Ivor Callely (Dublin North Central, Fianna Fail)

This Bill represents a further significant step in the development of a code of road traffic law that underpins and promotes road safety. The Bill was initially published on 11 June 2004 with the immediate focus of supporting the introduction of a new system of speed limits based on metric values. In the interim period the Comptroller and Auditor General published a report relating to the operation of the fixed charge and penalty points systems. This report, which was discussed before the Committee of Public Accounts, highlighted a number of issues relating to the operation of these systems. My Department is also aware of issues raised with regard to prosecutions for speeding offences detected by gardaí using hand-held speed detection guns. Following the advice of the Attorney General, the Bill includes a range of provisions to address those issues. The Bill also contains an important provision regarding vehicle insurance, which has also been added to the scope of the original Bill.

In many instances sections of the Bill provide for relatively minor, though necessary, amendments to provisions in existing enactments. For the purpose of today's debate, I will focus on the main provisions. Part 1 contains the standard title, citation provisions and outlines definitions for key phrases and words that appear in the text. Part 2 provides for the introduction of a new system of speed limits based on metric values. The current system has its legislative base in the Road Traffic Act 1961 and was last reviewed in 1992 and 1994. Senators will appreciate our road network has seen major investment and improvement over the intervening years and this has been a significant contributing factor in our improved road safety performance.

It is important to ensure that speed limit structures are consistent with the road network, that they retain their central focus on safety and, in particular, that the system is relevant having regard to modern traffic and road conditions. In addition, there are grounds for suggesting a need for greater flexibility in policy regarding the manner in which speed limits are applied. These requirements prompted the decision to carry out a comprehensive review of current speed limit structures and policy last year. That review, allied to the determination to adopt metric as opposed to imperial speed limits, provides the background to the proposals in this part of the Bill.

The House will be aware that the target date for the introduction of the metric system for speed limits is 20 January 2005 and that determination is the main reason this Bill has a relatively tight focus. Section 4 empowers the Minister for Transport to determine the maximum speed limits that should be applied to vehicle classes through the making of regulations. Ordinary speed limits are currently applied in respect of a very small group of vehicles, in particular to buses and heavy goods vehicles. This provision remains essentially unaltered from that which has applied since 1961.

The Bill provides four default speed limits. Section 5 provides that the speed limit in built-up areas will be 50 km/h. This replaces the present 30 mph built-up area speed limit. Section 6 introduces a new speed limit of 80 km/h to apply to all regional and local roads outside of built-up areas. This is essentially equal to 50 mph and replaces the present general speed limit of 60 mph on these roads. A new speed limit of 100 km/h, which will apply to all national roads outside of built-up areas, is provided for in section 7. This speed limit will replace the present general speed limit of 60 mph on national roads outside urban areas. Section 8 establishes the speed limit for motorways will be 120 km/h, which replaces the current motorway speed limit of 70 mph.

The majority of the regional and local road network is of a lower infrastructural standard than that of national roads in terms of design, road engineering and maintenance. A default maximum speed limit of 80 km/h is considered the best road safety match for the majority of these routes. This new limit will result in a reduction of approximately 16 km/h, or just over 10 mph, in the speed limit applying in respect of over 90% of the rural road network. Local authorities will be in a position to apply the higher speed limit of 100 km/h on specified stretches of regional and local road where they deem such action to be appropriate.

The speed limits provided for under sections 5 to 8 will apply automatically to the roads in question, save where it is determined that there is a requirement for them to be replaced. The replacement of a default speed limit will continue to be facilitated by the making of special speed limit by-laws by county and city councils. This will be provided for in section 9.

The concept that decisions regarding the application of special speed limits should be taken by the major local authorities was introduced in the Road Traffic Act 1994. Such decisions are reserved to elected members. This devolution of power from the Minister to members of local authorities has served us well. Road users should be confident that each speed limit is applied in a reasonable manner and that in each case it reflects road safety considerations and the capacity of the road in question. For that reason section 9 incorporates a number of changes to the process relating to the making of special speed limit by-laws. For that reason section 9 incorporates a number of changes to the process relating to the making of special speed limit by-laws. Subsection (4) introduces a new public consultation process through which members of the public can submit objections to a council's proposals. The prior consent of the National Roads Authority to all proposals relating to national roads will continue to be required and the current arrangements relating to consultation with the gardaí and urban local authorities will also remain in place.

