Liam Twomey (Wexford, Fine Gael)

The legislation deals with the system of oversight of two separate matters, namely, driving licences and the roadworthiness of commercial vehicles, both of which I intend to discuss. The Bill provides that the Road Safety Authority will have operational oversight and a policy advisory role in regard to driving licences. One of the key conditions of a common European licence is a requirement to meet minimum standards of physical and mental fitness to drive. However, the existing regulations in this regard are not very clear. We are all aware of the restrictions that apply to sufferers of neurological conditions such as epilepsy - where fits can impair one's ability to drive - such that they are required not to operate a motor vehicle for at least 12 months after an attack. However, there are other conditions which have less well known implications for sufferers who wish to drive. For instance, a constituent of mine who has diabetes was involved in a fatal accident more than five years ago following a blackout. No doctor will pass her fit to drive even though she has had no similar experience in the interim. The irony is that if she had admitted to a charge of dangerous driving on that occasion, she would now be back behind the wheel. The problem is that doctors are afraid to identify her as fit to drive in case something similar happens, even though the risk of that is very low.

The difficulty in this regard can be found in the relevant regulations. We should take the opportunity presented by this legislation to clarify the regulations in regard to medical conditions which may indicate that a person should not be permitted to drive. There are many people in this country with high-risk cardiovascular conditions and diabetes, for example, who are facing a double-edged sword. If such a person is involved in an accident, he or she may be discriminated against but, at the same time, he or she can also, under the current regulations, pass under the radar until such time as an accident occurs. That is not a good way to proceed in respect of these matters. The regulations are not sufficiently tight for a doctor to risk censure by making a determination as to whether a person should or should not be permitted to drive. By the same token, there are many doctors certifying patients as fit to drive because the regulations are too weak to support another conclusion. We have talked about vehicle roadworthiness and people being brought up to date with the standards while simultaneously taking a very laissez-faire attitude in respect of the medical fitness of drivers, even against a background where appropriate legislative provision has been made to prevent people from driving under the influence of alcohol or drugs. The existing regulations discriminate against some patients with certain physical or mental illnesses who are involved in a minor or major accident, but we are not in a position to take action in respect of others who might be best prevented from driving. Every doctor must be very careful in making a recommendation that a person be put off the road for medical reasons, because that recommendation will have such a massive impact on the person's life. At the same time, where a person with one of several medical conditions is involved in an accident, it is subsequently very difficult to get him or her back on the road because the regulations offer no protection in that respect.

In regard to the provisions relating to commercial vehicle roadworthiness, many speakers referred to the need for standardisation throughout the country. There is an opportunity here to review the entire system for dealing with commercial vehicles. For example, there should be a separate roadworthiness certificate for the tractor and trailer units of such vehicles, as well as a separate motor taxation requirement for each. I have received several representations from commercial vehicle operators pointing out the difficulties arising from the way in which tractor units are taxed, which is not always representative of the type of trailer unit that is generally attached. This issue must be addressed.

Commentators have observed that the main problem with the current system is that limited roadside enforcement by the Garda and other agents has contributed to an environment where a significant number of commercial vehicle operators are lax when it comes to ensuring the roadworthiness of their vehicles. However, a number of operators in the Wexford area have complained to me that the gardaí operating there are very effective in enforcing the legislation and that this is causing people to divert from Rosslare Europort to Dublin Port or even to Northern Ireland in the expectation that enforcement in those locations will be less rigorous. This presentation of the situation is anecdotal and may not be generally accurate. Nevertheless, it is vital to ensure the rules are enforced in a uniform way across the country and that all Garda divisions have adequate resources for that purpose. Inconsistent enforcement in different parts of the country has an overall impact on operators' costs and an implication for competitiveness where some operators are spending less on maintenance in the expectation of meeting less rigorous enforcement in particular ports.

Will the Minister of State indicate how many test centres will be in operation when the system is up and running? There are currently 150 or so, while the corresponding figure for Britain is only 70. To be more comparable with our neighbours we should have less than 20, which would amount to a huge reduction in the current complement. The Department's regulatory impact review notes that industry representatives have pointed to commercial pressures leading some operatives to cut corners in terms of vehicle maintenance and compliance with the required standards. We must have a standardised system throughout the State in order that everybody is impacted to the same degree.

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