Olivia Mitchell (Dublin South, Fine Gael)
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Question 460: To ask the Minister for Transport if penalty points were put on the licences of persons (details supplied) in County Westmeath who were recently convicted of dangerous driving; and if he will make a statement on the matter. [31988/06]

Martin Cullen (Waterford, Fianna Fail)
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A person convicted of dangerous driving (tried summarily) is liable to disqualification from driving for a period of not less than one year, and for a second or subsequent offence, for a period of not less than two years. However, in the case of a first offence, the court has the option, where it is satisfied that a special reason, which has been proved by the convicted person, exists, to decline to make a consequential disqualification order, or to specify a period of disqualification in the disqualification order of less than one year. In view of the penalties applicable to the offence of dangerous driving penalty points do not apply.

Driving licence records are established under section 60 of the Finance Act, 1993. Under section 60(3) only an officer of a Minister of the Government, a licensing authority or the competent authority for licensing vehicles and drivers of vehicles in another Member State of the European Communities, an officer of the Revenue Commissioners, a member of the Garda Síochána or such other persons as may be prescribed in regulations may have access to driving licence records.

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Acts provides that a member of the Garda Síochána may, where he or she is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, require that person to go to a Garda station and further require that person submit to a blood test or to provide a urine sample.

The Medical Bureau of Road Safety analyses blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs. In 2004, 569 specimens were tested for the presence of a drugs or drugs. 354 specimens tested positive and 215 were found to be negative for the presence of a drug or drugs.

There is no feasible basis for introducing a scheme of preliminary roadside testing for drugs at present. Roadside testing devices are still in the prototype stages. However, the Medical Bureau of Road Safety is keeping abreast of developments in this area.

The offence of driving under the influence of an intoxicant to such an extent that the driver is incapable of having proper control of the vehicle attracts a disqualification of not less than 2 years in the case of a first offence, and, not less than 4 years in the case of a second or any subsequent offence. The courts can also impose a fine of up to €2,500 and/or 6 months in jail.