Mr. Jonathan Molony:

The Irish Road Haulage Association, IRHA, as Ireland's largest Government-recognised road transport representative body, is committed to tackling head-on the issues affecting its industry. It seeks to build the future of the Irish road transport industry by developing and promoting industry standards, facilitating road transport operator education and training, educating end-users and securing an equitable business environment.

While the contents of a general scheme of a road traffic Bill 2015 are wide ranging, there are a number of specific elements on which the IRHA wishes to provide industry opinion.

The first is the employer responsibility to test for intoxicants. The IRHA is not supportive of this proposal in its current guise. Such a measure will present a significant level of burden and cost on an already hard-pressed haulage industry. The IRHA is not condoning drink-drug driving but a greater level of enforcement in this area from An Garda Síochána, where the core competency lies, would be preferred. The IRHA fears that this proposal has not been thoroughly considered by the Department of Transport, Tourism and Sport in terms of the administrative and cost impact on the sector where the majority of licenceholders are owner operators. It is envisaged that these measures will not affect small business but this claim is not substantiated. Counselling services, disciplinary procedures and an appeals process will have to be put in place by a haulage operator which will place significant operational strain on a licensed haulage company.

On the matter of the second aspect, intoxicated driving, the IRHA supports all of the proposed measures to provide for enforcement in respect of a prohibition on driving or being in charge of a mechanically propelled vehicle while under the influence of an intoxicant. We welcome the expansion of the functions of the Medical Bureau of Road Safety. The IRHA supports the introduction of mandatory intoxicant testing which will mirror the established procedures for mandatory roadside testing for alcohol. The association believes that the penalties for drug driving are sufficient and should ultimately act as an effective deterrent to such irresponsible behaviour.

With regard to the third aspect, penalty points, it is proposed that the offence of failure to have a certificate of roadworthiness would become a fixed-charge offence. The IRHA objects to this proposal given the extraordinary difficulties experienced by IRHA members since the introduction of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 in regard to the testing of equipment, in particular, articulated trailers. The association considers this proposal to be disingenuous given haulage operators are not receiving a 12-month test certificate from the date of the test while still meeting increased commercial vehicle test fees. There has also been a failure to cater for equipment genuinely off the road due to a lack of operational or seasonal demand. The allocation of penalty points in this area of road transport must apply to the owner of the equipment, not the driver. It would be normal practice for a driver to draw several different trailers during the course of the day, many of which may not be owned by him or the company on behalf of which he works. Until the above issues are resolved, the IRHA is vehemently opposed to the progression of this particular element.

The fourth aspect is the restriction on the use of electronic communication devices while driving.

The restriction on the use of electronic devices to send or read text messages, use smartphone apps, connect to the Internet or access social media while driving a mechanically propelled vehicle on a public road is fully supported by the Irish Road Haulage Association, IRHA, and, therefore, the licensed road transport industry.

The section on the mutual recognition of driving disqualifications which provides for an agreement between Ireland and the United Kingdom in applying driving disqualifications for a number of specific serious road traffic offences committed by persons normally resident in or holding a driving licence from one state where the offence was committed in the other state is welcomed and fully supported by the IRHA. Such a bilateral agreement with the United Kingdom is a positive development and the association encourages the fostering of similar close links, where appropriate.

Regarding the sharing of insurance information by insurers, the amendment to section 78A of the Road Traffic Act 1961 requiring insurers to provide for the Minister, An Garda Síochána and the Motor Insurers Bureau of Ireland, MIBI, details of new policies issued and existing policies cancelled receives a guarded welcome from the IRHA. If the amendment results in greater scrutiny and enforcement of unlicensed, unscrupulous operators within the industry, it will have a positive influence on the collective supply chain. However, if scrutiny only continues of operators within the Department of Transport, Tourism and Sport's road haulage licensing net, it will fail to have a collective beneficial effect on tax compliant licensed operators within the sector.