Fergus O'Dowd (Louth, Fine Gael)
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Question 213: To ask the Minister for Transport the legal position regarding the qualified accompanying driver of a learning permit driver in regard to alcohol consumption and being breathalysed in their capacity as a passenger acting as an accompanying driver; and if he will make a statement on the matter. [27828/08]

Noel Ahern (Dublin North West, Fianna Fail)
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With effect from Monday 30 June of this year, all learner drivers must be accompanied by a driver who holds a full driving licence continuously for the previous two years. This provision, introduced in Regulations in October last year, amended the position where drivers on a second provisional licence could drive unaccompanied.

The current provisions relating to drink driving apply to the driver of a vehicle and not to an accompanying driver or any passenger. The introduction of a provision to make the accompanying driver subject to drink driving legislation would require primary legislation. Such a measure is not currently among those being finalised by the Minister for Transport in a draft Scheme of a Road Traffic Bill to be circulated to other Ministers for comment shortly.