I move: "That the Bill be now read a Second Time."
The primary focus of the road traffic Acts is to establish a legislative basis for the safe use of the nation's road network. This focus is promoted in particular through the promulgation of laws relating to the behaviour of road users, the safety of vehicles and the use of traffic signs and other safety related infrastructure. To underpin and support those laws, the Acts provide for the application of a range of penalties and driving disqualification orders aimed at promoting compliance with the rules and regulations made to promote safety on our roads.
This Bill marks a further development and enhancement of a code of law that was promulgated originally in 1961. The Road Traffic Act, 1961, remains the principal reference point for traffic law in this State. That Act replaced and enhanced a range of codes that had been in place since 1933 and saw the introduction of a series of initiatives such as consequential disqualification orders, the offences of dangerous and careless driving and the universal requirement for driving tests. Legislative initiatives since 1961 have supported the introduction of a comprehensive code relating to drink driving, a refinement of speed limit controls and the enhancement of the role of local authorities regarding the adoption of decisions relating to the control of traffic in their respective functional areas.
The proposals contained in this Bill are aimed at a further enhancement of the legislative framework already established. As with other amending legislation within the road traffic code, the Bill ranges over a number of disparate areas. However, there is a central theme that permeates its main provisions.
The Bill is driven by the need to improve road safety. Through its five year national strategy for road safety and policies and measures under this, the Government has given an unprecedented priority to road safety. This is now matched by urgent media and public attention to road safety issues, with particular reference to the attainment of the 20% reduction targets in deaths and injuries within the lifetime of the strategy.
This is the first Irish Government to have adopted a national road safety strategy. It is ambitious and hard edged and it has set demanding and quantified targets. In sponsoring its road safety strategy, the Government has, therefore, deliberately made itself more accountable than before for progress on road safety activities. Real and worthwhile gains are being made in road safety within the framework of the strategy. Between 1997 and 2000, the level of road deaths has fallen by 12.1%. Over the same period, the number of serious injuries decreased by almost 25% relative to the reduction target of 20%. Early indications are that these positive trends have been maintained in 2001.
Particular progress has been made in relation to traffic law enforcement. A testament to intensified Garda activity is the fact that in 2000, 224,000 on the spot fine notices for speeding have issued. In addition, 59,000 similar notices have issued in respect of the non-wearing of seat belts while there were 10,400 detections for drink driving. Therefore, the principal reference point for the promulgation of the Bill is the Government's road safety strategy. The strategy recommends that a number of legislative initiatives must be taken for the purpose of supporting its central themes. The primary focus of the Bill is, therefore, the promotion of road safety through the introduction of new deterrents and a review of the financial penalties applying to traffic offences generally.
The principal purpose of the Bill is to provide for a system of penalty points for minor traffic offences. The Bill also increases certain financial penalties for road traffic offences; provides for the introduction of a revised system of fixed charges to replace the current on the spot fine system; extends the use of cameras for the establishment of a constituent of a traffic offence; permits preliminary breath testing of drivers where they are involved in a road accident or a breach of road traffic law; provides a framework for implementing the EU sponsored European Convention on Driving Disqualifications, which permits the imposition by member states of driving disqualifications for offences committed in another State; authorises the procurement by the Minister for the Environment and Local Government of certain services under the Road Traffic Acts through the use of contractors; permits the control and management of traffic by local authorities for reasons of environmental protection; and assigns responsibility for the control of taxi stands and bus stops from the Garda Commissioner to local authorities.
Before dealing with individual provisions in the Bill, I propose to order my remarks on the basis of its general objectives. The major innovation of the Bill and its principal purpose is to provide for the introduction of a penalty points system. This initiative reflects a commitment given in the Government's road safety strategy. As indicated in the strategy, the design of this system required careful consideration in Irish circumstances especially in the context of the exclusive constitutional role of the courts in the administration of justice. This gave rise to protracted examination of the legal issues in consultation with the Attorney General. The House will appreciate that to proceed otherwise could have given rise to uncertainty.
