Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I thank Senator Sherlock for putting her case very clearly. I have been asked by the Minister for Transport to respond on his behalf. The operation of all roadworthiness testing in the State, including commercial vehicle roadworthiness, CVR, testing, is the statutory responsibility of the Road Safety Authority. The minimum requirements for CVR testing are set in EU Directive No. 2014/45. The Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2022, SI 475 of 2022, prescribe standards as required by section 11(2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012. They introduce premises improvements, remove special conditions relating to drive throughs and HCV pit lengths and introduce dimension tolerances for testing premises.

The regulations delay the requirement to comply with the standard to have a drive-through facility on a CVR testing lane to 19 March 2027. This approach provides affected CVR test operators with a three-year grace period and allows three things. First, it allows premises that already meet the standards to be authorised for up to ten years. Second, it allows sufficient time for upgrading of premises that do not meet the standards and third, it allows CVR test operators to renew their authorisations using existing premises until 18 March 2027 and then, using upgraded premises that meet the new standards, to renew until 18 March 2034.

The requirement to have a drive through on a CVR testing lane is a long-standing one. It was listed as a preferred option 19 years ago in the 2004 premises and equipment guidelines issued by the Department of Transport as follows, which states that "the design should be such that vehicles can drive in one end of the test lane and out the other wherever possible".

Ten years ago, the 2013 premises and equipment guidelines listed a drive through as a requirement for all CVR testing lanes. Special conditions in relation to drive throughs were granted on CVR test operator authorisations where this was not “physically possible” for the authorisation period from 18 February 2014 to 18 March 2024. These special conditions shall expire with the authorisations on 18 March 2024.

The RSA has been very clear in all communications relating to the requirement to have a drive through on CVR testing lanes. As outlined above, the legislation has extended the due date for the requirement to have a drive through from 2024 to 2027 in order to provide additional time for CVR test operators to upgrade their testing premises, if necessary.

A strategic review of the commercial vehicle testing model was completed on behalf of the RSA by Bearing Point in 2019. The strategic review specifically stated that all CVR testing lanes will be required to have a drive-through facility and that there would not be any special conditions relating to the drive-through requirement for the next ten-year authorisation period to 18 March 2034. This was communicated at the Society of the Irish Motor Industry, SIMI, vehicle testing network, VTN, conference and via RSA Notice 16/2019 on 11 November 2019. The RSA accepted the review findings as a blueprint for the delivery of CVR testing for the next CVR testing authorisation period from March 2024 to March 2034.

A drive-through facility is necessary to carry out CVR testing consistently, efficiently, effectively and safely and to future-proof the delivery of reliable CVR testing. All CVR testing lanes shall have a drive through in place by 18 March 2027. Any testing lane that does not have a drive through in place by that date will no longer be authorised to carry out CVR testing. This has been communicated since 2013 via premises and equipment guidelines, conditions of authorisation and correspondence and is now set out in legislation by SI 475 of 2022. There is no possibility for the Department or the RSA to deviate from the drive-through requirement.