Seanad debates

Wednesday, 10 May 2006

Road Safety Authority Bill 2004: Second Stage.

 

12:00 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

The establishment of the road safety authority is an important element in the Government's strategy to improve road safety and I am pleased to be in a position to bring the Bill to the Seanad today. The purpose of the Bill is to establish the road safety authority and to make an amendment to the Road Traffic Act 2002 to facilitate the mutual recognition of driving disqualifications on a bilateral basis between the UK, Northern Ireland and ourselves. In regard to the code of road traffic legislation in general, I intend to introduce in the near future a Bill to amend the Road Traffic Acts. This Bill will include provisions in regard to drink driving, use of mobile phones, speed cameras and enabling provisions to facilitate future reforms of the driver licensing system.

The decision to establish the road safety authority was taken after detailed analysis and full consideration of the issues involved. I am confident that the establishment of the authority will lead to a more focused development of initiatives to promote road safety, result in improvements in driver formation in general and lead to improved service delivery for the driving test, which will facilitate future reform of the driver licensing system. The authority will play a major role in the development of future road safety strategies by developing programmes that will form the basis of the Government's future road safety strategies. The headquarters of the road safety authority will have an office in Loughrea, together with driving test centres throughout the country.

The establishment of the authority is a crucial step in promoting the road safety agenda. I anticipate that the authority will be in a position to deliver a more flexible driver testing service and be able to respond more readily to customer needs and future demand. Dealing effectively with a continuing backlog in applications for the service is a prerequisite to bringing forward reforms in the licensing system to reduce long-term reliance on provisional licences. In this context, we are committed to eliminating the current backlog by the middle of next year.

In light of the authority's duty to raise driving standards, I envisage such a body having the necessary flexibility to take an innovative approach to the whole area of driving standards that will have long-term benefits for road safety. Such benefits will not be as immediate as those resulting from the targeting of the offences of speeding, seat belt wearing and drink driving. However, it is important to foster the development of driving standards in order to underpin the overall strategy for road safety.

When the legislation was introduced, the primary objective was to establish a separate public sector body to deliver the driver testing service and assume responsibility for related functions. However, it was decided to assign additional functions to the authority and change its name from the Driver Testing and Standards Authority to road safety authority to reflect the wider role being assigned to it. The additional functions assigned to the authority are intended to bring within one single authority activities, currently under the auspices of the Department or its agencies, which are focused on improving driver and vehicle standards and the promotion of road safety.

The functions are provided for in section 4 of the Bill. The authority will have functions in regard to driving tests, vehicle testing and registration of instructors, which will be designated in regulations made under the Road Traffic Acts. The authority will be the issuing authority for certificates of competency following successful completion of a driving test, and test certificates certifying that vehicles meet test standards on successful completion of a vehicle test. In this context, the authority will take over responsibility for the commercial vehicle testing scheme operated by local authorities and the car testing scheme operated by the NCT.

The authority will be charged with the registration of driving instructors. It will be the approved body which will issue instruction certificates for the purpose of regulating driving instructors. It is envisaged that the authority will also carry out functions related to driving, provisional licences and vehicle standards which are currently carried out by the Department of Transport.

In the case of licensing, blank licences are issued to licensing authorities and the operation of the licensing system, including the driver theory test, and the application of penalty points and disqualifications is monitored. In regard to vehicles, a wide range of functions relating to vehicle standards, which are technical in nature and include type approval and construction, equipment and use standards, will transfer to the road safety authority.

The road safety authority will carry out the road safety functions of the National Safety Council. The authority's primary focus will be to promote greater coherence in the advancement of road safety generally. It will adopt the lead role in respect of the promotion of road safety awareness by building on the excellent work of the National Safety Council. The authority will also take on the enforcement functions under the Road Transport Act 1986 relating to enforcement of road haulage licences, the working time directive, driver hours and digital tachographs.

Crucially, the clear legislative provision in section 7 ensures that the authority has a lead role in the development of strategies and measures to advance the road safety agenda. Road safety comes under the remit of various Departments and agencies. In consideration of its very extensive remit, the authority will be in a position to engage with all of those contributory bodies in order to develop and monitor the delivery of a comprehensive road safety programme. The authority will play a major role in the development of future road safety strategies and will submit its programme for approval by the Minister. The authority will also have a role in overseeing the implementation of the Government's road safety strategies and, in that context, will report regularly to the Cabinet sub-committee on road safety.

