John Gormley (Dublin South East, Green Party)
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Question 320: To ask the Minister for Transport the body or authority who is responsible when fatal accidents occur on roads which are being reconstructed; his views on whether a totally independent body should be set up to bear responsibility for carrying out investigations to determine whether the road where fatal accidents occur is constructed in compliance with road construction standards and regulations and that the speed limit in place is in accordance with design and status of the road at the time of the accident; and if he will make a statement on the matter. [37755/05]

Martin Cullen (Waterford, Fianna Fail)
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The primary investigative role in relation to road accidents is vested in the Garda Síochána. Such investigations seek to determine the causes of road accidents including, where appropriate, road construction or surface standards. The Garda reports on these investigations are forwarded to the National Roads Authority and subsequently to each local authority for the purpose of the establishment of accident trends and causes generally and to facilitate the carrying out of remedial works relating to road infrastructure where such action is deemed to be necessary.

The safe management of road improvement works is a matter for the road authorities involved and their contractors. I understand that requirements and standards in relation to pavement improvement works and resurfacing are set out in the NRA specification for road works. I also understand that two circular letters were issued by the NRA in March and May 2002 and that the NRA has since consolidated and reissued these circulars supplementing, where appropriate, the previous guidance. Requirements on the provision and deployment of traffic signs at road works are set out in the Traffic Signs Manual 1996. A major review of that manual is being pursued. The timely completion of road improvement works in accordance with these requirements is a matter for the local authority concerned and, as part of its overall supervision of the national roads programme, the NRA.

Furthermore, section 10 of the Road Traffic Act 2004 provides that a county or city manager may make a road works speed limit order for the application of a speed limit on any road or part of a road, including a motorway, where road works are being carried out. A road works speed limit order can be applied for any period of not more than 12 months and the minimum speed limit that may be put in place by such an order is 30 km/h.

Before making an order under section 10, a manager must give notice of the proposal to the Garda Commissioner and consider any representations made by the Commissioner. The consent of the National Roads Authority must be given in respect of any proposals to apply a road works speed limit on any part of a national road or a motorway. Notice of the making of a road works speed limit order must be published in one or more newspapers in circulation in the county or city where the road in respect of which the order is to have effect is located.

I have no plans at present to propose alternative arrangements for investigating road accidents or for the requirements and standards in relation to road improvement works.