Confusion over impact of rules on provisional licences

 There was confusion last night about the likely impact of the new regulations on drivers with provisional licences, with the Minister for Transport, Noel Dempsey, appearing to be at odds with the Garda over the implementation of the system. Stephen Collins , Conor Lally and David Labanyi report.

Responding to intense public anger at the planned clampdown, Mr Dempsey said the Garda authorities would take a "proportionate" and "common sense" approach to implementing the regulations for two or three months.

A statement yesterday afternoon from Garda headquarters appeared to contradict Mr Dempsey's assertion, saying gardaí would "fully enforce the laws in relation to this area". The statement added that gardaí would "where appropriate issue a caution/warning, notice or prosecution".

However, reliable senior Garda sources said later yesterday that in reality, gardaí would operate a three-month grace period. "If a driver is stopped and driving alone is the only offence, it will mean a caution," said one source.

Other Garda sources said the force had been put in a very difficult position, adding that if the Government did not want the new rules enforced for three months they should have waited until then to introduce them.

In a statement last night, Mr Dempsey attempted to defuse the controversy, but the Opposition parties have accused him of "making an ass of the law". The Minister, in his statement, said that - conscious of the widespread concern among holders of provisional licences that from Tuesday next driving while unaccompanied would lead to prosecution - he had discussed the issue with the Road Safety Authority (RSA) and the Garda authorities.

"The Minister understands that the gardaí will approach each case using discretion and common sense as opposed to automatic prosecution. The Minister believes that sensible Garda enforcement of that type will mean that for an initial period of a few months, Garda efforts in the main will be aimed at cautioning and advising unaccompanied drivers of the new legal requirements."

The statement also said the Insurance Federation had confirmed that the change in law affecting second provisional licence holders did not change their insurance status.

The chairman of the Road Safety Authority Gay Byrne told The Irish Times that "quite clearly there has been a backlash from TDs, who are also getting a backlash, and the Minister is alleviating the hysteria that we will all be jailed by next Wednesday". Mr Byrne said the discretionary approach being taken by gardaí was sensible and setting a date of midnight on Monday was a good idea as it would "give drivers a warning".

The Green Party transport spokesman, Ciaran Cuffe, cautioned against introducing measures that would be too quick in preventing provisional licence holders from driving without an experienced full licence holder.

"Due to the serious backlog in driver testing, learner drivers are forced to wait months for a test. Whilst improvements have been made in reducing test waiting times nationwide, a considerable lag in some testing centres still applies and I feel bringing in these measures to take effect from Tuesday is unnecessarily hasty," he said.

The Fianna Fáil TD and former minister, Mary O'Rourke, also called for the implementation of the regulations to be delayed. "There's mayhem. And mostly I'm hearing from mums who bring children to handicapped schools, schools which are catering for young children with a disability."

The Fine Gael spokesman on road safety, Shane McEntee, said Mr Dempsey was creating a situation where he was, in practice, encouraging drivers to break the law and in process putting gardaí into an impossible position.

Labour transport spokesman, Tommy Broughan, said with the contradictory statements from the Minister and the Garda the situation had degenerated into an absolute farce.