Latest changes to the Road Traffic No 2 Act 2013

The latest changes to the Road Traffic No 2 Act 2013 were enacted in the Seanad yesterday. Here's what to expect..

Penalty points for using a mobile phone will rise from two to three, and that there will also be roadside impairment test to check for drug driving.

There will also be higher penalty points for speeding, and not wearing seatbelts; and the act allows “unconscious drivers” to be tested for intoxication.

Roadside impairment testing, where Gardaí can carry out cognitive tests to establish if a driver is under the influence of an intoxicant. The result of the test can be used if a prosecution proceeds.
A new Road Traffic offence of tampering with an odometer (clocking) with a penalty of €2,500 and/or three months in prison.
There will be tougher penalties for involvement in a hit and run accident:

When a person flees the scene, with intent to escape liability, and does not offer assistance, knowing injury has been caused, €10,000 and/or seven years
Where death results, €20,000 and/or 10 years.
The act changes the level of penalty points for several offences, and these changes will come into effect when the Garda Pulse system is next updated.

Speeding will now attract three points on payment of fixed charge and five on conviction (previously two and four);
Mobile phone use will now attract three points on payment of fixed charge and five on conviction (previously two and two);
Non-wearing of seatbelts will now attract three points on payment of fixed charge and 5 on conviction (previously two and four);
Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge.
When it comes to taking a blood specimen in hospital from a driver incapacitated following a road traffic collision, the new laws specify:

The permission of the treating doctor will be required before the specimen can be taken and the results of the analysis will be revealed only when the driver can, subsequently, give permission.

There will also be a new ‘novice’ driving licence, for the first two years of a first licence. Novices will be required to display an ‘N’ plate.

The disqualifying level for novice and learner drivers will be set at seven penalty points, just over half the level for other drivers.

Plus, learner drivers will have to produce a log book indicating that they have taken a minimum of accompanied driving experience before taking a driving test.

This is as well as the 12 formal lessons with approved driving instructors that are already required of them.

Pointless raising offences by 1 point. Having 3 points for something small is a waste of time and resources. Somethings I do agree with. I would never ever drink and drive and wouldn't drive stoned either but people seem to think driving stoned is ok? It isn't glad to see a test for this coming through. I imagne a blood sample would be required on failure?

Slightly off topic but has anyone noticed that checkpoints are almost non existent now since the new road tax system was set up I used to pass at least 2 a month I haven't seen one so far this year

Three points for speeding is a bit much! Thats getting into the territory where the insurance companies have full permission to rape you no?

Odometer fraud is great news though, finally!

I wouldnt like to be sitting my driving test again with all the hoops you have to jump through, but if it improves the standard of driving on our roads i'm all for it.

The non-display of NCT cert, does that mean cars with no NCT at all or just for not having the NCT disc in the window similar to the non display of tax disc penalty?

If its for having no NCT at all its actually a reduction imo, if i was the type to not bother with NCT i would be more willing to risk it with a 2 points and fixed charge fine rather than the previous court appearance and 5 points upon conviction.

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Originally Posted by Ketron

Thats getting into the territory where the insurance companies have full permission to rape you no?

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Are we not already there, the last 14-15 years?? You mean raped with a bigger stick maybe!!!

Sorry for diverting the thread....

How will they be able to test for driving while stoned ?


It's not what you can buy . It's what you can build
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Haha, are you trying to tell us somethin Steve :p

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Originally Posted by Peter-E36

Haha, are you trying to tell us somethin Steve :p

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Hhaha just being curious


It's not what you can buy . It's what you can build
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Originally Posted by Gar

Slightly off topic but has anyone noticed that checkpoints are almost non existent now since the new road tax system was set up I used to pass at least 2 a month I haven't seen one so far this year

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There seems to be a more targeted approach now, as in middle check points in one area. They put up pictures and locations of some of the targeted checkpoints on garda Twitter. Check it out




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I Think it's a bit petty raising the points to 3 for phones and no seat-belt. I can sort of get my head around the 3 points for speeding, but I think it should be a step affect, where the higher you are above the speed limit results in more points you receive. 3 points for going 110kph in a 100kph zone would be harsh, I think 120 in a 100 would be harsh.....and probably a bit more.


The mobile phone thing really gets on my nerves, I know Guards are only human but the amount of times I pass marked and unmarked cars with the driver on their mobile phone is actually ridiculous, I occasionally use my phone when driving, im guilty, I try to hide the fact I do and have often placed it down when approaching a marked/ unmarked car, only to pass them and notice they are chatting away on their phone. Im not having a go about Guards at all, have plenty of friends in the blue force.

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Originally Posted by Remote

I Think it's a bit petty raising the points to 3 for phones and no seat-belt. I can sort of get my head around the 3 points for speeding, but I think it should be a step affect, where the higher you are above the speed limit results in more points you receive. 3 points for going 110kph in a 100kph zone would be harsh, I think 120 in a 100 would be harsh.....and probably a bit more.


The mobile phone thing really gets on my nerves, I know Guards are only human but the amount of times I pass marked and unmarked cars with the driver on their mobile phone is actually ridiculous, I occasionally use my phone when driving, im guilty, I try to hide the fact I do and have often placed it down when approaching a marked/ unmarked car, only to pass them and notice they are chatting away on their phone. Im not having a go about Guards at all, have plenty of friends in the blue force.

