Gardai are unable to prosecute drivers caught FaceTiming friends or watching videos on their phones behind the wheel due to Ireland’s road traffic laws, a senior officer confirmed yesterday.
Assistant Commissioner Paula Hilman, who is in charge of roads policing, told a meeting of the Policing Authority that no offence was committed if motorists were watching their phones – but were not holding them. She explained motorists could only be prosecuted if they were caught holding their phones, reports the Irish Mirror.
AC Hilman said: “The offence is holding a mobile phone; what we’re seeing now is people watching, having FaceTime messages and calls, and people watching sport.
“There’s no offence of distracted driving so that is something we’ve raised at our partnership meetings because the offence is holding the mobile phone.”
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She added gardai had raised the issue with state bodies - including the Department of Justice.
However, Transport Consultant Conor Faughnan told Newstalk that anyone watching a video while driving could still find themselves in court. He said: “Watching a video on your device while it is hands-free is a bit ambiguous on law.
“It is not an immediate penalty point offence because you’re not holding it in your hand; however, you could readily be prosecuted for driving without due care and attention or even for dangerous driving. Now that is more difficult for a guard to do; they have to take you to court but make no mistake as a driver, as a behaviour it is illegal.
“You shouldn’t do it and you could well be prosecuted." Drivers caught holding a mobile phone or sending text messages can get a fixed charge notice of €120 and three penalty points. On conviction in court, you will get five penalty points and a fine of up to €2,000.
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