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National News

New laws let over-the-limit motorists halve time off road

Drink-drive move will free up courts

By Patricia McDonagh

Friday July 10 2009

MOTORISTS caught just over the drink driving limit will be able to slash their time off the road by six months if they voluntarily hand over a driving licence.

Transport Minister Noel Dempsey yesterday said that under new laws anyone who handed in their licence after being found to have a blood alcohol level of between 80mg and 100mg would not have to go to court.

The measure will form part of the Road Traffic Bill.

Under the move, which was originally included in 2006 legislation, but is only being enacted now, they would have to pay a fine and would be automatically disqualified from the road for six months.

Disqualified

By contrast, those who go to court are usually disqualified for 12 months.

"The Garda, the Courts Service and various others have a strong desire to ensure that [the Bill] would happen and that Section 5 would become operational because it would free up significant time for the Garda and the courts," Mr Dempsey said.

"Section 5 of the 2006 Act provides that if a person whose blood alcohol concentration is found to be between 80mg and 100mg, accepts that fact, and takes the fixed penalty, he will be fined €300 and will have to hand in his license.

"Instead of going to court, where he would be disqualified for 12 months, he would be automatically disqualified for six months. That is the provision and we will operate on that principle," he added.

"We have to make a change to the Road Traffic Bill to make it feasible. There was a difficulty about records and establishing what happened over the previous five years but that has been overcome and I hope to be able to put that into effect for many of the offences."

Fine Gael transport spokesman Fergus O'Dowd said the measure would eliminate the expense of court action.

Mr Dempsey said the bill would be ready some time in the autumn.

It would provide for a number of amendments to existing legislation to improve the effectiveness of the fixed charge and penalty points system, he said.

And it would also provide for the lowering of blood alcohol levels and mandatory testing -- which would require the recalibration or replacement of roadside breathalysers and evidential breath-testing machines in garda stations.

Limits

However, when quizzed by Labour transport minister Tommy Broughan on the detail of new alcohol blood limits, the minister refused to be pinned down on the subject.

Mr Broughan said it had been reported that the minister met severe opposition to the introduction of the 0.5pc blood alcohol level at the Fianna Fail parliamentary party meeting this week. "The Government has not approved the bill so I can say only that I take my advice on limits from the Road Safety Authority. It has advocated a reduction from 80mg to 50mg and to 20mg in certain cases," he said.

- Patricia McDonagh

 
 

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