Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I move amendment No. 7:

In page 16, after line 33, to insert the following:"Amendment of section 87 of Act of 2010 - exemptions for emergency vehicles
18. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:

"(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to-

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or
(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.".

I propose this amendment to replace section 18 of the Bill. The purpose of section 18 is not being changed. It seeks to provide greater clarity in the meaning of the term "ambulance service". At present, the Road Traffic Acts provide exemptions for the emergency services from a number of road traffic restrictions. The Garda Síochána and the fire authorities are clearly defined in law, so there is no confusion there, but the term "ambulance service" is not. In the Bill I have proposed defining an ambulance service as one provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council. What this means in practice is that emergency services are exempt from various traffic and parking provisions, although not from the provisions relating to intoxicated driving, driving without reasonable consideration, careless driving, and dangerous driving, and they will still be obliged to provide breath tests, blood tests or urine samples where required. There are exemptions from certain rules for the Garda Síochána and the fire services. It has been unclear up to now what defines an ambulance service. Deputy Dessie Ellis first raised this issue with me about two years ago. It is difficult to define "ambulance service", but this is the best definition we can suggest, which is that an ambulance service is one provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council. Drivers of such vehicles would be expected to have the driving skills necessary.