Jimmy Deenihan (Kerry North, Fine Gael)

Last Wednesday, the National Roads Authority published findings which show the majority of motorists still recklessly break speed limits and ignore the risk of penalty points. Statistics from the survey are quite worrying. More than 85% of heavy trucks speed on motorways, 60% on dual carriageways and 73% on normal main roads. A total of 86% of cars speed in 30 mph zones in urban arterial areas and 75% in 40 mph zones. An alarming 98% of cars and 92% of heavy goods vehicles and articulated trucks speed on main urban roads to which a speed limit of 30 mph applies. The survey also found speeds have increased on motorways and county roads. Average speeds on back roads, where drivers have not yet been constrained by bends, weather and traffic conditions, also increased from 44 mph two years ago to 48 mph last year. Some 86% of cars break the speed limit in 30 mph zones in urban arterial zones, 75% in 40 mph zones, and 30% of all car drivers break the speed limit on main roads. The number of heavy duty trucks and cars that break speed limits despite the clampdown and penalty points system is alarming.

The main provisions of the Bill deal with seven types of speed limit, which will be in kilometres instead of miles. Ordinary speed limits will be fixed by regulation, therefore it is important new regulations are brought in at the same time as the Act. Perhaps officials would clarify this, otherwise there will be much confusion.

It is a retrograde step to increase the 30 mph speed limit to 50 km/h, which is 32.5 mph. People will be inclined to calculate in miles per hour over the next few years. It might lead to confusion when they see a sign stating a speed limit of 50 km/h. A speed limit of 40 km/h would be more appropriate.

There will be an 80 km/h, or 50 mph, speed limit on regional and local roads. This will be difficult to enforce. If I travel on the N69 from Tarbert to Listowel, I can drive at 100 km/h, or 62.5 mph. I then go on to the regional road between Listowel and Ballybunion where I can only drive at 50 mph. This will cause much confusion, and will be difficult to enforce. National roads will have a speed limit of 100 km/h, or 62.5 mph. A limit of 90 mph might be more appropriate in the present circumstances.

The speed limit on motorways will increase to 120 km/h, which is approximately 75 mph. The Minister should, for at least the first year, have the power of discretion to vary this limit to enable drivers adjust their thinking. Such a measure is not contained in this particular section of the Bill.

It is hugely important that signs are clear. Perhaps flashing lights are necessary for drivers approaching and leaving built-up areas. Repeater signs could also be installed. Tourists as well as locals must grasp the change. There may be some difficulties for UK and Northern Ireland visitors who will find the system different. Perhaps the Minister will clarify whether the same changes are taking place in Northern Ireland. Change should happen in tandem in both jurisdictions.

Any outsourcing agreement should be brought before the Dáil so that powers given to contractors are scrutinised. There have been considerable difficulties with a number of wheel clamping contractors and the public must be protected from the abuse of power by this quasi-police force. As a number of people have had major difficulties with clamping contractors, when we outsource, as is provided for in this section, we must be careful that contracts are properly scrutinised.

The Bill also amends technical aspects of existing legislation regarding penalty points. The position regarding hand-held speed cameras needs to be clarified. According to reports of District Court judgments, there appears to be an unwillingness to convict where printouts are not available. Perhaps the Minister will examine the position regarding hand-held speed cameras and avail of the opportunity afforded him to clarify the position in the Bill.

Section 24 is a necessary provision relating to the supply of mechanically propelled vehicles to minors. I am concerned as to how a dealer is supposed to ascertain the age of a young person. Perhaps a similar provision could be added to that in the Intoxicating Liquor Act to enable this potentially useful section to be properly enforced. Will the Minister clarify the issue of what provision will be made in the section for the identification of the age of minors? What measures will be introduced to ensure that young people will provide identification to prove their age?

The Bill will add to the large body of Acts, which somebody referred to as "the jungle of Acts", on road traffic legislation. The Bill adds new sections to those in existing legislation. It refers to nine Acts of which seven are strictly within the road traffic code. It does not refer to four other Road Traffic Acts, which amend the principal Act of 1961. The 1961 Act will also be amended by, this Bill, which is the 12th Act in the road traffic code. The 1961 Act was also amended by regulations made under the European Communities legislation. Much EC legislation has in reality overruled part of the 1961 Act. The myriad statutory instruments under these Acts, adds to the state of confusion. At a time when at least one person per day is killed and ten people are seriously injured on Irish roads the Legislature should not add to the confusion, yet we appear to be allowing the confusion to continue.

As the main enforcers of the law, the Garda is not supplied — I stand to be corrected — with any modern textbook on traffic legislation. Circulars are received and must be absorbed by the Garda. In most cases these are inadequate. I am aware of one particular book on road traffic legislation, which contains 140 pages. It is very difficult for gardaí to understand and implement the totality of road traffic legislation in order to execute a successful prosecution. Ministers should simplify and summarise traffic legislation for the Garda so as to facilitate it in making convictions. It can be difficult for the Garda to get convictions when faced with a judge and defending barrister because of the complexity of traffic legislation. I look forward to a response on these points from the Minister in his reply. As previous speakers said, it is time for the introduction of a new, reforming and consolidating Act incorporating all existing traffic legislation of domestic and European origin.

I especially welcome section 26, which amends the Taxi Regulation Act. It emerged recently that 20% of taxi drivers in Dublin had criminal convictions, which is very worrying for users, both locals and tourists. Tourists depend heavily on the advice of taxi drivers in terms of getting around the city. It can also be confusing for Irish people to get around the city because of one-way streets and so on. It is most important that taxi drivers are dependable, highly principled and responsible people. This section is very welcome in ensuring a high quality taxi service in which people have confidence.

Although the point does not directly relate to the Bill, I agree with Deputy Stanton regarding cycle paths and walk ways. We now have a high standard of road network across the country. Some of the finest roads in Europe are being built here at the moment and we should avail of the opportunity to provide proper cycle paths along the sides of these roads. There has been a benefit in this regard on the road from Killarney to the county bounds, which is extensively used by cyclists during the summer. Because of their width these roads are very safe and the surface on them is much better than county or regional roads. We have an ideal opportunity to encourage people to exercise. I accept that not everybody can benefit from such roads if they are not in proximity to them, however, people living adjacent to them should be encouraged to use them. Cycle paths need to be clearly marked out. Walkways should also be encouraged, especially around urban areas where speed limits should be properly enforced.

In this case, people walking in rural areas, on town bypasses and ring roads could feel more confident and safe. I welcome the Bill and look forward to my questions being addressed when the Minister responds.

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