Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012 [Seanad]: Second Stage (Resumed)

Question again proposed: "That the Bill be now read a Second Time."

Deputy Seamus Healy

I welcome the opportunity to speak to the Bill. We must consider the various methods of transport. We should consider whether more advantageous methods of transport of commercial goods are available and whether they should be considered and planned for in the future. I refer to the transport of goods by rail which has fallen out of favour in recent years. However, as a method of transport, it could be most advantageous in several areas. Clearly, this is a more long-term objective, but it should be considered and planned for in the future. Consideration should be given to strategic planning to reduce as much as possible the level of transport of goods by road because rail transport offers considerable advantages, especially in terms of protecting the environment, safety and alleviating traffic congestion. Significant environmental questions arise from the numbers of huge juggernauts and heavy goods vehicles on the roads on a daily and hourly basis. Significant safety questions arise also. There is no doubt that rail transport is considerably safer than road transport, especially in the transit of goods. It would be worthwhile if the main centres of commerce were linked by rail services and if they were used extensively. If necessary, support should be given to the transport of goods by rail. The reduction in congestion as a result of increased rail transport would be another important advantage. Although there has been a move away from rail transport in recent years, we should consider it as a strategic option which should be planned for in the future.

The summary of the digest on the Bill provided by the Oireachtas Library and Research Service reads: "This Bill overhauls the system for testing the roadworthiness of commercial vehicles in Ireland and permits the Minister for Transport to assign new functions in this area to the Road Safety Authority (RSA). In addition the driver licence system is being centralised and transferred from the Local Authorities to the RSA." Therefore, there are two objectives, the first of which is to test the roadworthiness of commercial vehicles. The second is to centralise the driver licensing system. I will refer to the latter objective first.

I have a serious problem with the centralisation of the driver licensing system, as the system we have in place is quite good. The digest on the Bill provided outlines a point I wish to highlight. It states:

The review also concludes that the existing licence-delivery processing system has many advantages. For example, the current system is locally based, has a reasonably quick turnaround time for licences and is accessible to customers.

There is too much centralisation and the less there is, the better. Services to the public should be provided locally, if possible. There are considerable advantages to be gained in providing such public services locally. As the digest states, they are locally based and accessible and there is a good turnaround time. The experience of increasing centralisation of services in recent years suggests it is not the be all and end all of policy and it should not be considered or imposed willy-nilly by any Government. We need only consider the recent centralisation of the medical card system to realise it is fundamentally flawed. Everyone in the House deals with medical card customers on a daily basis, many of whom have been waiting months. It has been a complete and absolute disaster. The system continues to be difficult to deal with and people find it difficult to get their medical card. It is even difficult for public representatives to deal with.

The digest gives an outline of the centralised driver licencing system provided for in the legislation as follows:

A centre of excellence will be established within the RSA to manage services relating to identity management, medical fitness and contract management. This will involve a number of staff additional to existing staffing levels who may be redeployed from MTOs.

Whenever I hear the term "centre of excellence", a doubt is raised in my mind because the various centres we are supposed to have are anything but centres of excellence. All acute hospital inpatient services in north Tipperary were transferred to Limerick, we were informed to a centre of excellence, but it has turned out to be anything but.

The digest provides more information on the proposed legislation as follows:

• A person receives a unique identifier when applying for a theory test which will follow him/her through all aspects of the licensing process.

• An application for a learner permit/driver licence will be made through a "front-office"‘ network of agents, who will carry out some basic checks on the application and supporting documents before forwarding them to the central processing unit.

• A central processing unit will be set up to process applications and deal with day-to-day customer service queries.

• Databases covering the Driver Theory Test, Driving Test and NVDF will be streamlined to increase efficiencies and improve customer service.

• The service will meet its operating costs from licensing fees.

Where have I heard that one before? I have heard it before almost word for word; all one has to do is replace "driver licence" with "medical card". This is exactly what was proposed in respect of the current debacle that is the centralised medical card applications system.

I am concerned that if the centralisation of the driver licensing system goes ahead the result will be similar to what we have experienced with the medical card system. Services such as this should be provided locally where they are accessible to customers. There is no necessity for the centralisation of this service.

This question has been raised by other interested parties including the IMPACT trade union which stated that this proposal goes against a recent OECD report on the public service in Ireland which argued that local authorities should be used more frequently in delivering public services. It further stated that the current service also enjoys a very high rate of customer satisfaction, and that this proposal runs a very serious risk of further eroding local services. The suggestion that the driver licensing system be centralised at a national level should be re-examined. Local authorities, which have provided this service for some time, are doing a good job and should be left to do it. I welcome the idea of a plastic card driver licence as provided for in the legislation. However, I would not support centralising the system.

Everybody can support the sections dealing with testing of commercial vehicles for road worthiness. Generally speaking, I would not have a difficulty with the many sections dealing with that. There will be a need for detailed scrutiny of those sections as the Bill goes through this House, the committee and back to this Chamber for further consideration. Commercial vehicles are involved in 20% of all road fatalities, and 32% of commercial vehicles tested at roadside checks in 2011 were found to require immediate action. That is unacceptable and must be dealt with quickly.

The figures on this area are very informative. In 2011 there were just under 600 roadside checks at which 4,919 vehicles were checked. A total of 47.8% of those vehicles had defects, and 32% had defects serious enough to warrant immediate action, that is, impoundment, repair on site or a new test. There is no doubt we need to upgrade the regulations and ensure commercial vehicles are in proper working order and are safe to operate on the roads.

Mr. Noel Brett of the Road Safety Authority has stated that in January and February of this year there were 13 fatalities arising from road traffic accidents in which commercial vehicles were involved. The RSA has said also that each fatality costs approximately €2.5 million, which means that road deaths in 2011 would have cost €465 million. That is a cash cost but there are many other costs, including the trauma that arises for families. We must have a system in operation that ensures these vehicles are fully operational and are in good repair. We expect there would be a further reduction in road fatalities and in non-fatal accidents also.

As I said, I have no particular difficulty with the sections on the road worthiness aspect but I have a difficulty with the transfer of this service to the Road Safety Authority. Effectively, it is a centralisation of the service. If we consider the problems identified in the PricewaterhouseCoopers, PwC, report on this, of which there are a number, they include inconsistency in the application of testing centres across the country; inadequate communications between the RSA, local authority officers and authorised testers; limited roadside enforcement by the Garda; possible conflicts of interest due to reliance on the integrity of the various stakeholders; poor statistical information; no central database and so on. While I am sure difficulties arise in the current system that does not mean the service must be centralised under the Road Safety Authority. Provided reasonable resources are put in place and a reasonable review and monitoring of the system is done on an ongoing basis, and with the new technology type facilities that are available, there is nothing in the report by the PwC which would mean, for instance, that the system would have to be transferred to any other authority. Those are difficulties but they can be addressed fully by the local authorities and the other agencies involved.

This Bill is stripping functions from local authorities. I understood, as I am sure did every other Member, that the future of local authorities was not to strip functions from them but to give them new functions and to modernise and upgrade local authorities, yet in two key areas, namely, the driver licensing system and the road worthiness testing, local authority functions are being reduced. In the case of the driver licensing system, our experience is that major difficulties will arise with that and I appeal to the Minister to allow the local authorities continue the system they are operating. If it needs to be upgraded or modernised, well and good, but they are doing a reasonably good job and they should be allowed to continue to do it. They are locally based with easy customer access and have a good turn-around time, which is not the case with the medical card system. I am concerned that the system being proposed will experience the same difficulties as that system.

The lack of availability of credit is becoming a serious problem for hauliers and agricultural contractors and has resulted in a significant increase in the age of heavy goods vehicles on our roads. Last week, the Minister of State and I met agricultural contractors who pointed out the major difficulties they face in accessing credit. By closing down access to credit, the banks have created serious problems in terms of the age and roadworthiness of vehicles on our roads. The Minister must address this issue.

The cost of fuel is a major consideration for hauliers and agricultural contractors. It is a pity a recent proposal to reduce the cost of fuel by 5 cent per litre was not accepted. While such a reduction would not have been significant, it would have indicated to industry that the Government acknowledged the problems it faces.

The issue of fuel laundering must also be addressed. While it is open to question whether the introduction of a rebate system would solve the problem, it is clear something must be done to address the issue as it is creating serious difficulties for commercial companies and private car owners.

Deputy Seán Kenny

I will share time with Deputies Brian Walsh, Terence Flanagan and Marcella Corcoran Kennedy.

The Bill has two main components, namely, the reform of commercial vehicle roadworthiness testing and the designation of the Road Safety Authority as the driving licensing authority. Its provisions in these two areas will bring about a significant and positive change to the way in which commercial vehicles are tested and managed and the operation of the driver licensing system. The result will be a major improvement in service for all those availing of testing and licensing arrangements. This is part of the reform process outlined in the programme for Government.

The primary purpose of the Bill is to establish a legislative framework for commercial vehicle testing. The legislation will result in the functions of local authorities in the area of commercial vehicle roadworthiness being transferred to the Road Safety Authority and provide for a new licensing authorisation system in respect of test centres and authorised testers. It will also introduce greater powers of enforcement through targeted roadside inspections and inspection of commercial premises in respect of vehicle maintenance and roadworthiness.

