Tommy Broughan (Dublin North East, Independent)
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Question 143: To ask the Minister for Transport if he has introduced regulations under section 3 (4) of the Road Traffic Act 2006 to deal with a number of distracted driving issues including texting while driving; if he will confirm if it is currently an offence to drive while texting and if it is against the law to text when the phone is in a hands-free unit while driving; and if he will make a statement on the matter. [43213/10]

Noel Dempsey (Meath West, Fianna Fail)
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Section 3 (1) of the Road Traffic Act 1961 and Statutory Instruments numbers 443 and 444 of 2006 provide for the offence of driving a mechanically propelled vehicle in a public place while holding a mobile phone. While regulations under section 3(4) of the 2006 Act have not been made, offences relating to using a mobile phone for texting while driving are dealt with under Section 52 of the Road Traffic 1961 (as substituted by section 50 of the Road Traffic Act 1968). Enforcement of this legislation is a matter for an Garda Síochána.