Seanad debates

Thursday, 8 June 2006

Road Traffic Bill 2006: Second Stage.

 

12:00 pm

Tom Morrissey (Progressive Democrats)

I welcome the Minister and this legislation to the House. Law-abiding families and road users across the country will cry "Hallelujah" at tougher penalties for drink driving offences, a ban on hand-held mobile phones in cars and random breath testing. As for the law breakers, I hope the full force of this new legislation is brought to bear on them. All Members of the House agree on that.

It was interesting to hear Laura Robinson's description this morning of the global epidemic of road fatalities. Across the world, 1.5 million people are killed annually on the roads, 3,000 each day, 300 of whom are children. Other Members have mentioned the terrible figures in Ireland, which is not unique in the challenges it faces. Today, however, is an indication of what we see as part of the solution to the problem.

We all know of the steps taken to date to tackle the crisis in road safety. There has been greater enforcement, new penalty point offences and now this new Road Safety Bill. The Minister and the Government are to be commended on the work undertaken so far but the challenges remain and will continue to have tragic consequences.

The concerns expressed by the chairman of the road safety authority, Mr. Gay Byrne, are worth pointing out. Opposition politicians were asked not to use pending road legislation as a political football, thereby delaying its passage through the Oireachtas. He is reported to have said that with just weeks until the summer recess, he hopes the Road Traffic Bill will be passed before the summer. The Progressive Democrats Party echoes that hope. The Oireachtas must be able, and allowed, to do its important work. Nevertheless, Senators will agree with almost all of what Gay Byrne expressed when he said:

We are praying that it will get through before the cursed summer recess — if the Opposition parties don't decide to mess about with it too much, making amendments and alterations. If it is stalled, it will have to come back in the autumn and God knows what will take precedence over it at that stage.

Whatever about the "cursed" summer recess, the sentiment that we must get busy on this Bill is the correct one. We are talking about saving lives. When this Bill is enacted, road users can expect significant changes in speed and drink driving law enforcement by the autumn. We must facilitate that quickly. Law-abiding road users, including young drivers, demand it.

Our attitudes to road safety have been transformed by the trauma and tragedy visited upon families the length and breadth of this country by road accidents. I was interested to read of research published by the National Safety Council, which showed that 87% of people are against any form of drink driving. One must wonder, rightly, what the other 13% are thinking. This represents a significant shift in the views of people of my generation on the subject of road safety. The Government must keep up with that sentiment.

For the first time, road safety planning is taking place within a distinct policy framework, including a set of specific, associated goals. That is as it should be. The Government is to be commended on pursuing progress across a range of areas. The unrelenting growth in vehicle numbers and, sadly, the unacceptable negative trends in road casualties demand nothing less.

People may be shocked to hear that the primary target of the existing road safety strategy is to reduce the number of road deaths to no more than 300 by the end of this year. Three hundred seems like such a dreadful toll but people should realise that even meeting that target is a serious challenge. We must accept there are no experts jealously guarding the solution to this problem. The continuing road fatalities prove that point. The level of road use in this country means that, regrettably, we can expect 240 fatalities per year. Believe it or not, that is international best practice. The Bill is part of the process of achieving that goal, if "goal" is the appropriate word in this regard.

It is difficult to imagine that anyone living in the real world could object to the principal provisions and intentions of this Bill, which I welcome. No doubt there will be some political skirmishing about the engagement of private sector interests in the provision and operation of cameras and other technology for the detection of speeding offences. However, the public will quickly demand that we move beyond this tired dogma and simply get on with the job.

The law-abiding citizen will show no resistance to the introduction in a targeted manner of mandatory roadside breath-testing of drivers for alcohol, so we should work to ensure this takes place as quickly as possible.

The public will wonder why measures to control the use of mobile phones and other in-vehicle communication equipment are not already in place. Once again, we should get on with it, while incorporating the relevant safeguards and exceptions. At our party's recent annual conference, I called for consideration to be given to new stricter penalties for offenders. Although more can be done, I welcome the Bill's provision for new fixed charges and disqualification for certain drink driving offences, along with an increase in financial penalties in respect of all offences established under the Road Traffic Acts. The legislation correctly provides for an increase in periods of disqualification for drink driving and other serious driving offences, which is difficult to argue against.