The section also provides that the Minister for Transport can issue guidelines to local authorities to which they must have regard in making their by-laws. This takes cognisance of the onerous task involved in the determination of the application of special speed limits and will ensure that the greatest possible level of support will be given to local authorities.

The range of speed limits that may be deployed as special speed limits include the values of 120, 100, 80, 60 and 50 km/h and local authorities can apply special speed limits of 30 km/h and 60 km/h. The availability of the use of the 30 km/h speed limit will allow councils to impose a legal requirement on traffic to adopt very low speeds at locations sensitive from a road safety perspective. For that reason, the use of that speed limit must be in accordance with the guidelines issued by the Minister. International experience has shown that the deployment of such low speed limits is only effective when accompanied by appropriate traffic calming measures. The House will note that the application of the motorway speed limit of 120 km/h on dual carriageways on national roads can only be pursued in accordance with the guidelines.

Another new initiative in this section will allow local authorities to make provision in by-laws to apply different speed limits on separate carriageways of a road and to apply special lower speed limits for specified periods of the day, for example in the vicinity of schools during the times children are entering and leaving school.

Section 10 introduces a new concept that provides that in the event of road works, a city or county manager may make an order determining that a speed limit other than that which normally applies at the road works site should be put in place for the duration of the work, up to a maximum period of one year. It is hoped we will not have too many of those. Section 11 provides for the substitution of section 47 of the Road Traffic Act 1961 which establishes that it is an offence to breach a speed limit.

Section 12 provides legislative support for the transition period that will apply in advance of the metrication date. The changeover to the metric system will entail the provision of over 58,000 metric speed limit signs to serve the 96,000 km of public road network. The 34 city and county councils will commence the changeover of signs at least three days prior to 20 January 2005 with the objective of having in place all metric signs to support the official changeover to metric values at midnight on 19 January. Each new sign will display the value of the maximum speed limit in figures together with the unit km/h to signal that metric units of measurement apply.

Special information signs notifying road users that speed limits are in km/h will also be provided. The initial focus for the deployment of these signs will be on cross-Border roads and on exit roads from ferry ports and airports. An intensive multi-media public information and awareness campaign will kick off in early January 2005 to herald the new speed limits system. A dedicated website will also be available.

Section 15 responds to an issue raised in recent court cases by providing clarity on the evidence from the operation of all forms of equipment used by the gardaí in the enforcement of speed limits. Part 3 introduces a number of adjustments to the administration of the fixed charge and penalty points systems introduced under the Road Traffic Act 2002.

Section 18, which introduces a number of changes to the fixed charge system, incorporates a provision through which the Minister for Justice, Equality and Law Reform can engage third parties in functions relating to that system. The functions that can be outsourced are of an administrative nature and have no direct relationship with the detection work of the gardaí and traffic wardens. Other amendments include recognition of the fact that the return of the actual fixed charge notice on payment of a fixed charge will only be required where specified. In practice, this will mean that it will apply in the case of a penalty point offence only and the introduction of an express statement to the effect that the payment of a fixed charge shall not be accepted after the expiration of 56 days.

As the House will recall, between the time of the publication of this Bill and the Second Stage debate, a report published by the Comptroller and Auditor General into the operation of the fixed charge system by the Garda was the subject of consideration by the Committee of Public Accounts. That report raised a number of issues that needed to be addressed as quickly as possible to confirm the deterrent effect of both the fixed charge and penalty points systems. One of the issues on which that report focused was that of corporate registered owners of vehicles.

The Road Traffic Act 2002, which introduced fixed charge and penalty points systems, establishes requirements with which a registered owner must comply. For example, a registered owner is required to furnish the name of the person driving the vehicle at the time of the commission of the alleged offence. However, having regard to the Comptroller and Auditor General's report, new provisions needed to be introduced to provide for a greater degree of responsibility for registered owners, especially where the corporate ownership of the vehicle is concerned. Sections 19 and 20 respond to the potential that may exist for corporate owners of vehicles to escape their responsibilities. The House will agree that such potential threats, where identified, should be addressed on the basis that every attempt must be made to heighten the deterrent effect of the fixed charge and the associated penalty points system.

