Motorists to face fines over use of mobiles
Under the law, drivers on the phone will be fined €190 for a first offence, up to €435 for a second offence and fined €435 and/or jail for a third offence.
After a five-month delay, gardaí confirmed last night they will enforce the regulations when the Attorney General’s office issues its guidelines in mid-September.
From then, a driver using a mobile phone, including one with an ear piece, in a car will be fined.
However, the use of stabilised hands-free sets and mobiles, including ones turned on, in a motorist’s pocket, on nearby seats or in a bag, will be exempt.
Radio sets used by emergency services, including gardaí, ambulance crews and the fire brigade, will also be exempt. Gardaí, who referred the regulations for legal clarification last March, will start issuing fines once the regulations are issued.
The Garda Commissioner Pat Byrne asked his law officers to clarify the regulations with the Attorney General’s office because of concerns that in-car radio kits, involving handsets, used by gardaí and other emergency services, were included in the ban.
“The regulations are the law of the land. Gardaí felt they needed help in drawing up the guidelines, so the Attorney General became involved along with the Department of Transport,” a spokeswoman for the Attorney General said yesterday.
A Department of Transport spokesman said changes needed by the gardaí would be carried out.
“If there is a problem we will fix it, regulations get amended all the time.
“The gardaí are having problems on the operational side. We will make the necessary changes.
“This may require some changes to the existing legislation. This will have to be cleared up over the next month because it’s dragging on too long.”
Research by the British Transport Research Laboratory found that drivers who talked on their mobile phone at the wheel were more dangerous than those over the drink-drive limit.
It also found that reactions of those with a phone to their ear were 30% slower than those tested over the alcohol limit, and 50% slower than those without distractions.
Pat Costello of the National Safety Council last welcomed the announcement. “There is a lot of confusion. We want to see the law in place with the grey areas clarified,” he said.
