Dáil debates

Tuesday, 27 September 2016

Road Traffic Bill 2016 [Seanad]: Second Stage

 

7:50 pm

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

I welcome the Bill. It is appropriate on the first day after the recess that we debate a Bill that enjoys such cross-party collegiate support. As the Minister has suggested, it is not a contentious Bill.

I propose to suggest a number of amendments or policy areas that may be considered on further readings of the Bill. The Minister and my colleague, Deputy Troy, have welcomed the end-of-life provisions in the Bill. I asked a parliamentary question about this matter on 8 June. Vehicles, not just in Ireland but also in the UK, can be taken off the road and classed as end-of-life vehicles by insurers, but can reappear in circulation because of paperwork, Internet sales and other issues. It is not a particularly difficult rule for dealers to circumvent. I sat in a dealer's yard while he showed me exactly how it can be done. Unfortunately, there is no science behind this but it is something that needs to be regulated and controlled. The Bill includes provisions for inter-jurisdictional transfer between the UK and Ireland. Based on certain data, I suggest that the end-of-life vehicle history also be included in that transfer. Perhaps when the Minister is preparing amendments that matter may be included.

I will deal with some miscellaneous provisions. I came to the House from a local authority. Parking by-laws are often an issue of contention, where local authorities struggle to make minor changes to by-laws without having to go through a rigmarole of consultation which can take months. The net effect is that an overly rigorous application of the law applies. There have been attempts to deal with this issue, but it requires legislative change. I ask the Minister to consider, under miscellaneous provisions, making it easier for local authorities to make minor changes to, for example, disability bays or changing space allocation.

In a similar vein, I welcome the availability of a lower speed limit for residential areas. It is very appropriate. We are all familiar with the tragic circumstances referred to as Jake's case and the family involved. I agree with the Minister that a 20 km/h speed limit seems extreme as a default, but I suggest that the possibility is there. Along the same lines as the parking by-laws, I suggest that the speed limit review is another area where local authorities appear to struggle and protest - they may not protest too much, but they do protest. It takes months and years for these kinds of things to go through the process. The system is far more difficult than it needs to be.

I understand that gardaí can identify a stolen vehicle quite readily. However, they cannot identify an end-of-life vehicle. It seems that could be done. If insurers were in a position to provide end-of-life facilities, that may stop unscrupulous dealers from emerging and playing a role in putting them back on the roads. A driver can find it difficult to ensure a perfectly roadworthy vehicle over 15 years old, something we heard during debates on the motor insurance industry. It seems particularly abhorrent that somebody in possession of an end-of-life vehicle that had been written off can drive it.

I refer to the penalty points database. We all welcome the fixed charge system and the improvements to road traffic and safety in recent years. We could go further. We saw how data could and should be available to insurers in a Stage-managed way.

This would address the issues we have with motor insurance and the cost of motor insurance. I am conscious of the time, but the issue of clamping is another one that may sit under miscellaneous provisions. I understand there was some legislation before the House in the previous Dáil but I am not sure it was enacted. Clamping can be a blight in many town centres and commercial environments and often on some private properties where unscrupulous and opportunist clamping operators can play havoc and destroy the commercial heart of many towns. Included in the legislation were proposals to cap the maximum fees that are charged and to apply conditions on such factors as signage, prior warning and caveats. I do not believe those provisions were enacted. I will have to look at it but it may be an area for a miscellaneous provision and I may put amendments forward on that on the next Stage.

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