The Bill also provides for revised arrangements for the processing and management of driving licences. This change will provide the necessary support for the introduction of a plastic card driving licence at the beginning of 2013 and the transfer of driver licensing functions from local authorities to the Road Safety Authority. The reforms being delivered on foot of the Bill will result in a significant saving in the current organisation of public services in the relevant areas and improved public services. I commend the commitment shown by the Road Safety Authority, local authorities and those working in road safety in responding to the challenge of public service reform to deliver the service changes underpinning the Bill.

Regarding commercial vehicle roadworthiness testing, a number of years ago, following some high profile collisions involving commercial vehicles, the then Department of Transport tasked the Road Safety Authority with undertaking a comprehensive review of arrangements for the roadworthiness testing of commercial vehicles. At a meeting of the Joint Committee on the Environment and Transport yesterday, it was reported that progress is being made at European Union level on the operation of the tachograph system. This will make the operation of vehicles safer and more transparent.

Commercial vehicles are currently required to undergo an annual roadworthiness test at an authorised test centre. Local authorities are responsible for authorising privately operated garages to provide testing services and complete regular supervision of the authorised testers in their areas. The Department also approved the recommendations of a comprehensive review carried out by an independent consultant on behalf of the RSA. This involved taking two courses of action with a view to raising permanently the standard of commercial vehicle testing throughout the country. The first element was a complete overhaul of the commercial vehicle roadworthiness testing system to provide a multi-strand approach. This was to be achieved by addressing the testing process to ensure roadworthiness tests are conducted impartially and correctly at all times and developing a programme of roadside inspections to ensure continuous compliance with roadworthiness standards. Further measures include the introduction of operator premises checks and intelligence-led targeting of responsibility for the management and operation of the commercial vehicle testing system.

The two elements are linked and necessary to meet the overall objective of the transformation programme which will improve the quality of commercial vehicles using our roads and thereby help to improve road safety, reduce congestion, ensure fair competition, develop a greater awareness of road safety issues and promote a culture of safety in the transport industry in respect of the use and maintenance of commercial vehicles, including trailers. It has been claimed that commercial pressures have led some operators to cut corners in vehicle maintenance and compliance with the required vehicle standards, thus providing such operators with an unfair commercial advantage.

In terms of safety, an estimated 17.5% of road fatalities on Irish roads in the period from 1996 to 2010 involved commercial vehicles. An improvement in the roadworthiness of such vehicles will not only save lives but also result in substantial savings to the State. The avoidance of at least four fatal or 25 serious injury collisions per annum involving commercial vehicles would more than cover the operational cost. I emphasis, however, that the avoidance of loss, injury and pain for the families involved will be the real benefit.

Another major contribution of the reform is to reduce congestion caused by breakdowns of commercial vehicles. It is estimated that up to 10% of congestion on primary roads is caused by such incidents and vehicles that are not compliant with roadworthiness testing systems are considered to make a significant contribution to the problem. Based on UK estimates of the economic impact of such incidents, the cost to Ireland of congestion caused by commercial vehicle breakdowns could be in the range of €1 billion to €2 billion per annum. Avoiding even a small number of such incidents, for example, on the M50 or in the Dublin Port tunnel, would deliver considerable economic gains.

The objective of the Bill is to introduce a reform programme that will improve the roadworthiness and safety of commercial vehicles and provide for the introduction of a plastic card driving licence system with more efficient and effective management arrangements. This is a positive part of the reform agenda.

Deputy Brian Walsh

I welcome the opportunity to contribute to this debate on significant road safety legislation. I understand this is the third road safety Bill the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, has introduced since assuming office only 14 months ago. This emphasises the importance he attaches to the issue. The Minister has consistently identified as a priority the introduction of measures that will help to ensure the safety of drivers and passengers on our roads, and significant progress has been made in this regard. 2011 was the sixth consecutive year in which the number of road fatalities declined, and last year's figure of 186 fatalities was the lowest since records began. To date this year, the number of road deaths has been significantly lower than it was at this point in 2011; therefore, we are on course to reduce that number even further.

We are very quick on this side of the House to blame the Members opposite for things they get wrong. It is important on this occasion, a Leas-Cheann Comhairle, that we recognise the contribution made by the previous Government in improving safety on our roads, in particular people like Noel Dempsey and our fellow county man, Séamus Brennan, who was Minister for Transport in the past. They have contributed a huge amount to improving safety on our roads over the years. This Government is continuing in that vein with the introduction of this Bill.

While these statistics are an indication that the Government and State agencies are moving in the right direction, it would be wrong for us to suggest these figures represent a success, because just one life lost on our roads is one too many, as many thousands of people affected by such tragedies can attest. It is for this reason that this Bill, which has the potential to reduce road fatalities even further, is to be welcomed wholeheartedly, and I strongly commend it to the House. It is a further significant step in the right direction, given that nearly one in five fatal road accidents in Ireland involve commercial vehicles. It proposes to strengthen and reform the area of commercial vehicle road worthiness, and streamline the Irish driver licence system, which has operated through a number of disparate strands since 1964.

When legislation like this comes before the House, there is sometimes a tendency to focus on the technical detail and lose sight of the human side and the background to the Bill. Therefore, it is important to remember that the provisions of this Bill have been shaped by the recommendations of a review that followed two tragic road accidents a little over six years ago. A number of young people lost their lives in tragedies involving buses at Kentstown in County Meath and at Clara in County Offaly in 2005 and 2006. In the case of the five schoolgirls who died tragically in the Kentstown crash, an inquest subsequently heard that the driver would not have lost control of the vehicle if the anti-lock braking system had been working properly. A well regulated system of ensuring commercial vehicle road worthiness might have meant that things worked properly, and if the Bill before us now was in place back then, perhaps such a tragedy could have been averted. It is unfortunate that tragedies are sometimes required as a precursor for the kind of change that we are introducing today, but it is responsible legislation such as this which will bolster road safety and allow us to avoid such "if only" scenarios in future. By introducing a regime of standardised and enforcement of safety standards for commercial vehicles, we are answering the call of those who advocated greater regulation following those two tragedies in particular.

I welcome this Bill and any measures that will further reduce the number of lives lost on our road. I commend the Minister for introducing his third Bill in his short time at the Department of Transport, Tourism and Sport. I also commend the Bill to the House.

Deputy Terence Flanagan

I welcome this Bill, which follows on from the Government's commitment to improve road safety by improving the quality of commercial vehicles and which, in turn, will reduce the number of accidents, injuries and deaths on the nation's roads. This Bill arises from a review of the current system in 2006 by PricewaterhouseCoopers, in light of a number of high profile accidents.

The Road Safety Authority is given two major functions under the Bill. It will now be responsible for the testing system which checks the roadworthiness of commercial vehicles in Ireland. It will ensure the new testing system will be more consistent and have impartial testing standards, and will be targeted at operators who often use non-roadworthy commercial vehicles. The driver licence system will be centralised and its functions transferred from local authorities to the Road Safety Authority. The Road Safety Authority will be responsible for the introduction of the plastic card licence, which is a requirement from an EU directive that comes into effect from 1 Jan 2013.

We know from statistics that commercial vehicles are involved in approximately 20% of all road fatalities in Ireland, while 32% of commercial vehicles tested at roadside checkpoints last year required immediate action, so there is something wrong with the system. We also know that Irish registered vehicles were disproportionately failing road side checks in the UK. Last year, there were 186 fatalities on our roads. This was down on other years, but as the previous speaker said, any death on our roads is one too many. It was the focus of the previous Government and will continue to be a focus of this Government, with a third Bill being introduced by the Minister in the area of road safety. We know that the targets laid out in the Road Safety Strategy are lower than the number of deaths. Mr. Gay Byrne, chairman of the Road Safety Authority, should be praised for all the good work he has done in this area in changing the culture. Drivers are now more conscious when they get behind the wheel of a car. Mr. Noel Brett, chief executive of the Road Safety Authority, recently stated that each fatality on our roads costs €2.5 million, which means road deaths alone last year cost €465 million. That is lot of money that is needlessly caught up in these court cases.

Greater efficiencies and accountability will be achieved in the delivery of the service, and we will have greater value for money with the transfer of the driver licensing system to the Road Safety Authority. When the review was carried out in 2006, it showed there were 158 private operators using a variety of testing facilities and equipment who were supervised by 30 public authorities, and that it was almost impossible to achieve consistent, high quality testing. A new ICT programme will be rolled out to help this improved system. This information system will link the test operators with the Road Safety Authority, the Garda Síochána and the Department of Transport, Tourism and Sport.

The introduction of risk rating registers will help to identify those vehicle owners, drivers or testing centres who have an issue. Recently there was a broadcast on the scandal in NCT centres and the fact there are rogue testers operating in some centres. It is important that there are greater inspections. I note from the Bill that authorised officers have the power to ensure high standards of testing are achieved across the country.

One of the challenges is to ensure that those prosecuted are brought through the courts quickly. I welcome the publication of the regulatory impact analysis by the Minister, which sets out the various options and choices that were open to him and the reason certain decisions were taken. That is an example of open government to which this Administration adheres.

I have two concerns. The first is in respect of accountability. The Road Safety Authority will not be accountable to Dáil Éireann and the Minister will refer parliamentary questions to the authority. That needs to be followed up. There are also 200 staff working in local authorities in this area. We need to ensure they are redeployed and put into more busy areas in the public service.

