HC Deb 18 February 1980 vol 979 cc36-8W
Mr. J. Enoch Powell

asked the Secretary of State for Northern Ireland if he will list any substantial divergencies of road traffic law in Northern Ireland from that in Great Britain which would remain after enactment of the proposals in his consultative document on drinking and driving (a) in respect of drinking and driving and (b) in other respects.

Mr. Goodhart

If the law is changed in Northern Ireland as set out in the consultative document "Drinking and Driving in Northern Ireland", and in Great Britain as set out in the consultative document on drink and driving published by the Department of Transport

Northern Ireland Great Britain
Breath Analysis:
Where breath analysis indicates a blood alcohol content in excess of 80 mg of alcohol in 100 ml of blood, or its equivalent breath alcohol concentration, suspects will have the right to have that evidence discounted and offer instead a blood sample for analysis. Suspects will retain the right to offer a blood sample for test but will be required to exercise their option before taking an evidential breath test.
Breath Tests:
These will be given at a nearby police station or at a roadside mobile accident prevention unit. The instrument used will be an Alcolmeter approved by statutory rule made by the Department of the Environment for Northern Ireland. A roadside screening test will be given to suspects using the Alcotest device. If this screening test is positive, suspects will then be brought to a nearby police station for an evidential breath test.
Offences:
(i) These will normally be dealt with summarily, but some serious offences will continue to be dealt with on indictment at the discretion of the prosecution. (i) Drinking and driving offences are and will remain summary offences.
(ii) First offences will involve mandatory disqualification for a minimum period of 12 months; second offences committed within 10 years, a minimum mandatory disqualification of five years; and third or subsequent offences committed within 10 years, a minimum mandatory disqualification of 10 years. (ii) First offences will involve a minimum mandatory disqualification of 12 months. "High risk" offenders—defined as persons convicted twice in 10 years, or with a breath alcohol concentration above 200 mg of alcohol in 100 ml of blood—will be liable to a minimum mandatory disqualification of three years and a further unlimited disqualification at the discretion of the court.
(iii) There will be no special procedure for "high risk" offenders. (iii) If practicable, there would be a special procedure for the re-issuing of licences to "high risk" offenders.

The other substantial divergencies in the road traffic laws are as follows:

Northern Ireland Great Britain
Driving Licences:
Licences are currently valid for three years. Legislation exists for this to be extended to 10 years. Licences require a photograph. Licences are normally valid to age 70. No photograph is required.
Restricted Drivers Scheme:
Vehicles being driven by newly qualified drivers must display a distinguishing mark and limit their speed to 45 m.p.h. No corresponding scheme exists.
Disqualification:
(i) Courts may limit disqualification from driving motor vehicles to the same class as the vehicle in which an offence was committed. No limited disqualification powers exist.
(ii) No "special reasons" provision. In relation to offences involving obligatory disqualification, courts may for "special reasons" decide not to order disqualification.
(iii) No "toting-up" provision. In relation to certain offences involving the endorsement of a licence where there have been not less than two convictions within the preceding three years, courts must order disqualification unless satisfied that there are mitigating grounds.
Driving disability:
Licence applicants are not required to declare whether they suffer from a "progressive" disability. Licence applicants must declare whether they are suffering from a "prospective" disability, that is, a disability (i) which by virtue of its intermittent or progressive nature may bar the applicant from driving or (ii) is likely to cause a vehicle driven by the applicant to be a source of danger to the public.
Vehicle Testing:
Private cars over seven years old are tested at Department of the Environment testing stations. Private cars over three years old are tested at authorised garages.

last December, there will be the following substantial differences in drink and driving law between Northern Ireland and Great Britain: