Dan Boyle (Cork South Central, Green Party)
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Question 74: To ask the Minister for Transport his views on the proposal by the public against road carnage campaign that all drivers involved in road traffic accidents should be automatically breathalysed, or have their blood or urine alcohol levels determined immediately after road traffic accidents; and if he will make a statement on the matter. [21886/06]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 93: To ask the Minister for Transport his policy in relation to the lowering of the blood alcohol concentration limit; and if he will make a statement on the matter. [21957/06]

Pádraic McCormack (Galway West, Fine Gael)
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Question 162: To ask the Minister for Transport his proposals in relation to a zero alcohol limit for learner drivers; when such a measure will be introduced; and if he will make a statement on the matter. [21939/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 74, 93 and 162 together.

The position in relation to drivers involved in road accidents and testing for alcohol levels is outlined in the Road Traffic Acts. The Road Traffic Act 1994 makes provision that a member of the Garda Síochána may require a person in charge of a mechanically propelled vehicle to provide a preliminary breath specimen where the vehicle is involved in a road collision. The Road Traffic Acts also provide that a person may be arrested for a drink driving offence without recourse to a preliminary breath test. Those Acts also enable a Garda to require a driver to submit to a roadside breath test where the Garda believes he or she has committed a road traffic offence or where the Garda is of the opinion that he or she has consumed alcohol.

The Road Traffic Bill 2006 will extend the powers of the Gardai to allow them to operate a system of roadside mandatory alcohol testing checkpoints, additional to the existing powers I have described above. I do not propose, however, to alter the legislation to make it mandatory to breathalyse all drivers involved in road accidents.

There may be circumstances, especially in the context of a road collision, where it may not be possible for a member of the Gardaí to require that a person submit to a preliminary breath test. Garda discretion in relation to the use of preliminary roadside tests is an integral and important element of the enforcement provisions relating to the laws applying to drink driving.

The Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital at the request of a member of the Gardai. This applies where an event occurs involving a vehicle which results in a person being injured, or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital, and a member of the Gardai is of the opinion that, at the time of the event, the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.

With regard to the possibility of lowering the blood alcohol concentration limit generally or introducing a zero alcohol limit for learner drivers, I have asked the CEO designate of the Road Safety Authority to examine these issues in the context of the formulation of the next Road Safety Strategy.