Any Bill that helps reduce fatalities on our roads is to be welcomed, and I wish this Bill a speedy passage.

Deputy Marcella Corcoran Kennedy

This Bill is an important part of the Government's overall road safety strategy. Over many years we have all become more conscious of the need for modified driver behaviour and better vehicles for all road users. High profile accidents and low profile accidents alike have proven to us the need to improve road safety for all users. We can all recall tragic accidents in our own areas. I am thinking of one in Clara. These must motivate us to put safety first.

One of our most important sectors is the commercial vehicle sector. These vehicles perform an important function in the efficient movement of goods in and out of the country and of people around the country. They are, literally, one of the key drivers of the economy. The Bill is in everyone's interests and not just the commercial sector. It is in all our interests to have commercial vehicles roadworthy and up to standard.

While it is almost 30 years since commercial vehicle roadworthiness was introduced, the PricewaterhouseCoopers report in 2007 clearly identified many deficiencies and inefficiencies in how vehicles are tested. While there are many compliant operators maintaining their vehicles to high standards, the report found the overall standard was low. For road users , it is vital commercial vehicles are tested, and the proposed annual test will minimise breakdowns and will, in turn, ease road traffic congestion which frustrates all of us drivers from time to time.

I welcome the proposal to link test operators, the Road Safety Authority and the Department of Finance and to give the Garda access to the system. This is the type of joined-up thinking we need to see more of across other Departments.

I have heard criticism of the Road Safety Authority from previous contributors to the debate. However, we must acknowledge its track record in public education and information campaigns motivated by its motto "working to save lives". I recently saw the authority's road safety roadshow at a Teen Aware youth gig in Charleville Castle in Tullamore. I was impressed with the innovative way the authority connected with young people as a way of conveying serious road safety messages of being careful and slowing down.

There are other issues to be considered for commercial drivers on which I have had representations from local haulage companies and which I support. At the minimum, pull-in points have been highlighted to me as an immediate need for long distance drivers to deal with driver fatigue. In addition, I have had representations from residents of housing estates where some HGVs are parking in or in close proximity to housing estates while the driver gets a rest, but this is causing difficulties for residents. I have been advised by the local authority that they have no power to move these vehicles. This points to the need for resting places for drivers.

Fuel laundering and the price of fuel have been well debated and I know the Irish Road Haulage Association has been meeting the Department of Finance to examine an essential user fuel rebate. I hope it is successful in its endeavours.

With regard to licensing, I welcome the movement to the plastic card licence. It has been a long time coming. While I acknowledge that the RSA aims to be the centre of excellence in getting the centralised system up and running , I urge that the expertise available in local authorities continues to be utilised.

I am glad to support the Bill and commend the Minister, Deputy Varadkar, and his staff on their work in continuing to emphasise road safety, which will benefit us all. I also acknowledge his ongoing consultation with the Joint Committee on Environment, Transport, Culture and the Gaeltacht.

Deputy Shane Ross

I welcome the motivation behind the Bill. I believe there is all-party support for this genuine attempt to bring down the number of deaths on the roads. No one could quarrel with the idea that we should more stringently and strictly test commercial vehicles, which are responsible for so many of the fatalities and accidents on our roads.

Having welcomed the Bill, however, I question the method by which this is done. It shows a conventional type of thinking. It is one of the hallmarks of this and other Governments, that when they come to improve a problem, they do not attack it in any radical fashion. I refer to the extraordinary reliance in the Bill on the Road Safety Authority. I do not want to be overly critical of the Road Safety Authority. It has, undoubtedly, done an extremely good job in recent years in reducing the number of fatalities on the roads. Contrary to what might have been said in the House yesterday, I congratulate the chairman, Mr. Gay Byrne, on having championed and led the tribe against these fatalities and on having done so with a certain amount of success. His was an inspired appointment by the, then, Minister, Mr. Martin Cullen. Mr. Gay Byrne is one of the great communicators of our time. To convince drivers what a dangerous machine they have in their grip, it was important a communicator of the prowess and skills of Mr. Gay Byrne was put in charge. He is listened to on the airwaves when he talks about this subject, as he is listened to when he talks about anything at all. In that sense, his was a great appointment and a great re-appointment. Long may he remain in that position, because he has a sincerity and a non-political drive that is welcome.

I am concerned about the Road Safety Authority itself and the faith the Government has in it. Successive Governments have shown that although they may have faith in the executive, they treat the Road Safety Authority as they do any other quango, by stuffing it with their own people when they come to power. It shows an enormous disrespect for authorities set up by the State and with such important jobs to do that when it comes to making appointments to their boards, Governments constantly appoint their own party people rather than people with an expertise. This is not an insignificant job. Members of the Road Safety Authority get €8,100 a year for their pains.

The Government has not improved on the practices of the previous Government in this respect. It has made two appointments to the Road Safety Authority since it came to power. The two appointments are fascinating. The authority's annual report gives an account of both appointments and of what the individuals do. What is so interesting is what the annual report leaves out. I was disappointed to see that the Minister for Transport, Tourism and Sport, who is a pioneer in making more independent appointments to quangos and who has championed the idea that they should go before Oireachtas committees and be examined, in this case has made two appointments that are blatantly political. The two people are members or supporters of his own party and have no obvious qualifications for sitting on this body. One, who gets €8,100 a year, not only lives in the Minister's constituency but nominated Mr. Kieran Dennison as a Fine Gael candidate in the 2009 local elections. The other is a man from Roscommon who is regional director and organiser for Fine Gael in that area. This is disgraceful behaviour on something that is so important as this body. The annual report goes into great detail about both these people. It tells us one of them has been the young farmer of the year, although God knows how that qualifies him for membership of the Road Safety Authority.

Deputy Michael Ring

Is Deputy Ross anti-rural. What about all the city fellows?

Deputy Shane Ross

It talks about him having a degree in civil engineering and being in Macra na Feirme, but it does not mention his great qualification-----

Deputy Michael Healy-Rae

He is in Fine Gael.

Deputy Shane Ross

-----which is that he is regional organiser for Fine Gael. Why does it not say that? It is the most interesting thing about him.

The annual report says the other appointee is a fellow of the Association of Chartered Certified Accountants, something that is of dubious repute but which he regards as enormously important. He works as a financial controller. Again, the report does not say what great service he has given to Fine Gael in a Dublin constituency.

An Leas-Cheann Comhairle

I must caution Deputy Ross about referring to people outside the House.

Deputy Shane Ross

I am reading from the annual report, a Leas-Cheann Comhairle. There cannot be anything wrong with that. They wrote it themselves.

I am not blaming the Minister especially for this because his predecessors did it too. The people before him appointed party people as well. Members of the Government cannot resist the temptation, despite their commitment to ensuring cronyism would go from politics when they came to power. One of the great disappointments is that the Government has not kept to its promises in that regard or on interviewing potential appointees before Oireachtas committees. That was something it could have done at no cost to the Exchequer.

Deputy Michael Ring

Did Mr. Gay Byrne not go before the committee?

Deputy Shane Ross

In fact, there would have been a saving to the Exchequer, which is the case across the transport spectrum. It is amazing. The transport sector appears to be the home of quangos - CIE, Dublin Bus and the National Roads Authority which is similar to the others in that it is being run by the Government which puts in its own people. It shows great disrespect for the transport sector which is treated with such contempt when it comes to putting people on boards. We cannot, therefore, take these authorities seriously. I pity Mr. Gay Byrne when he wakes up in the morning and walks into a board meeting. He must say, "God knows what sort of clowns they will put in today to sit on top of me." He does not know who is coming in. He is an extraordinarily eminent person, but he gets members of the board for whom he does not ask, whom he does not want and whose only qualification is that they are allied to a political party.

Deputy Michael Healy-Rae

They are all Fine Gael members.

Deputy Michael Ring

What qualifications does Deputy Willie O'Dea have to write for the Sunday Independent?

Deputy Shane Ross

I cannot hear the Minister of State. Will you ask him to speak up when he is interrupting me, a Leas-Cheann Comhairle?

Deputy Michael Ring

I asked what qualification Deputy Willie O'Dea had to write for the Sunday Independent? It has nothing to do with being a member of Fine Gael.

Deputy Shane Ross

That has nothing to do with me. The Sunday Independent has an editor.

Deputy Michael Ring

The Deputy is telling himself he is the editor.

An Leas-Cheann Comhairle

Can we, please, get back to the debate on the Bill?

Deputy Shane Ross

I am sure if the Minister of State, Deputy Michael Ring, had great talents in that aspect, he would be welcome to write for it too.

Deputy Alan Kelly

Therefore, Deputy Willie O'Dea has great talents in that aspect.

Deputy Shane Ross

They have not spotted the Minister of State, Deputy Michael Ring, yet, but they will do so.

Deputy Michael Ring

That is because I am in Fine Gael.

An Leas-Cheann Comhairle

Order, please.

Deputy Alan Kelly

I am pleased Deputy Shane Ross thinks Deputy Willie O'Dea has great talents in that aspect.

An Leas-Cheann Comhairle

We are on the Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012.

Deputy Shane Ross

There is no doubt that they will spot the Minister of State, Deputy Ring's talents one of these days, but he is still the champion heckler in this House. As long as he can retain that title, no doubt that will be enough for him.

