Dáil debates

Wednesday, 13 June 2018

Road Traffic (Amendment) Bill 2017: Report Stage (Resumed)

 

8:30 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

I delighted to be able to speak on amendment No. 22, which relates to drivers with an L plate. I am disappointed, however. The Minister had an opportunity last night - he was allowed ten minutes - to respond to some of our questions but he chose not to do so. Deputy Broughan intervened as well. We have asked many questions during the course of the debate, including on Committee Stage, when were allowed to speak as non-members of the committee. Privately, I have had long discussions with the Minister, Deputy Ross, on this. I am disappointed he was unable to have a proper discourse on this legislation. We all want to make the roads safer. Ar an gcéad dul síos, I totally condemn anyone who drives recklessly, uninsured or drunk. I refer to people injured and hurt and I sympathise with Mr. Clancy and his daughter. Deputy Healy-Rae just informed us that two more people lost their lives on the roads today, of which I was not aware. It is a huge, complex and multifaceted problem.

We are passing this legislation even though the Minister is only two years in office. While I appreciate that, I have a document relating to the commencement of sections of legislation, which is relevant. I mention the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 and the Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018. I mention also the Merchant Shipping (Registration of Ships) Act 2014, which was enacted over four years age. All this legislation is under the Minister's Department.

I asked about the Construction Contracts Act 2013 earlier today, which is badly needed. We pass Bills, and it may be the same with this one, but when are they commenced? I refer to sections of the Road Traffic Act 2016. I have been delving into the sections of many Bills but this issue relates to transport.

I refer to the issue of L plates. I have great admiration for young people. Mol an óige agus tiocfaidh sí. Driving is an important skill to have and that applies whether one is living in Dublin, Clonmel, Carrick-on-Suir, Thurles, Nenagh, Rearcross or elsewhere. Young people are entitled to respected and to be allowed to drive. Many young people in the country, especially if they are farmers or are friends of farmers, get great experience on the land and not on the road. That is from a young age and they are accompanied and trained well.

Nowadays one has to have 12 lessons from an officially recognised tester. That is good legislation and is very important and valuable for young people because they get that tuition. Parents might not always be the best teachers. I have a family of eight and many of them did not get those lessons but got them from my wife or myself. Since that legislation came in, 12 lessons have to be obtained from approved testers and that can cost anywhere from €350 to €500. It is a lot of money but it is money well spent. Like Deputy Healy-Rae and others, I am anxious that we have simulator testing on the syllabus in schools. The Abbey School in Tipperary town has had that for a number of years for transition year, TY, students. It created a track as it was lucky to have the space. An experienced driving instructor comes in and the students do that as part of their TY studies. That is a very good programme of which I am all in favour. Some of the students, however, do not get as much benefit from some of the courses as they should. This, however, is a practical, hands-on course. Girls and boys learn to drive, pay for lessons and get good experience from the tester, Mr. Joe Quinn. He has arranged this with the school, which I salute. We need more of that. The Buttimer family in Cahir is applying for a new racing track. The planning application mentioned that it is hoped to use that track as a simulator course for young people to learn how to drive.

It is not only young people who need to learn to drive but some older people as well. We have people returning from America and different places. If they are gone for a number of years, they lose their licence. They have to start off with the theory test, which was not there when I did my test. It only came in quite recently. They have to do lessons before they do their test. There are many things that can be beneficial. We would have liked to have worked with the Minister on this but he refused to engage or to discuss it with us.

The delay in getting a driver test is a big issue. It is the same no matter what age one is but more often it affects young people. It varies across the country. I do not always listen to Mr. Joe Duffy on "Liveline" but recently there was a debate on the programme about failure rates. They are very alarming in some places. They vary greatly between urban areas and between rural areas. We had a second test centre in Tipperary when the national car test, NCT, centre opened. We lobbied the Minister and another centre was provided in Cahir but it was closed a year or two later. I think the reason was that there were no traffic lights in the town other than pedestrian crossings. I am not sure but it was alleviating the waiting list and backlog in Tipperary.

I know the testers, and there is not a week that goes by that parents or the young people themselves are not looking for an appointment to take a driving test. They have to wait to get it. It is daunting. I remember quite well doing my test. One gets nervous, like any test. There is competition and a person can feel a bit on edge. He or she is driving, doing his or her best, but cannot communicate with the tester. If a person fails the test, he or she cannot reapply for a full month. That person will have done the theory test and taken all the lessons, which takes a good number of months. He or she builds up confidence and gets the sign-off from the driving instructor when ready. The driving instructors use their intuition, and I praise them for the help, encouragement and enthusiasm they give to those young people, and indeed to new drivers from here and abroad.

When those people go for the test, many anomalies crop up. I read out a list of such anomalies on the previous occasion, and I do not want to be repetitive. People fail tests because the rubber has gone off the little handle that allows the seat to go backwards and forwards, or because there is a cap on an expansion tank overflow. This can happen to a car that passed the NCT four days earlier. Are we contradicting or overriding the NCT tests?

There are other inconsistencies in testing. There is often no shed or covered area available to inspect the car in. I am aware of many people who have turned up, by appointment, for tests on a wet day. Those people did not choose the weather but there was no visual inspection of the car because it was too wet. I am aware of one instance where a person travelled to the testing centre in Clonmel only for the tester to decide that it was too foggy, even though the person had to drive to the centre from Cappawhite, which is 30 miles, with an accompanying driver in the fog. Driving is done in all kinds of conditions. It is not easy. I am aware of someone who failed because it was too frosty.

I agree with the Minister when he says that no-shows must be punished and taken out of the system, because they are taking slots from others. I fully accept that. Those people should be able to give notice. Of course, something might happen on the morning of the test, such as an accident or the person being ill, but I do not give any credit to people who decide not to do the test because they want to delay it and do not inform the test centre. That is a slot gone for someone else.

On the previous occasion I gave the Minister figures on the number of testers that have been recruited since 2014. I asked him a question and he did not answer it. Of the 26 recruited, only a small number had been put to work. Even though they applied and got the job they were not functioning as employees. Perhaps the Minister will clarify whether there is an issue with the trade unions. I do not know whether there is an issue, but I have heard it suggested, and I would be very concerned if that was the case. Everybody who cannot get a test is being discommoded. I would like to see a system in place where a person can book a test once he or she has completed his or her lessons.

If a person fails for one of the reasons I mentioned, including the weather or an inspection which reveals that some manual instrument in the car is not working, there should be a fail advisory issued. If one is good enough to drive, a fail advisory should be issued and the problem could be sorted out. To fail the whole test and have to go back through the system again for a month is wrong. For that month that person in rural Ireland, who may have failed for something I feel should be advisory, is going to be criminalised, especially if his or her parents, guardians or somebody else he or she trusts in his or her friendship circle cannot be with him or her. That is very unfair. The legislation the Minister is introducing is going to criminalise that person, and indeed the car owner, if he or she is stopped at a checkpoint without a full licence. Parents ring me all the time - I am sure the same is true for other Deputies - whose children have just finished secondary school and who hope to go for an apprenticeship or college, and if they want to travel-----

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