Phone a friend?

Former Junior Minister Bobby Molloy's ban on the use of hand-held mobile phones while driving may have been poorly thought out but it is an honest attempt to legislate against a widespread and dangerous practice. John Loughran cautions against throwing 'the baby out with the bath water'.

Cynics and opposition politicians were quick to criticise Bobby Molloy when he introduced new legislation through a ministerial order that outlaws the use of hand-held mobile phones while driving. The legislation was branded a meek effort to be seen to be doing something about road safety in an election year.

The very fact that the legislation was introduced by ministerial order rather than by primary legislation smacks of haste and panic. It could be claimed with reasonable justification that the legislation should have been included in the Road Traffic Bill 2000 rather than being introduced on the eve of an election by ministerial order. After all the Road Traffic Bill has been floating round for the best part of 18 months and it wouldn't have taken too much effort to include the legislation in the original document.

According to one leading barrister, it is unusual to introduce what is effectively a new offence through a statutory instrument attached to primary legislation though it is legally permissible. The barrister pointed out one anomaly in the legislation. He said the legislation appeared to allow the use of mobile phones to play games, which take the full attention of the user, or to play music.

He also pointed out that drivers would only be permitted to use hand-held phones when legallyparked. The regulations stated that "parked,” meant stopped in a way that was not an offence under the Road Traffic Act.
The Labour Party spokesman on Environment, Eamon Gilmore, urged the Junior Minister to withdraw the regulations and to "return to the drawing board.” He said, "controls on the use of mobile phones by those driving cars are a necessary precaution, but it is clear that Minister Molloy, in his haste to be seen to be doing something about road safety, has made a total mess of this issue."

Fine Gael's spokesman on Road Denis Naughten was also critical of the Junior Minister. He accused him of rushing through ambiguous regulations without consulting with the Gardaí. He also said it was a mistake to include the emergency services in the ban and claimed that lives could be put at risk as a result.
"The Department of Environment has confirmed that it will now be illegal to have a mobile phone in your pocket while in the car but perfectly legal to have it on the seat or in the glove compartment beside you. The measure used to implement this law is farcical," the Longford/Roscommon TD stated.

In defence of the former Junior Minister, there was only anecdotal evidence to suggest that the practice of using a hand-help mobile while driving contributed to road fatalities.

Hard facts in the form of studies or reports were thin on the ground when the Road Traffic Bill was being initially drafted.
Just days after Bobby Molloy announced the new regulations, a report conducted by the well respected UK-based Transport Research Authority claimed that driving while using a hand-held mobile was more dangerous than driving while slightly over the drink-drive limit.

The report found that the reactions of the mobile phone user were 30 per cent slower than when they were tested just over the drink-drive limit.
A sample group of 20 experienced drivers, a mixture of men and women in the 21 to 45 age group, were used in the study. Each took turns in driving a simulator and covered a seven-minute journey.
The new regulations, bring the Republic into line with many European countries, Australia and some states in the US which now have bans on the use of hand held phones while driving.

Recent research compiled for the Government's High Level Group on Road Safety, which recommended the new regulations, indicates that only Portugal, among European countries, also has a ban on the use of hands free kits in cars.
The High Level Group concluded that best practice was not to move to an outright ban on the use of mobile phones by drivers at this stage.

Motorists caught using a hand held mobile phone while driving face a fine of up to euro 435, a possible jail sentence for repeat offenders, and a six months driving ban. The new fine and jail term were introduced to coincide with the new regulations. The six months driving ban is tied into the penalty points system and will be introduced in the Dail at the next stage of the Road Traffic Bill.

For the regulations to make a lasting contribution towards road safety, the Garda’ need to put a stringent enforcement regime in place and importantly, drivers need to refrain from the habit of making and talking calls on their hand-held mobiles while driving.

The "acid test" for the legislation will come in the months ahead. From a road safety perspective, let us hope the feedback is positive.