Ruairi Quinn (Dublin South East, Labour)
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Question 785: To ask the Minister for Transport if he will provide a list of the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not yet in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [24902/05]

Martin Cullen (Waterford, Fianna Fail)
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The information requested by the Deputy is set out below.

With regard to road haulage, a commencement order has yet to be made in respect of section 16 of the Road Transport Act 1999. This section provides for an "on-the-spot" fine in lieu of prosecution for offences under the Road Transport Acts and regulations on drivers' hours and rest periods. The commencement of this section is currently the subject of discussions with the Office of the Attorney General and an amendment of the primary legislation may be required before this section can be brought into effect.

With regard to road traffic, there are no plans at present to commence Part 5 of the 2004 Road Traffic Act. Its provisions were included in the Road Traffic Act to deal with the possibility that the current unlimited liability for third party motor insurance cover could prove to be unsustainable in the market. This situation has not arisen and therefore Part 5 has not been commenced.

The provisions of section 93 of the Road Traffic Act 1961 relating to protection of bridges from excessive burdens, as amended by section 61 of the Road Traffic Act 1968, are being examined in the context of the review of the Traffic Signs Manual, 1996, that is being undertaken at present. A decision regarding the commencement of this section will be taken when that review is completed.

Section 9 of the Road Traffic Act 2002 relating to disqualification pursuant to the European Convention on Driving Disqualification, as amended by section 25 of the Road Traffic Act 2004 and associated Second Schedule to 2002 Act, will be commenced when reciprocal measures at national and international level are in place.

Section 12 (1), (3) and (4) of the Road Traffic Act 2002, as amended by section 23 of the Road Traffic Act 2004, together with the related Parts 1, 2, 3, 4 and 5 of the First Schedule, Penalty Points of the Road Traffic Act 2002, relate to the operation and enforcement of the fixed charge system and the application of the penalty points system to certain road traffic offences. These provisions, except insofar as already commenced, will be progressively commenced as the operation and enforcement of the fixed charge system is extended to the specified offences. This will occur once the Garda Síochána IT processing system and related administrative supports are in place.

Sections 13 and 14 of the Road Traffic Act 2002 are broad enabling provisions. There are no proposals to commence these sections at this time. It is proposed that consideration will be given to the transfer of functions required under section 16 of the Road Traffic Act 2002 to local authorities in 2006.

Regarding the Taxi Regulation Act 2003, commencement of section 35 requires further consultation with licensing authorities and the Courts Service, among others, to ensure that the appropriate arrangements for implementation are in place.

Commencement of section 36, as amended by section 36 of the Road Traffic Act 2004, requires further consultation with licensing authorities, the Garda Síochána, the Courts Service, among others, to ensure that the appropriate arrangements for implementation are in place. Specific legal advice on a number of issues surrounding the practical application of the section has been sought from the Office of the Attorney General. Section 44 (5) will not be commenced pending the commencement of section 36 of the Taxi Regulation Act 2003.

Regarding aviation, the provisions of the Aer Lingus Act 2004 which provide the legal framework to facilitate third party investment in the company will be commenced immediately prior to an investment transaction and the provisions which facilitate ESOT board representation will be commenced as required.