Tommy Broughan (Dublin North East, Independent)
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Question 488: To ask the Minister for Transport when the legislation to faciliate the mandatory testing of all drivers involved in a serious road collision will be implemented; and if he will make a statement on the matter. [1301/11]

Noel Dempsey (Meath West, Fianna Fail)
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The Road Traffic Act 2010 provides for the introduction of mandatory breath testing of drivers by An Garda Síochána in certain circumstances, including where a Garda attends at the scene of a collision where injury has been caused.

Because of the inter-relationship between the section of the 2010 Act that introduces mandatory breath testing and other drink driving related sections of the Act, it will not be possible to commence this section until new apparatus to measure the reduced levels of blood alcohol concentration are in place. I understand that the new apparatus will not be available for use before September 2011.

However, I intend to implement the policy of mandatory breath testing, as envisaged in the 2010 Act, without delay. In order to bring forward the initiative, I have decided to amend existing legislation in advance of the commencement of the relevant provisions of the 2010 Act. Accordingly, a new Bill that was published yesterday will make a requirement of drivers in certain circumstances to undertake a preliminary breath test. These circumstances will relate to drivers who, in the opinion of the Gardaí, have consumed alcohol and will relate to drivers who are involved in collisions where injury is caused.