Dáil debates

Thursday, 3 October 2013

Road Traffic (No. 2) Bill 2013: Second Stage (Resumed)

 

2:10 pm

Photo of Noel HarringtonNoel Harrington (Cork South West, Fine Gael) | Oireachtas source

I wish to share time with Deputies O'Mahony and Walsh.

I welcome the opportunity to contribute to the debate. I recognise that the Bill is part of a progression building on successful legislation introduced in recent years, which has led to a dramatic reduction in fatalities on our roads. The greatest challenge the Government and the Road Safety Authority, RSA, face is complacency. It is clear that work needs to continue to reduce the threat of road accidents and the inevitable loss of life. It is disappointing that the number of road fatalities has increased this year compared to last year. That underscores the difficulty and challenge we face in trying to reduce the number of road accidents and fatalities.

The Bill contains a number of welcome provisions, particularly the introduction of a new category of novice driver who will remain in this category for two years after he or she passes the test. Most of us drive extensively. I drive 1,500 km a week on average and I am always learning. Nobody would be stupid enough to say they know everything that can happen and that they can anticipate everything on the road, but experience is a fantastic benefit in driving a car safely. The two-year novice drivers category must be introduced and should be welcomed. Further provisions include lower penalty point disqualification limits for both learner drivers and novice drivers, with the limit reduced from 12 points to six. That will focus minds on driver behaviour, particularly younger male drivers in their early 20s, a category that presents a particular problem that needs to be addressed. Female drivers of the same age are less of a risk but, unfortunately, they must pay a penalty because under equality legislation we are all equal and they are regarded as financially equal also. While we are all equal under the law, we do not all behave the same way. This must be addressed in this and other legislative areas. We need to reward good driver behaviour but we cannot, which is a shame.

The legislation also provides for amendments to the penalty points system. It will introduce a new range of offences and provides for a reduction in the penalty points accrued for failure to display a national car test, NCT, disc. That is a sensible approach. Since the NCT was introduced, the standard of vehicles has improved greatly. The age of the national fleet has increased because of the financial downturn but it is hoped it will decrease again. Perhaps the Minister is pushing measures in the upcoming budget to stimulate that sector, but as the economy turns around the age of our fleet will decrease and the standard of vehicles will improve, which will reduce risk on our roads.

The provision to take blood from an incapacitated driver without consent is also welcome. Anybody involved in an accident should be tested, even if he or she is incapacitated. It does not make sense that this is not done currently. Under the Bill, a sample can be taken without consent and subsequently tested with consent. This is a sensible approach. Preliminary impairment testing is a major issue, particularly in the context of drug testing. We are all familiar with the impairment experienced by drivers under the influence of alcohol and the blood alcohol concentration levels involved, but it is difficult to deal with drivers who are under the influence of other drugs. Given the lack of technology to conduct roadside testing, the Garda needs to be empowered to conduct preliminary impairment testing. While this was provided for previously in the Road Traffic Acts, enforcement is a difficult issue. This raises the question of what are the greater causes of road fatalities in the State. Alcohol and drugs are obvious, but fatigue, something we cannot readily test for, is an issue and it leads to many accidents. However, I do not propose that tachographs be installed in everybody's car immediately.

Deputy Dooley was probably in a different frame of mind when he was travelling home from the All-Ireland hurling final replay last weekend, but some objects are designed to distract as drivers travel along the motorway. While the volume of traffic last Saturday was unusual, this issue should at least be recognised, if not legislated for. Roadside posters and advertisements on the side of the motorway are designed to distract drivers. They are erected there in order that drivers will read them and take their eyes off the road. Unfortunately, given that traffic was busier than normal at the weekend, cars were stopping and starting and there were a number of accidents. Thankfully, nobody was seriously hurt, but that issue must be addressed.

I refer to the testing regime for learner drivers. Members drive on different types of road, including on motorways, national and local roads, boreens and tracks, and some of us even drive off-road in our day-to-day work. We drive in various weather conditions, including on ice or in the meltingly hot conditions we experienced this summer. However, driver testing does not reflect that. I do not know, for example, whether many of us were tested on how to overtake safely. One is encouraged not to exceed 40 km/h or 50 km/h during the driving test but that is not the experience we have daily as we drive. Testing for different road conditions and for different driver behaviour, including anticipating irresponsible behaviour, should be introduced.

I accept that might impose further demands on the road testing facilities. If we analyse the causes of accidents we could introduce more effective testing and comprehensive rehabilitation regimes to establish whether someone's driving skills have deteriorated or were never up to the mark in the first instance. Such drivers are as much a danger on the road as irresponsible young men in their 20s whose behaviour has been well flagged, but they can equally kill. Such people must undergo rehabilitation and retesting and if it is found that they do not have the required life skill to handle a vehicle then perhaps they should not be on the road at all.

I very much welcome the provisions in the Bill. It is not an end but a work in progress to stay ahead of the curve, as it were, to avoid and deal with complacency in the way we deal with road safety. I hope the Bill and future legislation we enact will lead to a reduction in road fatalities. That can only be welcomed.

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