Paul Gogarty (Dublin Mid West, Green Party)
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Question 473: To ask the Minister for Transport and the Marine his interpretation of the Rules of the Road in relation to a cyclist being told to use a cycle track if it is provided; if this rule has a history of being enforced on a regular basis; if there are mitigating circumstances taken into consideration such as poorly maintained or glass covered cycle tracks, which make it safer to use the road; and if he will make a statement on the matter. [20127/07]

Noel Dempsey (Meath West, Fianna Fail)
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Under road traffic regulations in place since 1998 where a cycle track, bounded by solid white line roadway marking, is provided on-road or off-road it is mandatory for cyclists to use that track. The other type of cycle track that a local authority may provide is one that is bounded by a broken white line roadway marking. It is not mandatory for a cyclist to use that cycle track.

A general exception provision is provided in respect of road traffic regulations to the effect the regulations shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a roaduser which could not reasonably have been expected or anticipated.

Enforcement of the road traffic regulations regarding the use of mandatory cycle tracks is a matter for the Garda Síochána and my Department has no statistics in relation to the level of prosecutions brought to court in respect of the use of cycle tracks.