Oireachtas Joint and Select Committees

Wednesday, 6 May 2015

Joint Oireachtas Committee on Transport and Communications

General Scheme of Road Traffic Bill 2015: Discussion (Resumed)

12:00 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

I thank the assistant commissioner and the Irish Road Haulage Association for their presentations. This is probably the one issue that seems to be very contentious. Many issues arise over the considerable emphasis being placed on the employer in the Bill in terms of carrying out tests. It is very difficult because prescription drugs are included. A person could test positive for prescription drugs. Will this make an employer responsible for someone who is taking prescription drugs that are believed to be acceptable? It is a very difficult matter. Even with cocaine, an employer may not see the physical effect.

Some people can take cocaine yet work as normal. In comparison, when a person takes a drink one can see a difference in their demeanour. There are serious issues for employers and employers' rights if we insist on inspections being conducted on a regular basis. The initiative could be problematic because employees could change from one vehicle to another or be asked to use another vehicle at short notice.

I am not sure how we will tackle all of these issues when the legislation reaches us. Concerns have been raised by other groups, not by the delegations present, that have been in here in regard to this matter. As has been said, if an employer deems that someone has a problem then counselling must be sought, etc. That is a big issue, especially for people who work on their own as drivers-owner operators.

The difficulties associated with roadworthiness certificates have been mentioned. For a long time the issue of people having to pay road tax, etc. on vehicles that are off the road due to the cessation of seasonal work, a lack of business or otherwise has been debated. I would like this area examined.

A drug testing initiative has been in operation since November 2014. Are we satisfied that we have the correct equipment? Has it been sourced properly? For a while there have been question marks over the type of equipment used to detect drugs. In my opinion, there is a wider range of drugs available than we realise and a hell of a lot of prescription drugs are being used. The number of road deaths increased for a while but it is now starting to decrease. However, I suspect that some drug-related deaths have gone undetected and it is important we look at the matter.

The Bill also refers to the establishment of a register of written-off vehicles. In the past there was a problem with company cars making their way back on to the streets and, therefore, it is important that a register is enforced. Will we have the resources to compile a register? I worry that we will not.

The issue of penalty points applying to the owner of a vehicle and not the driver was raised. A problem could arise where a person moves from one vehicle to another. In that instance, how does one blame the driver if a problem arises with a vehicle? Someone could change into another vehicle at short notice. How can one put the blame on the driver as opposed to the owner in that instance? I ask the delegations to elaborate on the matter.

My final comment is on the proposed 20 km/h speed limit in housing estates. Does the Garda agree that such a limit would be useful in certain circumstances? Would it be difficult to enforce?

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