Brendan Howlin (Wexford, Labour)
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Question 84: To ask the Minister for Transport when he proposes to fully commence all sections of the Road Traffic Act 2006. [35759/06]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Act 2006 was passed by the Oireachtas on 6 July 2006 and was signed by the President on 16 July 2006. I signed a Commencement Order in July which brought a number of the provisions in the Act into effect from Friday 21 July 2006. The provisions which were commenced included the key policy provisions promoted in the Act of Mandatory Alcohol Testing (MAT) checkpoints, a ban on the use of hand-held mobile phones while driving, and the legislative provision supporting the operation of privately operated speed cameras. The key policy initiatives set out in the Act were commenced without delay, and Mandatory Alcohol Testing Checkpoints have been operating effectively by the Garda since July. In addition, Section 16 of the Act was part-commenced with effect from 1 September 2006 in order to enable penalty points to apply to the offence of driving while holding a mobile phone. The remainder of that section (which introduces a number of new penalty point offences) has not yet been commenced.

Section 5 of the Act provides for the introduction of a fixed charge and disqualification for certain drink driving offences. This was not commenced immediately, pending the necessary administrative and enforcement preparations, which are now in hand. Neither section 5 nor the remainder of section 16 can be commenced until such time as the administrative and enforcement procedures are in place. Both sections require adjustments to the Garda Fixed Charge Processing and IT systems and in this context, it is not proposed to commence these sections at this time. A number of sections in the Act relate to the imposition of disqualification orders and fines by the courts. Consideration is being given to the commencement of these provisions in the near future. Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006, the Road Safety Authority (RSA) has responsibility for the oversight of the operation of the driver licensing system. Section 11 of the Road Traffic Act 2006 provides for the introduction of learner permits. This provision will be commenced when a supply of learner permits is available to licensing authorities to issue. It is a matter for the RSA to arrange for the supply of learner permits to licensing authorities. Similarly, sections 10 and 13 cannot be commenced until local authorities are in a position to issue learner permits.