I move: "That the Bill be now read a Second Time."
Few measures which have come before this House have been so often introduced as a Road Traffic Bill. For various causes—one of which was the dissolution of the Dáil early in 1932 with resultant change in the Administration—the last Bill did not proceed beyond the Committee Stage and even though it passed through that Stage it was to have been recommitted on Report Stage and the Government amendments brought forward. On the Second Reading of that Bill I said that in the nature of things it was not a Bill that could be treated in any sense as a Party matter, and that my colleagues had gone through the Bill fairly thoroughly and they were satisfied it was a measure that met the needs of the time to a very considerable extent. The Bill of course was capable of suitable amendment, as I think everybody concerned appreciated that in a Bill of such magnitude touching so many phases of everyday life there was room for justifiable differences of opinion. Subject to certain changes which we have made and which I will indicate later we have not made any very substantial alterations. The Bill in its scope is the same as the Bill which was introduced by my predecessor in 1931.
I will now recapitulate the main provisions of the Bill as now submitted for Second Reading. Certain matters of a detailed nature have been dealt with somewhat differently, but many of these matters are of the nature of drafting amendments, and others are more suitable for mention on the Committee Stage. The Bill contains 175 sections, compared with 160 sections in the original Bill. There are in fact, 16 new sections—Nos. 9, 12, 17, 19, 47, 53, 68, 69, 80, 133, 135, 150, 164, 166, 167, 168. One section, 167 in the old Bill providing for fixing of damages by judge instead of jury has been dropped. The Bill is divided into 11 parts, and contains a schedule repealing five Acts entirely, and specified portions of 11 other Acts. The present Bill is a codifying measure retaining anything of present day value in the old Acts, and bringing up to date what is regarded as essential as well as introducing much new matter to meet modern traffic necessities.
I will take the Bill by reference to its sub-divisions. Part I (Sections 1 to 13) contains the usual definitions, clauses and provisions relating to the general powers of the Minister to make regulations and hold inquiries as well as the procedure relating to the making of by-laws by the Commissioner of the Gárda, where the Minister's consent is required. Section 8 sets out in greater detail than formerly the procedure to be followed by the Commissioner, and empowers the Minister to confirm a by-law with modification. Part I also exempts the State from compulsory insurance, but the responsibility of the State is recognised by Section 168, in Part XI of the Bill, and I will deal with that matter when I am on that part of the Bill.
Sections 10 and 11 relate to finance, the former being aimed at a simplification of the financial arrangements provided under the Roads Act, 1930. The fundamental characteristic of the Bill in the matter of finance is that all outgoings in relation to its working. whether incurred by the Department of Local Government and Public Health or any other Department are, subject to determination by the Minister for Local Government and Public Health, with the concurrence of the Minister for Finance, to be proper charges to be met from the Road Fund and all fines and fees chargeable under the Bill are to accrue to the benefit of that Fund.
The new clauses in this Part are Nos. 9 and 12. No. 9 was considered necessary to facilitate proof of by-laws. No. 12 is a saving clause usually included in Acts relating to mechanically-propelled vehicles. As to Section 13, the Bill aims at the placing of control for its administration under one authority and this section accordingly repeals provisions of enactments giving concurrent jurisdiction to other authorities.
Part II (Sections 14-20) provides for the classification of mechanically-propelled vehicles according to weight, construction and use under descriptions which in themselves indicate in less technical language than formerly the particular type of vehicle. Classification is in effect in the nature of definition for the purposes of other Parts of the Bill, e.g., speed limits. A power to the Minister to vary the classification is proposed, as it is considered desirable to provide for contingencies arising out of modern development. It will be noted, however, that no order varying the classification can come into force until it has received the approval of each House of the Oireachtas. This is a variation of the former Bill which contained the usual clause merely requiring the order to be laid on the Tables of the House for a specified period. The new clause requires affirmative sanction.
