And while your at it how about mandatory sentencing for hit and run drivers

I’m for anything that reduces accidents and fatalities, this is a huge grey area that will leave more questions than answers.. Your phone being in use at the time of an accident does not prove that you are guilty of anything, my husband often uses my phone when I’m driving, my phone records would simply show that the phone was in use, it won’t show who was using it.

My calls show up in my logs when I use my hands free

Great idea in theory, but how do they prove that you weren’t using a hands free?

This couldn’t work. While they may prove u were using your phone they would not be able to prove that you were holding it e.g I’ve seen people with phones wedged into the steering wheel and using the loudspeaker function on the phone.

Anything that will remove anti social behaviour on the roads is ok with me.
How about more anti drink drive checkpoints… Or in saying that just more checkpoints in general.
I see pub carparks all jammed between the hours of 17.00 to 20.00 and don’t try to tell me they are all drinking tea !!.
How about people that just have no concept of driving or road safety with no regard to others.
I have a pain in my arse paying through the nose for uninsured,drunk,hit&run drivers and general bad behaviour.

Totally agree with the checking of mobile phones…if you haven’t used your phone before any crash or incident then you have nothing to be charged with…I see people on their phones while driving every single day,even going around roundabouts and they don’t even seem to care…whether its blatant flouting of the law or plain ignorance,I don’t know but it’s still being done

Surprised the Gardai are not able to do this already.

complete hogwash……how are you going to be able to tie down the exact time of the crash? Im looking around my desk at the moment – my watch, phone, mobile and computer all show slightly different times…..so how can they hope to prove that the person hadn’t hung up say 30 secs before the crash while pulled into the side of the road????

More stupid attempts at changing legislation when all they need is to actually go out and enforce the laws that are there – we all see people every day using mobiles while driving so obviously the threat of being caught isn’t high enough.

I think this might be a novel idea on a very high level I do not think the full complexity of the situation is being investigated here for example I have the following comments:

What will be obtained from the phone records?

Will they only obtain records of phone calls made?

How will they check if the person was making a VoIP call using an app and it only shows as data transferred which could technically be from a GPS app on at the same time (yes you can have both working at the same time on the same handset), not only that but what happens if they are using Bluetooth headset at the same time?

Does the use of a Bluetooth class as a hands free kit?

Will they then obtain usage information on the individual handset?

Will they ascertain if data transfer was in progress at the time? Could be any amount of things including streamed music/radio.

Too many holes in this and a knowledgeable learned person might be able to get his/her client off when casting doubt over the interpretation of the law and exploiting poor legislation and the holes in it.

Why not blitz the place with cameras that snap the driver and license plate then do a follow up and issue fine and points through the door? Gardaí themselves are on the fecking phone the whole time too! Are they exempt????

You

About time

2 garda in a squad car just pst us and guess what !!! both on the phones.
Kinda defeats the purpose of “lead by example”

I think before they start looking at drivers’ phone records, they need to just start putting more resources into enforcing the existing law.

When the ban on using a hand-held mobile phone in your car first came into force, drivers seemed to obey it and there were very few drivers seen on mobiles.

However, after a while it all reverted back to normal and I constantly see drivers blabbing away on their mobiles.

Before we go on a data-mining expedition of people’s mobile phone records, perhaps the most logical thing would be a reinvigoration of enforcement?

Stick a few rear-facing cameras in unmarked traffic corps cars, and you’d catch plenty of them in almost any urban area in Ireland.

Also, could you guarantee that the mobile phone records datas and times were perfectly accurate, to the level that they could be taken to court?

and could you rule out the fact that a person could have been using bluetooth or other type of handsfree system in their vehicle? There’s nothing illegal about that, provided they’re not holding the phone.

As such as I would like to agree with this its a massive can of worms when it comes to data protection and the protection of people’s personal information.

Ok given its against the law, unless you have a hands free kit if you were on a phone at the time of the crash then this should affect your ability to claim insurance, but not at the expensive of people’s personal information like phone records being freely available to any Gardai

Yes!

One problem with this is the people that call friends or relatives after they crash…you have to explain the reason for any call you make after an incident…you can never stop people from using mobiles while driving,you can only try to regulate it

Good point by Roy Race how can anyone determine the exact time of the crash, what’s wrong with good old fashioned police work? We all see people on their phones every day so it stands to reason that the Gardai using unmarked cars or bikes could detect people quite easily. Up the fine and points and have the Gardai target this problem in a blitz type campaign (like drink driving) and that should go a long way to making people think twice!

@ Anthony thanks I never knew that

Why not just coccoon drivers altogether ? no radios/cd changers/devices to change channel on, or put volume up or down, no kids in the back seat to distract you either – in fact no passengers to talk to !
We might all be better drivers, if we were taught HOW to use the roads properly, have consideration for other road users and not be so far up our own asses, that we have not the nearest bloody clue as to what is going on around us. It pains me to say it, but we are a nation of CRAP drivers. AFAIK the test hasn’t really changed in 40 years or more – no testing in rain or other adverse conditions – no driving on Motorways – tis a sad joke

Mike I see them at it every day here , law for 1 and not the other.. whats new !