I also envisage that the road safety authority will compile reports that address policy recommendations across a range of road safety measures. In this context section 8, which empowers the authority to collect data relating to road safety, will assist it in carrying out road safety research. The aim of this provision is to provide for the co-operation of all relevant agencies in supporting this area of the authority's overall range of functions. This will add value to our current statistical base and the information collected will facilitate the development of future road safety strategies.

As part of its extended remit, the authority is empowered under section 6, in addition to its general duty to promote better driving standards, to take an active role in the development of regulatory proposals in the areas of vehicle standards and testing, driving testing and licensing, speed limits and control of traffic. While the power to make regulations will remain with the Minister, the authority will be expected to provide the necessary technical and administrative expertise and to take an active role in the development of regulatory proposals in these areas.

The staff of the authority may attend EU and other international meetings on behalf of the State. This is particularly relevant in the areas of vehicle standards, driving testing and licensing and road haulage, where EU directives apply.

A major area of work for the RSA will be the delivery of the driving test. In recent years the driving test has been improved and the parameters for the test reflect the high standards laid down in EU directives on driving licences. This is facilitating the recognition of Irish driving licences in the EU and internationally.

The driving test must determine whether an applicant is competent to drive a vehicle safely and with due regard for the safety and convenience of others. After successful completion of an oral and practical road test, a certificate of competency is granted indicating the necessary standard of driving has been reached. This certificate is then submitted to the local licensing authority which grants the individual a driving licence for the appropriate category of vehicle. The role of the driving testing service in ensuring that drivers reach an acceptable level of competence is important in the context of road safety. Driver competence and formation are an important part of the Government's road safety strategy.

The number of applications for driving tests has fluctuated considerably in recent years. Between 1998 and 2002 considerable additional resources were invested the driving test service and waiting times fell to an average of ten weeks in the latter half of 2002. However, the current waiting time problem started in 2003 when an exceptionally high number of driving test applications were made to the Department in response to concerns about the possibility of stricter regulation of the use and renewal of provisional driving licences which was being reported in the media. In 2003, applications rose to an unprecedented 233,889, which was an increase of 22% over the previous record of 192,016 applications in 2002. Applications in 2004 and 2005 reduced to 177,000 in each year.

As the Minister for Transport has indicated on a number of occasions, the delay in providing driving tests is a matter of regret. The delay not only represents a poor service to the public but is also hampering the development of initiatives which the Government wishes to pursue in the interests of road safety. The driving test and those who deliver it are a key element in the road safety strategy.

Our objective is to eliminate the backlog of driving tests by the middle of 2007 and the Department has developed a package of measures, in consultation with staff interests, to achieve this. Additional staff have been made available to the driving test service. To date, seven additional testers have been trained and are carrying out tests while a further ten driving testers are due to commence training shortly. I am pleased to acknowledge that a very high number of the existing driving testers have indicated they will participate in a bonus scheme which commenced in February and will make a significant contribution to the reduction of the backlog.

An important element of the package of measures to reduce the backlog was a proposal to contract out a set number of driving tests. The Civil Service Arbitration Board has determined that, otherwise than by agreement, the contracting out of core work of driving testers to a private firm is not contemplated or permitted by the provisions of paragraph 21.9 or by any other provision of Sustaining Progress. However, the board urged a resumption of discussions at which all options should be considered to ensure that a solution is implemented without delay. Departmental officials are currently in discussions with the unions regarding the way forward with a view to dealing with the backlog by the middle of 2007.

I am very conscious of the need to provide a testing service which can offer tests within a reasonable period of time. The establishment of the road safety authority, which will have the necessary flexibility to respond to variations in demand, is essential to the improved delivery of the driving test.

There have been a number of improvements to the driving test in recent years, most notably the introduction of a detailed report sheet that shows the test candidate where his or her driving skills are weak. The on-line application facility has proved popular since its introduction. In addition, a motorcycle test with radio communication between the tester and the candidate has been introduced. This enables the driving tester to carry out a much improved test and has been well received by both testers and test candidates.

I draw the attention of the House to the proposal that the authority will be responsible for the registration of driving instructors. Driving instructors are not currently regulated. Proposals have been developed by the Department for the regulation and quality assurance of driving instruction that will involve a test of the competence of individual instructors. A working group comprising representatives of my Department and driving instruction interests has formulated the design of the standard that a driving instructor must meet. It will be a matter for the authority to determine how best to fulfil its obligations in carrying out its function in this area. In any event, the end result will be a register of driving instructors held by the authority.

