Dáil debates
Tuesday, 1 May 2012
Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012 [Seanad]: Second Stage
6:00 pm
Timmy Dooley (Clare, Fianna Fail)
I welcome the opportunity to contribute to the debate on this legislation which, as the Minister of State said, has been in gestation for some time. The previous Government had an active role in establishing the framework for and outline of its provisions. The Bill is a useful instrument in the continued effort to reduce the number of deaths on the roads. It is a regular feature of discussion in this House on road safety that we refer to the ongoing process of putting in place the building blocks of an appropriate legislative basis to deal with issues as they arise. From that point of view, it is important that we continue to evolve the legislation and the public debate and discourse on road safety. International experts point out that efforts in this regard must, of necessity, involve an iterative process and that governments must not sit on their laurels in the belief a particular legislative proposal is an end in itself. While we can add to the body of legislation, we can also continue to generate public debate. It is widely recognised and accepted that the more public debates that take place on road safety, the greater the improvement in driver behaviour will be. When certain initiatives introduced by the Government or external bodies are well publicised and discussed in the media, there is an impact on driver behaviour, as is clear from a tangible metric: the monthly figures for road deaths. RTE played a significant role some years ago when Charlie Bird used to compile an outline of the deaths in a particular month, with names and backgrounds, and the impact the deaths of the people concerned had on their families. That was one of the most striking campaigns involving the media that brought about a realisation in the public mind of the importance of taking care on the road. That led in a significant way to an adjustment in driver behaviour, but it was not enough in itself. I appeal to media organisations to continue their work in highlighting what is going on in this House and the Road Safety Authority in initiating various initiatives. It is only when the issue of road safety enters the consciousness of drivers that there is an effect on their behaviour. The Minister of State has identified many of the changes that have taken place in recent years with the support of all parties. I will not deviate from the good working relationship the House has enjoyed in the last ten years when working to save lives on the roads. We will continue to support sensible provisions and measures brought forward as part of that process. The next stage is identified in the Bill.
The introduction of penalty points was ground-breaking in how it changed driver behaviour. We must continue to look at this issue to ensure the application of sanctions is examined, particularly for drivers from the North of Ireland and outside Ireland. It must be addressed at European level and the Government, because Ireland has done so much to save lives on the roads, should lead that debate in Europe. There is an opportunity for the Minister of State, as we assume the Presidency of the European Union in the first half of next year, to lead a campaign on cross-border road safety issues, particularly penalty points.
How do we deal with trucks from outside the State? Will the provisions of this legislation apply to them? What sanctions will we be able to impose without impounding a vehicle? Drivers from outside the State must not have the opportunity to evade our judicial system. The authorities in other countries are quick to impound trucks and detain drivers from other states. It does not appear to be included in the Bill, but are there other provisions that could be used to deal with this issue?
The introduction of speed cameras has been of great help in changing driver behaviour. The roll-out of mobile cameras last year played a significant role in the continued reduction in the number of fatalities.
I pay tribute to some people who are often overlooked. The Bill makes provision to centralise road safety activities in the Road Safety Authority, but there are those in the local authorities who might feel that is a reflection on them. We must move beyond this and accept that the RSA is the appropriate place in which to centralise these functions. We are not casting aspersions on individual local authorities, but we can do a better job with a centralised authority.
I recognise the tremendous work of the chief executive of the Road Safety Authority who has been a continuous campaigner and hugely successful in reducing the number of deaths on the roads. Mr. Noel Brett, as a public servant, deserves credit from us all for his work. I also recognise the chairman who was recently reappointed by the Government, Mr. Gay Byrne, who led a strong campaign, in addition to the legislative work done in this House, in taking the debate to the wider public and continuing to challenge the behaviour of drivers.
We cannot get away from education and the role it plays in driver behaviour and ultimately in the saving of lives and reducing the costs that accrue from injuries in road accidents. There must be greater involvement by the Department of Education and Skills. We equip our young people for all sorts of life experiences such as examinations and careers, but one of the first things many children want to do before they leave school is learn to drive. Unfortunately, the school system is somewhat redundant in the role it could play in that regard. I am familiar with a number of initiatives around the country that have sought to work with schoolchildren to help them to develop an understanding of and a sense of responsibility for driving skills.
The Bill is clear in its objectives. It came about as a result of a number of serious accidents that have been well publicised. It is important to recognise the statistics. About 20% of all road fatalities involve commercial vehicles. That is a striking figure that shows the need for the legislation. It is also interesting that 48% of all commercial vehicles tested at the side of the road are found to be defective or fall short of the appropriate standards in some way; about 32% of these vehicles are in need of urgent attention. If anyone thinks the legislation is a step too far, he or she should look at the statistics, particularly the potential for death and destruction on the roads.
The Minister of State has also identified an issue that does not affect people until they are caught in a traffic jam. Traffic disruption has an impact on the real economy which must be addressed.
As someone who often traverses the country, I regularly see at the side of the road the outer rims of tyres that have come off trucks. I do not know if that is as a result of remoulding but the practice should be outlawed. I understand the commercial pressures faced by hauliers and businesses, but I have seen these strings of rubber become a nuisance on motorways. Their presence has led to accidents and the issue should be addressed as soon as possible.