This Part also contains provisions for regulating the construction and equipment of mechanically-propelled vehicles, including the conditions under which such vehicles may be used; for the prevention of excessive noise; regulating the number of trailers which may be drawn at any one time; providing for the issue of special permits for exceptional types of vehicles. Occasionally in the carrying out of important public work it is essential to take an exceptional type of vehicle by road. The Bill will enable this to be done and provides for the imposition of conditions, e.g., the owners might be required to take the vehicle between certain specified hours, etc., or if they damaged the road they might be required to repair it. The power to deal with exceptional vehicles is one of the new sections of the Bill. Another new section is No. 19, relating to the provision of weighbridges. The existing facilities for the weighing of heavy motor cars and locomotives are inadequate and, as will be seen from Section 16 (4), the person in charge of a vehicle may be required to bring his vehicle to a weighbridge in certain circumstances, it is essential that the existing law in the matter should be strengthened.
It will be noted that part of the expense of erecting, maintaining and operating a weighbridge is to be deemed to be part of the expense of maintaining the road. It will, therefore, fall to be aided by grants from the Road Fund where such grants are made for road upkeep.
Part III (Sections 21 to 45) taken with Part VI (sections 78, 79, 80) deals with the grant of licences to drive motor vehicles, the grant of certificates of fitness and of competency, the endorsement of licences, disqualifications, the driving of motor vehicles by persons who are drunk or otherwise unfit.
I have thought it well to raise the minimum age for the holding of a driving licence to 16 years of age—it was 14 in the original Bill, 15 in that Bill as amended in Committee. It is a matter upon which there will, doubtless, be some difference of opinion, and is eminently one for the Committee Stage.
The Bill imposes severe penalties both by fine and imprisonment for driving without a licence or driving while disqualified. It does not ask for certificates of fitness if the applicant can make a declaration that to his knowledge he is not suffering from any disease or physical or mental disability which would be likely to cause his driving to be a source of danger to the public. Provision is, however, made for licences to drive invalid vehicles or vehicles specially adapted to meet a physical disability. In the case of public service vehicles, the drivers of which are acting in a public capacity, certificates of competency will be necessary.
Different minimum ages are laid down for drivers of
(a) motor cycles—16 years;
(b) light motor vehicles—17 years;
(c) heavy motor cars or locomotives not carrying passengers for reward—18 years;
(d) any kind of motor vehicle—21 years.
To assist in identification of drivers; holders of licences will be required to sign their names on the licences.
The law is being considerably strengthened by the provisions (Section 29) relating to the driving of motor vehicles while knowingly suffering from disease or disability rendering driving a source of danger to others and by the provisions (Section 30) as to driving while under the influence of drink. In the latter case heavy fines or imprisonment or both fine and imprisonment may be imposed with automatic disqualification for twelve months for a first offence and three years for a second or subsequent offence. The Bill, at the same time, empowers the courts to review the periods of disqualification after certain intervals. Power is also proposed to be taken to bring suspected cases of physical or mental disability before the courts.
The Bill also aims at making it more difficult for disqualified persons to obtain licences by requiring circulation to all licensing authorities of the record of disqualification and endorsements; and imposes heavy penalties by fine and imprisonment on disqualified persons applying for or obtaining driving licences during the period of disqualification.
Part IV (Sections 46-55) is concerned with the important questions of speed limits and the prohibition of careless and dangerous driving.
No speed limit is proposed in the case of a motor-cycle or for the light motor vehicle unless the latter is drawing another vehicle, when the limit is 25 miles per hour. For single-deck large public service vehicles fitted with pneumatic tyres, 35 miles per hour is proposed; for double-deck large public service vehicles fitted with pneumatic tyres, 15 miles per hour is proposed; for other large vehicles fitted with pneumatic tyres and not drawing a trailer, 25 miles per hour is proposed; for other large vehicles fitted with pneumatic tyres and drawing a pneumatic tyred trailer, 20 miles per hour is proposed; for other large vehicles fitted with pneumatic tyres and drawing a trailer not wholly fitted with pneumatic tyres, 10 miles per hour is proposed; for heavy vehicles not wholly fitted with pneumatic tyres and not drawing a trailer, 15 miles per hour is proposed; if drawing a trailer, 10 miles per hour is proposed; for locomotives with soft or elastic tyres with or without trailer, 10 miles per hour is proposed; for other locomotives (that is with, say, iron tyres or drawing two trailers), 5 miles per hour is proposed.