I wish to ask the Minister one or two questions about driver testing. This issue has disturbed me all my life which is getting more disturbing as I get older. Why do drivers who passed their test perhaps 40 or 50 years ago when they were 17 years not have to refamiliarise themselves with the rules of the road? It is a most extraordinary anomaly and injustice that people can go from the age of 17 years perhaps to the age of 97 - throughout that period the rules of the road, signposts and everything else change - without in any way being expected to adapt to the rules of the road. In other words, a person can obtain his or her driving licence at 17 years, drive until he or she drops or is put off the road for various reasons and does not have to adapt as the rules and signposts change. Like many others in this House, I do not recognise the changes made because we are not subject to refamiliarisation or retesting. Over a period people are not aware of rule changes or changes to signposts or road markings. There must be a case for saying that after every ten, 15 or 20 years people should be retested in order to ensure they are not a danger on the road through ignorance of the changes made. I do not know whether it should be an oral test or a driving test, but there is a lacuna in the regulations that makes people less safe as they get older, not because of age but because of the fact that they do not have to be retested.

I must confess to being guilty of the above. My wife who is not very happy to drive with me because of my lack of familiarity with some of the modern rules arranged some roundabout lessons for me for my birthday recently.

Deputy Liam Twomey

Were they just for the roundabout?

Deputy Alan Kelly

Were they just for driving?

An Leas-Cheann Comhairle

Order, please.

Deputy Shane Ross

She was very perceptive because when I learned to drive, roundabouts were not as common as they are now. I have to admit that when some people travel in the car with me around a roundabout, they do not feel particularly comfortable. One of them is my wife and when I woke up on the date of my birthday in July last year, I had a present of roundabout lessons in order to familiarise myself with how one should drive around a roundabout, with which I was not familiar. I admit to being bad. That is a lesson for many of us that it is necessary for those of us who passed their test many years ago to become more familiar with the changes to the rules of the road.

I am sure the Minister will also address the issue of provisional licences, in respect of which the rules appear to be honoured more in the breach. There is much anecdotal evidence that many are driving around without a full licence on provisional licences. They are meant to have a fully qualified driver with them, but the Minister will be familiar with the fact that many are breaching the rule. It has become a habit. This is an issue on which we should take firm action as a matter of urgency.

The other aspect about which I am slightly concerned is the fact that local authority powers are being centralised in the Road Safety Authority, RSA, which is of dubious value. The fact that ministerial powers are also being passed to the RSA is more worrying. I become concerned when I see State authorities of this type receiving more powers if they do not appear to be accountable. Recently, I have seen a tendency for Ministers to refer parliamentary questions from Members of this House to such authorities. That has been the case, not just with the RSA but often with the NRA also. The change would leave them less accountable. It is important that if these powers are to be delegated - I am not convinced it is a good thing; that is an open question - the authorities ought to be accountable in a meaningful way. Members frequently receive the response to parliamentary questions, particularly in this area, that as it is not a matter of ministerial responsibility, it is being referred to the authority in question. This is a convenient way for Ministers not to be accountable and the authority in question is even less accountable when it comes to asking it questions

This raises the question of whether Ministers should be directly responsible and accountable in parliamentary terms for semi-State bodies and State authorities and answerable in this House in that regard. I say this because they are 100% shareholders in semi-State bodies and, therefore, should be able to access the information in a public way. This should apply where the State is a 100% shareholder, or a majority shareholder. In reply to parliamentary questions Ministers should answer for the bodies in question in an open way; they should not be able to hide behind the fact that it is an authority with a supposedly independent board - admittedly, nearly all of political appointees are not independent - and, therefore, they are not able to give an answer to the particular question. In matters of this nature it is most important that the State does answer questions.

I see no reason the NRA or the RSA should not be accountable, not just to Oireachtas committees, because skilful people can get through such committees very easily by answering questions, but also under freedom of information, FOI, legislation. I was surprised when I discovered this afternoon that the RSA weas not subject to freedom of information legislation. It is one of a growing list of quangos which are not subject to freedom of information legislation for reasons which are inexplicable. They are not subject to freedom of information per se in a blanket way. Why, for instance, is the NTMA, the most powerful financial body in the State and an agency which controls and moves money, not subject to freedom of information? The reason frequently given, not only in the case of the NTMA but also in the case of many other agencies, is that the information it holds or is withholding is commercially sensitive. That is quite true and reasonable, and I accept that. However, not all information held by the RSA, the NTMA, the National Roads Authority or others is commercially sensitive. Only a certain amount of it is. It would be perfectly reasonable for the Road Safety Authority and all State bodies without exception, including the Central Bank and all those bodies which are commercially owned, to be subject to freedom of information provided they could state with reasonable cause the information one requested was commercially sensitive. That would be a perfectly reasonable proviso. One could then appeal the decision to a less partisan body which could decide whether that information was commercially sensitive.

The convenience with which so many bodies get blanket protection makes one suspicious they have something to hide or the Government - this one as much as the previous one - feels more comfortable having an umbrella of State agencies, authorities, institutes and bodies at arm's length, responsibility for which it can disclaim, from which it can detach itself if it wishes, or responsibility for which it can claim if they have any great successes, but which bodies are protected in terms of information which they will not release. These bodies do not need or deserve protection, nor do they want it. They should be proud of what they are doing and have nothing to hide.

I cannot see what the Road Safety Authority would have to hide. Mr. Gay Byrne, who is in charge of it, is a man who is extraordinarily good at conveying good news to the public, and when there is bad news to be conveyed, it should be conveyed honestly and openly. All I can conclude is that there is a kind of in-built and instinctive protection which governs State bodies and authorities with which Governments, as a default position, feel safer than if they were to give some sort of open response to any information which was being required.

An Leas-Cheann Comhairle

Deputy English is sharing with Deputies Twomey and Harrington.

Deputy Damien English

I welcome the opportunity to speak on this Bill. I am glad the Minister and his colleague, the Minister of State, have prioritised this issue. This Bill has been in limbo for too long due to a lack of drive and action on the part of previous Ministers, but also due to human resources issues such as moving staff around, etc. I am disappointed that legislation that needs to be enacted for the right reasons often gets stuck in the system for the wrong reasons and that it sometimes takes strong Ministers, a team of both senior and junior, to push matters along. I appeal to staff in various Departments who need to move or change their work practices to engage, through their unions and through the various organisations, in a much speedier way in order that when matters are correct and everybody is in agreement on them, we get them done and can move on.

This Bill implements international best practice and many of the changes arising from the investigations following the two bus crashes, in Kentstown in my county of Meath and in Clara, County Offaly. Recommendations were made after those investigations because they were very tragic incidents and we had to take action.

The Kentstown school bus accident was mentioned by many Members. The crash occurred in May 2005 and I want to mention the five young people who lost their lives that day: Ms Amy McCabe, Ms Claire McCluskey, Ms Deirdre Scanlon, Ms Lisa Callan and Ms Sinéad Ledwidge. That had a serious impact on the community, the county and, most certainly, on their families. It is only right we are making changes that might prevent incidents such as that and that might lead to buses, lorries and commercial vehicles being kept in a better condition in order that such incidents would not happen again. There will always be occasional accidents, but in this country there have been too many. Incidents are avoidable and something could have been done to prevent them in these cases. It is only right we are implementing changes.

I welcome this Bill. It introduces common sense measures, such as a new system that will overhaul the testing regime for commercial vehicles. It will also bring in new spot checks for the testing centres which are needed. We also need spot checks on the side of the road, and I welcome those as well. These are logical steps in the right direction to try to ensure vehicles that are not roadworthy are put off the road and those in business who spend money ensuring their vehicles are in proper order and are fit for purpose get a fair chance to compete.

It is only right there would be a level playing field throughout the country. No more than one's address should not dictate the service one gets from the State, neither should it be the case that one can have a less roadworthy vehicle if one is from one part of the country rather than another. There must be a standard applicable throughout the country and this Bill will achieve that. It is only proper order. I welcome the change the Bill will bring about.

This legislation and other Bills the Minister and Minister of State have been driving forward form part of the provision of safer road transport in the country. The Bill complements the recent positive measures taken by the Government to encourage more people to use public transport as well as to increase road safety. In fairness, when money is tight, there have been many small initiatives, which I would call common sense measures, funded this year and last by the Government which will help improve road safety and make it easier for commuters to use the services. These include, in my area, luckily enough, funding for the provision of new mini park-and-ride facilities along the R147, previously the N3, serving the Silver Tankard, Garlow Cross and Ross Cross areas. We were years campaigning for funding for these simple park-and-ride facilities to take cars off the road and out of the way, and also to make it easier for those who want to park their car and get on the bus. These are simple, common sense, low-cost measures and yet it took years to get them done. Thankfully, this Minister and his team in the Department have come with a new approach of getting things done that will allow a big difference to be made, where possible, for small amounts of funding.

In many areas, especially in my county, new permanent bus stops have been provided. We got a few last year and more this year, including at Martry. These are essential to make it easy for bus drivers to pull in. Where they often had to pull in at seriously dangerous spots on main roads to take on passengers, they now have a proper place where they can pull in and passengers can board and disembark safely. That is only right and I commend the Minister, and his colleague, the Minister of State, Deputy Kelly, because this is happening throughout the country.

