Written answers
Tuesday, 23 September 2025
Department of Transport, Tourism and Sport
Road Traffic Offences
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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163. To ask the Minister for Transport, Tourism and Sport if he plans to amend legislation regarding penalties for driving under the influence of drink and/ or drugs; if he intends that any proposed changes will include provision to extend the permissible time frame for obtaining alcohol samples to up to 12 hours post-incident, in line with standards in other jurisdictions, and facilitate hospital-based alcohol sampling without the need for Garda caution and allow for the immediate removal of vehicles from offenders to prevent repeated offenses; and if he will make a statement on the matter. [49836/25]
Seán Canney (Galway East, Independent)
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As Minister of State for International & Road Transport, Logistics, Rail & Ports, I wish to advise that my Department has no current plans to amend the penalties for driving under the influence of alcohol and/or drugs
In relation to the proposal that the window for obtaining blood samples be increased to 12 hours, I can confirm that the Department does not intend to make such an amendment and I am happy to take this opportunity to outline the reasons why.
The Medical Bureau of Road Safety (MBRS) has advised the Department that Ireland is in line with several other European countries in setting a time limit of 3 hours from an incident to sampling. Other jurisdictions have no particular limit but rather have legislated that a sample should be taken as soon as is practicable.
To increase this period would allow for the level of intoxicant in a driver's blood to steadily decrease, potentially allowing for the driver to be below the limit by the time an evidential test is taken. This would give an intoxicated driver a greater chance of evading criminal conviction.
The procedure for taking evidential blood and urine samples in a hospital is set out in Section 14 of the Road Traffic Act 2010. Section 14 requires that a member of An Garda Síochána form the opinion that the injured driver has been driving while intoxicated, consult with the doctor treating the driver if they are in a fit state to be tested and if so, require of the driver that they allow a designated doctor or nurse take an evidential sample. The sample is then returned to the Guard, who subsequently sends it to MBRS for chemical testing.
The amendment proposed, to facilitate hospital-based alcohol sampling without the need for Garda caution, would have considerable operational implications for the MBRS, which has a statutory responsibility for supplying testing kits to An Garda Síochána. If hospital equipment were to be used to take evidential blood samples, rather than the MBRS-tested and approved equipment, the Bureau would have to take on the role of scientifically assessing the sample collection tubes. Different kinds of collection tubes that are used in different hospitals may also affect some internal testing procedures.
In relation to the Deputy's point regarding the removal of vehicles, members of An Garda Síochána have the powers to seize the vehicles of drivers guilty of certain offences, including dangerous driving, driving a dangerously defective vehicle, driving without insurance and unaccompanied learner driving. Any potential inclusion of intoxicated offences within these powers would require close engagement with An Garda Síochána, taking into account such important factors as Garda resources and the availability of appropriate storage.
Emer Currie (Dublin West, Fine Gael)
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164. To ask the Minister for Transport, Tourism and Sport the number of drivers disqualified in court in 2022, 2023 and 2024; the number not sent a notification to inform them of the requirement to surrender their licence/permit to the Road Safety Authority as a match could not be made to link the offence with the driver licence; and if he will make a statement on the matter. [49861/25]
Emer Currie (Dublin West, Fine Gael)
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165. To ask the Minister for Transport, Tourism and Sport the number of drivers who received penalty points in 2022 to 2024 and to date in 2025; the number of drivers who avoided having their penalty points recorded on their licence or permit record on the National Vehicle and Driver File database as the offence could not be successfully matched to the driver involved; and if he will make a statement on the matter. [49862/25]
Seán Canney (Galway East, Independent)
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I propose to take Questions Nos. 164 and 165 together.
Penalty point and disqualification data are sourced from the Department's National Vehicle and Driver File (NVDF) database, which serves as the official record for driving licence, penalty point, and disqualification information.
Each week, An Garda Síochána (AGS) and the Courts Service electronically transmit data to the NVDF. This includes:
- Offences arising from paid Fixed Charge Notices (FCNs) issued by AGS.
- Offences resulting from court proceedings provided by the Courts Service.
When a court order cannot be automatically matched to an Irish driver record, the National Driving Licence Service (NDLS), operated by the Road Safety Authority (RSA), conducts a manual search. If no match is found, a ‘shell’ record is created in the NVDF to track the disqualification.
It is important to note that some disqualifications are issued to individuals who do not hold, or have never held, an Irish driving licence, or who hold foreign licences. As a result, not all disqualification orders can be matched to an existing NVDF record and in such cases a licence clearly cannot be surrendered.
Additionally, some disqualifications affecting Irish licence holders remain unmatched due to the individual’s failure to present their licence in court. This issue has been highlighted in the Garda Inspectorate Report and is the subject of ongoing collaboration between the Department of Transport, the Department of Justice, and the Courts Service.
An Garda Síochána have access to the NVDF as part of their Mobility Strategy and therefore can detect and prosecute a matched driver who continues to drive while disqualified. This is the case whether or not a licence has been surrendered.
Table 1 below details the number of drivers disqualified in court in 2022, 2023 and 2024 and the number of these that could not be matched to a driving licence. Unmatched records can include foreign licence holders, unlicensed individuals, and unmatched Irish licence holders. Note that some driver records have had multiple disqualifications; the table below represents the number of drivers disqualified.
Table 1
2022 | 2023 | 2024 | |
---|---|---|---|
Driver Disqualified in Court | 7,833 | 8,969 | 7,861 |
Number Unmatched to Drivers | 1,859 | 2,113 | 1,904 |
% Unmatched | 23.7% | 23.6% | 24.2% |
Table 2
2022 | 2023 | 2024 | 2025 (YTD Aug) | |
---|---|---|---|---|
Drivers who Received Penalty Points | 181,097 | 170,316 | 166,188 | 117,502 |
Number Unmatched to Drivers | 13,184 | 7,971 | 8,152 | 5,487 |
% Unmatched | 7.28% | 4.68% | 4.91% | 4.67% |
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