One of the new sections added to the original Bill is No. 47, under which power is proposed to be taken to make orders varying the speed limits laid down by the Bill, but such orders cannot come into force until they shall have received the approval by resolution of each House of the Oireachtas. This provision will make the Bill more flexible, while preserving at the same time direct control by the Oireachtas.
Although the Bill lays down maximum ordinary speeds there may be places, times, or occasions where and when special speed limits would be necessary, and provision is made accordingly. Applications for special speed limits are not confined to councils of counties or county boroughs or boroughs of 10,000 population as at present. The usual penalty clause (Section 49) is provided for contraventions of the speed limits. Careless driving as distinct from dangerous driving is also dealt with, and particularly severe penalties for the latter offence are proposed. The Bill has been modified (Section 51 (3)) to the extent that a person charged with dangerous driving may, if not convicted of that offence, be convicted of careless driving. Careless driving includes driving without reasonable consideration for other persons and vehicles. Many such cases will occur to Deputies.
The penalty for driving a dangerously defective vehicle has been increased from £10 in the last Bill to £50, as it was felt the former penalty was altogether too low, and the consequences of driving, say, a vehicle without brakes or with brakes out of order might be very serious. The present law with regard to fire brigade and ambulance motor vehicles is somewhat obscure, and it was considered desirable to provide—Section 53—for the grant of exemptions in respect of such vehicles. In the matter of prosecutions the Bill contains provisions (Section 56) for the giving of warning and reasonable particulars to persons about to be prosecuted.
It should be noted that Sections 48 (special speed limits), 49 (prohibition of exceeding speed limits), 50 (prohibition of careless driving), 51 (prohibition of dangerous driving) and 55 (evidence and notice of offences) apply in whole or in part to any vehicle, not merely to mechanically propelled vehicles.
Part V (Sections 56-77) relates to a matter of supreme importance, viz., compulsory insurance. It is a subject which might very appropriately be dealt with in a separate Bill, and is one of the most important, if not the most important part of the whole Bill. It may also be said to be the most highly technical. It lays down in short, that no person can lawfully drive a motor vehicle unless adequate provision is made for the payment of damages for injuries to person or property in the case of third parties, caused by negligence in the use of such a vehicle. That provision may be made either by depositing a sum of £15,000 with the Accountant of the Courts of Justice or by getting a policy of insurance or guarantee from a person who has made such a deposit. I presume most of the members of the House will themselves lay down the £15,000 deposit.
I do not think there is much further to be said at this stage in reference to the detailed provisions of this part of the Bill. Very many alterations have been made in some of the clauses as originally drafted, and new clauses have been added. One of the new clauses added is that providing for the limitation in respect of injury to property to a sum of £1,000. In the case of personal injuries there is no limitation. The limitation in the case of property was decided upon after consultation with persons immediately concerned with insurance. The alterations in the other clauses are not of a type suitable for mention at this stage, and will, of course, be specially brought forward on Committee. Some fears were expressed when provisions relating to compulsory insurance were previously before the House concerning difficulties which people may experience in obtaining insurance, or if obtaining it, being only granted it at exorbitant rates of premium. I have been assured, however, that the insurance companies operating here are willing to do their best to give effect to the Bill in a reasonable way, and will take certain suitable steps to secure that insurance is not denied to anyone reasonably entitled to it. This remark also applies to insurance at reasonable rates of premium.
Part VI (Sections 78-80) has been dealt with in conjunction with Part III. Section 80, however, is one of the new sections added to the Bill. It removes a difficulty which existed under the previous Bill. The new section enables unlicensed persons to be tested as to their skill and competency. As the Bill originally stood, a person should first hold a licence before he could be tested.
Part VII (Sections 81 to 127), Part VIII (Sections 128 to 143), i.e., 63 sections in all, contain full proposals for the regulation and control of public hire vehicles, large or small, or as they are called in the Bill, public service vehicles. Part VII relates generally to the control and regulation of such vehicles, while Part VIII contains special additional provisions applicable to the small street service vehicle, i.e., motor vehicles standing on the streets for public hire—in the case of cities taxicabs.