Penalty points systems operate in a number of countries, including four other member states of the European Union. Such systems have by no means been adopted by all or even a large number of developed countries. For example penalty points systems are not operated in some EU member states that boast the most advanced road safety records. However, in the United Kingdom, Australia and Canada, the introduction of penalty points systems has been regarded as having contributed significantly to the improvement of driver behaviour with a consequent reduction in road casualties.
In introducing penalty points, we are seeking to promote the same focus that has been successful in other countries. The aim of the system is to improve driver behaviour by instilling greater caution and responsibility in motorists. It is also hoped that the system will see a transfer of most of the enforcement of traffic offences from the courts to an administrative process. To further support that latter aim, the Bill proposes a radical review of the maximum financial penalties associated with traffic offences, the introduction of a new system of fixed charges and the extension of the circumstances where cameras and other equipment can be used in the detection of traffic offences.
While the level of on the spot fines was last reviewed in 1994, the main financial penalties provided for in the Road Traffic Acts have remained unchanged since 1984. Through this Bill, the opportunity is being taken to adopt across the board increases to the maximum penalties applying to traffic offences. The general penalty which applies to the majority of minor offences under the Road Traffic Acts has been raised from its current value of £150 to 800, that is the equivalent of £631. The many specifically designed maximum penalties in traffic legislation are also being considerably increased.
The Bill introduces the first major review of the administrative penalty system provided for under the road traffic Acts since 1961. The new system of fixed charges involves a redesign and refinement of the current on the spot fine system. The new system will underpin the penalty points system and will bring greater certainties to the operation of administrative penalties. It will feature the introduction of a two-tiered payment that will see the level of the charge increased by 50% where payment of the original amount is not made within 28 days of the issue of the original notice. The range of offences to which the penalty points system will apply creates the impetus for a major extension to the scope of the offences to which fixed charges will apply. In addition, the significant increases in the maximum fines for offences being promoted through this Bill will allow for the introduction of significant increases in the levels of fixed charges when compared to the current on the spot fines. Regulations to give effect to those changes will be pursued quickly following the passing of the Bill. The environment under which traffic law is enforced will be further enhanced through the adoption of the European Convention on Driving Disqualifications which is being facilitated through this Bill.
The laws on drink driving were comprehensively reviewed and updated through the Road Traffic Act, 1994. However, a commitment was given in the road safety strategy that there would be a review of the current legal requirement for a member of the Garda Síochána to form the opinion that a person has consumed alcohol before a breathalyser has been used. The Bill provides for a significant extension to the powers available to the Garda.
In addition to those matters that can be regarded as falling within the overall area of the enhancement of the enforcement of traffic law, this Bill also addresses a number of additional issues. It provides for a streamlining of the basis for agreements between the Minister and other parties to carry out certain functions under the Road Traffic Acts. In addition, the Bill introduces for the first time a provision through which restrictions may be imposed on traffic for the exclusive purpose of the protection of the environment and further streamlines responsibility for the application of controls relating to traffic and public service vehicles.
I will refer in some detail to the main initiatives proposed in the Bill. Sections 2 to 7 and the First Schedule provide for the introduction of penalty points. This system is being promoted both in the context of road safety and as a contribution to the overall enforcement of traffic laws. The Road Traffic Acts already identify a number of very serious offences in respect of which a conviction leads automatically to the imposition of a consequential disqualification. In many instances the disqualification only applies on conviction for a second or subsequent offence. Great care has been exercised in ensuring the penalty points system will extend to those offences that have a direct impact on road safety other than those that attract consequential disqualification orders.
The system as proposed provides that in the case of the majority of offences, there will always be a distinct choice presented to a person who receives a notice of the commission of a penalty point offence. The person can either pay the fixed charge and incur a low level of points or he or she may decide to allow the matter to proceed to court. Where a court convicts a person, the level of penalty points is increased significantly. Unlike systems in other states, that proposed in the Bill is exemplified by a significant degree of certainty. In every case, the person on whom a notice is served will be fully aware of the number of penalty points that will apply where a fixed charge is paid or where a conviction is given by a court. In the case of certain offences, the option of the payment of a fixed charge is not being made available. These represent the most serious of the offences which are included in the First Schedule, including careless driving, using a vehicle without insurance and driving a dangerously defective vehicle.
