Dáil debates

Wednesday, 10 November 2021

Road Traffic and Roads Bill 2021: Second Stage

 

This approach allows us to take advantage of the existing legislative framework for mopeds and motorbikes in the Road Traffic Acts and in other legislation, in respect of registration, driver training and licensing and so avoids the need to establish new bodies to carry out these vital functions. This also aligns our national rules for e-bikes with the approach taken in other jurisdictions and with the European vehicle type-approval framework, Regulation 168/2013, which sets out the rules for two- and three-wheeled vehicles. As we already have a legislative framework in place for bicycles, and for light mopeds, the provisions governing e-bikes will come into effect soon as the Bill is signed into law and subsequent regulations will not be needed.

The programme for Government also committed to address the antisocial use of scramblers, quads, and other similar vehicles. This is a long-standing problem, which can range from a nuisance to a serious danger to health and to life. People who take these vehicles to public amenities can ruin the use of those amenities for the communities the amenities are meant to serve. We can all agree that we want to put a stop to this. I know that a number of Deputies have put down Private Members' Bills over the years on this topic. Getting the legislation right has not been easy, and I would like to thank the Attorney General for his personal input in getting this right. What we will do operates on three levels. First, there will be a new power to specify in regulations that certain types of vehicle are banned from certain areas. This will allow the flexibility needed to deal with this problem on an evolving basis. For example, it would mean that if regulations were made which resolved the problem in some areas, only for the problem to move to different areas, new regulations could be made quickly to address that. Second, there will be a new Garda power to seize and dispose of vehicles, whether at the scene of the offence or at the location where the vehicle kept. The second part is important because it is often the case that the gardaí cannot intercept a scrambler or quad when it is being misused without risking the safety of bystanders, or indeed of the rider. Finally, we will be amending the offence of dangerous driving, so that it will apply in all locations and not just in a public place. Taken together, these will allow for flexible regulations to address the problem, appropriate offences, and appropriate Garda powers to deal with it on the ground.

I would like to add that the problem of antisocial use of quads, scramblers and so on, is not something we can address just by legislation. I know that the Garda and the Department of Justice have worked on community outreach programmes to address the roots of this problem. There have also been suggestions of a register for these vehicles. There are, however, many difficulties with this. My officials are looking into possible solutions, but one of the many difficulties is that these vehicles often change hands for cash quite a number of times, and it would be very difficult if not impossible to keep track of them.

Deputies will be familiar with the BusConnects project. BusConnects is a programme under the NTA which is aimed at providing major improvements to bus services in our urban areas. The programme will deliver great improvements in bus priority and the reliability of urban bus networks, and will enable us to attract more people onto public transport, reduce congestion and emissions, and enhance the quality of life for all. At the same time, BusConnects will provide an additional 200 km of cycle lanes. BusConnects will require significant development work which will need planning approval. The proposed amendments are deemed essential in order to clarify and strengthen existing legislative provisions and in doing so deliver vital support to the NTA's planning application for the delivery of BusConnects. It is important to ensure that the programme's progress through the planning system is not unnecessarily impeded due to potential deficiencies which may exist with current legislative provisions, and the amendments proposed will ensure Government's ambition off the area of megaproject delivery is complemented by a robust and appropriate legislative framework.

Transport Infrastructure Ireland, TII, is currently in the process of introducing a system for enhancing Motorway Operating Services, eMOS. The system involves dynamic management of traffic through gantry display of signs which can include temporary lane closures and also temporary speed limits. This system is designed to improve traffic management so that there will be smoother traffic flow, and also to enhance safety. For example, if traffic started to build up on the northbound carriage at a particular junction, eMOS would allow TII to slow the traffic heading towards that junction to give time for the build-up to disperse. Equally, if there were to be severe weather conditions, eMOS would allow lower temporary speed limits to be put in place. Enforcement will be though cameras only. The camera system will take simultaneous photos of a vehicles and the displayed speed limit, so that it can be shown that a vehicle was breaking the limit displayed at the time.

This system is already being tested and Deputies may have seen the gantries for display. However, we need to amend the legislation to allow it to operate fully. This will involve two aspects in legal terms: the power to set the speed limits or close lanes temporarily and the power to display the signage. Proposals in the Bill are intended to cover this. However, it is a complex area and setting speed limits on this temporary basis such as, say, lowering them on a stretch of the M50 at 5.46 p.m. and then raised again at 6.03 p.m. is something entirely new in Irish law. It may be that further amendments will be necessary over and above what it is in the published Bill, and if so I will introduce them during the passage of the Bill.

The Bill will also allow the possibility of applying eMOS on other motorways or national roads, or on parts of them. There are no specific plans to do this, and any consideration of future application of eMOS to other roads will of course take into account the lessons learned from the M50 project, as the joint committee suggested in its pre-legislative scrutiny report. In addition, any future proposals would of course have to be accompanied by a business case which justified the proposed measures in the proposed location.

I mentioned database issues earlier. Two separate matters are addressed in the Bill which relate to data storage and usage. First, my Department already holds the legal records of driver licences and vehicle ownership in Ireland as part of the national vehicle and driver file, NVDF. In spite of the name, there is at present no link between the vehicle ownership files and the driver licence files. The effect is that, for example, if the Garda checks a number plate, it can find out who the vehicle owner is but cannot get any information on the owner's driver licence record. This can create problems for enforcement, not only at the roadside but also afterwards.

There are sometimes problems linking the details of a road traffic offender to licence record. This can mean that person who gets penalty points or who is disqualified by a court may not have their points or their disqualification noted on their NVDF record because the person cannot be linked to a specific driver licence record. We will address this by ensuring that unique identifiers - a driver number if possible or a PPSN if necessary - will be captured when people register ownership of a vehicle. This will then be used to ensure that the record can be linked with a vehicle ownership record relating to the same person. We are also bringing in amendments which will finally allow the completion of a national database of motor insurance policies. Legislation for this project was first passed in 2010.

I think I have run out of time.

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