Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Select Committee on Transport, Tourism and Sport

Road Traffic Bill 2016 (Seanad): Committee Stage

9:30 am

Photo of Shane RossShane Ross (Dublin Rathdown, Independent) | Oireachtas source

I will address the questions first and then the amendments. Deputy Munster asked about the definition. It is being examined by the Attorney General. It is a bit of a problem. We have a problem with her definition because it is more difficult than we anticipated to define a "housing estate". Apparently, it could be interpreted to include five houses alongside a dual carriageway. We, therefore, have a difficulty, which is an ongoing problem that we are addressing.

I refer to Deputy Murphy's questions. The speed limit will be introduced by way of by-law. I accept her point about the process being convoluted and about delays but the proposal must go through the prescribed public consultation process. Sometimes, that causes a delay but it is thorough. Traffic calming is a matter for the local authority. She is correct that the speed limit will not be introduced automatically. It is up to the local authority. Her comments about the design of roads and self-enforcement are probably outside the scope of the Bill. It is a long-term issue and she is correct that housing estate design should be considered, particularly in the context of speed, and that applies to current estates.

With regard to the amendments, I accept there is a need to control the speed of vehicles in residential areas. I am not opposed to the principle of making provision in legislation for the application of a 20 km/h speed limit. I also wish to ensure the right to apply appropriate speed limits on regional and local roads continues to rest with local authorities. A major practical difficulty with the amendments in respect of a mandatory centrally imposed default speed limit of 20 km/h or 30 km/h relates to the designation of what constitutes a housing estate or, indeed, a residential road within a housing estate. Throughout the country, there is a vast variety of estates of different types, size, configuration, location and population which no single legal definition, including this one, can satisfactorily encapsulate. Many roads in our cities and towns, while having houses located on them, are also substantial routes for traffic, including, but not limited to, rush hour or commuting times. Examples of such include James's Street on the south side and Church Street on the north side of Dublin. How would the proposed definitions apply to such areas?

I am supportive of the Deputy's intention but I do not favour default 20 km/h or 30 km/h speed limits as proposed. By the nature of their definition, they are too discriminatory and do not cover all envisaged residential development scenarios. Elected councillors supported by expert advice from local authority road engineers have statutory responsibility for evaluating varying local conditions and are best placed to decide on the most appropriate special speed limit by-laws and associated traffic calming measures that should apply to any particular road, including residential, under their remit.

My Department's guidelines for setting and managing speed limits reiterate these responsibilities and provide guidance on such. These guidelines encourage the use by local authorities of the special speed limit of 30 km/h in residential areas, accompanied by the introduction of appropriate signage. Other publications such as the traffic management guidelines and the design manual for urban roads and streets also detail the options available to local authorities to facilitate traffic-calming measures and promote reduced vehicle speeds in housing estates and residential areas through modifications to the built environment, modifying road design with traffic islands, interrupted sight lines, pavement displacements, etc., an approach which is equally as important as setting an appropriate residential speed limit. This addresses Deputy Catherine Murphy's point.

Regarding the provision of a 20 km/h special speed limit, I have, in addition to the existing 30 km/h special speed limit available to elected local authority councillors, already made provision for the lower 20 km/h limit in the Bill. Once the Bill is passed by both Houses of the Oireachtas, local authorities will have the option to impose 20 km/h special speed limit by-laws in respect of roads for which such a limit is deemed necessary. My Department continues to support local authorities in implementing speed-reduction measures in residential areas by providing, through the aforementioned publications, detailed advice on the application of special speed limits and appropriate traffic-calming engineering measures, as well as dedicated funding for the provision of appropriate signage in residential areas.

One of the issues of concern raised by the Jake's Legacy campaign relates to the absence of legal powers for local authorities to apply speed limits in residential areas where the relevant roads have not been taken in charge by the authorities. My officials are exploring such a lack of powers with the Attorney General's office to see if a solution can be found that would be suitable for future legislation.

I met the Jake's Legacy group on one occasion. Members of the Oireachtas, my Department and others have responded to this tragedy and to the very worthy campaign in a fairly proactive manner. Some of the measures taken in the Bill are a direct response to that campaign and the tragedy to which it relates. This is one of those measures. It is being put in place in the hope that such events can be prevented and in response to something very traumatic which has happened. That is why the measure is included in the Bill.

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