Section 21 provides for a restatement of the requirements on defendants in court proceedings relating to the majority of traffic offences to present their licences to the court. Section 22 provides for a number of amendments to the operation of the penalty points system. Of key significance is the addition of the offence of driving without reasonable consideration to the schedule of offences. This offence will attract four penalty points on conviction in court and two penalty points on payment of a fixed charge.

Part 4 presents a range of miscellaneous amendments and initiatives across a number of areas. Section 26 amends section 35 of the Road Traffic Act 1994 which relates to the control and regulation of traffic and parking. The purpose of the amendment is to allow for the issue of permits for a range of functions and for the imposition of charges for such permits. A power of inspection in respect of such permits is also being provided for the Garda and, where appropriate, for traffic wardens.

Section 27 provides a response to concerns expressed by representatives of the emergency services on the need for greater clarity as to the circumstances where emergency vehicles can be exempted from requirements, restrictions and prohibitions imposed under the Road Traffic Acts. However, it must be understood that the application of any exemption is subject to the overriding prerequisite that road users must not be endangered.

Section 30 introduces a new offence relating to the supply of mechanically propelled vehicles to minors. The new offence will apply to the supply of all mechanically propelled vehicles to persons aged under 16 generally. However, persons aged 16 but under 17 years are legally entitled to hold a licence to drive certain vehicles and this is reflected in the section.

Section 33 has been introduced to provide for a new power to enable gardaí to demand production of driving licence or provisional licence subsequent to the commission of a road traffic offence. This issue was also raised in the Comptroller and Auditor General's report. The amendment is necessary to ensure the efficient operation of the penalty points system.

The primary provision of Part 5 is section 34 relating to the law on motor insurance. This is a sensitive issue. I cannot emphasise enough that this change is not for the ease of the insurance companies. Its only purpose is to protect all road users by ensuring that motorists can continue to have access to sufficient insurance cover in a changing insurance market internationally. The reason for the amendment is quite simple — a substantial risk exists that in the near future insurance companies will not be in a position to provide cover for motorists as required by law. Under Irish motor insurance law, motorists must have cover for unlimited liability for personal injuries to third parties. Up to now, the industry has been in a position to provide such cover by re-insuring the risk with specialist re-insurance companies. Reflecting re-insurance market conditions, Irish insurers now expect their re-insurers to refuse to cover them for unlimited liability motor cover in the future. The industry holds that if companies are refused re-insurance cover they will not be in a position to provide unlimited cover to motorists. The amendment to insurance law, proposed in section 34, will enable the Minister to replace the requirement for unlimited cover with a specified level of cover for motorists to obtain insurance and continue to use their vehicles. The amendment will not change the existing arrangements but will enable a change to be made in the future, if necessary. Any proposal to change the unlimited cover requirement and the specific limit would be subject to the approval of both Houses of the Oireachtas. The provisions in section 34 specify the maximum fine for the offence for not having insurance and, consequently, section 35 provides for the deletion of the reference, as specified, in the Road Traffic Act 2002.

The key determinant of road safety performance is the behaviour of road users. The primary focus of our strategic approach to road safety is to influence positively the behaviour of road users. This can be attained through initiatives, such as the enactment and enforcement of laws that promote good road user behaviour. This focused Bill contributes to the overall approach to road safety policy. It provides for changes to traffic laws that will have a direct impact on road safety and support for their enforcement.

Senators will appreciate the particular time considerations associated with the passage of the Bill and for that reason its scope is limited. In particular, it does not address random breath testing, a recommendation of the new road safety strategy. The Minister for Transport, Deputy Cullen, indicated this is an issue of ongoing deliberation between the Department and the Attorney General. While that deliberation is at an advanced stage, it would not have been appropriate to address that sensitive and important issue in the Bill. The new provisions in the Bill will add further value to the Government's pursuit of its overall strategic approach to road safety. I look forward to the co-operation and contribution of Members in facilitating the passage of the Bill. I commend it to the House