Penalty points will be recorded for three years and where a total of 12 is reached the person will be automatically disqualified from driving for six months. This is the first occasion where a disqualification will be applied without the direct intervention of a court. This reflects the fact that a person will reach that threshold only where he or she is involved in a number of separate incidents involving offences that attract penalty points. In addition, penalty points will be recorded in many incidents where a person decides to pay a fixed charge to avoid the matter proceeding to court. The current arrangements through which a disqualification following a conviction for the commission of a single serious offence is imposed by a court will continue to be the case.
The operation of penalty points will be supported by necessary organisational and IT infrastructure. Preparations for these developments are under way. The software application of a national driver file, NDF, was completed in late 2000 and is being rolled out and tested. Consultants have been engaged and are progressing the addition of penalty point functionality to the NDF. That enhanced licensing record will be supported by IT developments being pursued by both the Courts Service and the Garda to provide for the notification to that record of incidences leading to the recording of penalty points. In addition, the penalty points system will be further supported by the commencement of section 25 of the Road Traffic Act, 1994, which requires all drivers to carry their driving licences.
In association with the introduction of penalty points and to further support the operation of driving disqualifications generally, section 21 provides that in certain circumstances a person who is accused of an offence and the offence is to be tried in court may be required to present his or her licence to the Courts Service for recording purposes.
Section 9 facilitates the entry into force of a framework for bilateral co-operation with other EU member states in applying driving disqualifications for a number of serious road traffic offences committed in another member state. This is based on and gives effect to the European Convention on Driving Disqualification that was adopted at EU level and signed by Ireland in 1998. The focus of the convention is to ensure that a person who commits a serious traffic offence in one country cannot escape the full effects of a disqualification imposed by that country by the simple expedient of going to another state. This also creates the certainty that where disqualifications are imposed, all recipients suffer the full consequences and effects of the disqualification irrespective of whether they are citizens of that state.
The Bill introduces a new administrative system in respect of disqualifications generally. With the advent of penalty points, the concept of the courts applying endorsements to licences is not being continued. It has been determined that the approach to the recording of penalty points, which is based on the details being recorded in the national driver file, will be put in place in respect of all disqualifications. This is facilitated by amendments to section 37 of the Road Traffic Act, 1961, that are being introduced through section 8. In addition to improving the overall administration of disqualification orders generally, this new approach reflects the fact that new developments in the design of driving licences being considered by the European Union will mean that the current arrangements through which disqualifications are endorsed on licences cannot be continued in the medium to long term.
Section 10 extends the grounds on which a member of the Garda Síochána may require a driver to provide a preliminary breath specimen. The section provides that where a driver is involved in a road accident or where a garda considers that a road traffic offence has been committed, he or she may require that the driver provide the specimen. This is in addition to the current grounds where the garda has formed an opinion that a driver has consumed alcohol. There is international research available which indicates that alcohol is a factor in up to 40% of road accidents. Estimates in Ireland suggest that alcohol is a factor in 33% of fatal accidents. There is, therefore, a clear case for directing this proposed enhancement of the enforcement of drink driving legislation at drivers involved in accidents. A similar argument can be made in relation to incidents where motorists breach traffic laws. I consider that breath testing on the more selective basis provided for in the Bill represents a significant improvement on current arrangements but maintains an efficient use of resources and brings us into line with practice in Great Britain and Northern Ireland.
I am prepared to listen to arguments for the introduction of full random breath testing. Significant improvement in driver behaviour could arise from the knowledge that any driver may be stopped at any time for the purposes of a breath test. However, the introduction of random breath testing raises a number of important issues, in particular in relation to enforcement. I look forward to the debate on this issue.
Sections 11 and 12 provide for the replacement of the current on the spot fine system with the new system of fixed charges. The new system will offer a greater degree of certainty to the enforcement agencies and will offer the accused person a clear and unambiguous choice. The ramifications of each of the alternatives available to him or her will be clearly identified. This will be of particular importance in the context of penalty point offences. In association with the development of the fixed charge system a number of significant amendments are proposed in these sections that will further enhance enforcement. In the first instance, greater clarity is being introduced in the operation of the new system by comparison to its predecessor where a detection of an alleged offence does not involve the direct intervention of a member of the Garda or a traffic warden. In addition, the sections place a greater level of responsibility on the registered owners of vehicles in relation to their use. The sections specifically provide that in the absence of the naming of another driver, responsibility for the alleged commission of an offence will lie with the registered owner.
