Jackie Healy-Rae (Kerry South, Independent)
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Question 340: To ask the Minister for Transport if the driver of a slow moving vehicle pulls onto the hard shoulder to allow the traffic that has built up behind his or her vehicle to pass freely for safety reasons is then liable to incur penalty points; and if he will make a statement on the matter. [19107/06]

Martin Cullen (Waterford, Fianna Fail)
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Where a hard shoulder area is provided on a non-motorway road i.e. on a national primary or a national secondary road, on a regional road or on a local road, a driver is allowed to pull over onto the hard shoulder area to facilitate overtaking by faster moving vehicles in the circumstances referred to by the Deputy when it is safe to do so, and having regard to the presence of any pedestrians or cyclists etc. who are using the hard shoulder area. The situation is different in relation to hard shoulder areas on motorways. It is prohibited to drive on the hard shoulder area on a motorway or to stop or park there except if an emergency situation arises in relation to the vehicle being driven such as a mechanical defect or breakdown. The rules for traffic on motorways are set out in article 33 of the Road Traffic (Traffic and Parking) Regulations 1997 (SI No. 182 of 1997). An offence is committed if a vehicle is driven on a hard shoulder on a motorway and, on payment of a fixed charge of €80 within 28 days or that amount increased by 50% within the following 28 days, a person will have one penalty point endorsed on their driving licence record. If the person opts not to pay a fixed charge and is convicted of the offence in Court, he or she will receive three penalty points.