Dáil debates

Thursday, 18 December 2014

Road Traffic (No.2) Bill 2014 [Seanad]: Second Stage (Resumed) and Subsequent Stages

 

3:30 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I concur with my colleague, Deputy O’Donovan, in that all Members have experienced the issues he raised, particularly contradictory speed limit signs. One often will have a stretch of road with a sign stating the limit is 100 km/h, while 100 metres further down a sign states it is 50 km/h.

We are all in favour of doing everything possible and fair to reduce road traffic accidents and deaths. We cannot eliminate road traffic accidents entirely, human nature being what it is. It is important, however, that the rules of the road are enforceable and sufficiently strong with no loopholes. We also cannot take away the right of legal representatives to challenge the law where necessary.

I have had penalty points myself. Before they were introduced, I predicted that everyone would, at some stage, get penalty points. They have not done so yet, but it is working its way towards that. Human nature being what it is, there is no possibility that people can be sure they are on the right side of the points system. I got my points some six years ago when I overtook traffic on what was claimed to be a continuous white line when I actually had not. However, it was a case of peculiar circumstances over which I could not go to court. An Oireachtas Member going to court to defend such driving will have two chances. In that case, I had just survived a serious traffic accident an hour before. The golden rule is that one should cease driving after such an event and take time out. Unfortunately, like all Members, I had a schedule to keep and continued on, but paid for it with penalty points when I overtook. Fortunately, it was nothing else.

The law is funny in some circumstances. Like Deputy Michael McNamara, I have seen cases which have been challenged in court and where the State adopted a position but lost in the judicial review. In many such cases, the State then reverted to its original position afterwards.

My theory was that matters must have turned on technical points, but that is not necessarily so because the law is peculiar, particularly regarding pension entitlements. It is not unusual for the State to revert to its original position and set aside a decision of the court, as though it did not understand matters properly, almost always to the benefit of the State. This is wrong and should not happen, but it is something I will raise on another occasion.

Like many others, my car has a global positioning system, GPS. As it recently broke, I obtained a second GPS device and discovered that it could tell me where checkpoints were located, although the locations are given on the website. The peculiar thing was that the GPS conflicted with the road signs on numerous occasions. Something should be done to merge the speed limit registration system with the global positioning system because they should be ad idemon road signs and if they are not, there is a problem.

The Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, has been very helpful since he came to office, as was his predecessor. However, to declare an interest, I happen to be the owner of a couple of vintage vehicles and, boy oh boy, the last registration system for vintage vehicles gave me headaches. I spent years trying to register vehicles that would probably never be put on the road because I at least wanted the option of putting them on the road in the future. Consolidating legislation is required to merge all road traffic legislation on matters such as penalty points, vehicle registration and so on. We should recognise that some vehicles are not put on the road and there should be a simple system to allow a person to register a vehicle as being off the road until he or she wants to put it back on it. Previously one could have had the registration documentation stamped in a Garda station when one wanted to put the vehicle back on the road but some people abused the system. There are simple ways to eliminate such abuse and I hope they will be found.

How much time have I left?

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