Related to that and in the context of school buses and the tragedy of the victims of the Kentstown bus crash, we need to improve the areas where pupils are dropped off from school buses. There have been major improvements on national bus routes, to which I have referred, but I stated years ago when first elected to this House that there is no reason we cannot improve the areas where school buses have been stopping for decades. Even a small area of concrete cut into the embankment onto which one may step from the bus would provide a safer environment. In some cases it is still dangerous getting on and off a school bus.

There have been some improvements in the design of school buses but that is needed throughout the country. As we update the fleet and while I am aware the Department has done much work on this, the buses must be made much more visible and safe, with colour, lights, etc., to protect young people when they are using the buses.

We also need to introduce cameras onto buses. There have been many improvements to seat belts and changes to rules on school buses following the incidents of which we have spoken, but there also need to be cameras on buses, both to improve safety and also to do away with bullying. In the latter context, this is working quite well in the North. Yesterday we visited Stormont where the members of the Committee for Education there told us there have been major success in eliminating bullying and anti-social behaviour on buses by putting cameras on them.

I agree with Deputy Shane Ross regarding the necessity for continuous driver improvement and assessment. We would all benefit from having our driving skills periodically monitored. Such assessments should not be described as "tests", because that would only frighten people off the road. Rather, they should consist of taking a supplementary driving lesson and being offered advice on bad habits that may have developed over years so that one can return to the roads as a better driver. It is only by the grace of God that we do not have more traffic accidents. Major improvements have been made in recent years in terms of the road fatality statistics, but there are still far too many accidents. Continuous assessment of all drivers would help to reduce the volume of incidents, both minor and major. It should no longer be a case of obtaining a licence at 17 or 18 years of age and never again having to submit to an assessment of one's driving skills. We have spoken about this issue in the House and in committees on previous occasions and it is something we should seek to implement in the coming years.

Deputy Liam Twomey

The legislation deals with the system of oversight of two separate matters, namely, driving licences and the roadworthiness of commercial vehicles, both of which I intend to discuss. The Bill provides that the Road Safety Authority will have operational oversight and a policy advisory role in regard to driving licences. One of the key conditions of a common European licence is a requirement to meet minimum standards of physical and mental fitness to drive. However, the existing regulations in this regard are not very clear. We are all aware of the restrictions that apply to sufferers of neurological conditions such as epilepsy - where fits can impair one's ability to drive - such that they are required not to operate a motor vehicle for at least 12 months after an attack. However, there are other conditions which have less well known implications for sufferers who wish to drive. For instance, a constituent of mine who has diabetes was involved in a fatal accident more than five years ago following a blackout. No doctor will pass her fit to drive even though she has had no similar experience in the interim. The irony is that if she had admitted to a charge of dangerous driving on that occasion, she would now be back behind the wheel. The problem is that doctors are afraid to identify her as fit to drive in case something similar happens, even though the risk of that is very low.

The difficulty in this regard can be found in the relevant regulations. We should take the opportunity presented by this legislation to clarify the regulations in regard to medical conditions which may indicate that a person should not be permitted to drive. There are many people in this country with high-risk cardiovascular conditions and diabetes, for example, who are facing a double-edged sword. If such a person is involved in an accident, he or she may be discriminated against but, at the same time, he or she can also, under the current regulations, pass under the radar until such time as an accident occurs. That is not a good way to proceed in respect of these matters. The regulations are not sufficiently tight for a doctor to risk censure by making a determination as to whether a person should or should not be permitted to drive. By the same token, there are many doctors certifying patients as fit to drive because the regulations are too weak to support another conclusion. We have talked about vehicle roadworthiness and people being brought up to date with the standards while simultaneously taking a very laissez-faire attitude in respect of the medical fitness of drivers, even against a background where appropriate legislative provision has been made to prevent people from driving under the influence of alcohol or drugs. The existing regulations discriminate against some patients with certain physical or mental illnesses who are involved in a minor or major accident, but we are not in a position to take action in respect of others who might be best prevented from driving. Every doctor must be very careful in making a recommendation that a person be put off the road for medical reasons, because that recommendation will have such a massive impact on the person’s life. At the same time, where a person with one of several medical conditions is involved in an accident, it is subsequently very difficult to get him or her back on the road because the regulations offer no protection in that respect.

In regard to the provisions relating to commercial vehicle roadworthiness, many speakers referred to the need for standardisation throughout the country. There is an opportunity here to review the entire system for dealing with commercial vehicles. For example, there should be a separate roadworthiness certificate for the tractor and trailer units of such vehicles, as well as a separate motor taxation requirement for each. I have received several representations from commercial vehicle operators pointing out the difficulties arising from the way in which tractor units are taxed, which is not always representative of the type of trailer unit that is generally attached. This issue must be addressed.

Commentators have observed that the main problem with the current system is that limited roadside enforcement by the Garda and other agents has contributed to an environment where a significant number of commercial vehicle operators are lax when it comes to ensuring the roadworthiness of their vehicles. However, a number of operators in the Wexford area have complained to me that the gardaí operating there are very effective in enforcing the legislation and that this is causing people to divert from Rosslare Europort to Dublin Port or even to Northern Ireland in the expectation that enforcement in those locations will be less rigorous. This presentation of the situation is anecdotal and may not be generally accurate. Nevertheless, it is vital to ensure the rules are enforced in a uniform way across the country and that all Garda divisions have adequate resources for that purpose. Inconsistent enforcement in different parts of the country has an overall impact on operators' costs and an implication for competitiveness where some operators are spending less on maintenance in the expectation of meeting less rigorous enforcement in particular ports.

Will the Minister of State indicate how many test centres will be in operation when the system is up and running? There are currently 150 or so, while the corresponding figure for Britain is only 70. To be more comparable with our neighbours we should have less than 20, which would amount to a huge reduction in the current complement. The Department's regulatory impact review notes that industry representatives have pointed to commercial pressures leading some operatives to cut corners in terms of vehicle maintenance and compliance with the required standards. We must have a standardised system throughout the State in order that everybody is impacted to the same degree.

Deputy Noel Harrington

I welcome this Bill as another step in a co-ordinated approach for ensuring our roads are safer for drivers, passengers and pedestrians. It addresses two critical issues, namely, the transfer of testing of commercial vehicles to the Road Safety Authority and the transfer of the administration of driving licences from local authorities to the same body. I take this opportunity to welcome the introduction of plastic card licences from next year. However, with more than 2 million ten year licences in existence, they are likely to be replaced only at a rate of some 200,000 per year. Will the Minister of State, in conjunction with the RSA, consider allowing drivers who would like to replace their existing licence to do so at a nominal charge? That would greatly enhance the rate of transfer.

Will the Minister increase the age limit from 70 to 72 years in respect of the requirement to undergo a medical to renew a licence in line with increased life expectancy and retirement ages being provided for in current and future legislation? Seventy years is too young for this provision.

Could we have clarity and receive co-operation on the conversion of driving licences for those who come here from other countries, particularly the United States? It is very frustrating for a person who is fully competent to drive to come from the USA to this country and have to go through the rigmarole of testing and assessments and paying associated fees.

The RSA is proposing that everyone will receive a unique identifier when applying for the theory test and that this identifier will follow each applicant through every stage of the licensing process. This reminds me of the centralised medical card application system. Concerns were raised by Deputies on all sides about the administration of that scheme. I suggest the PPSN be incorporated as a primary recording number. That is what the centralised medical card office now does. The PPSN is recognised as the identifier for citizens in the State and the RSA should take note of this in the theory test application system. It would be worthwhile to put a tracking system in place at the same time.

I am concerned about the RSA's accountability to the Oireachtas and duty to respond to parliamentary questions. A liaison officer for parliamentary business should be appointed to the agency.

There is a perception that commercial and private vehicle tests are often failed on frivolous or cosmetic grounds rather than road safety issues. Most of us know that is not true in the vast majority of cases, but we must convince the public and commercial vehicle operators that the priority is road safety, not cosmetics. We are aware through recent initiatives that road safety statistics have improved dramatically in the last decade. I would like statistics, however, for roadside checks. There is an absolute figure and it should be compared with that in our European neighbours, in conjunction with the number of commercial licences granted.

Those involved in the operation of commercial vehicles, from double decker buses to small commercial vans, are running on tight margins. We must be careful how we add to those working in the road haulage sector. We must have one eye on road safety, while keeping the other on the competitive nature of the economy, recognising that commercial vehicles are the circulatory system of the economy. Commercial vehicles and their operators must comply with numerous obligations and regulations on an annual basis. I hope this issue will be examined to reduce the time, expense and bureaucracy in obtaining HGV and LGV licences. The system is onerous for owners, but if we can achieve better road safety figures and increase efficiency, it will be a welcome step.

There are 148 test centres well spread out across the State. In west Cork it would be helpful to have a maximum travelling distance to a test centre. This would be welcomed by the Irish Road Haulage Association.

Deputy Michael Healy-Rae

I thank the Technical Group for allowing me some of its time and thank the staff in the Whip's office for their contribution to the 31st Dáil. I acknowledge the presence of the Minister and thank him for some of the work he is doing, particularly on the issue of rural transport. He has a good understanding of needs in rural areas, which I appreciate.

