Bill banning handling of mobiles in cars backed

A Fine Gael Private Member's Bill banning motorists from handling mobile phones has been accepted by the Government during a debate over two days.

Minister for Transport Martin Cullen said the measure would be part of the next Road Traffic Bill. "The general scheme of that proposed Bill will be brought to Government for approval in the coming weeks." He added that he intended applying penalty points to the offence.

Fine Gael's transport spokeswoman Olivia Mitchell said the purpose of the "short and uncomplicated" Bill was to make holding a phone by a motorist an offence.

"We do not propose to include a requirement to prove the phone is actually being used. Neither is there an attempt, as in previous efforts to legislate, to ban having the phone or or about the person, on the seat, in the boot, or anywhere else. Proof of an offence will be provided either by way of the evidence of a garda who witnessed the event or a photographic record to support the charge."

Ms Mitchell said there was also provision for an on-the-spot fine of €80, subject to two penalty points on acceptance of the fine.

"Exemptions and defences are also created in the Bill to overcome problems encountered in previous legislative attempts.

"For instance, the emergency services and the Garda would be exempt from its provisions and drivers could also call emergency services on a hand-held mobile in circumstances that constituted a genuine emergency."

Ms Mitchell said the Bill did not seek to ban the use of hands-free mobile phones, bluetooth or even earpieces. "Such use, if made an offence, would be impossible to detect." The evidence of people's eyes could tell them that not only was the practice of using hand-held mobile phones widespread, but that potentially dangerous use, particularly by van and truck drivers, was commonplace and becoming more so.

"It is hardly necessary to highlight the potential damage a heavy vehicle can do when a driver is distracted by a call and not in full control of the vehicle by virtue of the necessity to remove one hand from the steering wheel to hold the phone."

Mr Cullen said while he had serious reservations relating to certain provisions, he would not oppose the Bill at this stage. "In just observing passing traffic . . . you will witness numerous instances of appalling and dangerous driving associated with inappropriate mobile phone use."