I have continued to highlight the driving test system which is failing young people and vice versa. We need to reform the driver licensing regime, in particular, to reduce long-term reliance on provisional licences. We have all heard of the cancellation of today's tests involving 1,300 drivers, while driving instructors meet to agree reform measures. This is the crazy situation we find ourselves in but at least reform is now being considered.

I welcome the steps proposed under the Bill to reform the provisional licence system. In particular, sections 10 and 11 provide for the introduction of a learner permit instead of a provisional licence. Importantly, the Bill provides that regulations may require learner drivers to undergo a course of instruction, and may see the regulation of the content and cost of such instruction courses. The key word here is "may", so I will be interested to hear how the Minister expands upon this point. The legislation contains a welcome provision to introduce the compulsory initial practical training of motorcyclists before they are allowed on the public roads.

We should also welcome the establishment of a specified period following the granting of a learner permit, during which a learner driver may not apply for a driving test. There is widespread acceptance that there should be a minimum period during which a learner driver undergoes instruction before being allowed to apply for a test. We should not overlook the fact that young people must pass the test in order to reduce insurance costs and for employment reasons. Nevertheless, all parties must get involved in finding a solution to the wider systemic driving test problem. I hope the Bill can in some way precipitate that action.

The fear principle underpinning the penalty points system is no longer working. Ireland achieved international best standards immediately after the introduction of penalty points some years ago but, regrettably, the effect has diminished. New messages must be sent to drivers. Notwithstanding the provisions of this Bill and the recent Road Safety Authority Bill, we must move on to new road safety initiatives with a blank canvas. We should keep the valuable initiatives but we cannot stop there. Progress can only be made with an open mind. We must promote road safety more vigorously by incentivising someone who voluntarily takes a driving lesson — not just learners or those taking a test, but people simply seeking to improve their driving skills. We may be a long way from that but a carrot and stick approach is important. We must start asking people to apply for retraining over a period with a built-in incentive for them to do so.

We must start anew and not be afraid to ask some hard questions. Is it right that young people spend thousands of euro on car insurance and a relative pittance on driving lessons? Is it right that those on a provisional driving licence can drive at the same speed limits as qualified drivers? Is it right that someone can apply to have his or her driving licence reinstated having spent only half the banned period off the road? Is it right that having been found guilty of drink driving, a person can postpone the date of the ban by up to six months? I am aware of cases where people were found guilty of drink driving but, following an intervention by their solicitor with the judge, they can say they will begin their six-month driving ban in November, for example. Should the ban not take effect immediately?

Is it right that we have no mandatory custodial sentence for driving while disqualified? I welcome the Bill's provision in this regard. Some drivers are serial offenders and have a complete disregard for the law. The new measure will go some way towards checking their flouting of the law. In addition, is it right that we have no mandatory custodial sentence for drink driving which causes serious injury or death? We must go that distance. Is it right that we have no dedicated court to hear drink driving and other dangerous driving offences in the greater Dublin area?

We need to get the message across that driving can kill. The Bill's provisions show that the Government has a firm idea of how to make progress and that it will take the legislative steps to do so. When one buys a packet of cigarettes, 40% of the packet's surface area must warn smokers of the danger that smoking can kill them and their friends. Such a safety message should be introduced at every stage of the driving process — when one buys a car, purchases insurance cover and applies for a driving test. At all those stages we must introduce a strong safety message, as we have done with cigarettes. The message on cigarettes packets warn they can kill but that is what cars are doing every day on our roads. I welcome the provisions in the Bill but the Minister should consider some aspects of the issue, for example, the period in which a drink driver can decide when to serve a sentence and the incentives for existing drivers to improve their driving.

A new practice has emerged whereby insurance companies allow drivers to pay their premium on a monthly basis. A young driver whose insurance is perhaps €2,000 per annum might pay €250 per month. The driver gets the disc immediately and, therefore, can default on further payments but still keep the insurance disc. That practice exists and must be examined.

With regard to foreign drivers on our roads, I am aware of a young person who will fly to another country this summer and drive a 32 year old car to Ireland at a cost of €150. We have to decide how to stop such practices.

Another issue which is becoming a scourge is the practice of selling cars on the roadside. I am not sure if this Bill should deal with the issue but throughout estates in Dublin and on country roadsides there are signs offering cars for sale and listing mobile phone numbers. I do not know how we are to stamp out this practice.

I welcome the provisions in the Bill. When we debate the Bill in more detail, the Minister should address the situation where a driver can decide when he or she will serve a suspension and take his or her car off the road. It should happen immediately.

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