Everyone is entitled to his or her own opinion of the Bill and anyone who has looked at it in detail will see there are aspects that are okay. I make it clear that I am 100% committed to helping and ensuring the number of deaths on the roads is continuously reduced. We must, however, be careful because the devil is in the detail. What are we doing in the Bill? Already, those who use the roads in commercial or private vehicles have them tested. We must go through strict measures to ensure vehicles are roadworthy. At the end of the day, however, accidents will happen. If one studies the Bill, one would believe the cause of all accidents on the roads is the state of vehicles. There are certain things that cannot be legislated for such as driver behaviour, fatigue, weather conditions and other issues that arise that cause accidents.

I want to speak up for haulage contractors and those building contractors who have vans. It might be one man with his own van going to work every day, creating a job for himself. The mantra of the Government since entering office has been that it wants to provide for creation of jobs. I ask it to ensure those who have jobs keep them. Anyone in the country who has one truck or a fleet of trucks is under extreme pressure. He or she is trying to keep them on the road. Fuel is acutely expensive - the price has doubled in the last few years - and there are ever increasing ancillary costs involved in transport. The people concerned are trying to keep themselves and others in employment, while continuing to move the materials we need around the country. The detail of the Bill, however, will make it more and more difficult for them to stay on the road.

Provisions like the one in the Bill that will provide for a new licensing system for test centres and authorised testers, as well as greater powers of enforcement through targeted roadside inspections and inspections of commercial operators' premises, treats people as if they are criminals. The Government must appreciate that the vast majority of hauliers and those involved in the transport sector are highly respectable. I never criticise the remarks of other Deputies because they have been elected just like me and are entitled to their opinions, but I heard someone refer yesterday to "dodgy transport providers". Who, in the name of God, was that individual talking about? I certainly do not know any "dodgy transport providers". The individuals I know are respectable business people, contractors who are trying to make a living.

There are other issues to be addressed in the Bill. Under the regulations providing for roadside roadworthiness testing of CVR vehicles, the inspectors who will carry out the inspections will have the power to take the vehicle for a drive and remove it to a centre for inspection.

Section 34(3) provides that there will be no liability in respect of anything done in good faith and without negligence by a CVR inspector. I presume this means that if an inspector insists on having a vehicle driven away or if he takes it on himself to drive it away and if it is involved in an accident, he will not be held responsible. The legislation indicates that those who will serve as CVR inspectors cannot previously have been convicted of murder. What qualifications will these individuals be expected to possess? If an inspector was about to jump into a commercial vehicle or lorry I owned, the first thing I would do would be to ask him where he served his time and I would then inquire as to the qualifications he possesses which permit him to test the vehicle.

Section 34 (1)(a) provides that where a CVR inspector is a member of An Garda Síochána or is accompanied by a member of An Garda Síochána, powers are being provided to stop a vehicle and keep it stationary for a period that is reasonable for the purposes of carrying out an inspection under section 32. Such a vehicle would have already passed an inspection under the existing rules and regulations. It is proposed that innocent people who are trying to make a living are going to be stopped at the side of the road. This is another layer of bureaucracy that will cause more hardship and impose even more expense on those who are already struggling to survive. Under section 41, people who are currently struggling to fill their vehicles’ tanks with diesel will, on conviction on indictment, be liable to fines not exceeding €100,000 or to imprisonment for a term not exceeding 12 months or both.

The report by PricewaterhouseCoopers, PwC, found that testing standards are not applied uniformly throughout the country and that the current system has considerable administrative inefficiencies. I completely disagree with these findings, which are an insult to the people responsible for testing commercial vehicles up to now. Those who currently work in the test centres are well qualified and I respect the work they have been doing. It is an insult to infer that in the past these individuals have not done their job properly. What is being stated in this regard is wrong.

The explanatory memorandum to the Bill states that the driver licensing system should be modernised through centralising the function in one authority. I thought we would have learned our lesson in this regard. In that context, I wish to draw an analogy with what occurred in respect of the medical card system. Medical cards used to be processed at centres throughout the country. This was a local service that was working well and there was nothing wrong with it. In their infinite wisdom, the previous and current Government thought it would be a good idea to centralise the entire system in Dublin. Since then there has been nothing but chaos. People have been obliged to wait months for their cards and documentation sent by post and information relating to people's applications have been lost. Is it the intention that the service provided by local authorities in respect of the issuing of driving licences is not good enough and that centralising the system will improve matters? History will show that what is being done in this regard is wrong. I am of the view that local services are better because it is possible to engage directly with those who provide such services. In time, the decision in this regard will be proven to have been both poor and unwise. It is amazing that so many Members have been prepared to come before the House to warmly welcome that decision. Deputy Mattie McGrath certainly did not welcome it and he highlighted many of the problems and issues that arise in respect of it.

The explanatory memorandum indicates that the overall objective of the legislation is to improve the quality of commercial vehicles using Irish roads and thereby help improve road safety, reduce congestion and ensure fair competition. Are those in the Department of the view that each day roadsides are littered with vehicles that have broken down? It is now the exception rather than the rule to come across a vehicle that has broken down. I accept, however, that commercial vehicles can break down. Anything with an engine can break down and even people can do so. Given the state of some of our roads, vehicles can break down in tunnels and elsewhere and this can give rise to a great deal of upset and chaos for a short period. However, instances of this nature are the exception rather than the rule. It is nonsense to state that what is proposed in the legislation is going to reduce congestion. If the Government wants to reduce congestion, it should carry out improvements to more of our roads. I have no difficulty with the introduction of the plastic card driving licence.

The explanatory memorandum also indicates that "A partial adoption of the measures would not reap the financial and safety benefits that are expected". Why are we seeking to obtain a financial advantage on foot of this legislation? Are motorists not incurring enough costs at present in the context of keeping their vehicles on the road? The Government appears intent on raising an additional €4.5 million from these hard-pressed motorists.

When the motorway from Dublin to Cork was built, the Road Safety Authority had been already established. Why in heaven's name did it not, in the interests of safety, ensure a proper filling station was in place along the route in order that lorry drivers and others using it could pull in, refuel, have a cup of tea or coffee and a sandwich, have a rest and then recommence their journeys? It was only due to a massive investment on the part of the highly-respected Liam and Donal Fitzpatrick and their family that a state-of-the-art service station was put in place at junction 14 on the Dublin-Cork motorway. They did not receive support from the Road Safety Authority, the National Roads Authority or any other body in respect of this matter. The Fitzpatricks did all the work themselves and they are now providing an excellent service for those who wish to stop en route. The Road Safety Authority was, to coin a phrase, asleep at the wheel when the motorway to which I refer was being constructed. The authority should have foreseen the need for a services area when the project was being developed.

The explanatory memorandum to the Bill states:

It has been estimated that 208 full time equivalent staff in MTOs are involved in dealing with driver licences across the country. Proceeding with the centralised model will have implications for staff numbers. The new arrangement would require considerably less staff to operate. On the face of it, therefore, a significant number of staff in local authorities will be available for redeployment within the system when the necessary numbers transfer to the centralised model.

What the memorandum does not indicate, however, is what will happen when those to whom it refers retire. Will the local authorities employ replacements for them? I am of the view that they will not do so. The authorities will indicate that such staff are not needed because the service has been centralised. Is it not the case that local authorities have lost enough already? Responsibility for water services is to be transferred to Irish Water and many of them are, in a way, losing their housing sections. Now, the system for issuing driving licences is to be taken from them. There is a continuing process of undermining the local authorities, which have done excellent work over the years and the staff of which have given great service to the State. The number of people working for local authorities will continue to decrease and that is being admitted in the explanatory memorandum.

In the event that anyone might form the view that, in the context of my contribution to the debate on this Bill, I have a disregard for safety, I wish to put matters straight. I occupy a very strong position when it comes to discussing road safety. Some 21 years ago I was involved in a serious road accident. I spent four and a half years in rehabilitation. At one point I thought that I would never walk properly again. I am glad I survived my accident. It saddens me to think of those who were involved in accidents and who did not survive. We are doing our part for road safety but one has to ensure we do not put our hauliers off the road. Haulage companies from England - one sees them on the roads every day - are coming here to compete with Irish companies and they are beating them because of the massive expenses our hauliers suffer. Do we want these indigenous companies that are giving employment to be forced off the roads and their workers put on the dole queues? I do not want this to happen.

This Bill, I believe, goes too far. It is not as though there is no regulation in place already. It is not as though people can drive a lorry without having it properly tested between the MOTs and the DOEs and all the other different tests, along with the Garda enforcing the rules of the road. In introducing this Bill, are we saying the Garda is not doing its job in this area? Are we insinuating the delivery of service in testing the vehicles was not up to standard because it was not uniform? Are we proposing to centralise all testing facilities in Dublin, Limerick and Cork resulting in those needing to get agricultural or commercial vehicles tested having to travel many miles? We are going too far with the legislation.

The Road Safety Authority, RSA, is praised for the work it has done so far. If its work has saved one life, off course it should be commended. However, one must also highlight some of the effects of changes in road safety regulations made over the past several years. For example, a person travelling to a local pub, having a pint and driving home after that is now out of the question and not to be heard of. Instead, we now have a massive social problem in that people in rural areas are staying at home and suffering from depression as a result of some of the rules introduced in road safety in recent years. I am glad to have had the chance to register my concerns about this.

