Pat Gallagher (Donegal South West, Fianna Fail)

The driving testing service operates under the provisions of section 33 of the Road Traffic Act 1961 and in accordance with the regulations made under it. The driving test is also governed by requirements of EU directives which stipulate the manoeuvres to be carried out which are also set down in regulations under section 42 of the Road Traffic Act 1961.

The Road Safety Authority, RSA, is responsible for the operation of the driving testing service, in accordance with the regulations, and for the operation of the driving test theory. The standards for the delivery of these services by the Road Safety Authority already take account of the matters raised in the amendments proposed by Senator Paddy Burke.

In regard to preconditions being imposed on candidates for driving tests, such conditions would have to be set out in regulations. The Minister has already made appropriate amendments to the Road Traffic Act 2006 and to section 42 of the Road Traffic Act 1961 to provide that regulations may be made requiring that provisional licence holders undergo training before a driving test.

In regard to driving standards, the RSA is responsible for ensuring as part of the operation of the driving testing service that a uniform standard of driving test is delivered. The RSA also has a general duty as set out in section 6 of the Road Safety Authority Act 2006 to promote better driving standards.

In regard to driving instruction, the RSA will be designated as an approved body to issue instruction certificates in accordance with regulations made under section 18 of the Road Traffic Act 1968, as amended by section 19 of the Road Traffic Act 2002. The RSA has completed a consultation process on the designation of instructors and is in the process of establishing a register of driving instructors, with registration of new instructors to commence on 1 July 2007 and the registration of all instructors to commence on 1 July 2008. There was a long consultation process and details and regulation in this regard will be brought forward sooner rather than later.

There is no power in the Road Traffic Acts to regulate driving schools as the provision in section 18 of the Road Traffic Act 1968, as amended by section 19 of the 2002 Act, is intended to regulate individuals while giving driving instructions. This will achieve the objective ensuring a proper standard of instruction is delivered, whether by an individual driving instructor or through a driving school. The question will be dealt with in a short period now that consultation has taken place. Instructors will be check tested at regular intervals and if found not to meet the required standard, they can be removed from the register. It will be a matter for the instructors to take appropriate steps to bring their standard of instruction up to the required standard.

The main purpose of the Bill is to provide the necessary statutory basis to facilitate the implementation of free-flow open road tolling. It is important, however, that these matters are raised by Senator Paddy Burke and that I respond giving the current position. Progress is being made and the 2006 Act gives the Minister power to introduce regulations as we move forward. We listen attentively to the RSA which, as the Senator possibly knows, will present the Minister with its 2007 strategy.