Marie Sherlock (Labour)
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I thank the Minister of State for taking this Commencement Matter today. It is timely, particularly in the context of the memorandum to Cabinet yesterday regarding the demand management strategy regarding traffic and managing congestion in the biggest urban centres in this country. It is particularly timely because one of the effects of SI 475 of 2022, which was set down by the Department of Transport, is at odds with the ambition and intention of that memo to Cabinet and the strategy referred to yesterday.

SI 475 refers to commercial vehicle roadworthiness test operators and testers regulations. For the record, it is important that we support improvement in and adherence to high standards regarding commercial vehicle testing in this country. The statutory instrument set down a number of improvements regarding the improvement of premises, introducing dimension tolerances for testing premises and removing the special conditions relating to drive throughs and heavy commercial vehicle, HCV, pit lengths. My issue with the statutory instrument involves the requirement for a drive through. The reality is that the statutory instrument will put a number of light goods vehicle testing centres out of business. I know of four centres in Dublin that will be put out of business. The Road Safety Authority has issued these centres with a three-year exemption to 2027 in order to comply with the regulations but they simply will not be able to comply. In the case of William O'Brien Motors in the north inner city, it is 8,500 sq. ft, of which 4,250 sq. ft is allocated to testing. If you were to walk into that centre, you would see that it has the capacity for 360° degree turn. It does not have the capacity for a drive through but everything else is in place and it is top of the range in terms of adherence to the standards that otherwise exist. It will never be able to meet the requirement for a drive through. There are premises in Coolock, Greenhills and Ballymun that also will be put out of business. From a carbon emissions perspective and the perspective of reducing the time that any vehicle is on the road, it is bizarre that we would force light goods commercial vehicles to drive even further to be tested when we have these testing centres in locations close to businesses. William O'Brien Motors is located very close to the docklands and is the only testing centre in the inner city. It was asked by Dublin City Council in 2012 to relocate from a smaller premises to a different premises to serve the need in the city. It serves the needs of businesses coming from Tipperary, Limerick and other places across the country who come to the docklands early in the morning and get their vehicles tested because the vehicles need to be tested annually in contrast to private cars. This system works well. It works well for the inner city and companies in the docklands but the centre will be put out of business in three years' time. My plea to the Minister of State is for changes to be made to the statutory instrument and a bit of common sense to be applied. We want to adhere to standards but we should apply a bit of common sense to ensure the requirement for a drive through is removed.

Ossian Smyth (Dún Laoghaire, Green Party)
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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.

Marie Sherlock (Labour)
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I thank the Minister of State for the reply. We still do not have a technical explanation as to why there is a requirement for a drive through. I ask the Minister of State to ask the RSA and the Department for that technical explanation. Jobs will be lost because of this.

We will have a crazy situation whereby commercial vehicles will be in use for longer periods and will release more carbon emissions in order to get tested. Where is the consistency between the ambition of the Department to reduce emissions and what is going to happen on foot of SI 475? The reality is that people have to use commercial vehicles. If people want to tell me that commercial vehicles will not be driven around our main urban centres in the future, I want to hear that. Let us be clear about that, particularly if the RSA and the Department of Transport are saying it. Certainly, it seems commercial vehicles have to be used in urban centres. Failing to provide for testing centres in those places points to a lack of joined-up thinking on the part of the Department.

Ossian Smyth (Dún Laoghaire, Green Party)
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I thank the Acting Chairperson and Senator Sherlock. These guidelines have been flagged since 2004. They became mandatory in 2013. It is not as though they are being rushed in. There will be a further three years' grace, namely, from 2024 to 2027.

Senator Sherlock asked for a technical explanation beyond whatever has been provided to her so far. I am happy to go back to the Department and seek that on her behalf.

I appreciate that there will be a number of operators who will be impacted by this, but there is no possibility for the RSA to deviate from the requirement for a drive-through on all commercial vehicle roadworthiness, CVR, testing lanes. The requirement has been communicated since 2013. Many CVR test operators have already invested in their premises in order to meet the requirements set out in SI 475 of 2022. Many others are in the process of upgrading their premises to meet these requirements. All newly authorised CVR test operators meet the requirements of the 2013 premises and equipment guidelines because you cannot get that authorisation unless you meet the rules.