Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I extend my thanks to all Deputies who took part in this debate. I am encouraged by the general support for the Bill. Hopefully, it will be enacted and the measures implemented quickly once the legislation has been passed by both Houses of the Oireachtas.

I reiterate that I am happy to consider some of the issues raised during the course of this debate. Many factors contribute to road safety. There are physical factors such as the standards set and the maintenance of vehicles, as well as the quality of our roads. There is also the human factor and this Bill deals predominantly with that.

Deputy Ellis mentioned the need for driver responsibility and I fully agree. We can pass legislation, gardaí can enforce the laws and the RSA can instruct and educate but, ultimately, responsibility rests with road users to behave in a careful and considerate way. We need to encourage a higher concern for personal safety and the safety of those with whom we share the road.

I will now deal with the issues raised by Deputies in the course of this debate. Concerns were raised by Deputy Dooley about the Government's commitment to road safety. I can assure Deputies that the Government remains fully committed to it. This is the third piece of road traffic legislation that this Government has approved since coming to office and all three have contributed - and will contribute significantly - to improving safety on our roads.

In my opening statement I mentioned that I launched a new road safety strategy earlier this year. This strategy was endorsed by the Government and involves the commitment of significant resources to implement the actions identified. This will be done by many Departments and agencies across the public sector.

Deputy Dooley also raised the issue of hit and run and the measures he is proposing to strengthen the legislation in this regard. The House had the opportunity to debate this important issue last week and I was happy at that time to indicate my support for the principle involved. There is no disagreement on the central point, namely that we must provide sufficient deterrents in legislation to dissuade drivers from leaving the scene of a collision in which they have been involved. We must also provide for appropriate punishments for drivers who are apprehended after leaving the scene of a collision in which death or injury occurred. There are far-reaching consequences, particularly for the families of victims of hit-and-run incidents.

Leaving the scene of a collision is, of course, an offence under current legislation but I agree that the law needs to be strengthened. I have accepted the general thrust of much of what is contained in the Bill published by Deputy Dooley. My officials have been in contact with Deputy Dooley, at my request, to discuss the scope for dealing with the matter through a Committee Stage amendment. Last week, the Government agreed in principle to an amendment to address the hit-and-run issue, subject to approval from the Attorney General's office. Legislation in this area can be delicate and it is important that the amendment proposed should achieve our intentions, while not undermining other aspects of the provisions being amended. Work is well advanced on this. I will ask my officials to meet again with Deputy Dooley, certainly in the next few days or next week, now that we have a working draft of the text.

Deputy Ellis questioned the appropriateness of the proposal to take blood from unconscious drivers. Following concerns expressed by the Joint Oireachtas Committee on Transport and Communications regarding the constitutionality of such a measure, my Department sought advice from the Office of the Attorney General and has worked closely with that office in drafting the provisions of the Bill. Extensive discussions have taken place with representatives of the medical profession, the Medical Bureau of Road Safety and An Garda Síochána in order to develop a method of testing incapacitated drivers, which would be both practicable and constitutional. All stakeholders are satisfied that the procedures set out in section 12 of the Bill on this issue do meet this aim.

On the same issue of testing unconscious drivers, Deputy Browne asked who would make the final decision on taking a specimen. The procedure will be as follows. First, the Garda will ask the treating doctor in the hospital whether or not the driver is capable of giving consent to the taking of a specimen. If he or she is, current procedures will apply. If the treating doctor determines that the driver is not capable of giving consent to the taking of a specimen, the Garda forms the opinion that the driver is incapacitated.

The next step is that the Garda asks the treating doctor if the taking of a specimen of blood from the person would be prejudicial to the his or her health. If it would be prejudicial, the matter rests. However, if a specimen can safely be taken, the Garda proceeds to ask a designated doctor or nurse, who is not the treating doctor, to take a specimen of blood which will then be forwarded to the Medical Bureau of Road Safety, MBRS, for analysis. The MBRS will carry out its analysis of the specimen and retain the result on file but will not at that point issue a certification of the result. If, and when, the driver regains capacity, he or she will be asked whether he or she consents to the issuing of a certification of the result. If consent is given, the certification is issued. If not, the driver will be guilty of an offence and the sample and any record of the testing is destroyed. This will maintain the same principles currently in place in respect of conscious drivers, with the consent element being moved forward in the process.

Deputies Ellis and Clare Daly asked about the use of intoxication impairment testing and its possible abuse by members of the Garda. I should explain that the evidence provided from an impairment test alone will not lead to a prosecution. It will assist the garda concerned in forming the opinion that a driver may be under the influence of an intoxicant. In circumstances where a driver fails an impairment test, he or she may be arrested and brought to a Garda station where a breath, blood or urine sample will be taken for analysis by the MBRS. If a case subsequently proceeds to court, the impairment test will be used as part of the evidence presented.

