Seanad debates

Thursday, 9 December 2004

Road Traffic Bill 2004: Second Stage.

 

3:00 pm

Michael Finucane (Fine Gael)

I have listened to this debate and wonder if the title of the Bill is a misnomer and should instead be the speed limit Bill. The contributions to the debate have proved that the essential components of road legislation such as speed cameras and random breath testing could have been incorporated into a serious Road Traffic Bill. Senator Wilson referred to a concern of mine, the lack of knowledge about the introduction of the new metric system of speed limits and signs. The Minister of State announced that 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. I presume there will be uniformity in the road signs and they will not vary from county to county. Are the signs in situ in the county council areas as Christmas approaches and will they be erected before 20 January 2005? Will the Department organise a publicity programme to inform the public about the changeover to the new metric system?

An excellent means of promotion already exists. Everybody goes to local authority offices to tax their vehicles. A simple insert to accompany notification of road tax being due could be used to inform drivers of the changes. There will be lack of uniformity when it is introduced. We have been discussing movement on political issues in Northern Ireland today. The change to the metric system is a classical example of a change being introduced in the South, while the old system continues to apply in the North. People will have to make mental adjustments as they move between the North and South. It is a pity the North has not adopted the same approach as the South, although there may be impediments to taking a uniform approach.

People have become more conscious of speed limits in recent times, particularly since the introduction of the penalty points system. Senators have pointed out with regard to the operation of the system that most road tragedies do not take place on national primary routes and motorways. Unfortunately, the majority occur on county roads. As recent statistics gathered from coroners' reports show, many fatal accidents occur between 3 a.m. and 6 a.m. and approximately 80% of the deaths investigated involved young people. Many of those driving during these times fall asleep, in many cases due to alcohol. Drivers often wait until after 3 a.m. to drive a vehicle on the basis that the likelihood of meeting gardaí on the road between 3 a.m. and 6 a.m. is remote.

People are annoyed that gardaí are regularly stationed at points where traffic flows are good, such as on the new bypass near Patrickswell, outside Limerick. This approach is akin to catching bees in a honeypot. I have not seen evidence of crashes at that location. Drivers in such locations are not creating traffic hazards. While speed checks at such points may be good for pinpointing speeding drivers, they lack credibility when operated on the Limerick bypass at 8 a.m. on a Sunday morning when the road is quiet, as was the case recently, according to a person with whom I have spoken. I wonder whether they are in operation when serious crashes occur. The Garda needs to examine this issue if the penalty points system is to have credibility.

Another reason the system has fallen into disrepute is the late issue of speed tickets, which often do not arrive until months after the offence. As Senators will be aware from experience, when one spots detection equipment while driving, one is not sure whether one is driving over the speed limit. One then receives a ticket several months later.

I understand the reason the administration element is being removed from the Garda and outsourced. As Senators have noted for a long time, if we are to deploy more gardaí on the streets, we will have to devolve administrative functions to outside agencies. This is a valid approach. The Department of Agriculture and Food, for example, has successfully contracted out many administrative aspects of its activities, including aspects of the premium system. Its success could probably be emulated in the area of road traffic.

The recent report of the Comptroller and Auditor General damaged the reputation of the penalty points system. It found that the type of information furnished by speed cameras was inadequate. In addition, only three cameras or thereabouts are in place despite the fact that they are probably the greatest deterrent on the roads.

I ask the Minister of State to clarify a matter related to the exemptions from provisions of the Road Traffic Acts for emergency vehicles. The media will focus on incidents in which Ministers or Ministers of State are caught speeding. The exemptions mentioned in the Bill cover drivers of fire brigade vehicles, ambulances and members of the Garda Síochána driving a vehicle in the performance of their duties. Gardaí are employed as ministerial drivers, while civilian drivers are employed to drive Ministers of State. Section 27 exempts from the requirements of the road traffic Acts, "the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users". Will this exemption apply to the drivers of Ministers and Ministers of State? Will they have carte blanche to drive at whatever speed they want? I would be concerned if that were the case. If we expect ordinary members of the public to observe speed limits, we must all set an example. It is, therefore, incumbent on Ministers and Ministers of State to set the same example expected of the public. If a Senator or Deputy was caught speeding, the media would focus on giving him or her adverse publicity.

I welcome the provisions regarding minors. There are many so-called "bangers" around. We have a new phenomenon of cars, many of them very old, being offered for sale at the side of the road. I am sure they are sold at nominal prices. The garages are likely to fully comply with the provisions and will not sell bangers to young persons aged under 16 years. However, we are all aware of cases in which the sale of such cars for small sums of money resulted in fatalities. Will the fines prescribed by the legislation be imposed on the individuals who sell such cars?

The Bill is interesting and addresses a matter of concern to all of us. I seek reassurance that the public will understand the move to metrification and that a proper marketing approach will be adopted.

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