The scheme of control and regulation is that no person can use a motor vehicle for the purpose of carrying passengers for reward unless such person holds a licence to do so from the Commissioner of the Gárda Siochána. The licence must relate specifically to that vehicle. The vehicle must be serviceable, safe and otherwise fit for the accommodation of passengers and must comply with the Minister's regulations as to construction and equipment. No licence can be issued without prior inspection and examination by a member of the Gárda who, in the Commissioner's opinion, is properly qualified to make such examination and inspection. These words (i.e., those in italics) have been added to the Bill. Periodical and occasional inspections are also provided for and such inspections will extend to the fittings and equipment of the vehicle.
The Section (91) dealing with the use of a public service vehicle while it is unserviceable or unsafe for passengers has been strengthened by its extension to cases of dilapidation or lack of cleanliness. The penalty has been raised from £10 in the original Bill to £20 as the former penalty was felt to be too low.
Detailed provisions are set out in relation to the grant and refusal of licences, powers of dealing with unserviceable vehicles, grant of drivers and conductors' licences, including provisions for appeals to the Minister generally in cases where the vehicle and to the courts in cases where the character of the applicant is in question.
The original provision requiring a conductor to be carried on a vehicle having seating accommodation for more than 14 passengers is still maintained but made specifically to apply to cases of over 14 adult passengers. Normally this would apply to vehicles with sitting accommodation for 20 passengers and upwards as vehicles are usually constructed by reference to the maximum of the taxation scales. These scales are 7 to 14; 15 to 20; 21 to 26; 27 to 32; over 32.
Other important portions of Parts VII and VIII are the provisions relating to overcrowding; rush hour traffic; conduct of passengers, drivers and conductors; restriction of omnibuses to approved roads.
Both Parts (VII and VIII) contain provisions as to the use of the streets by both large and small public service vehicles.
In all cases where by-laws or regulations affect local areas particularly the original Bill has been amended to provide for prior consultation with the local authority concerned.
Part IX (Sections 144 to 157) deals with the general control of traffic and includes matters relating to automatic signals and the laying down of white lines, the provision of vehicle stations by local authorities, the provision and control of parking places, the licensing of parking attendants. Most of this part may be stated to be, speaking generally, intensely modern in its scope, several of the matters dealt with not having been the subject of previous legislation here.
The power to local authorities to provide vehicle stations is an addition to the original Bill, and meets some suggestions put up with special reference to the City of Dublin. No doubt it will prove useful elsewhere, and its enactment will avoid the necessity for procceding by Private Bill legislation.
The power to close roads to mechanically propelled vehicles or to certain classes of such vehicles on the ground of the unsuitability of such roads is contained in the Roads Act, 1920, but it has been considered desirable to provide in the present Bill for the application of such a power to all vehicles whether mechanically propelled vehicles or not.
Cases arose where county councils asked the Minister for orders in respect of all vehicles, and owing to the absence of statutory authority such applications could not be considered.
In the new section the penalty has been increased to £20 from £10.
A new sub-section (No. 6) has been added to Section 155, concerning traffic over bridges, providing for liability for damages to the owner of the bridge. The penalty in this section has also been increased from £10 to £20.
Part X (Sections 158 to 162) brings up to date the lighting provisions already in existence, and adds considerably to those provisions.
At least two white lights will be required on every motor car (at present only one such light is required); the present red rear light will, of course, also be required as well as a white light illuminating the identification plate.
For non-mechanically propelled vehicles one white light at least in front will be necessary, and where such vehicles carry a load projecting more than six feet to the rear a red light.
A new sub-section (No. 5) has been added requiring all vehicles, including pedal cyclists, to carry a red reflector visible to a person in the rear of such vehicle. It is felt that even motor vehicles should, owing to the occasional failure of the red rear lamp ordinarily carried, be fitted with red reflectors so that the lights of overtaking motor vehicles can "pick them up." The fitting is inexpensive and should be helpful in minimising the risk of accidents.
