Written answers

Tuesday, 17 February 2009

Department of Transport

Proposed Legislation

9:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 60: To ask the Minister for Transport when he will introduce legislation to ensure the mandatory testing of all drivers involved in serious road collisions; the reason there has been such a delay in introducing this legislation; and if he will make a statement on the matter. [5826/09]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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The current position regarding the testing of drivers for alcohol at the scene of a collision is that a member of An Garda Síochána may require a driver involved in a collision to provide a preliminary breath specimen. This discretion is provided in acknowledgement of the fact that urgent medical attention may be required for seriously injured victims and must take precedence over breath testing. In addition, a Garda may request a blood or urine sample from a driver who is in hospital following a vehicle incident where the Garda believes that person was intoxicated.

There is no suitable technology currently available for the testing of drivers for drugs at the scene of a road traffic collision.

However the Road Traffic Acts provide that where a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of that vehicle, he or she may require that person to go to a Garda station and further require that person to submit to a blood test or to provide a urine sample.

A Road Traffic and Transport Bill, which inter alia proposes measures to put in place the mandatory testing for alcohol of drivers involved in road traffic collisions, is currently being drafted. The intention is to bring the Bill to Government as soon as possible and, subject to Government approval, the publish it in the coming months.

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