Dáil Éireann Debate, Thursday - 26 March 2026
378. Deputy Robert O'Donoghue asked the Minister for Justice, Home Affairs and Migration if there are plans to review current legislation to ensure consistency in how intoxication is assessed across all road users involved in collisions; and if he will make a statement on the matter. [23464/26]
View answerRoad safety is a shared responsibility. The whole of Government response is led by the Department of Transport and is taken very seriously across Government.
As you may be aware the development and implementation of road traffic legislation and policy falls within the remit of my colleague Darragh O'Brien TD, the Minister for Transport.
An Garda Síochána plays a vital role in enforcing road traffic law and in making our roads safer for all road users. Road traffic laws are enforced by Gardaí assigned to Roads Policing and as part of the day-to-day duties of uniformed Gardaí nationwide.
I can inform the Deputy that, under section 9 of the Road Traffic Act, 2010, a Garda can require a person in charge of a “mechanically propelled vehicle” in a public place to provide a preliminary breath/oral fluid specimen where the Garda believes the person has consumed an intoxicant, committed an offence or been involved in a collision or accident causing injury.
Section 10 of that Act enables Gardaí to conduct a Mandatory Intoxicant Testing checkpoint during which a member may stop any “vehicle” and require the driver to provide a preliminary breath/oral fluid specimen.
Under definitions contained in section 3 of the Road Traffic Act 1961, both a bicycle, and an e-bike which complies with criteria of a “pedal cycle” are defined as “vehicles”, for the purposes of sections 9 and 10 of the 2010 Act. Neither, however, fall within the definition of a “mechanically propelled vehicle”.
Consequently, section 9 of the 2010 Act cannot be used to require a bicycle or e-bike user to provide a preliminary breath/oral fluid specimen.
Section 10, however, does apply to a bicycle or e-bike user and users can, therefore, be breathalysed at a Mandatory Intoxicant Testing checkpoint.
An e-bike which is not in compliance with the applicable regulations (that can exceed prescribed speed limitations), may come under the definition of a “mechanically propelled vehicle” and such user may then be subject to a requirement under Section 9 of the Road Traffic Act, 2010.
The Deputy may also wish to note that while bicycle and e-bike users are not currently subject to mandatory testing following a road traffic collision. Under section 6(4) of the 2010 Road Traffic Act a Garda may arrest a cyclist without warrant where the Garda is of the opinion that the person is intoxicated.
