Written answers

Wednesday, 12 November 2008

Department of Transport

Road Traffic Offences

10:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 95: To ask the Minister for Transport when he will introduce legislative, or other measures, to ensure that both Irish and foreign registered vehicles are subject to all of the same laws, regulations, toll charges and penalties and that all fines or penalties accrued by a driver of a foreign registered vehicle are collected; the percentage of road traffic offences that are not processed due to the vehicle in question being a foreign registered vehicle; the progress that has been made on developing a system of mutual recognition of penalty points across the EU; the reason he opposed mutual recognition at the EU Council of Ministers; and if he will make a statement on the matter. [39852/08]

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
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Question 133: To ask the Minister for Transport his proposals to deal with out of State drivers who drive above the speed limits here; and if he will make a statement on the matter. [39905/08]

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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Question 139: To ask the Minister for Transport the outcome of cross-Border discussions in relation to enforcement of penalty points; and if he will make a statement on the matter. [39902/08]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 95, 133 and 139 together.

The enforcement on foreign registered drivers of penalties for road traffic offences is a complex legal and administrative matter for many States, and my Department is pursuing this question at European, British/Irish and North/South levels.

We are working with the United Kingdom with the objective of having a bilateral agreement on mutual recognition of driving disqualifications in place early next year, under the framework of the relevant EU Convention.

The mutual recognition of penalty points is however a longer term and much more difficult matter. In particular it involves complex legal issues and will probably require the passage of primary legislation both here and in the United Kingdom in due course. While both jurisdictions are working on this, it will be some time before a bilateral agreement can be put in place on this particular issue.

In the meantime, although foreign licence holders do not have an Irish driving licence record, a separate record of any penalty points incurred by them in this State is kept in the National Driver File. When the necessary arrangements are in place in relation to mutual recognition, this data will then be available for enforcement arrangements. Statistics in relation to road traffic offences that are not processed, due to the vehicle in question being a foreign registered vehicle, is a matter for the Department of Justice, Equality and Law Reform and the Garda Síochána.

A proposal for a Directive on enforcement in the field of road safety is currently being discussed at Council Working Group level. This proposal does not relate to the mutual recognition of penalty points across the EU.

Ireland was just one of many Member States that indicated, at the recent EU Council of Ministers meeting, that it has difficulties with the draft Directive. Further proposals are being examined at present in an attempt to overcome these difficulties.

All drivers are subject to road traffic law and enforcement is a matter for An Garda Síochána. The realisation of any fines or penalties imposed by the Courts is a matter for the Courts Service.

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