Instructors on the register will have passed appropriate tests of competence to instruct, which will be the responsibility of the authority to administer. Prospective instructors will have to demonstrate that they have appropriate instructional skills in addition to demonstrating their general driving competencies. A consultation paper setting out the Department's proposals in this regard will be published shortly. I am aware that many existing driving instructors, who have been instructing for many years, are concerned as to how the proposals to regulate their profession will affect them. In this regard, I am of the view that, in the interests of ensuring that an appropriate standard of instruction applies throughout the country, all instructors must demonstrate they have reached the required standard. During a period of transition, when all new instructors will have to undergo the appropriate tests in order to instruct, existing instructors who can show they are bona fide instructors will be allowed to continue instructing before having to undergo the appropriate competency tests. The consultation document will address these issues.

Driver formation is an important element in the Government's road safety strategy. The proposed system of regulating driving instruction that I have outlined should assist in the achievement of improved standards of driving and assist in the formation of drivers.

A related issue often raised in the context of road safety and the waiting period for driving tests is the number of provisional licence holders on the roads. Some misconceptions exist regarding the number of persons driving on provisional driving licences and the arrangement governing the number of provisional licences which a person may obtain. I would like to take this opportunity to clarify the position. There is no limit to the number of provisional licences a person may obtain for any particular category of vehicle. The first two licences are each valid for a period of two years. However, in order to be entitled to a third or subsequent provisional licence for any particular category of vehicle, a person must have undergone a driving test for that category within the preceding two years, or failing that, have a driving test appointment arranged, in which case the provisional licence is granted for one year only.

Another misconception is that 410,000 provisional licence holders drive around without having undergone the driving test. This is not the case. In 2005, approximately 45% of applicants underwent the test for at least the second time. The overall pass rate for driving tests in 2005 was 53.6%, with the pass rates for first time candidates at 51.5% and non-first time candidates at 56.1%. Notwithstanding the fact that many provisional licence drivers have undergone the test, I recognise that the proportion of Irish drivers relying on provisional licences is too high at 17% of all current licences. We are determined to reduce this proportion significantly and the establishment of the authority would ensure that we can offer driving tests more quickly than at present and thereby reduce the number of provisional licence holders.

As the waiting times for driving tests become more manageable we propose, as signalled in the current road safety strategy, to bring forward appropriate amendments to the driver licensing regulations to discourage long-term reliance on provisional licences. Nevertheless we should not assume that provisional licence holders are per se unsafe on the roads. There is no evidence to suggest that holders of provisional licences are, as a group, disproportionately involved in serious road accidents. In this regard, Senators may wish to note that of 310,760 drivers who had penalty points on 31 March 2006, only 24,843 were provisional licence holders.

International research indicates that age and length of driving experience are more important indicators of the likelihood of safe driving behaviour than the possession of a full driving licence. Young people need to be encouraged to cultivate safe and precautionary driving habits, even after they have obtained a full driving licence. My Department's leaflet, Preparing For Your Driving Test, is sent to all test applicants and advises them that, having passed the test, they should continue to drive carefully and build up their experience in different traffic, weather and road conditions. The driver theory test introduced in 2001 has assisted in driver formation and has ensured that provisional licence holders have an adequate knowledge of the rules of the road before being allowed to drive on the road.

Before going into more detail on the provisions of the Bill, I advise the House that the process we initiated to establish the authority is open and transparent and has been established in a spirit of partnership with all the staff associations. Consultation with staff interests has taken place. The forum is a sub-committee of departmental council where staff have been kept advised of developments and have been given the opportunity to voice their concerns. An interim board and a chief executive officer have been appointed. I wish them well for the future.

I would now like to turn to the main provisions of the Bill. I have already outlined the provisions in sections 4, 6, 7 and 8 as they were amended or inserted on Committee Stage in the Dáil to reflect the wider remit of the road safety authority. In addition, section 10 enables the Minister, following consultation with the authority and any Minister concerned, to confer by order additional functions on the authority. Any such additional functions must be connected to functions already being carried out by the authority.

The authority, in carrying out its functions, will have a general duty, contained in section 6, to promote the development and improvement of driving standards and will be able to make recommendations to the Minister in this regard. This provision will allow the authority to develop its services in such a way as to encourage better driving rather than simply testing driver competence. I envisage that this provision will give the board and staff of the authority the scope to move beyond the basic task of testing and allow it to be more innovative in its approach to the development of better driving in this country.

While it will ultimately be a matter for the board of the authority to decide on the best approach to take, I envisage the authority taking a proactive approach towards encouraging better driving standards. The section also places a duty on the authority to conduct its business at all times in a cost effective and efficient manner and provides that the authority will have all powers necessary for the performance of its functions. Section 9 provides that the Minister may issue general policy directions to the authority on the performance of its functions and that the authority shall comply with any such direction.

