Mattie McGrath (Tipperary, Independent)
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480. To ask the Minister for Transport, Tourism and Sport the additional road traffic offences introduced from 1 January 2011 to date from when they first came into force; the details of new restrictions on blood alcohol limits, new offences which can result in the imposition of penalty points or other penalties and increases to penalties for existing offences in tabular form; and if he will make a statement on the matter. [17325/19]

Shane Ross (Dublin Rathdown, Independent)
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I would like to offer a few opening remarks by way of adding clarity to some of the matters referred to in the Question and in the tables which follow.  In particular, I would like to explain briefly the development of legislation on intoxicated driving in the period to which the Deputy refers.

The Road Traffic Act 2010 consolidated and updated legislation across the range of intoxicated driving offences.  Its core provisions, including offences relating to driving or being in charge of a mechanically propelled vehicle while being under the influence of an intoxicant to such an extent as to be incapable of controlling the vehicle, were commenced in 2011.  Also commenced at that time were new provisions for lower legal alcohol limits.  These reduced the permissible alcohol limit from 80mg per 100ml of blood to 50mg.  In addition, a 'specified driver' - including learner and novice drivers, truck and bus drivers, and drivers of small public service vehicles - is held to a 20mg limit.

Section 29 of the 2010 Act allowed people detected in the 50-80mg  and 80-100mg alcohol brackets to receive a fixed charge notice rather than going to court in certain limited circumstances.  People in the lower of these brackets receive a fixed charge of €200 and in the higher of the two a fixed charge of €400.  Those in the 80-100mg group also receive a 6 month driving disqualification.  Those in the 50-80mg group originally received 3 penalty points, but the Oireachtas wisely agreed that this was unduly lenient and an inadequate deterrent, and replaced it in 2018 with a 3 month disqualification.

The 2010 Act was amended in 2014 to provide for new procedures for taking specimens from drivers in hospital if they were incapacitated following a collision.  Where a person is conscious and refuses to provide a specimen for testing for intoxicants they commit an offence; under the 2014 provisions the person commits an analogous offence if they refuse permission for a certificate of the test result to be issued.  In 2014 provisions to allow Gardaí to conduct impairment tests - walking a straight line and so on - and refusal to comply with a requirement to undergo these tests became an offence.

In 2016 the law was amplified to add new permitted limits for three drugs - cocaine, cannabis, and heroin.  At the same time new tests for drugs were introduced, with new offences for failure to comply with a requirement to undergo these tests. 

In 2018 the law was amended to create a new offence for the owner of a vehicle who allows a unaccompanied learner or an unlicensed driver to drive their vehicle.  The penalty is a Class D fine.

In the tables which follow, the General Penalty is the penalty prescribed by section 102 of the Road Traffic Act 102, and which applies to all road traffic offences on conviction in court, except where a different penalty for that offence is specifically provided for in the law.  The General Penalty is a fine of up to €1,000 for a first offence, up to €2,000 for a second or subsequent offence, and up to €2,000 and/or up to 6 months in prison for a third or subsequent offence within a 12-month period.

Table 1 - Intoxicated Driving Offences (commenced 2011 unless otherwise stated)

In addition, there have been various changes in regard to penalty points since the start of 2011.  The attached table sets out the information requested by the Deputy.