Olivia Mitchell (Dublin South, Fine Gael)
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Question 1198: To ask the Minister for Transport if fixed charge penalties are in place for persons found to exceed the blood or alcohol limits during a mandatory roadside alcohol test; if not, the reason this is the case; when this provision will take effect; and if he will make a statement on the matter. [1037/07]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Act 2006 was passed by the Oireachtas on 6th July 2006 and was signed by the President on 16th July 2006. A Commencement Order in July brought a number of the provisions in the Act into effect from Friday 21st 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 approximately 30,000 Mandatory Alcohol Testing checkpoints are being operated by the Gardai every month. 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 Road Traffic Act 2006 provides for the introduction of a fixed charge and disqualification for certain drink driving offences. The implementation of that section requires necessary administrative and enforcement preparations, including adjustments to the Garda Fixed Charge Processing and IT systems and the testing of those systems. It is not possible to commence this section at this time.