Section 13 introduces, for the first time, a legislative basis for the adoption of controls on traffic and vehicles for the express purpose of the protection of the environment. Regulations under the section may be made in respect of issues such as controls on the construction, equipment and use of vehicles, the carrying of specified goods or materials, the prohibition of vehicles from entering certain places and the maximum speed limits applying to vehicles. Regulations may also apply restrictions on the use of specified fuels in vehicles.
Section 14 of the Bill provides for the streamlining of the statutory basis for agreements between the Minister for the Environment and Local Government and other persons for the more efficient performance by these people of functions under the Road Traffic Acts, other than functions involving the making or approval of statutory instruments. The section allows the Minister to enter into an agreement with a person or company for that person to provide specific services under the Acts. Agreements may provide for fees or payments to be made and for the disposal of those moneys. Examples of agreements of this nature already entered into are those relating to the national car test and the theory test.
The Road Traffic Act, 1994, introduced significant changes to the law as it applies to the general control of traffic and parking on our roads. In particular, that Act provided for a much greater empowerment of local authorities in relation to the determination of key traffic controls. Local authority members were given specific powers to determine the locations in their areas where speed limits are to be applied. Sections 15 and 16 introduce further changes to traffic law that are being promoted in the same overall theme that underpinned the developments in 1994. The sections provide specifically for the amendment of the aspects of the legislative provisions that related to the operation of buses and taxis. In line with a commitment given in the report of the Dublin Taxi Forum, section 15 provides for the transfer to local authorities from the Garda Com missioner of the power to make by-laws for appointed stands for taxis. Section 16 also gives powers to local authorities to determine the locations at which bus stops can be provided. This power is also being transferred from the commissioner.
Section 19 provides for an extension of the range of matters in respect of which the Minister for the Environment and Local Government may make regulations under section 35 of the Road Traffic Act, 1994. The amendment provides that the Minister may make rules relating to the control of the stopping and parking of vehicles at bus stops. These initiatives effectively complete the transfer from the Garda Commissioner of powers relating to the making of traffic laws that have been in place since the passing of the Road Traffic Act, 1933.
In this quick outline of the provisions of the Bill, I will finally return to the general subject of road safety and traffic law enforcement. Section 18 of the Road Traffic Act, 1968, provides that the Minister for the Environment and Local Government may make regulations in relation to the control of driving instruction. That section is being significantly amplified through amendments being introduced in section 18 of the Bill. These amendments will, in particular, empower the Minister for the Environment and Local Government to approve bodies for the purpose of the quality control of driving instructors. In addition, the new provisions will allow for an exemption for driver instructors from the direct licensing requirements in the section where they are granted certificates from an approved body.
The purpose of section 20 is to introduce a new and significantly augmented legislative basis for the use of cameras and other equipment for the purpose of the enforcement of traffic laws. At present, under section 105 of the Road Traffic Act, 1961, such equipment may only be used in the context of establishing the speed of vehicles. The new section provides that the equipment may be used to establish any constituent of an offence. This significant extension in the use of equipment will provide significant support for the enforcement of traffic laws generally and for the enhancement of the deterrent value of the new penalty points system.
This Bill will provide significant legislative support to the efforts being made by the Government and associated public and private agencies to improve road safety significantly. The introduction of penalty points, the increase in financial penalties and the introduction of the fixed charge system are all directly focused on supporting the increasing efforts of the Garda in enforcing traffic laws. It must be remembered that no one measure constitutes the key to the strategy. It is widely accepted that road safety strategies must consist of many different policies and measures and that all have their contribution to make. A penalty points system will be an important and worthwhile measure in support of the strategy but it will not of itself guarantee its success. However, taken as a whole, it is hoped that all the initiatives contained in this Bill will encourage a more precautionary approach by road users generally so that Ireland will find itself positioned among the most advanced states in Europe. I look forward to a positive and constructive debate on the Bill and I commend it to the House.