We have people who have worked very hard to build up small haulage businesses. They might not be creating many jobs, some times only one, but that is the backbone of Ireland - the man and woman in such a small business who create one job for themselves and probably another for a family member or a neighbour. They are the people this Government should nurture and support. Last week, I was very disappointed there was not more of a favourable response to the Private Members' Bill to reduce fuel prices. Fuel is now at a ridiculous price. How many Deputies realise that it costs €1,475 to fill an average articulated lorry with fuel today? If it were only half that price, €700, it would be a lot of money that could assist those small haulage companies. These people are already struggling with the high costs of taxing their vehicles, tyres, wages and insurance. The Government's mantra is about creating new jobs. Will it do everything it can to keep those working in this industry in employment and not legislate them off the road?

Deputy Paudie Coffey

I wish to share time with Deputy John Paul Phelan.

Acting Chairman (Deputy Ciarán Lynch)

Is that agreed? Agreed.

Deputy Paudie Coffey

I respect every contribution every Deputy makes in this House because they all have an elected mandate. However, Deputy Healy-Rae's contribution spoke about improved safety but very little in favour of the Bill and the improved standards it will provide. I take it from what you said, you resent every improvement this Bill will introduce.

Acting Chairman (Deputy Ciarán Lynch)

Through the Chair, Deputy, please.

Deputy Paudie Coffey

Yes.

I welcome the Road Safety (Commercial Vehicle Roadworthiness) Bill 2012 and the associated improvements it will bring to enhance road safety, especially with regard to the roadworthiness and the testing system for commercial vehicles and the introduction of inspection systems. The introduction of plastic card driver licences is a modern move which should have been in place many years ago. I commend the Minister and his staff on introducing this new type of licence. We will also have a more efficient administrative and management system for driver licensing. The local authorities managed them heretofore but this new system will give the RSA a more enhanced and involved role, an agency with a good track record in general road safety improvement. I recognise the role played by the RSA, the local authorities, the Garda, road traffic organisations such as the AA and, more importantly, the general public in improving road safety and in the reduction of road deaths.

Commercial vehicles, especially, require enhanced safety standards. In the case of buses, we have seen some tragic accidents with some fatalities. It is only right that we have in place the highest possible standards and inspection systems for such vehicles. Heavy goods vehicles, particularly those which carry dangerous cargoes such as chemicals, gases and oil, must have the highest of safety standards applied to them. The potential damage such vehicles could create if anything went wrong would be devastating. For these reasons, I welcome the improvements the Bill will bring to this area.

An old hobby-horse of mine is the lack of adequate rest and service stations on our national road network and motorways. While the M1 from Dublin to Belfast is well serviced, the road on which I travel most frequently, the M9 from Dublin to Waterford consisting of 100 miles, has no online service or rest station. A station has been proposed in the general Kilcullen area but no progress has been made of late. The Irish Road Haulage Association also complains about the lack of adequate service and rest stations. Truck drivers must stop when they need rest. Fatigue and the lack of toilet facilities for drivers, however, needs to be addressed. I often see large articulated lorries, as well as buses, pulled over on hard shoulders, where people are forced to go to the toilet. Otherwise, they would have to go miles offline which is not an appropriate option.

The N25, which traverses County Waterford and runs from Rosslare to Cork, also does not have adequate service and rest stations. The National Roads Authority's guidelines for planning authorities, produced only in January 2012, encourage lorries to go offline into towns and villages to use such stations. The reality on the ground is that many of these smaller and traditional service stations are closed. In any event, they are too small for large lorries to manoeuvre into.

The NRA guidelines state:

A proliferation of service area facilities along rural sections of national roads and/or associated junctions, where the maximum speed limit applies, would create significant safety risks and affect the level of service available to road users, as well as impact on the viability and vitality of existing urban settlements. In general sufficient road side facilities exist on non-motorway national road network.

This paragraph is outdated, inadequate and does not address needs on non-national roads. Many garages and service areas in small towns and villages have closed and I do not see how this paragraph will improve road safety, as there are no places for people to stop, especially long-distance lorry drivers who, by law, need to rest adequately.

There is a need for the National Roads Authority, NRA, local authorities and the Department to consider this document again in order to try in a real effort to identify areas where it is acceptable to have such service stations. The document is inadequate. I can quote from a real case in which an application was made for a service station on the N25 in County Waterford, where there are few facilities for commercial vehicles. Waterford city has now been bypassed and much good work has been done in making road improvements. However, there are no service stations or rest areas for the drivers of large articulated lorries.

As a solution, local authorities could strategically zone identified areas along national roads. That would at least allow preliminary exploration of the need for service areas. We should not have a service station at every crossroads and junction 100 metres apart, but we should have a planned and strategic approach to this important matter. I will continue to lobby and discuss the matter until something is done.

The road network, including local, regional and national routes, should be managed more professionally from an asset management perspective. There should be an electronic mapping system for all roads. Although some local authorities may have them, there is no central data system or asset management. There should be digital mapping with records of maintenance, clearing of gullies and inlets, dangerous junctions and accident sites. There should be an oversight system to consider all of these issues which would not depend on the local knowledge of overseers and council workers. We have lost many of these overseers and with them much local knowledge of inlets and gullies. When they are blocked, roads can be damaged and we throw good money after bad in trying to repair and maintain them because the water cannot escape. As with utilities like water and electricity etc., the roads should be managed with a professional system. The Department and the Minister have a role to play. Although local authorities manage their own systems, we should examine the possibility of having a more efficient national system to oversee the expenditure of public moneys on road maintenance in a more efficient manner.

We should always recognise the need to regularly revisit the issue of road safety. I acknowledge the Minister of State's presence in the House. He is a rural Deputy and would accept and acknowledge the need for continued investment in rural roads. I also commend him for his efforts to date in maintaining rural transport networks. It is important that nobody is isolated in this small country of ours. We should maintain as far as possible a safe road traffic network.

Deputy John Paul Phelan

I am glad to have the opportunity to make a contribution on this Bill and welcome the provisions it contains, although I will highlight some aspects that concern me. I echo Deputy Paudie Coffey's sentiments. I like Deputy Michael Healy-Rae who, unfortunately, has left the Chamber, but I have rarely heard such a bizarre contribution since entering the Dáil. I readily accept that there has been a great reduction in staffing levels in local authorities, particularly outdoor staff who deal with the road network across the country, and I would like to see more people employed in that area. Nevertheless, the notion that we retain staff previously employed in inspection centres for commercial vehicle road testing beggars belief.

The Deputy also made some strange veiled references to some of the road safety legislation introduced in the past few years and argued that it was having a negative impact in rural communities. The reality is that the statistics speak for themselves; there has been a dramatic reduction in the number of fatalities and serious accidents on the roads. That has not come about by accident; there has been a concerted effort to change attitudes among the general public and excellent work done by the Road Safety Authority and other stakeholders. I commend those involved for the change in attitude that has occurred in recent years, during which there has been a noticeable improvement in road safety. I welcome any measure that will see 200 more people alive at the end of the year; there are 200 fewer fatalities a year on the road now than there were ten years ago. Measures and legislation that have such a dramatic and positive impact have to be welcomed.

I echo Deputy Paudie Coffey's views on the introduction of the new plastic driving licence, which will brings us into line with existing European legislation. It will come into effect across the European Union within the next two years. I wonder if it will contain more information than in the current format. We live in an age when everybody has cards for everything and there are personal identification numbers for this, that and the other. There is a strong argument to be made that the driving licence should contain other useful information; in addition to a picture of the driver, it might contain the PPS number and almost act as an identification card. This may not be possible at the introduction stage, but there is a strong argument to be made for this to happen over time.

Unlike Deputy Michael Healy-Rae, following a couple of very serious and tragic bus accidents, resulting in significant loss of life, I see a need to examine the licensing of testing centres for commercial vehicles and a requirement to introduce uniform standards across the country. That is why consultants are being engaged. Unlike the Deputy, I see it as perfectly reasonable to expect that if a vehicle is tested in Kilkenny, it should be subject to the same standards of testing as if tested in Carlow. Within most counties there are several test centres and it is essential that the same standards apply across the board. That is partly what was identified in the report. This legislation is positive in that regard.

I raise with the Minister of State a point brought to my attention on the test centres which are private operations. A number of such centres are operated by family haulage companies or small businesses and there is concern that people may invest significant amounts in upgrading facilities, with no guarantee that they will retain the licence to test in the future. A guarantee cannot be given, as a centre may not be up to standard. I seek reassurance for those who have borrowed, in many instances to invest in a facility which is state of the art. If they meet the required standards into the future, these family businesses should not be forced into a position where they will lose the licence because of other vagaries of the system. This could have serious detrimental consequences for those involved in the sector.

I would like to raise a number of other issues with the Minister of State. A consistent bugbear of mine and of many other Members for years is the issue of speed limits. I heard a radio report about the introduction of a more uniform pattern to such limits across the country. A uniform system of vehicle testing is being introduced and despite the fact that more than 40 local authorities propose speed limits in their areas, there needs to be uniformity in how they are implemented. There are obvious and famous examples on major roads. I live on the outskirts of Waterford city near the dual carriageway that links Waterford with New Ross and Limerick. The speed limit on this dual carriageway is 50 km/h whereas the speed limit on the road on which I grew up five miles away which has grass growing on the middle of it is 80 km/h. That is a ridiculous case, of which every Member has examples, and that should not be allowed to continue.

