Written answers

Tuesday, 16 May 2006

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 320: To ask the Minister for Transport when he transposed Directive 2003/20/EC into Irish law; the categories of vehicles for which Ireland was granted exemptions from the directive; the reason an exemption was sought in each case; when these derogations were applied for by Ireland; when he expects these categories to be included in law here; if a publicity or information campaign has been organised by his Department to inform passengers and transport providers of the new requirements; and if he will make a statement on the matter. [18312/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Directive 2003/20/EC (which amends Directive 91/671/EEC) was transposed into national law by means of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006, which were made on 5 May 2006. A notice setting out the principal requirements in relation to the wearing of safety belts and child restraints in motor vehicles arising from the making of these Regulations was published by my Department in the national daily newspapers of 13 May 2006. Information on the Regulations is available on the Department's website at www.transport.ie. I understand that the National Safety Council will shortly be publishing information notices in the national newspapers concerning the new safety belt and child restraint wearing requirements.

The Directive provides for certain exemptions from the requirements to wear safety belts and child restraints which Member States may wish to avail of in giving effect to the Directive in their national law. The Regulations avail of the following new exemptions: to allow a child of 3 years of age or over to travel in a small public service vehicle on a seat (other than a front seat) if no appropriate child restraint is available; to allow a child of 3 years of age or over to wear a safety belt in a rear seat of a passenger car or LGV where 2 child restraints are already fitted and it is not possible to fit a third restraint.

In the case of the former exemption, this option was availed of because it is considered that it would be unreasonable to expect that small public service vehicles would always have the appropriate child restraint available. In relation to the latter exemption, it is considered that the measure is practical and reasonable and not availing of it would cause difficulties for families with small children.

The Regulations restate the long-standing exemptions provided for in the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991, which implemented the original safety belt wearing directive (91/671/EEC). These exemptions relate to a person wearing a disabled person's belt; a person certified by a doctor that it is inadvisable on medical grounds for him/her to wear a safety belt; driver testers and driver instructors; and members of the Garda Síochána and the Defence Forces. Another long-standing exemption, which provides that where 3 or more children under 15 years of age are travelling in the rear of a car fitted with safety belts the requirement to wear safety belts/child restraints shall apply only in so far as is reasonably practicable, is being retained until 30 April 2009.

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