S.I. No. 443 of 2006

Road Traffic Act 2002 (Commencement of Certain Provisions relating to Driving while Holding Mobile Phone) Order 2006.

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 26 of the Road Traffic Act 2002 (No. 12 of 2002) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S. I. No. 298 of 2002) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby order as follows:

1.        This Order may be cited as the Road Traffic Act 2002 (Commencement of Certain Provisions relating to Driving while Holding Mobile Phone) Order 2006.

2.        The day fixed as the day on which the following provisions of the Road Traffic Act 2002 (No. 12 of 2002) come into operation is 1 September 2006, that is to say:

(a)      sections 8 and 22, in so far as they apply to an offence under section (3)(3) of the Road Traffic Act 2006 (No. 23 of 2006),

(b)      Part 1 of the First Schedule, in so far as it relates to the offence specified at reference number 18 (inserted by section 16 (2)(c) of the Road Traffic Act 2006 ),

and

(c)      section 25(2), in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Road Traffic Act 1961 (No. 24 of 1961) in respect of the offence specified at that reference number.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order commences certain provisions of the Road Traffic Act 2002 , with effect from 1 September 2006, to apply the penalty point system to the offence (holding a mobile phone while driving a mechanically propelled vehicle) under section 3(3) of the Road Traffic Act 2006 .