Written answers

Wednesday, 29 May 2013

Department of Transport, Tourism and Sport

Road Safety Issues

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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256. To ask the Minister for Transport, Tourism and Sport if he intends to bring forward or amend legislation dealing with the failure to stop and remain at the scene of an accident following the recommendation to do so by the jury at the inquest into the death of a person (details supplied) in County Monaghan after they were struck by a car on the N2 Dublin to Derry road between Carrickmacross and Castleblaney at Tollyvara Upper on 2 August 2011. [26175/13]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Section 106 of the Road Traffic Act 1961, as amended, provides for the responsibilities of drivers in the event of road collisions, including the requirement to remain at the scene. The section also provides for the penalties, on summary conviction, for a person who contravenes those requirements.  Where death is caused in a road traffic collision and whether or not the person remains at the scene of the collision, it is usual that charges are imposed under Section 53 (Dangerous driving) of the Road Traffic Act 1961, as amended.  All such charges are at the discretion of the Director for Public Prosecutions.

Under Section 53, the sanction in cases where a driver is found liable on conviction on indictment of dangerous driving causing death or serious bodily harm to another person, is imprisonment for a term not exceeding 10 years or a fine not exceeding €20,000 or to both.   In any other case, the person is liable, on  summary conviction, to a fine not exceeding €5,000 or to imprisonment for any term not exceeding six months or to both. I will, however,  have the jury recommendation, referred to by the Deputy, examined and will determine if an amendment to the legislation is warranted as a result.

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