Robert Troy (Longford-Westmeath, Fianna Fail)
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1128. To ask the Minister for Transport, Tourism and Sport the rationale for the law under which haulage motorists may be fined €80 or more and receive one penalty point for overtaking a slow-moving vehicle on a motorway; and his plans to amend the legislation (details supplied). [36651/18]

Shane Ross (Dublin Rathdown, Independent)
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The reason for the ban on the use of the furthest right-hand lane on a motorway by vehicles that are subject to a maximum speed limit of 90 km/h is based on vehicle speed differentials and the consequent road safety considerations.  For example, the road speed for cars on a motorway is a maximum of 120 km/h whereas the maximum speed a heavy good vehicle (“HGV”) may travel is 90 km/h.  The allowable maximum speed of HGVs therefore renders them incapable of reaching the maximum motorway speed of 120 km/h that other vehicles are permitted to reach.  This forms the basis for disallowing HGVs from driving in an outer motorway lane (the so-called ‘fast lane’ or ‘overtaking lane’).

Regulation 33(1)(d) of the Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997) as amended by the Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012), provides that a driver on a motorway shall not “drive a vehicle of a class for which an ordinary speed limit of not more than 90 kilometres per hour is prescribed by regulations under sections 3 and 4 of the Road Traffic Act, 2004 in the traffic lane nearest the right hand edge of a carriageway having more than one traffic lane except where it is necessary to proceed in that lane due to an obstruction or because another lane or lanes is or are for the time being closed to traffic”.

There are no plans to amend the current provisions in this regard.