Noel Ahern (Dublin North West, Fianna Fail)
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Question 154: To ask the Minister for Transport if there is any legislation which protects pedestrians from being splashed by vehicles during wet weather; if there is any requirement on motorists to slow down and avoid splashing pedestrians; if he will introduce such a requirement; and if he will make a statement on the matter. [26221/10]

Noel Dempsey (Meath West, Fianna Fail)
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There is no specific legislation in place relating to this issue. However, driving in such a manner as to splash a pedestrian may be considered, in certain circumstances, as driving without due care and attention, under the terms of Section 52 of the Road Traffic Act 1961 (as amended by Section 50 of the Road Traffic Act 1968). Whether or not a specific incident constitutes 'driving without due care and attention' would depend on the specific circumstances, for example whether the driver had no safe alternative such as slowing down or avoiding the water. The maximum penalty for driving without due care and attention is a fine of €2,000 and/or three months imprisonment.

I have no plans to introduce specific legislation in this area, and I do not believe that such legislation would be either necessary or practicable.