Marie Sherlock (Dublin Central, Labour)
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Go raibh maith agat a Chathaoirligh. I thank the Minister of State for taking this question. We had to postpone to tonight so he could be in the Chamber to take this. My question relates to commercial vehicle roadworthiness testing centre operators and tester regulations. I very much support improvement and adherence to the highest standards regarding commercial vehicle testing. I also very much support the concept of a 15-minute city and keeping services as close as possible to where they are needed. I support initiatives to reduce congestion and we have obviously had a lot of debate about the M7 over the past week and the carpark it has become, and the M50 has of course been incredibly congested for a number of years. The programme for Government states, "This Government will: Support the [logistics and road haulage] sector to ensure the efficiency of the supply chain and to maintain competitiveness" and the Minister of State has special responsibility for this area. There is also a commitment in the programme for Government to try to reduce the emissions from the logistics and road haulage sector. That applies to a lot of the vehicles, especially the commercial light goods vehicles that are in question here with respect to their annual testing and where they are tested.

My frustration is with SI No. 475/2022 which effectively mandates a series of improvements to light goods commercial vehicle testing centres. I support most of these improvements but one relates to the specific need for a drive-through. I did not get a specific answer to the key question I asked of the Department two years ago on the technical and engineering justification for a drive-through in these commercial vehicle roadworthiness testing centres. While we do not know that explanation, we know the regulations that will come into force on 18 March 2027 will result in the closure of at least four testing centres across the country and the loss of associated jobs. Those centres will be lost in Dublin’s north inner city, in Coolock, Greenhills, Ballymun and in many other parts of the country where it is not possible to introduce a drive-through.

I will give the Minister of State an example because this has come to my attention through William O’Brien Motors in the north inner city, in my constituency. It was set up in 1993. In 2012 it was asked by Dublin City Council to move to a premises – the only premises that could be found in the north inner city to facilitate such testing - because the council wanted to keep it in the city centre. Bear in mind the council asked William O’Brien to move in 2012 notwithstanding that there was guidance in place since 2004 and there was no intervention or interference then by the Road Safety Authority or the Department of Transport in the move to the current centre. It is 8,500 sq. ft. of which 4,250 sq. ft. is currently allocated to testing. If the Minister of State was to walk into that centre he would see it is capable of a 360 degree turn. It does not have the capacity for a drive-through but it is entirely safe in terms of how it is laid out. William O’Brien Motors has been fighting and debating with the Department over a number of years now about the need for this drive-through. A person from the Road Safety Authority came out a number of weeks ago and tried to provide helpful suggestions as to how William O’Brien Motors could comply with the regulations. The key issue is it would wipe out William O’Brien’s business. If he was to comply with the regulations it would effectively do away with all the other things he would need like a waiting room, toilets and office space. My question to the Minister of State is whether he wants places like this to close down out of the communities in which they are serving.

Seán Canney (Galway East, Independent)
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I thank the Deputy for the question. Commercial vehicle roadworthiness testing, CVRT, in Ireland is largely based on the EU roadworthiness directive, which is Directive 2014/45/EU. Although the directive has not set specific standards, it requires the provision of modern, up-to-date testing facilities to ensure all tests are carried out in accordance with the directive. While as Minister of State I have responsibility for the legislation governing commercial vehicle testing, the Road Safety Authority has statutory responsibility for the operation and oversight of the system, including the authorisation of CVRT facilities and operators. The standards required for CVRT premises were set out by the Department of Transport in 2004 but implemented differently by the local authorities. The need for existing CVRT premises to meet these standards has been discussed since 2013. In 2019, the operators were made aware their premises would need to meet the new standards, including drive-through lanes, to renew their authorisations in 2024.

In 2022, new regulations, SI No. 475/2022 - Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2022, amended SI No. 107 of 2013 to set out new standards for the authorisation of CVRT operators, including the requirement for drive-through lanes.

The regulations supported revised requirements in the RSA's premises and equipment guidelines, with which CVRT operators must comply to obtain or renew an authorisation in accordance with the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012.

Among other things, the new regulations set out the minimum standards required for currently authorised testing facilities to renew their authorisation for the next ten-year period. They also delayed, for three years, those requirements for CVRT operators whose premises did not meet the new standards on expiry of their previous authorisation in March 2024 until March 2027. This three-year grace period, introduced because of Covid-19, gave authorised operators the opportunity to review the new standards and make informed decisions on whether to make the necessary investment to comply with them as well as sufficient time to carry out any upgrades.

The RSA has informed the Department of Transport that the majority of CVRT operator authorisations issued under section 11 of the 2012 Act will expire in March 2027. The RSA has also advised that the majority of operators whose authorisations expired in 2024 already meet the required standards and will be able to renew their authorisations for ten years to 2034. Others will have to decide whether to upgrade their premises in order to continue as authorised operators after March 2027.

Overall, the changes will mean consistent standards in roadworthiness testing facilities for the Irish commercial fleet.

Marie Sherlock (Dublin Central, Labour)
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I hear a very clear admission by the Department that the directive does not set out specific criteria regarding a drive-through lane. The business I am talking about serves Dublin's docklands. Businesses from Tipperary and other parts of the country bring their vans to be tested there because they are up in the docklands early in the morning and can get those vans tested during the day. It does not just affect companies in Dublin; it affects companies right across the country. I did not hear the Minister of State say that he has taken responsibility for this issue. This Government is talking about trying to reduce congestion and improve competitiveness for the logistics and haulage sector but it is going to force commercial vehicles to go out past the M50 to get tested. It makes no sense. The Government is playing into the hands of the big business of commercial vehicle testing centres and will put the small fellas out of business. That is wrong. It is also going to mean a loss of jobs, which is wrong.

Will the Minister of State find out which companies are going to lose out? He has spoken about the majority but not all companies can comply with the new regulations. I have yet to hear why exactly the RSA wants a drive-through lane. No engineering rationale as to why that is necessary has been put forward. The RSA seems to have arbitrarily decided that this should happen. I want the Minister of State to find out which companies are going to have to close because of this. In all good conscience, does he believe that is good enough for companies in Dublin or companies across the country that use Dublin's docklands every day and bring their cars to Dublin for testing? It is a nonsense to say that Dublin's docklands need to be developed and that it is the jewel in the crown with regard to trade in this country if those operating at the docks cannot get their cars tested close to their place of work.

Seán Canney (Galway East, Independent)
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There are currently 147 authorised commercial vehicle roadworthiness test operators. I will list the expiry dates for their authorisations. Sixty will expire on or after 18 March 2034 and seven will expire between 18 March 2027 and 18 March 2034. Their premises will also comply. Sixty-nine expire on 18 March 2027 and 11 operators have informed the RSA that they will not continue to operate after that date. Of the 69 companies whose authorisations are expiring, 51 are at different stages of completing their upgrades. Seven have works completed, 19 are in the process of carrying out the works, 13 are seeking quotations and a further six have planning approvals. One more planning approval is with the Department. Plans have been approved in two cases but it is not yet confirmed when works will commence. Plans have been submitted to the RSA and responses have issued to the operators in three further cases.

I take on board the point that some people might face a financial impediment in continuing. I will talk to the officials and see if I can get a reason that those operators must have a drive-through lane. These regulations were introduced in 2022. We are a long way down the road of implementing them. If we were to change them now, it would do a disservice to those who have already undertaken these investments. It is a double-edged sword. I will check that out. From reading these figures, it seems that many of the operators are in compliance with the standards or are in the process of complying with them. Of course, some have said they will not continue. I do not know if all of those decisions were made for financial reasons. Some may be retiring or so on. I will have a look at that.