Mattie McGrath (Tipperary, Independent) | Oireachtas source

----regarding the recommital of the Bill, I and some of my colleagues who represent rural constituencies have come in for a lot of criticism. It is unfair criticism as far as we are concerned. We contend that we did not recommit the Bill and we did not ask that it be recommitted. We attended on Committee Stage and asked to discuss some of our amendments on different mornings but we were not allowed to do so. We just got stonewalling. The Minister, Deputy Ross, did not have it ready. All the blame cannot be apportioned to us, the Rural Independents, or whatever the Minister called us this morning - I think it was "the lost cause". We are elected by the people of Tipperary, Cork, Kerry and many other areas. The people who will decide if we are a lost cause will be the electorate in our constituencies. I am thankful we have elections and not a dictatorship.

Last week, I appealed to the Minister to reconsider branding us as road traffic terrorists. It has awful connotations, especially in the current climate worldwide. I hope he has reflected over the weekend and perhaps in his opening remarks tonight he might withdraw those comments although they were not made in this House. My colleague, Deputy Danny Healy-Rae, who was named, has his own views.

I appeal to the Minister's greater judgment to allow us to have our debate. We feel that parts of this Bill are unworkable and legislation that is unworkable is not good legislation. Legislation implemented in this House must pass a litmus test that there must be relatively broad agreement. We will never get unanimous agreement or anything near that but there must be a majority in agreement and have goodwill to have any legislation accepted and, indeed, self-policed. No police force in the world can police without the support of the general public.

I refer to the proposal to amend the Road Traffic Act 2016 to repeal section 39 and the proposal to amend the Road Traffic Act 2010 to rectify certain technical errors in sections 13A and 13B. We were certainly not responsible, nor was the Minister when he was in opposition, for any technical errors. We are the people who live in and represent rural Ireland. I refer also to the proposal to amend the Road Traffic Act 1994 to provide for the detention by An Garda Síochána of a vehicle being driven by an unaccompanied learner driver. I have been contacted by many people over last week and the weekend. I referred in the main previously to na daoine óga, the young people, but I have been contacted by people aged from their 30s to their 70s about this issue.

One woman is in her 80s and she is driving with an L plate. She is very concerned about the legislation. She is a law abiding citizen and has never done any harm to anyone, thankfully. She wants to finish out her days in relative peace. She does not want to be excluded from social interaction with her peers in her local village - playing cards, getting necessary provisions to live and exist and indeed going to Mass. That is all she uses the car for. I have long called for insurance companies, on issues like this, to charge payment on the kilometres driven. This woman might not drive 100 km in a month, and she does not.

I refer to the proposal to amend the Road Traffic Act 1961 to provide for an offence by the owner of a mechanically propelled vehicle which is driven by an unlicensed driver - the unlicensed driver should not be on the road and I have no problem with that - or by a learner driver who, contrary to regulations, is not accompanied by a qualified driver; and for consequential amendment of the Long Title to reflect the content of the Bill. That is the cause of the delay because the Bill was recommitted in respect of those provisions and we are entitled to deal with them. We are now discussing amendments Nos. 4 to 21, inclusive, and No. 28. That is where we are at now. I did not want to come in here last week to give a history lesson to anyone, but the inadequacies in this area and the sheer inability of people, young and old, but mainly young people, to get a driving test in my constituency, my county and many other counties is simply shocking.

