Delay in mobiles-and-motoring law

LONG-AWAITED laws to clamp down on motorists using mobile phones will not be in place until next year.

Laws regulating mobile phone use by drivers were signed into law in March and were to come into force this month.

But it is believed the new Attorney General, Rory Brady, wants to draft new legislation.

This could delay implementation for up to six months or more. All the same at least one garda is using existing laws to charge motorists too busy chatting on their mobiles to drive carefully.

The new regulations were brought in last March by Bobby Molloy, then Minister of State.

However it is thought the regulations may have been drafted in too much of a rush. As a result the wording may be too vague.

There were also concerns there was insufficient consultation with gardaí.

Garda Commissioner Pat Byrne referred the regulations to the Attorney General for clarification. There were concerns the ban would affect in-car radio kits involving handsets used by gardaí and other emergency services.

Discussions have been held between the Attorney General, Garda and the Department of Transport to resolve the matter.

A source said: "The three parties have now agreed on what should be included in the ban and what should be exempt."

It is understood Mr Brady believes new legislation will limit the possibility of future legal challenges.

Even with emergency legislation it may be December before the bill is circulated to the Oireachtas and several more months before it is passed.

Under the new law motorists will be fined 190 for a first offence, up to 435 for a second offence and 435 and/or a three-month jail sentence for a third offence.

Under current laws it is difficult, but not impossible to prosecute motorists for using mobile phones. Charges must be in the context of the driver committing an offence of dangerous or careless driving.

In Mayo yesterday, Sarah McNicholas, 26, was convicted of driving without reasonable consideration arising from the use of a mobile phone last June.

Garda Martin Mitchell told the court the accused took a right-hand corner without reasonable consideration given there was a large number of people at the corner.

Judge Mary Devins fined Ms McNicholas 100 and complimented Garda Mitchell.

"He is the first to prosecute for this behaviour and I am absolutely delighted to see it. It is a mildly historic day," she said.