In relation to the report of the Comptroller and Auditor General on the operation of the fixed charge notice and penalty points system, which was also raised by Deputy Daly and others, the penalty points system has since its introduction in 2002 made a significant contribution to driver awareness and is widely accepted by the public, as evidenced by the high percentage of drivers who pay the fixed charge within the stipulated period. Shortcomings in the operation of the system have, however, been highlighted by recent reports, in particular that of the Comptroller and Auditor General. My colleague, the Minister for Justice and Equality, spoke of these matters in detail in the House last month.I am aware that the Committee of Public Accounts is considering holding hearings into historic irregularities with regard to the fixed charge notice and penalty points system and the cost to the Exchequer of same. It is my view that a public airing of this matter could be helpful in bringing it to a close.

A number of Deputies referred to the need to provide driver and road safety education in our schools. I have encouraged the RSA to take every opportunity to enhance road safety awareness for children at all ages. Road user education is delivered by the RSA in a cumulative approach from preschool to third level. Road safety education ensures that all road users develop appropriate attitudes and safe behaviours. The RSA has developed and distributed a number of educational resources to schools from preschool to third level and places considerable importance on educating children in good road safety practices and behaviours from an early age.

Deputy Clare Dalyraised concerns with regard to the reference in the Comptroller and Auditor General's 2012 report in relation to the difficulties in allocating penalty points to a driver where the vehicle being driven is a company car which may be used by numerous drivers. The report notes that almost all cases that proceed to company summons status relate to safety camera detections. Where the vehicle is not intercepted and driver details are taken at the scene, notices are issued to the vehicle owner as recorded on the national vehicle and driver file, NVDF, of my Department. The report suggests that inconsistencies in the recording of company names on the NVDF complicate identification of repeat offender companies and result in understatement of the count. My officials are unclear what these inconsistencies relate to, particularly as systems are in place since 2006 whereby all company names submitted with change of vehicle ownership notices are verified against the descriptions in the Companies Registration Office database. This was introduced to assist with accurate and consistent company ownership descriptions on the NVDF. My officials are in the process of clarifying this matter with An Garda Síochána.

Deputy Mattie McGrathreferred to dangerous hedgerows and the potential danger posed in this regard for road safety. I recently wrote to county and city managers and drew their attention to the Roads Act 1993 which provides the powers for local authorities to deal with dangerous roadside trees, shrubs and vegetation. There is a statutory obligation on landowners and occupiers to ensure that roadside trees do not present a danger to road users. Local authorities also have the power to remove or reduce the danger posed by such roadside trees and vegetation where there is an immediate and serious risk to road users.

Deputy McGrathalso raised the issue of people who may have difficulty passing the driver theory test. I would like to advise the Deputy that the RSA can, in certain cases, provide assistance for people who may experience difficulties in undertaking the driver theory test. I understand that arrangements and facilities are already in place for applicants requiring special assistance in completing the test. Such applicants should contact the RSA in advance of sitting the test and indicate the nature of their difficulty.

Deputy Broughancriticised the piecemeal approach to road traffic legislation and emphasised the need for consolidation of legislation in this area. I agree that a Consolidation Bill would be desirable but given the extent of legislation in the road traffic area consolidation will take a considerable amount of time to draft and pass through the Oireachtas. The reason we have not consolidated in the past few years is that there were provisions, such as lower drink driving levels, mandatory testing of drivers and impairment testing, that we wanted to enact quickly to enhance road safety. It is still my intention to introduce a consolidation Bill for road traffic when the more urgent issues have been addressed. However, I cannot give a timeframe in this regard at this stage.

Some Deputies commented on the financial outlay for learner drivers in completing lessons with an approved driving instructor. I would like to clarify that this Bill does not propose an increase in the number of formal lessons a learner driver must undertake. Under regulations in force since 2011, a learner permit holder must take 12 lessons with an approved driving instructor before taking a driving test. Nothing in this Bill changes that. However, under section 6, a learner will also be required to undergo a minimum amount of driving experience, to be prescribed in regulations, with a qualified driver, before taking a driving test. A record of this experience will be required to be kept in a logbook and endorsed by a sponsor, who may be a parent or any other fully qualified driver.

Deputies Daly and Ellisasked about financial assistance from the Department of Social Protection towards driving lessons for those who are unemployed. I understand that under the back-to-work allowance for the self-employed, there is an initiative designed to help back-to-work participants with costs, including driving lessons. It is my understanding that costs, up to a maximum of €350, in respect of car and HGV lessons are included under this scheme and that lessons should normally be related to preparing for a driving test.

Deputy Harringtonraised concerns about advertisements on motorways. While it is illegal to place advertisements on motorways, the main difficulty has been with hoardings or trailers in fields adjacent to motorways. I understand that the local authorities are dealing with this issue.

Deputies Eoghan Murphy and McLoughlinraised concerns about the condition of our road infrastructure. While collisions caused due to road conditions are relatively low, they are rising. The funding for regional and local roads in 2013 was originally set at €350 million. This was increased mid-year to €400 million under this year's investment stimulus. The figure for 2014 had been set at €282 million but an additional €50 million was provided in the budget for roads, bringing the total for 2014 to €332 million. This still represents a cut of €68 million on 2013 in the local and regional roads budget. While this does not necessarily represent a €68 million cut to maintenance it is a €68 million cut to regional and local road development projects, which means we can no longer proceed with any new regional or strategic improvement schemes, at least until we have sufficient money to maintain them. As I have previously stated, the €50 million roads stimulus package will allow some maintenance works to be carried out next year but cost containment and efficiencies in maintenance will still be necessary. Unfortunately there will be no scope for new projects or improvements. This is a very challenging reduction but we will strive to make the most of the very limited resources.

