Dáil Éireann Debate, Thursday - 26 February 2026
264. Deputy Ken O'Flynn asked the Minister for Transport whether any review has been initiated by his Department into the proportionality of mandatory disqualification periods under roadside drug testing legislation where no observable impairment is recorded; and whether amendments to incorporate impairment-based assessment or judicial discretion are under consideration. [16046/26]
Amharc ar fhreagraAs Minister of State with responsibility for International & Road Transport, Logistics, Rail & Ports, I wish to advise that the Road Traffic Act 2010 already provides for two distinct drug driving offences, depending on whether the driver is demonstrably under the influence of an intoxicant to the point that they are incapable of maintaining control of their vehicle.
A driver convicted under Section 5 of that Act, where they are found to have exceeded the legal threshold for heroin, cocaine or cannabis but where no evidence of impairment has been presented to the Court, will receive a substantially shorter disqualification (one year), as compared to the four year minimum disqualification faced by a driver convicted under Section 4, where drug-induced impairment has been established. My Department considers the distinction between these respective penalties to be proportionate to the gravity of the offences, and has no immediate plans to carry out a review.
In response to the second part of the Deputy's question, I can confirm that regulations providing a full statutory basis for roadside impairment testing were introduced in 2014, and 2017, and that members of An Garda Síochána have been trained in the use of this test.