Section 11 provides that the authority may, with the consent of the Ministers for Transport and Finance, establish subsidiary companies to perform any of the functions conferred on it by this Act. For example, it would be open to the authority to engage in the publication or production of materials relating to the promotion of better driving standards. Any necessary capital need not come from the Exchequer but may be raised in the marketplace by reference to the commercial merits of the project concerned.

Section 12 provides that the authority may, with the consent of the Ministers for Transport and Finance, hold and dispose of shares or other interests in a company and become a member of a company. Section 13 enables the authority or any subsidiary of the authority to borrow money, subject to the consent of the Minister, with the agreement of the Minister for Finance, for capital or temporary purposes. The aggregate of temporary borrowings will not be allowed to exceed a limit set by the Minister with the agreement of the Minister for Finance.

Section 15 provides for the appointment of a board of the authority by the Minister. The board will consist of a chairman and not fewer than six and not more than 11 ordinary members who may serve not more than two terms. The period of membership of any member will not exceed five years. Sections 15 and 16 contain provisions on the appointment of a chairperson and ordinary board members as well as to the meetings and procedures of the board.

Section 17 provides for the appointment of a chief executive officer. This officer will be responsible for the staff, administration and business of the authority and will be the person charged with the day-to-day running of the authority and the carrying out of its functions and will be answerable to the board. The chief executive officer will be responsible for the propriety of the authority's accounts and the economic and efficient use of its resources and will be answerable to any committee of the Houses of the Oireachtas set up to examine its affairs.

Section 18 provides for the transfer of staff from the Department of Transport to the authority and the appointment of staff to the authority. The section provides that the terms and conditions of employment of staff transferred from the Department of Transport will not be less favourable than those already enjoyed by the staff and that scales of pay to which such staff were entitled will continue to apply, unless agreed otherwise with a recognised trade union or staff association. Sections 19 and 20 deal with remuneration and superannuation arrangements for staff.

Sections 23 to 25, inclusive, provide for the disclosure of interests by staff, members of the board and directors of a company which has been set up as a subsidiary of the authority. Section 26 prohibits any unauthorised disclosure of confidential information by members of the board of the authority, its staff, advisers or consultants. The section also provides that the provisions of the Freedom of Information Acts will apply to the authority.

Section 28 provides that the Minister may make a service agreement with the authority related to the performance of its functions. Funds advanced by the Minister under section 27 out of moneys voted by the Oireachtas to carry out these functions will be conditional on the authority seeking to meet the terms of the agreement. The service agreement will set out the performance standards the authority will have to meet in carrying out its functions. Section 29 provides for the keeping of accounts and the conduct of audits of the financial accounts of the authority. Responsibility for the keeping of accounts rests with the chief executive officer. The accounts will be audited by the Comptroller and Auditor General and the auditor's report will be laid before the Oireachtas.

Section 30 provides that the authority will make an annual report to the Minister not later than six months after the end of each financial year and also provides for the annual report to be laid by the Minister before the Houses of the Oireachtas. Section 31 provides that the authority may purchase or lease land or purchase or build premises for the purposes of carrying out its statutory functions and, with the consent of the Minister, may sell or lease any land or premises which are no longer required for these functions.

Section 32 specifically provides that the authority may make charges to the performance of its functions and the provision of its services. The level of such charges will be subject to the consent of the Minister. Sections 34 to 37, inclusive, provide for the transfer from the Minister of property, assets, liabilities, contracts and pending legal proceedings relating any functions transferred, to the authority; that existing contracts and agreements of a continuing nature will continue to operate; and for appropriate transitional arrangements.

Section 38 amends section 9 of the Road Traffic Act 2002, which provides for the procedures to apply when the European Convention on Driving Disqualifications is in force. At a recent meeting of the British-Irish Council it was agreed that the terms of the convention be applied between the UK and Northern Ireland by means of a bilateral agreement between Ireland and the UK. Currently the procedures in section 9 can only apply when the convention comes into force across the EU, which is 90 days after the last member state which signed it has adopted it. This section provides for section 9 to apply before the convention comes into force. I look forward to the agreement with the UK on mutual recognition of driving disqualifications being in place by the end of this year.

I reiterate that the establishment of the road safety authority is an important step in reducing the unacceptable level of fatalities and injuries on our roads and I look forward to the support of Senators in the establishment of the authority. I commend the Bill to the House.

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