Another issues that should be considered is the roll-out of truck stops. There are now motorway stops built as part of the NRA's upgrading of the road network, while other private facilities have been put in place. New stops could be basic; they do not need all the bells and whistles. Driver fatigue is a huge issue that was not addressed by the last or the current Government. I accept that the National Roads Authority indicated in the past that it was cost prohibitive to put in place the sophisticated truck stops it considered necessary. It is also necessary to achieve a critical mass of activity in order for these facilities to be self-financing. Basic rest areas are what is required and they need not even be manned. Drivers must have the capacity to obtain a cup of coffee or boiling water or a glass of cold water and should be able to park their trucks or motor cars for 15 or 20 minutes or perhaps longer. Making such facilities available should form the next part of the Government's approach to road safety.
The Minister of State referred to the introduction of a plastic card driving licence. This is a welcome development which has been in train for some time. He also referred to outsourcing the work in respect of this matter. That is a good idea because it would not be feasible to suggest the various local authorities take responsibility for this work. Has consideration been given to asking the Passport Office to provide this service? The Minister of State will be aware that it has a highly sophisticated back-office system and is well capable of meeting the various standards relating to biometrics, security features, etc. I would have thought it might be the appropriate entity to provide the service. Once responsibility for something as important as the production of driving licences is allowed to move outside the control of the State, there is always an expectation or a belief fraudulent activity might occur.
While the Irish Road Haulage Association is broadly in agreement with the legislation and welcomes the provisions that will ensure a level playing field for all, it has some concerns about owner-operators. I understand approximately 70% of the trucks which operate on our roads are from owner-operator fleets which are not obliged to licence their vehicles. Therefore, the staff of the Road Safety Authority who will be carrying out roadside inspections will not have a clear picture of them because they will not be on the register. Does the Government propose to deal with this matter? Does it intend to impose on owner-operators, particularly those whose fleets exceed a certain number of vehicles, the same requirements as those which apply to others, or does it propose to include these individuals in the licensing regime in order that the database of information on them will be better and more comprehensive?
The necessity to maintain vehicles to a higher standard will have an important ancillary benefit for the motor trade in general. The requirement in this regard will place pressure on those unscrupulous operators who enjoyed an unfair competitive advantage over those in the regulated industry, namely, those who have sought to operate by the book. The position is the same on the rogue element within the road haulage industry that is currently utilising the services of fuel launderers. This is placing those who operate above board at an exceptionally unfair disadvantage. This matter was the subject of some discussion last week and I have no intention of commenting on the merits of the arguments made at that stage. I will state, however, that the sooner the Government can come forward with a suite of measures to put the rogue element to which I refer out of business, the better it will be for those who seek to comply, pay their taxes, operate in a regulated environment and seek to meet the safety standards set down by the State. Removing the rogue element should be to the fore in the Government's approach to this matter and it will be in the context of ensuring vehicles meet the appropriate standards. It is welcome that the Government is going to put in place the necessary regime of rigorous inspections to ensure those in the rogue element to which I refer will not be operating vehicles which are less than satisfactory.
The Government must extend its efforts in this regard into the area of laundered fuel, particularly as its availability is having an impact on hauliers who seek to meet the various standards set down. In addition, it is estimated that the State is losing in the region of approximately €250 million each year as a result of the activities of the rogue element in question which, in turn, is supporting those involved in other criminal activities. That money is badly needed by the Exchequer.
Fianna Fáil supports the Bill and measures it contains. We look forward to its enactment. However, it will be necessary to carry out significant work in order to deal with some of the anomalies. As stated, it will be necessary, sooner rather than later, to address the matter of driver fatigue. I do not accept that it is not commercially possible to deal with this matter. It will be possible to identify appropriate locations that will serve as rest areas and it will not be necessary to spend the type of money required to provide the fine facilities which have already been put in place. What is required are parking areas where people can rest.
There is a need to deal with the issue of laundered fuel at the earliest opportunity. The problem is having a significant impact on the haulage sector. It is forcing those who might otherwise have been compliant and service their trucks on a regular basis out of business or placing them in a position where - against their will - they are taking shortcuts in order to maintain their living and ensure their staff remain in employment. Those to whom I refer would not normally take shortcuts or chances and are law abiding in every other possible respect.
I ask the Minister of State take action to deal with the problems caused by the strips of rubber which come free from the tyres of trucks and are deposited on motorways. Will he also consider how penalty points might be applied to individuals from outside the State?
I do not wish to make a political point, but I feel compelled to do so. I refer to the issue of enforcement. We have referred to the good work being done by the Government and that which was carried out by the previous Administration. However, enforcement is ultimately a way of ensuring compliance with the law. The House can enact all the legislation it wants, but if this cannot be enforced, our efforts will come to naught. The Government's decision to reduce the number of members of the Garda Síochána is going to have a significant impact in the context of the enforcement of the laws of the State. There are many Members, me included, who have ended up on the wrong side of the law in respect of speeding or acquiring penalty points and that is as it should be. Members of the public must know that they are going to be caught if they drive at speed. The putting in place of speed checks has been one of the greatest deterrents to people speeding. It is also one of the major reasons the number of deaths on the roads has decreased to such an extent. I am concerned that the reduction in the number of gardaí envisaged by the Government will make it impossible for the legislation to continue to be enforced. This will have a corrosive effect over time in respect of the good work done to date.
I recognise that this matter does not fall within the Minister of State's remit. However, I encourage him and the Minister, Deputy Leo Varadkar, to continue to fight the battle with the Departments of Justice and Equality and Finance in order to ensure we will not see a return of high numbers of deaths on the roads.
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