Tommy Broughan (Dublin North East, Labour)
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Question 499: To ask the Minister for Justice and Equality the action he intends to take to address the serious problem of dangerous driving caused by the use of a mobile phone while driving; if he intends to introduce any measures to facilitate the routine testing of phone records in the aftermath of a fatal or serious road collision; and if he will make a statement on the matter. [15438/12]

Alan Shatter (Dublin South, Fine Gael)
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I am informed that the Garda authorities continue to focus their enforcement activities on the main causes of death and serious injury on our roads. Driving while holding a mobile phone is a Fixed Charge Penalty Offence and subject to ongoing enforcement by An Garda Síochána. In this regard, I am also informed that there were a total of 33,279 fixed charge penalty notices issued by An Garda Síochána in 2011 for the offence of driving while using a mobile phone and 2,427 in 2012 up to 31 January, 2012.

I am further informed by the Garda authorities that the primary offences emanating from the investigation of serious road traffic incidents include dangerous driving; dangerous driving causing death; serious injury; driving without due care and attention; or careless driving. Evidence relating to the use of a mobile phone by a driver at the time of the collision would form part of the investigation file submitted to the Law Officers and could result in proceedings for the criminal offence of using a hand held mobile device while driving.

Insofar as the investigation into a serious injury collision is concerned, An Garda Síochána would in certain circumstances seek to preserve for any subsequent prosecution evidence of the use of a mobile phone. However, I am also advised that there would need to exist a suspicion that the use of a mobile phone was a contributing factor in the collision under investigation. Such a suspicion would arise taking into account all the circumstances of the collision and evidence gathered.