First let the Gardai enforce existing laws.
The case of Detective Keys does not fill me with confidence in their impartiality or ability!

Banning the use of mobile phones by drivers is an impossibility. So, this idea of checking after a crash to see if a driver WAS using their phone (as we do for drinking) seems appropriate, in view of the lives miamed and ended by irresponsible drivers.

Excellent suggestion by a man whose dept has reduced road deaths by 50%. Maybe we should listen to him instead of whining about loss of liberties. Loss of phone would be a good start. Oh, and I NEVER use the phone while driving!!

Enforce existing laws properly instead of wasting time with nonsense like this.

It’s not the fact that you have one hand off the wheel it’s the distraction caused by the call. Ban then completely or shut the fcuk up

Another load of Bolix from a Quango trying to protect it’s budget.

Firstly all we need is some minor civil servant wanting to control more and more including our civil liberties also using a mobile phone in a vehicle is NOT illegal but having it in your hand IS! You may use your phone hands free or hands on if calling emergency services!

The records should be check of people who a caught using a mobile while driving never mind after a crash. The longer they have been on the phone the larger the penalty
I ride a motorcycle and every time someone pulls out in front of me without looking at a junction its a Guy in a Suit with a phone to his ear. Every time someone changes lane without looking and nearly creams me its a woman in a large 4×4 with a phone to her ear.
Why have people who own expensive car not discovered blue tooth yet?
One more question I am still wondering what the wave of the hand with the phone in it is supposed to mean after the driver has nearly killed ??

We don’t need to go down the road of having private phone records checked, but I don’t see a problem Gardai checking a mobile phone call log to see if it was just used or erased If the log has been erased then they should have the legal right to access personal records in the event of a fatal road accident or a serious road accident

and this clown is the Head of the RSA? Bloody hell it’s so badly thought out it’s beyond belief. What is the “notoriously difficult thing to detect” he is talking about – i can normally detect phone use quite easily – a person will have a phone close to their earhole while driving……jebus!

Bring it on. And introduce a process by which the Gardai can release information publicly regarding the amount of alcohol etc, if any, had been consumed by anyone involved in a car accident if they were in control of said vehicle. This should be a matter of course

What happens if you’re a doctor/ solicitor/ diplomat with confidentiality agreements to consider? You could be the innocent victim of a drunk driver, your records are checked and then potentially sensitive information on your work phone or tablet is seen by an unauthorized person. You could lose your license to practice your profession, or government data could wind up in the mail the day after. The negative consequences of these laws should always be examined before writing. At the minute the govt seem to be taking a headline grabbing approach to national issues to cover up the fact that existing powers aren’t being resourced. Just put the Traffic Corps out on the road. job done.

For accidents that result in serious injury or death it can be done under existing legislation as it is evidence in relation to an arrestable offence.

For material damage accidents the insurance companies sort out liability so i see no reason why the Gardaí should be collecting evidence for them.

How is checking ‘phone records going to prevent accidents or add to road safety?

WE have just lost our car to a woman writing it off at a roundabout..nothing was checked by Gardai they didnt even breathelize her!! When i questioned the gardai they had done nothing at scene except talk to the drivers..My other half is in docs now very sore due to this accident and i was told by gards that i would be done for slander cause i asked the question did u breathelize/? did u check to see if she was on a moblie phone?? Was she speeding???? etc..valid questions i wanted answers too and i got told i could have u done for slander..my answer was go right ahead im only asking legitimate questions u cant answer!..so I agree this mobile phone rule should be allowed.!!

Today I saw a woman stopped in her car at a junction, smack in the middle of the road smoking a cigarette and checking her mobile phone! She was in no rush to move off until another driver came up behind her. I was so tempted to take a photo of her and post it on Facebook!

RSA needs a complete change of staff it’s more than just silly to make such a suggestion.

Its an excellent suggestion…..Records for the hour before the accident/incident would be more than enough.I would think that the records for calls and internet activity would help a great deal in Garda investigations and would certainly influence peoples decision to use a phone while driving, I would hope.

Gross violation of privacy rights. If its that important let them provide reasonable evidence of a crime and obtain a search warrant…

Looks like Garda Johnny got out of the wrong side of his sargent this morning…
Anyway to answer one of your caustic posts “yes” I do use my phone all the time but I have the cop on to have bluetooth connected all the time and I use it all the time.
Garda and truck drivers are no better than any other driver on the road that has passed a test and uses a bit of sense .
Fact… In a lot of accidents a phone is found and the driver was texting.

The country must be broken as never before in the history of this country has a Government Agency come up with a good idea until now!

This type of thing is presently done as a matter of course in the US. Further, insurance companies include this as a part of the contracts signed by insurers. A car accident reconstruction and autopsy is completed to some degree in all cases. In cities and states where it is deemed illegal to drive while phoning, the investigation includes phone review. Where it is not, the insurance company requires it. If the insurance company can’t access this information, then they have the right to reject a car related insurance claim.

It’s only fair!