Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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611. To ask the Minister for Transport, Tourism and Sport his plans to review the Road Traffic Act 2006 (Restriction on Use of Mobile Phones) Regulations 2014 in relation to driving while using a mobile phone to allow the submission of phone records to be considered as a reasonable defence by the person accused; and if he is satisfied that the burden of proof is balanced in these instances between An Garda Síochána and motorists. [40330/14]

Paschal Donohoe (Dublin Central, Fine Gael)
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My Department is currently working on the preparation of a new Road Traffic Bill which will include provisions to further strengthen the law with regard to the use of electronic devices, including mobile phones, while driving.  In the context of the drafting of these provisions, my officials will liaise with all relevant stakeholders, including An Garda Síochána, to consider if existing powers in relation to the compilation of evidence are sufficient.

The defence of an alleged charge is a matter for the person charged to bring to the attention of An Garda Síochána, or to Court in the case of a court hearing.