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Do as I say not as I do. Country is built on it :huh:

The new learner 7 points thing seems weird to me. Penalising people for not knowing better rather than penalising people who should know better seems backwards.

Can't argue with the seatbelt or mobile phones. Can't really argue with the speeding either but feel I should ;)

Its just very annoying, I have to hide the fact I do it yet the people who are enforcing these changes openly drive round abusing it.

it just gives you a feeling of resentment towards the ones you see doing it, and then contributes to the feeling of not caring about doing it (providing im not caught)

On another angle I'd actually love to see the statistics of how many Guards have penalty points.


Once again I'm not Garda bashing, you get people taking advantage in every walks of life, but I just feel that the frequency I see Guards driving while on the phone is a bit much, and I wonder is there a feeling among them thats its ok for them to do it, is there some loophole that Guards can use their phones while driving for certain circumstances?? If their is well their really milking it

Yes guards on duty are allowed to use their mobile while driving

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Originally Posted by Remote

Its just very annoying, I have to hide the fact I do it yet the people who are enforcing these changes openly drive round abusing it.

it just gives you a feeling of resentment towards the ones you see doing it, and then contributes to the feeling of not caring about doing it (providing im not caught)

On another angle I'd actually love to see the statistics of how many Guards have penalty points.


Once again I'm not Garda bashing, you get people taking advantage in every walks of life, but I just feel that the frequency I see Guards driving while on the phone is a bit much, and I wonder is there a feeling among them thats its ok for them to do it, is there some loophole that Guards can use their phones while driving for certain circumstances?? If their is well their really milking it

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Why do you have to hide the fact you do it, or more important, why do it? A Bluetooth headset is cheap so there is really no excuse

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Originally Posted by ciars

Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge.

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I presume this is for non display and non display of valid NCT. If this is a case where penalty points are forced upon the driver without valid NCT in a case where an individual is dealing with an incompetent service by being put on a massive unacceptable 3 months waiting lists for a test then this is an absolute JOKE. Especially when they knew that an influx of demand for NCT testing will be inevitable after the introduction of yearly NCT for vehicles aged 10 years or older.

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Originally Posted by Cisk

The non-display of NCT cert, does that mean cars with no NCT at all or just for not having the NCT disc in the window similar to the non display of tax disc penalty?

If its for having no NCT at all its actually a reduction imo, if i was the type to not bother with NCT i would be more willing to risk it with a 2 points and fixed charge fine rather than the previous court appearance and 5 points upon conviction.

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Speaking to a Garda that I know it seems there is a bit of reluctance to hit someone with a €1,000 & 5 points for no NCT. A lot of Guards feel that it is too harsh a penalty to hit someone with, especially given the potential for just plain absenct mindedness. With a lower penalty all round I would expect that they will begin to hand them out more frequently.

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Originally Posted by Gar

Yes guards on duty are allowed to use their mobile while driving

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Are they only allowed use it for specific police business??

Or does the driver training they receive cover driving while using a phone??

Curious

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Originally Posted by gn3dr

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Originally Posted by Remote

Its just very annoying, I have to hide the fact I do it yet the people who are enforcing these changes openly drive round abusing it.

it just gives you a feeling of resentment towards the ones you see doing it, and then contributes to the feeling of not caring about doing it (providing im not caught)

On another angle I'd actually love to see the statistics of how many Guards have penalty points.


Once again I'm not Garda bashing, you get people taking advantage in every walks of life, but I just feel that the frequency I see Guards driving while on the phone is a bit much, and I wonder is there a feeling among them thats its ok for them to do it, is there some loophole that Guards can use their phones while driving for certain circumstances?? If their is well their really milking it

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Why do you have to hide the fact you do it, or more important, why do it? A Bluetooth headset is cheap so there is really no excuse

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Hide the fact I do it because I don't want points

Do it because sometimes I need to use my phone, sometimes business sometimes pleasure

Don't have oem Bluetooth in car, don't really like the idea of putting aftermarket one in

I suppose I could make the same argument for the Garda cars............

I'm not trying to stir up things, I genuinely just find it hard to take that law seriously when the people enforcing it can just keep doing it.

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Originally Posted by Remote

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Originally Posted by Gar

Yes guards on duty are allowed to use their mobile while driving

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Are they only allowed use it for specific police business??

Or does the driver training they receive cover driving while using a phone??

Curious

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No its supposed to be used during official police business when its not safe to talk over the radio

The problem is who is to say wheter the call is business related or not of course they take the piss and use it to ring the missus or whatever unfortunately thats just the way it is

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Originally Posted by Gar

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Originally Posted by Remote

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Originally Posted by Gar

Yes guards on duty are allowed to use their mobile while driving

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Are they only allowed use it for specific police business??

Or does the driver training they receive cover driving while using a phone??

Curious

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No its supposed to be used during official police business when its not safe to talk over the radio

The problem is who is to say wheter the call is business related or not of course they take the p*** and use it to ring the missus or whatever unfortunately thats just the way it is

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They are also excused from wearing seat belts as well :)