Seanad debates

Wednesday, 18 April 2012

Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012: Second Stage

 

4:00 am

Photo of Pat O'NeillPat O'Neill (Fine Gael)

I welcome this Bill and on behalf of Fine Gael Senators I commend the Minister on his dedication in introducing a range of legislative measures to enhance road safety in Ireland. I will deal with the parts of the Bill pertaining to roadworthiness of commercial vehicles and Senator Brennan will address the issue of driving licences.

Introducing a new road safety measure is never a straightforward matter because it generally involves restricting rights that drivers previously held, imposing additional obligations or, at least, a change to the status quo. However, given the ultimate goal of reducing road fatalities, it is essential that we have a Minister who is willing to grasp the nettle. The Minister, Deputy Varadkar, has shown that he attaches the highest priority to saving lives on our roads. The fruits of a sustained legislative programme aimed at improving road safety are notable in the statistics. To date in 2012, the number of road deaths are significantly below that for the same period in 2011. A total of 46 people died on Irish roads between 1 January and 17 April 2012, which is 13 fewer than the same period in 2011.

Data published recently by the European Commission indicate that Ireland improved its road safety performance in 2011, with road deaths dropping by 13% between 2010 and 2011. As a result Ireland has moved up one place to fifth in the EU's road safety ranking. According to the European Commission, Ireland and Denmark were the only countries in the top six to record reductions in road deaths. However, we must continue to take measures to improve road safety and in this context it is notable that the regulatory impact assessment for the Bill indicates that commercial vehicles are involved in approximately 20% of all road fatalities. This is a startling statistic. Approximately 32% of the commercial vehicles tested at roadside checkpoints in 2011 required immediate action.

I recognise it is callous to put a monetary value on fatalities or injuries because the financial impact can never be compared to the cost of life but we must bear in mind that the CEO of the Road Safety Authority estimates that every road fatality costs approximately €2.5 million. By this calculation the 186 road fatalities which occurred in 2011 cost €465 million.

This Bill contains two major initiatives, namely, reform of the test system for commercial vehicle roadworthiness and the introduction of a new centralised system for issuing driving licences. Reform of the test system for commercial vehicles is necessary. A recent documentary on RTE revealed worrying inconsistencies in vehicle assessment among different NCT centres, with dangerous consequences for road users. Commercial vehicle testing is currently provided by 158 independent operators who are regulated by 30 public bodies. Enforcement and the extent of supervision are not uniform. In a small country like Ireland it is difficult to justify such a variety of test centres and the attendant variation in approaches and outcomes.

With this in mind the Bill proposes to introduce a single authority to monitor and enforce standards. A single authority is considered the best means of ensuring consistent practices, streamlined procedures, clear communications channels and accountability within the service. The current system is cumbersome with functions and roles divided between a number of agencies, including the Department of Transport, Tourism and Sport, the Road Safety Authority and the city and county councils. Enforcement is a matter for the Garda. Testing is required on both heavy and light goods vehicles but not all centres can carry out tests on both categories.

An analysis of the system carried out by PricewaterhouseCoopers identified additional problems, including inadequate communication between the RSA, local authorities and authorised test centres to ensure technical standards are applied equally in all locations; limited roadside enforcement by the Garda and infrequent multi-agency enforcement measures; possible conflicts of interest due to reliance on the integrity of the various stakeholders in a context where most test centres are garages that also provide other services such as repairs, sales, road haulage and bus services; poor statistical information on testing and pass rates; and no central database to deal with certificate of road worthiness, CRW, validity and expiry dates. National vehicle and driver files are not updated with information from the CRW. Compliance rates are impossible to estimate even though vehicles need a current CRW when applying for motor taxation certificates. The Bill will address these problems by providing that the testing of commercial vehicles will be done through a network of commercial vehicle roadworthiness test operators authorised to operate test centres, carry out tests and issue pass certificates. Vehicles which have received pass statements will be issued with certificates of roadworthiness. CVR vehicles cannot be used in public places without certificates of roadworthiness.

Section 7 of the Bill deals with vehicle certificates. As with the car NCT a vehicle roadworthiness disc should be provided. There is a loophole in the current system. For example, if a vehicle has to be taxed in January a roadworthiness certificate must be produced. The test would need to be carried out in December. An owner would have the vehicle tested in December and produce the documentation in January to have the vehicle taxed for the following year. Technically that certificate could be submitted again the following December and get the vehicle taxed again. In other words an owner can nearly get away with a year. Commercial vehicles should be required to display a disc so that gardaí or enforcement officers would be able to stop vehicles and verify its certificate is up to date immediately because the drivers of most vehicles do not carry it. I ask the Minister to add this provision to the legislation.

The Minister will regulate for the authorisation of CVR test operators. To be authorised as testers individuals must be suitably qualified, and fit and proper persons in the same way as CVR test operators. The Minister may establish a register of CVR testers which could include details of suspensions and revocations from the register. The authorisation to operate as a CVR test operator or CVR tester may be suspended or revoked by the Minister in certain circumstances. This type of regulation is important bearing in mind the documentary programme to which I referred earlier which indicated poor practice for testing cars in some NCT centres. I very much welcome this modernisation of current practices.

I welcome the Bill as part of an overall approach to improving road safety and as part of the process of modernising services and practices. I wish the Minister for Transport, Tourism and Sport well in his ongoing work.

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