Liz McManus (Wicklow, Labour)
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Question 35: To ask the Minister for Transport the progress he has made in providing a legislative basis for the introduction of on the spot fines for licensing and tachograph offences by drivers of heavy goods vehicles and buses; if he has satisfied himself with road safety legislation on heavy goods vehicles and buses; and if he will make a statement on the matter. [35909/05]

Ivor Callely (Dublin North Central, Fianna Fail)
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Section 16 of the Road Transport Act 1999 provides for an on-the-spot fine in lieu of prosecution for offences under the Road Transport Acts and EU regulations on drivers' hours and rest periods.

The commencement of this section has been the subject of discussions with the Office of the Attorney General and the advice now is that a provision in primary legislation will be required to ensure compatibility with current fixed penalty charges legislation before the proposed fines system can be brought into effect.

My Department is currently in contact with the Attorney General's office with a view to including a suitable provision in the Road Safety Authority Bill. Such a provision would provide the basis for introduction of the fines system by ministerial regulations.

With regard to road safety legislation, the European Union rules governing drivers' hours and the use of tachograph recording equipment in heavy goods vehicles and large buses, promote road safety by prescribing minimum breaks and rest periods and limiting the amount of time spent driving. Enforcement of these rules is by the Garda Síochána and by a dedicated team of transport officers from my Department at the premises of the operator and at roadside.

The EU Commission has tabled proposals to update the existing drivers' hours rules and to significantly increase the quality and quantity of enforcement checks that must be carried out by member states. These proposals are currently in the conciliation procedure between the Council and the European Parliament with a view to finding a compromise leading to final adoption. I am satisfied that once adopted, the measures proposed will result in greater levels of drivers' hours monitoring and, through the introduction of the digital tachograph, a more secure and tamper proof system of controlling drivers and ensuring adequate rest and breaks.

While enforcement of drivers' hours rules clearly makes a contribution to safer driving, the ultimate qualification standard is the HGV driver licence, which shows that a driver has trained and passed a recognised level of competence in relation to the particular vehicle classification covered by the licence.

EU Directive 2003/59/EC of the European Parliament and of the Council on the training of professional drivers, will require professional bus and lorry drivers to follow a programme of professional driver training. The training will be compulsory for all persons seeking to become professional drivers and will comprise of training for an initial qualification followed by periodic refresher training equivalent to one day training per annum. Member states have until 10 September 2006 to bring into force the laws, regulations and administrative provisions necessary to comply with this directive. Such enhanced training regimes will make a further contribution to road safety in relation to the operation of heavy goods vehicles and buses.

As regards vehicle standards, an extensive range of requirements must be satisfied in order to use a HGV or bus in a public place. In this regard, all HGVs and 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 dimensions, overall vehicle weight and axle weight limits, the fitment of speed limiters, and, in the case of buses, maximum passenger accommodation including the circumstances where standing passengers may be carried. Notwithstanding the general speed limits that apply to vehicles, HGVs and 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. HGVs and buses over one year old are liable to annual roadworthiness testing in accordance with the European Communities (Vehicle Testing) Regulations 2004.