Richard Bruton (Dublin North Central, Fine Gael)
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Question 467: To ask the Minister for Transport his plans for the banning of supersize trucks and the rules that will apply during the transition period to a full ban. [27998/06]

Martin Cullen (Waterford, Fianna Fail)
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EU law on maximum weights and dimensions for vehicles is set out in Directive 96/53/EC. Under that Directive, which has been fully implemented by Ireland, a Member State may not prohibit the use, in its territory, of vehicles from another Member State which comply with the authorised maximum weight and dimension limits set down in the Directive.

The Directive specifies four metres as the limit value for vehicle height. Consequently, provided a vehicle registered in a Member State is four metres or less in height, every Member State must permit that vehicle to operate on its territory. A Member State may, however, prescribe a higher limit on its territory.

There is currently no height limit for goods vehicles in Ireland. However, I am considering the introduction of a height limit for vehicles taking account of the wide-ranging submissions received arising from the public consultation on the matter last year. I expect to make a decision in this matter shortly.

In the event that it is decided to introduce a statutory height restriction for vehicles, it will be necessary to submit the draft Regulations to the European Commission for consideration and for referral to other Member States in accordance with the Technical Standards and Regulations Directive (Directive 98/34).

Richard Bruton (Dublin North Central, Fine Gael)
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Question 469: To ask the Minister for Transport the penalty for breach by HGVs of bans from specified roads and his views on whether these penalties are sufficient to police the new HGV restriction. [28001/06]

Martin Cullen (Waterford, Fianna Fail)
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Provisions for imposition of a weight restriction on large vehicles entering a public road are set out in Article 17 of the Road Traffic (Traffic and Parking) Regulations 1997 (SI No. 182 of 1997). It is a matter for each local authority to determine if, and where, such restrictions should apply in its area.

Article 17 operates as imposing a restriction on entry to the specified road as opposed to an outright prohibition on entry. This policy is required to cover circumstances where it is necessary for a large vehicle (of a weight that exceeds whatever threshold is indicated on the regulatory sign) to enter a road if this is necessary solely for the purpose of gaining access or egress from premises accessible only from that road.

I extended the fixed charge system from 3 April 2006 to a wide range of non-penalty point offences including the offence of contravening Article 17. Enforcement is a matter for the Garda Síochána and a driver who breaches Article 17 is now liable to be issued with a fixed charge notice to pay €60 within 28 days or pay €90 (being 50% greater) within the following 28-day period.

If a fixed charge payment is not received the Gardai bring a prosecution to court where a person, shall be liable, on summary conviction:

(a) in the case of a first offence to a fine not exceeding €800

(b) in the case of a second offence, or a third or subsequent offence, to a fine not exceeding €1,500 and

(c) in the case of a third or subsequent offence which is the third or subsequent offence in any period of twelve months, to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for any term not exceeding 3 months or to both fine and imprisonment.

The Road Traffic Bill 2006 provides that the €800 fine be increased to €1,000 and that the fine amounts of €1,500 referred to be increased to €2,000.