Joe Carey (Clare, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on the Road Traffic and Roads Bill 2021. It includes provisions related to automated vehicles for the first time in roads legislation. These vehicles are already being designed, built and tested in a new research hub in Shannon's industrial complex, with links to drone technology using the airport in Shannon. I have had the pleasure of visiting the cutting-edge facility of Jaguar Land Rover on many occasions. It uses cutting-edge technology. High-end research is involved. The facility employs 300 highly skilled people. The new technology will require much more comprehensive legislation, but this Bill is a welcome first step.

This legislation makes amendments to 11 Road Traffic Acts, along with 42 other Acts. It might be time for the Department to take another look at this and perhaps work on consolidating the roads and traffic legislation.

Since we are talking about legislation, rules and regulations, it may be time for us to have a national debate on updating the rules of the road and updating all drivers, cyclists and pedestrians on the current rules through advertising and the use of apps.

A major part of this legislation deals with allowing powered personal transporters, including e-scooters, to travel legally on our roads, and possibly cycleways and greenways.

One of the major sources of complaints from other road users is the lack of adequate lighting on these vehicles and their visibility. Another source of complaint is the use of high-intensity flashing white strobe lights on these vehicles. I note the use of helmets is not being made mandatory in the legislation but I believe the medical evidence is conclusive regarding the use of helmets preventing serious head injuries and we must give the greatest encouragement to the wearing of helmets while using these vehicles.

The Bill includes an extension of the ban on the use of mobile phones on these transporters. I ask the Minister to also consider the issues and impacts of using headphones and ear plugs while using these vehicles.

I see no reference in the Bill to battery powered or electric powered mobility vehicles, which are increasingly seen on roads and pavements. Is there a need to issue a new set of rules for the usage of those vehicles as well? Several charities have lobbied me and every other Member regarding the problems that may arise for the blind and visually impaired in the context of the parking and use of these vehicles. The problems encountered in cities such as Brussels seem to involve rental units that do not have designated parking bays. In light of media reports that up to 20 different companies are eyeing up opportunities once the legislation is passed, I ask that the Minister issue guidelines to local authorities in respect of the storage of these vehicles.

Several sections in the legislation relate to driver licences, the database of licence holders and linking these to vehicles owned or used by the driver. What protections are in place to prevent the database being hacked, as recently happened to the HSE? Has the RSA IT security system been audited to prevent this sensitive personal data being hacked and used for criminal purposes?

While on the subject of driver testing and licences, I wish to raise the issue of 34 RSA driver testers who are set to lose their jobs if sanction is not given to retaining them in their posts. It is my understanding that ten of the 34 testers are to be let go in December, with the remaining 24 to be let go in May. These people were hired in a costly recruitment campaign in 2017 and 2018. Their contracts have been repeatedly extended. The only reason the posts are not being secured is for some reason the RSA and the Departments of Public Expenditure and Reform and Transport do not want to make their positions permanent. This is at a time 66,000 people are waiting for a driver test, as Deputy Richmond noted earlier. These are a cohort of approved RSA driver testers. The very idea that these highly-skilled people will be let go at this time is ludicrous. I ask the Minister to ensure the positions are secured. I ask for his immediate intervention on that issue.

The Bill seeks to change the criteria in respect of penalties for expired licences and reduce the time limit from 12 months to three in the context of a lower fine. However, the State has introduced ten- and 12-month extensions to licences due to processing delays as a result of Covid. We do not know what the future will hold and, therefore, I advise the Minister to withdraw the amendment in section 5(e).

I refer to the need for medical certification for the over 70s. With people now living longer and being fitter, we need to review whether that is the right age at which to introduce this requirement. There may be a need to introduce a simpler initial form to confirm the basic health conditions of drivers and whether they are compliant. A more detailed form could then be completed. There is the added complication of insurance companies using this age limit to refuse cover, or add a loading to the premium of, perfectly healthy drivers.

While on the issue of insurance companies, we need to examine the use of these databases to penalise some drivers while not seeing any benefits to other drivers. Garda forensic collision investigators have investigated all accidents involving death and serious injuries for the past two decades. I believe these reports needs to be published. A preliminary report should be published in respect of all deaths and serious injuries on the road network, as is done in the marine and aviation sectors, within four weeks of the basic findings. It is often the case that findings are only partly released to an inquest, in many cases more than a year or two later. There should also be an annual report on all the relevant factors in these deaths and serious injuries on roads. Is the collision investigation unit fully staffed? Some media reports have suggested that only half the posts required were filled.

I also have concerns regarding section 6(c), which imposes lifetime bans on people convicted of one or more of a long list of offences from becoming driver instructors. I am not sure if that is constitutional. It certainly does not take account of any form of rehabilitation. Should we prohibit a person earning an income based on something he or she did 30 years previously?

I see no reference to dash cameras in the Bill or their use as evidence in prosecution and claims in the High Court or other courts. That should also be considered.

I look forward to the passage of the Bill.

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