I want those issues to be dealt with before we legislate. If those people cannot get a date for a driving test, how can they prove they are fit to drive without an accompanying driver? I heard an item on Tipp FM this morning and subsequently made contact with a Mr. Thomas Ryan from Thurles. His 23 year old daughter went to do a test last week. She had her car for three years and was learning to drive, like most young people. She had done the required lessons and indeed had taken a second lot of lessons. She is a very careful driver. Her car passed the NCT two Fridays ago. She then went to do her test on the following Tuesday. The car was not driven between passing the NCT and her trip to the test centre. The inspector at the test centre carried out a visual inspection, opening the bonnet. It is important that people understand how a car is propelled mechanically and where all the different parts that need to be regularly checked are, including water, oil and the battery. The inspector noticed that a cap on the expansion tank - not the radiator or the overflow tank - was missing. It had been missing since the car was bought. Mr. Ryan is a mechanic himself. The inspector refused to do the test and failed that applicant, who was devastated. She had spent almost €1,000 on lessons, had purchased the car, insured it, run it and learned to drive it. After presenting for the test, having waited for six months, she was dismissed. When her father contacted the RSA, he was told that the tester has more power than the NCT people.

I asked the Minister earlier about the NCT process and the buildings the RSA rents, and asserted that every provider is operating illegally because they are outside health and safety legislation. I am asking the Minister for a third time to tell me whether I am talking balderdash or if I am correct. Has there been any investigation? Is the RSA totally above the law when it comes to the operation of these centres? Mr. Ryan was told that the tester had the right to fail his daughter's car. Road testing of vehicles should be totally overhauled, and there should be a fair advisory issued. The NCT passed the car, but if a problem is spotted during the NCT there is a fair advisory issued where the owner is asked to get something fixed and then return to be certified. Mr. Ryan's daughter will now have to pay another €55 for another test. Money is not growing in the back garden for these people. We are not talking about mushrooms growing in a shed. The girl had a job offer and she had to turn it down. She is a single parent and now has to mind her child without a car. She has given up the ghost, considering all of the issues she experienced. She had to get the lessons and then get the appointment for the test. Incidentally, she then had to wait a month before she could get a new test. She is now not going to bother; she feels the Minister, the Department of Transport, Tourism and Sport and the RSA are vilifying her by passing this legislation, putting her off the road and locking her in her home. She has no access to buses or to the Luas. She does not have access to the rural bus link that the Minister was talking about this weekend. She cannot get access to her work or to schools by train. Does the Minister or his officials have any thoughts about the impact this legislation will have on these particular families? The girl is lucky to have her father and family to help her out, but many of the people I am talking about are living alone.

There must surely be question marks about NCTs. This girl had her NCT certificate. The car did not travel more than 40 km between the NCT centre and arriving at the test centre, but on a cursory look under the bonnet the test was failed. That incident had nothing to do with the girl's ability to drive. Driving skills should be tested on the road. The process of testing should be examined as well; the test is only a snapshot in time and is dependent on traffic and many other issues. The girl was competent, having had all of the required lessons from qualified testers. Many driving instructors have been in contact with me. In the main, they are very professional. They also have huge issues with the RSA and are getting no engagement, meaningful communication or response. We are not operating in a dictatorship. Driving instructors are very important; young and old people need driving lessons. They instill and pass on a proper safe code of practice on the roads. They are not there to deal with a cap on an expansion tank, or to deal with the little bit of rubber on the lever that relaxes the seat.

In another case, on a recent wet morning - of which we have had many - a person taking the driving test did well, but the passenger side window where the tester was sitting fogged up a little. There are no vents on the side windows of most cars. They are at the front but the tester said that the test was unsafe because he could not see the mirror. Of course he could see because it was right beside where he was sitting but issues like this are happening. They should not result in failures but rather act as a caution and an opportunity to learn. The day one does not learn something is a bad day. I believe I learn something every day. Those who are not able to or are not willing to learn are unfortunate. There are many issues concerning the RAS centres.

A lady called Mary contacted me on Sunday. A person went for a test on a horrible wet Sunday about three weeks ago. The tester decided to start without any visual inspection because it was too wet. Thankfully the person passed the test. There should surely be a covered area in each of the test centres to ensure that each candidate is treated equally. It should not be the case that if it is a fine day the car will be checked for problems but that it will not be checked if it is raining. These are facts. This is happening. There must be a level playing field for young drivers and for older drivers on L plates. They are nervous enough. We are all nervous when we go for any kind of test, or hospital procedures or the like.

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