Alan Kelly (Tipperary North, Labour) | Oireachtas source

I thank Deputy Ann Phelan for raising this important issue. I know it is of concern to her as she has spoken to me about it privately.

The poor fitting of replacement vehicle windscreens is currently a consumer affairs matter relating to the delivery of a service, for which the Minister for Transport, Tourism and Sport has no functional responsibility. However, if there are apparent flaws in the manner in which replacement windscreens are fitted, I believe the issue would best be addressed by agreement among all interested parties to improved training standards for windscreen replacement and by adopting an industry-wide operational code of practice, which I believe the Deputy would welcome. Such agreement would necessitate a combined collaborative approach between the windscreen-replacement industry, vehicle manufactures and insurers within the Irish market in coming together to agree standards and the sanctioning of the installation of replacement vehicle windscreens by reputable well-trained windscreen replacement technicians only.

With regard to legislative provisions relating to the service and-or repair of a vehicle, I am advised that at present there is no specific legislation governing windscreen repair and fitting companies, individuals or indeed the standard of workmanship for fitting or repair of windscreens. However, there are regulations regarding the quality and fitness for purpose of a vehicle and of a vehicle component, and the standard of a service provided or performed in respect of a vehicle or of a vehicle component. For example, the Sale of Goods Act 1893, as amended, provides that a good, which would include a windscreen, sold in the course of business must be of merchantable quality and must be reasonably fit for the purpose for which it was intended and that a service, including a service or the repair of a vehicle, is subject to four requirements. These include that the supplier has the necessary skill to render the service; the person supplying the service will do so with due skill, care and diligence; where materials are used, they will be sound and reasonably fit for the purpose for which they are required; and where goods are supplied under the contract, they will be of merchantable quality.

The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, SI 190 of 1963, as amended, requires windscreens to be made from a suitable material that is clear, stable and will not splinter if fractured and that is either safety or laminated glass. Additionally, the European Communities (Road Vehicles: Entry into Service) Regulations 2009 require replacement windscreens for European approved vehicles to be of the same standard and specification as the original windscreen fitted when the vehicle was manufactured. Compliance with this legislation is checked at the vehicle's periodic roadworthiness test when the windscreen is inspected to ensure that it is labelled with specific safety and approval markings. The windscreen is also visually checked to ensure that it is not damaged and is secure.

Poor quality fitting of replacement windscreens, as highlighted by the Transport Research Laboratory's report, which had been commissioned by Autoglass, was brought to the attention of the RSA which has responsibility for vehicle standards policy. After reviewing the report the RSA agreed that a correctly bonded windscreen plays an important role in the strength of a car in the event of a collision. Correctly fitted and bonded windscreens may also play a role in the correct deployment of passenger side airbags.

I understand that after reviewing the report the RSA engaged with the Garda national traffic bureau which advised it was not aware of any instances of ill-fitting windscreens being responsible for fatal or serious injury caused to any person in any collision. The RSA also engaged with the Irish Insurance Federation which forwarded the report to motor damage claims specialists in a number of its member companies for comment. The IIF indicated that should Autoglass conduct further research disclosing safety and standards issues, it would be happy to work through the IIF and others to address them.

The RSA concluded from the information contained in the TRL report that it appears that not all windscreen replacers are following the correct procedures and workmanship when fitting windscreens resulting in possible safety implications and value-for-money considerations for vehicle owners. RSA engineers reviewed the fitting process of a replacement windscreen and agree that in order to ensure a good bond is achieved between the windscreen and the vehicle a prescribed series of steps must be followed utilising manufacturers recommended adhesives and curing times. As with many other vehicle repairs, a certain level of training, competence and quality assurance is required to ensure that individuals carrying out such work do it correctly to an appropriate standard and to manufacturers' specifications.

In order to improve the standard of workmanship in the windscreen replacement industry it is suggested that the industry engages with insurance companies, the Society of the Irish Motor Industry and vehicle manufacturers to agree on standards, training, quality control and codes of practice that should be used when repairing or replacing windscreens. This approach of upskilling and training of windscreen fitters, combined with agreement from the insurance companies that only suitably trained individuals can carry out work on their behalf, will drive improvements in the standard of workmanship in this important area of vehicle safety.

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