Road Traffic Bill 2006 - Fixed Penaly for Drink Driving

quick_legal_q

Hi,
Just came across this forum, wanted to ask a question about the Road Traffic Bill 2006.
According to this webpage the bill was enacted on 6/07/2006.

I have a few questions.
1. Can someone confirm that the bill as linked on the page above (available for download from this link is currently in force.

2. More specifically, can someone confirm that the fixed penalty for 1st offence drink driving where blood alcohol is below 100mg is currently available?

3. Am I correct in thinking that if someone avails of Section 5, referenced above, that while they will be disqualified from driving for a period of 6 months, they will: a) not have any actual convictions & b) will not have any endorsements on their license

Your thoughts appreciated.

seamus

quick_legal_q wrote:

1. Can someone confirm that the bill as linked on the page above (available for download from this link is currently in force.

I can't confirm that the entire bill has enacted, but certainly parts of it have. A legal eagle may know more.

2. More specifically, can someone confirm that the fixed penalty for 1st offence drink driving where blood alcohol is below 100mg is currently available?

If that section of the act is in force, the fixed penalty is €300. If this is paid on time, you receive a 6 month disqualification.

3. Am I correct in thinking that if someone avails of Section 5, referenced above, that while they will be disqualified from driving for a period of 6 months, they will: a) not have any actual convictions & b) will not have any endorsements on their license

A is correct. It is not a conviction. However, b is incorrect. Section 5 Paragraph 10 states that the six month disqualification will be endorsed on your licence.

grumpytrousers

quick_legal_q wrote:

Hi,
Just came across this forum, wanted to ask a question about the Road Traffic Bill 2006.
According to this webpage the bill was enacted on 6/07/2006.

I have a few questions.
1. Can someone confirm that the bill as linked on the page above (available for download from this link is currently in force.

2. More specifically, can someone confirm that the fixed penalty for 1st offence drink driving where blood alcohol is below 100mg is currently available?

3. Am I correct in thinking that if someone avails of Section 5, referenced above, that while they will be disqualified from driving for a period of 6 months, they will: a) not have any actual convictions & b) will not have any endorsements on their license

Your thoughts appreciated.

don't go by bills which are published - you have to go by acts which are passed. start at www.irishstatutebook.ie

any eejit in the dail can have a bill published. many of them frequently do...

*edit* sorry for what may have appeared a wee bit patronising.... www.irishstatutebook.ie only goes up to 2005. the way an act actually becomes 'active' tends to be that a statutory instrument is passed to enable it; in other words there could be an act passed on jan 1 2000 banning the internet and it gets signed into law. until the Statutory instrument comes into force saying the 'Anti Internet Act of 2000 is now effective', it's merely a dustgathering bit of paper.

thus to find what parts of the act are in force, you might have to do a bit of legwork going thru statutory instruments!

seamus

grumpytrousers wrote:

thus to find what parts of the act are in force, you might have to do a bit of legwork going thru statutory instruments!

Legal documents seems to be one of those times when you're better off printing the documents and getting a highlighter to marks the relevant areas

grumpytrousers

it's actually worse, seamus...out of curiousity i did a google for 'statutory instruments 2006' and was pointed to the 'iris oifiguil'. that's fair enough...but then you do a search there for 'road traffic act 2006' which would seem sensible enough, you'd think, and there's no sign of anything...

in theory, information of what the law is, and in what way it is effectively should be easily 'findable'. seems, in the case of the road traffic act 2006, it either isn't findable or aint' come into force. Or that, obv, i should have spent more than 3 minutes trying to find it!!!

maidhc

Here is a start:


SI 457 of 2006 Road Traffic Act 2006 (Part Commencement Section 16(2)(C)) Order 2006
SI 384 of 2006 Road Traffic Act 2006 (Commencement) Order 2006
SI 385 of 2006 Road Traffic Act 2006 (Mobile Phones — Prescribed Numbers) Regulations 2006
SI 444 of 2006 Road Traffic Acts 1961-2006 (Fixed Charge Offence) (Holding Mobile Phone While Driving) Regulations 2006

(taken from a tool I am trying to make work reliably for www.irlii.org)

Victor

One requires the Act, the commencement order and sense not to drink and drive.