Seán Crowe (Dublin South West, Sinn Fein)
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Question 418: To ask the Minister for Transport is he has satisfied himself that the best practices in terms of ensuring passenger and driver safety are being followed on public transport buses; if he has had any communications on these issues; and if he will make a statement on the matter. [23910/05]

Martin Cullen (Waterford, Fianna Fail)
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An extensive range of requirements must be satisfied in order to use a bus in a public place. All buses are required to comply with statutory requirements relating to the construction, equipment and use of vehicles as set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996.

Safety standards applied under these regulations relate, inter alia, to maximum passenger accommodation including the circumstances where standing passengers may be carried, maximum dimensions, overall vehicle weight and axle weight limits and the fitment of speed limiters. Notwithstanding the general speed limits that apply to vehicles, single deck buses are subject to a maximum speed limit of 80 km/h with double deck buses subject to a maximum speed of 65 km/h. Buses over one year old are liable to annual roadworthiness testing in accordance with the European Communities (Vehicle Testing) Regulations 2004.

In order for a private bus operator to operate a passenger road service, the operator must hold a passenger licence issued by my Department in accordance with the Road Transport Act 1932. One of the requirements to be satisfied for such a licence is that each bus to be used on the proposed route is licensed as a large public service vehicle in accordance with the Road Traffic (Public Service Vehicles) Regulations 1963 to 2002.

Tachograph recording equipment in passenger vehicles comes under the Council Regulations (EEC) Nos. 3820/85 and 3821/85 and also Statutory Instruments Nos. 392 and 393 of 1986. These regulations are enforced in respect of buses with a seating capacity of more than 17 persons including the driver. Tachograph record-sheets are used daily by the driver and these record the hours driven, breaks and rest periods.

The basic rules provide that after four and a half hours driving, a driver must take a break of at least 45 minutes. A daily driving period shall not exceed nine hours but may be extended twice in any one week to a maximum of 10 hours. In each period of 24 hours, a driver must have a daily rest period of at least 11 consecutive hours. After six days driving a driver must observe a weekly rest period of 45 hours. The tachograph record-sheets are inspected on a regular basis by inspectors from my Department. The enforcement occurs at the premises of operators and at roadside checks. Both operators and drivers have a responsibility to ensure compliance with the regulations and both are prosecuted in the case of non-compliance on drivers hours.

All other passenger vehicles that do not come within the scope of the above regulations are covered by section 114 of the Road Traffic Act 1961 and also article 15 of the Road Traffic (Public Service Vehicles) Regulations 1963 applies. These regulations are enforced by the Garda and provide that a driver shall observe a break of 30 minutes after five and a half hours driving and a driving time of 11 hours and a rest period of ten hours must be observed in each period of 24 hours. In accordance with regulations of 1963, a driver must observe a weekly rest period of 24 hours after each period of seven days driving.

Bus Éireann and Bus Átha Cliath have confirmed to my Department that they comply fully with all relevant legislation on drivers, vehicles and health and safety. As with all matters of public importance, my Department receives correspondence concerning these issues from time to time. I am, however, satisfied that the aforementioned regulations and controls provide a framework for a safe, convenient and comfortable bus transport system for both passengers and drivers.