Provision (159) is also made for regulating the lighting of trailers and vehicles drawing trailers, as well as for additional lamps. The dazzle problem is not yet apparently solved, but power is proposed to be taken to deal with it. The question of exemptions is also provided for where vehicles are used for special purposes or in special circumstances.
As regards the proposals in the original Bill relating to the carrying of lights in connection with the driving of live stock the section has been redrafted so as to permit reflectors to be used instead of lamps. The new proposals should not cause any hardship and the carrying of reflectors will be a safeguard for all concerned.
I now come to the concluding Part, viz., Part XI (Sections 163 to 175). This Part, as its title indicates, deals with miscellaneous traffic items. It contains valuable provisions by way of new legislation. One of the principal of these is the acceptance by the State of liability for damages arising out of the negligent driving of State-owned motor vehicles. Whatever may be said for the system under which the State made payments in respect of injuries caused by State-owned vehicles, I do not think that anyone regarded that system of ex gratia payments as at all satisfactory. When this matter was previously before the House it was, I think, the general feeling that the position should be looked into and improved. After the fullest possible consideration we have come to the conclusion that in this matter the State should stand in the same position as any of its citizens. It will not, of course, be necessary for the State to ensure, and I do not think that there will be any second opinion on that point.
There was much misconception during the last discussion as to the number of State-owned vehicles. Out of a total of 56,570 vehicles of all classes, licensed in August, 1932, only 410 were the property of the State, as follows:
|
Department of Agriculture |
2 |
|
Department of Defence |
141 |
|
Department of Finance |
9 |
|
(Board of Works, 7; Stationery Office, 2) |
|
|
Department of Justice (Gárda) |
52 |
|
Department of Posts and Telegraphs |
206 |
|
410 |
In this Part also we deal with the driving of motor vehicles for excessive periods. The provisions in the Bill under this head are also an addition to the original Bill, and we think it would be far from complete without some such provisions. On all sides complaint has been made of the excessive hours men are employed to drive, and one must not be surprised if accidents happen in such circumstances. The provisions of the Bill in this respect are the special concern of the Minister for Industry and Commerce, and will be administered by his department. Another new section in this Part of the Bill is No. 164, requiring the attendance of additional persons where two or more trailers are drawn.
The person who takes a vehicle without authority, commonly referred to as the "joy-rider," is also being dealt with, as well as the person who interferes without authority with the mechanism of a motor vehicle. In the latter case the penalty has been increased from £5 to £20. Additional provision has also been made with respect to the disposition of a vehicle where a person has been arrested.
Provision is made for payments to hospitals in respect of treatment to injured persons and for the extension to the real and personal estate of the liability for injury occasioned by the negligent driving of a mechanically propelled vehicle. The present position under both these heads is somewhat unsatisfactory. I do not think I need refer specially to the remaining sections in this Part of the Bill. I have already referred to the Schedule in my opening remarks.
Throughout the Bill I have dealt with what is in it. I now want to allude to a section which we have dropped. I refer to the section in the former Bill which placed the fixing of the amount of damages for negligent driving in the hands of the judge instead of the jury. We think that the original position was not satisfactory and was undesirable. The new provision making the State liable, as if it were a private citizen, places us in the same position as insurance companies. We are not nervous that juries will award excessive damages, the safeguarding of which was, I think, the prime object of the original proposal. It is, of course, a matter that no doubt we will hear some arguments about, but at the moment we are not convinced as to the desirability of such a proposal, and we therefore dropped it from the Bill now before the House.
I think the Bill will be regarded as comprehensive a measure as has come before the House for some time. As I said at the beginning it is not a Bill that can be treated as a Party matter. The House has changed considerably in its personnel since the previous measure was introduced. I think, in fact, there are some sixty-eight new Deputies. I feel that I can look to all Parties, to Deputies who have been here before and to the new Deputies to make the Bill meet in every way the necessities of modern traffic and above all to safeguard life and limb on the public roads. I certainly will consider very carefully any amendment or suggestion which will improve the Bill and I accordingly commend it to the House for Second Reading.
