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Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: Sure.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I do not think so.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I do not dispute what the Deputy is saying. The point I am making is that the Bill deals primarily with urgent issues such as drugs and written-off vehicles. The Deputy has raised a specific issue, the urgency of which does not match the urgency of some of the others we are addressing in the Bill. I do not want the Bill to be delayed for months; I want to see enacted as soon as possible....

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 36:In page 16, between lines 15 and 16, to insert the following:“Amendment of section 22 of Road Traffic Act 2002 21. Section 22 of the Road Traffic Act 2002 is amended— (a) by substituting for subsection (1) (inserted by section 63 of the Road Traffic Act 2010) the following:“(1) Where a person is convicted of an offence under the Road Traffic Acts...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 37: In page 17, between lines 20 and 21, to insert the following: “Amendment of Part 4 of First Schedule to Road Traffic Act 2002 - penalty points 22. (1) Part 4 of the First Schedule to the Road Traffic Act 2002 is amended by substituting the following for the entry at reference number 8: " Reference Number (1) Offence (2) ...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I am puzzled by the amendment.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: As I said, I am puzzled by this proposal. It has been an offence since 2006 to hold a mobile phone while driving. Regulations were introduced in May 2014 by the then Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, which prohibited texting from hands-free mobile phones, for example, mobile phones held in a cradle on the dashboard. This addressed a loophole which had allowed...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: Yes; it has been an offence since 2006 to use a mobile phone while driving.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 39:In page 18, between lines 22 and 23, to insert the following:“Amendment of section 4 of Vehicle Clamping Act 2015 24. Section 4 of the Vehicle Clamping Act 2015 is amended— (a) by substituting the following for subsection (1):“(1) Before making regulations under this Act (other than under section 15)the NTA shall—(a) consult with the...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: That is the case. The NTA will do that. The changes proposed in amendment No. 39 are technical amendments to section 4 of the Vehicle Clamping Act 2015 and are designed to correct an error in the Act. The Act has implications for the regulation of clamping activities wherever they are operated and, upon commencement, the NTA will assume the function of regulating clamping activities in...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I thank Deputy Ryan for tabling this amendment. When the Deputy speaks for the Clancy family he is speaking for a large number of people in this country. When I saw that case reported on the news the night it happened I rang the head of the Road Safety Authority and asked what the situation was and whether legislation should be introduced to remedy the awful problem highlighted by the...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: The Deputy is right in principle. I believe it is fine in principle. The reason I am reluctant to accept it now is that I wish to examine it more closely to see what the implications are for other areas of legislation for drink driving and whether it would undermine those offences in any way. We will probably need serious legal advice on it. The other issue is that the regulations to...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: It is not identical but is very similar to what Deputy Ryan wanted to introduce. As I have already said, I have asked my officials to examine this as a serious and urgent matter, in consultation with the Office of the Attorney General, whose advice is being sought as to theviresto introduce such an offence on the part of the registered owner of a vehicle. The idea has merit and my officials...

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 45:In page 18, line 37, after “residence” to insert “on the date of the offence”.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: There is none that I know of. A convention in 2002 was the basis of this but it did not work, on account of differences among laws and in regard to issues such as timing, so it was dropped in either 2013 or 2015. Now we need new legislation to have mutual recognition with the UK.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 46:In page 20, line 36, after “residence” to insert “on the date of the offence”.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 47:In page 21, line 12, to delete “he or she” and substitute “the licensing authority”.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 48:In page 21, line 12, to delete “his or her” and substitute “its”.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 49:In page 21, between lines 33 and 34, to insert the following:“ “provisional licence” means a provisional licence issued in Great Britain or Northern Ireland;”.

Select Committee on Transport, Tourism and Sport: Road Traffic Bill 2016 (Seanad): Committee Stage (30 Nov 2016)

Shane Ross: I move amendment No. 50:In page 21, after line 40, to insert the following: “Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002 26. Section 9 (as amended by section 52 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012) of, and the Second Schedule to, the Road Traffic Act 2002 are repealed.”.

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