Seán Kenny (Dublin North East, Labour) | Oireachtas source

I welcome the Bill, which provides for a number of measures to improve safety on our roads and it will have implications for all drivers. The legislation introduces measures towards the completion of a graduated driver licensing system. A new category of novice driver will be introduced and they will be required to display a distinguishing N plate along the lines of the existing L plate. Novice and learner drivers will also face a lower penalty points disqualification threshold. Learner drivers will have to record a minimum amount of accompanied driving before being permitted to take the driving test. The new novice driver category will cover drivers during the first two years after qualifying for a full driving licence. A period of disqualification or ceasing to hold a licence is not counted as part of the two years as a novice. The use of an N plate by novice drivers, or an N tabard in the case of novice motorcyclists, will be required to demonstrate to other road users the novice status of the driver in question. It will be an offence not to display an N plate or an N tabard. The legislation will also give authority to the Minister for Transport, Tourism and Sport to allow, subject to conditions which the Minister may set, vehicle insurers have access to endorsements on a person's entry on the national vehicle and driver file. This is an amended version of the provision made in the Road Traffic Act 2010.

As part of the legislation there will be a new requirement for learner drivers to record a minimum period of accompanied driving before he or she is permitted to take the driving test. If a person presents for a test without the appropriately completed record he or she will be refused a test and will forfeit the test fee. There is also a change of procedure following conviction and disqualification of a driver so particulars of the disqualification rather than the particulars of both disqualification and conviction will be communicated to the national vehicle and driver file. This reflects a change in policy on recording other criminal offences where a mechanically propelled vehicle is used onto the driver licence record. There will also be new powers of arrest for members of the Garda Síochána in cases where an individual disqualified from holding a licence is detected driving.

The Bill makes provision to test incapacitated drivers for intoxication following a road traffic collision where death or injury has occurred. Section 11 of the Road Traffic Act 2010 is amended by the legislation to provide for intoxication impairment testing and I welcome this. It replaces, and represents a significant advance on, measures in the Road Traffic Act 2010 which were never commenced due to the advancement of policy in this area. Members of the Garda Síochána will now be empowered to require people driving or attempting to drive mechanical propelled vehicles in a public place to undertake intoxication impairment testing. This involves non-technology-based cognitive testing such as walking a straight line, tipping one's nose or counting while standing on one leg. The results of these tests may be used in evidence to support the garda forming an opinion a person is intoxicated. The Minister will be empowered to prescribe in regulation the nature of the tests and their manner of administration as well as a form for recording the observations made during the tests. It will be deemed an offence to fail to comply with a requirement to undergo intoxication impairment testing. A new power of arrest will be created for use in the case of an offence under this section.

Section 12 of the Bill amends the Road Traffic Act 2010 to allow for the taking, subject to medical approval, of a specimen of blood from an incapacitated or unconscious person following a road traffic collision involving death or injury. The legislation will also make provision for the procedures which must be followed where a specimen has been taken from an incapacitated driver who subsequently regained capacity. The person in question will be required to give consent to the issuing by the Medical Bureau of Road Safety of a certificate of the result of the analysis of the specimen. Failure to consent will be an offence. This puts incapacitated drivers as nearly as possible on a par with drivers who are not incapacitated.

I am impressed with the provisions of the Bill. It is clear much work has been done to amend other legislation to ensure consistency. They are tough and uncompromising and I welcome this. Our roads must be made safer for everyone and one way of making this happen is to ensure justice will be able to be done in the event of proven wrongdoing.

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