Brendan Howlin (Wexford, Labour)
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Question 225: To ask the Minister for Justice, Equality and Law Reform if members of the Garda Síochána are exempt from the ban on the use of hand held mobile telephones while driving; the basis for such exemption; his views on whether such exemption is warranted in view of the availability of hands-free mobile telephones; and if he will make a statement on the matter. [2790/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Section 3(1) of the Road Traffic Act 2006 creates an offence of holding a mobile phone while driving a mechanically propelled vehicle. Under section 3(2) of the Act this prohibition does not apply to a member of the Garda Síochána who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties. I am informed by the Garda authorities that the legal exemption for members of the Garda Síochána is needed asoperational requirements may dictate that it is necessary to hold a mobile phone whiledriving.