Deputy Naughtenexpressed disappointment that no provision is being made to include a facility for an In Case of Emergency,ICE, number on driver licences. Under the EU directive which required member states to introduce a plastic card licence system, the information to be contained on the face of the new form of licence is uniform across member states and there is little leeway to add further information as the available space on the card is very limited. In Ireland, we decided to use this available space to continue to allow a licence holder to indicate their wish to be considered as an organ donor, a feature which was available on the old paper licence. The Road Safety Authority, as the driver licensing authority, is currently examining the possibility of including a microchip on the new licence. The information that might be included on the microchip, should it proceed in this way, is being considered by the authority.

Deputy Naughtenhighlighted the case of an individual who for medical reasons required tinted windows on his car, which subsequently failed the NCT on account of having tinted windows. I understand that the vehicle in question has now undertaken the NCT without the window tint on the front windows and that a certificate has been issued. Procedures with regard to NCT are covered by EU regulations and we cannot unilaterally change them. The RSA is conscious of the needs of individuals with certain medical conditions.

Installing excessive tinting to front side windows and windscreen can represent a significant safety hazard for vehicle drivers and their occupants, especially when driving in adverse weather, poor light and during hours of darkness. It is for this reason that a maximum permitted tint level is set by EU-type approval and national legislation.

Deputy Olivia Mitchell raised concerns about penalty points being incurred but not assigned to individual drivers. She referred to a suggestion that up to 40% of penalty points were not assigned to drivers, the implication being that a large number of vehicles on our roads are not taxed. I am pleased to reassure her on both points. There are instances where penalty points could not be entered on the national vehicle and driver file. The most recent returns show that just over 250,000 penalty point events relate to foreign licenceholders whose details could not be added to the NVDF. This equates to 12.5% of penalty point offences, not 40%. Regarding the motor tax issue, it is not correct that motor tax records are the basis for identifying the driver. In fact, the NVDF matches penalty points to driving licence records, with details of registered ownership of motor vehicles being used particularly in respect of offences detected through safety cameras. The NVDF holds both driver licence and vehicle ownership records. Motor tax records are not part of the process and, therefore, there is no reason to assume that where points cannot be matched to a vehicle, the vehicle must be untaxed.

Deputy Frank Feighan expressed concern regarding novice drivers losing their licence after receiving six penalty points. The current position is that drivers lose their licence after accumulating 12 points, with speeding carrying a penalty of two points on each occasion. In other words, six speeding offences would lead to a driver losing his or her licence. A much stricter regime is proposed in this legislation whereby three penalty points will apply for each speeding offence and novice drivers will lose their licence after six points. This means that a novice driver would lose his or her licence after two speeding offences. Deputy Feighan considers that to be somewhat harsh. My view, however, is that it will send a clear message to new drivers that they must be particularly cautious in their first two years on the road. Having said that, I am open to different opinions on the issue and will be interested to hear Deputies' views on Committee Stage.

Deputy Feighan also raised the issue of car clocking. I will examine whether that issue might be included in the NCT, by which I mean keeping a record of the vehicle's number of kilometres to see whether, for example, it has reduced since the last test. As it stands, car clocking is an offence under the Consumer Protection Act, but the relevant provision applies only to dealerships which offer motor vehicles for sale and not to an individual who does the same. A proposal for an EU regulation on roadworthiness testing for vehicles is being discussed at present, the draft text of which provides that each member state must take the necessary measures to ensure that manipulating an odometer will be punishable by effective and proportionate penalties. I am open to an amendment on this issue on Committee Stage, notwithstanding the difficulty that may arise in accepting it in a context where an EU regulation is forthcoming. Any such amendment would require subsequent amendment in the light of the European provision, but it would not be the first time such amendment was required.

Deputy Seán Kyne referred to the possibility of offering driver education or re-education as an alternative to fines and penalty points. That issue is not addressed in this Bill but is included in the five year road safety strategy. Our intention would be to allow the courts to impose such a sanction as an alternative to points or fines. It will require future legislation.

Deputy Paul Connaughton raised the issue of drug driving. A procurement process is due to commence in the coming months for the provision of roadside devices to detect drugs. In addition, the next road traffic Bill will strengthen the legal provisions relating to driving in an impaired state as a consequence of taking drugs. I hope to introduce those proposals next year.

The Road Traffic (No. 2) Bill 2013 will build on the progress made to date in the areas of driver licensing, penalty points and intoxication testing. All these measures will help to promote better driving on our roads. I look forward to the passage of the Bill through the Oireachtas and its speedy implementation. I thank Members for the opportunity to present this legislation and for their contributions to the debate.

See this speech in context