I echo Deputy Coffey's comments regarding the need for service facilities to be provided on motorways. I also use the M9 to travel to Dublin. It has been a great and welcome development, which has shortened journey times and dramatically improved connectivity between the south east and our capital city. However, it was short sighted in the extreme not to make provision for service facilities when the motorway was designed. The same applies to other motorway routes. These facilities would be operated by private operators and, therefore, the Exchequer would not incur significant expense. It should be ensured that such facilities are provided as a matter of priority.

We do not have enough outdoor local authority staff to maintain roads but significant local road improvements should be carried out privately leaving these staff the task of maintaining the standard of the roads and ensuring the huge investment made in them is worthwhile. That is not the case currently. Good work is done and, as soon as torrential rain arrives, it is washed away. A change can be made in that regard.

Hauliers are under significant pressure. Last week, a Private Members' Bill on fuel costs was debated in the House. It is ironic and hypocritical that a party that was in a government that increased excise on fuel in its final two budgets would come along a year later and seek an overnight reduction with a straight face. The Minister for Finance is the main man in this area but it is imperative that something be done urgently for those who use fuel commercially, perhaps in the form of a rebate. The Exchequer is losing significant revenue because of hauliers and others buying fuel abroad and the illegal washing of fuel, which is sold in many locations. This phenomenon used to be reserved for the Border area but washed fuel is sold all over the country nowadays. A small change to provide for a fuel rebate could have positive impact on the Exchequer because of the revenue being lost currently. People who want to obey the law would very much welcome such a rebate.

Deputy Denis Naughten

I welcome the opportunity to contribute to the debate. The genesis to the legislation was a number of serious bus accidents in Kentstown, County Meath and Clara, County Offaly, and every speaker needs to be conscious of its background. There is a need for consistency in the testing of commercial vehicles. I compliment the RSA on achieving the target it set in the road safety strategy for annual road fatalities 12 months ahead of schedule. The target for the end of 2012 was 252 road fatalities annually. The authority will be significantly under this target by the end of this year based on fatalities to date. One fatality or serious injury on Irish roads is one too many but a great deal of good work has been done by the authority and Mr. Brett and his colleagues should be commended on that. Like every other Member, I am critical of the fact that the RSA is not directly answerable to the House in the context of parliamentary questions and so on. However, as an organisation, it has been responsive to individual queries that have been raised. I do not always agree with the response I receive but the staff have always made themselves available and responded in a prompt manner to matters I have raised.

I am concerned that the legislation opens the door for secondary legislation and the detail normally required in primary legislation has not been provided in this Bill and it will only be following its enactment that we will have sight of the secondary legislation. Sadly, most of that will go through the House on the nod. I hope the Minister will agree on Committee Stage to amend the legislation to ensure it requires a positive vote of the House to enact the regulations provided for in it.

The proposal to establish a single authority to monitor testing standards is welcome and positive and this will, hopefully, ensure consistency throughout the country. However, it is also important that the range of test centres is maintained because competition is needed between them to keep down prices and that will not happen if there is only one provider throughout the State, similar to the national car test. The operators must remain independent and spread out geographically. There are significant costs involved if commercial vehicle users have to travel significant distances to have their vehicles tested and have certificates issued.

With regard to standards, an issue relating to the national car test will become an issue for commercial vehicle users on foot of this legislation. The issue was brought to my attention by the Jack and Jill Children's Foundation as it concerned a young child. The child who is fragile has a number of difficulties. One is that the child's eyes are sensitive not only to sunlight but also to daylight due to the child's illness. The HSE paid for specially tinted windows to be put in a vehicle to alleviate the child's medical condition. The vehicle is four years old and had to undergo the national car test recently but it failed because of the tinted windows. The national car test centre referred the case to the RSA on appeal and the Jack and Jill Children's Foundation contacted the authority, which refused the appeal because flexibility is not provided in existing statutory instruments to deal with such cases. Unless this issue can be resolved, the child will be unable to travel in the vehicle for outings, hospital appointments and so forth. It has huge implications for the child who is now restricted to the home, despite the taxpayer having paid, through the HSE, for the windows to be tinted in the first place. This issue will also arise if a child is being transported to school in a commercial vehicle. Although the taxpayer will have paid to have the windows tinted, when the vehicle is presented for the NCT, it will be refused. The difficulty is that the current national car test regulations state excessively tinted windscreens or front side windows present a significant safety hazard for vehicle drivers and their occupants. I fully accept that in the vast majority of cases this is not an issue and that there is a safety aspect. However, I put it to the Minister of State that people of very large size are exempt under the law from wearing safety belts if they physically cannot close the belt. For a physical reason, therefore, a person can be exempt from wearing a safety belt, yet, also for a physical reason, a person's vehicle will not pass the NCT because of an adjustment made owing to a particular medical condition. There needs to be flexibility built into the system in order that, where there are medical or safety reasons, discretion can be provided for. I ask the Minister to deal with this issue. The RSA is looking into it and will undertake a review, although I do not know when it will be completed. The vehicle in question is off the road, however, and the child is housebound because the NCT certificate cannot be issued.

One of the provisions in the Bill is that the RSA will take over the issuing of driving licences. I bring to the Minister's attention an issue that needs to be addressed in the context of the Bill, namely, the storing of basic emergency data on the new credit card-type driving licence to be introduced next year. It will include data such as who should be contacted in the case of emergency - an ICE number - and basic medical data on long-term medical conditions such as diabetes, allergies to particular medicines, blood group and so on. This information is vital in treating someone at the scene of an accident or in an emergency and must be included in the new driving licence which must also include the existing provision in regard to organ donation. Under the proposed legislation, the card will automatically carry a photo, the name and address and date of birth of the holder, information on the licence type and details of the issuing authority. It will also carry a record of any penalty points or endorsements incurred and allow gardaí at a checkpoint to examine the driver's record, whereas, currently, a garda who stops a motorist cannot tell from examining the licence if the driver has been disqualified. While this will benefit gardaí and the authorities, we should make information available that could directly benefit the individual who holds the card. While it is not possible under the EU directive on driving licences to combine the new licence with the social welfare identity card, it should be possible to include emergency and basic medical data in it. Having immediate access to such basic medical data at the scene of an accident or in an emergency can be the difference between life and death for some and for others, it can have an impact on their length of stay in hospital. Making such data available with the consent of the driving licence holder will, therefore, not only save lives but also save the health service money.

The same applies to ICE numbers. It is a simple concept whereby the new electronic licence will store contact information in order that paramedics can contact a family member or friend in the event of an emergency. The emergency services have been promoting the use of ICE numbers on mobile phones, which is a welcome development. The difficulty is that most people now have smartphones with security numbers; therefore, it is impossible for the emergency services to access the data in order to access the ICE number. If the data were included in the credit card-type driving licence, they would be easily accessible to the emergency services and gardaí at the scene of an accident. The vast majority of emergency victims are not able to provide contact information for emergency workers, with research in the United Kingdom showing that fewer than one in five carries details of the person they would like to have telephoned following a serious accident. Taking these two steps would ensure paramedics at the scene of an accident or in an emergency would have access to both basic and more detailed medical information which would directly benefit those being treated by the emergency services. I urge the Minister to consider including this provision in the legislation.

It is important that local access to the driving licence is continued under the new system. People have access through the local authority network in order to submit their application and have their driving licence issued. This local element must be continued under any new structure the RSA introduces. The staff in the local authorities have the skill-set to deal with this service and, while it may not be possible to retain all of the staff operating the service, it should be possible to maintain the network and some of these skills to be used in the provision of services in local areas where people are used to submitting their applications and having them processed.

I want to deal with the issue of fuel prices, as well as the wider issue of cost. This legislation will result in increased costs, not immediately in regard to the new test but for the future in that it provides for additional statutory instruments to be introduced to set new standards. I urge the Minister to ensure any new standard being introduced carries a clear safety benefit and that we are not just concocting standards because it would be nice to have them in place. What we need is clear standards with a clear connection to safety and accident records. In tandem, there must be direct discussions with the insurance industry to ensure whatever savings are made result in a return to the road haulage industry and motorists in general. We have seen the industry absorb some of the savings made in recent years owing to the reduction in the number of fatalities and injuries on the roads.

An issue which will shortly come to a head concerns vintage vehicles. While this is not directly under the control of the Minister for Transport, it is a transport issue and connected to the proposed off-the-road tax of approximately €30 which the Minister for the Environment, Community and Local Government is considering. There is such a system in place in the United Kingdom, but there is no tax charge. A person registers the vehicle as being off the road to deal with the issue of anomalies in motor tax, and if the vehicle is off the road, he or she does not pay a charge. The idea behind motor tax is that the driver pays for the use of the road in order that local authorities can repair and replace road surfaces. If a vehicle is off the road, why are we paying tax towards the cost of repairing roads? It does not make sense.

I specifically want to focus on the issue of vintage vehicles. Across the country not only vintage car clubs but also commercial vintage vehicle clubs do a huge amount of fund-raising. In my local area the South Roscommon Vintage Club which involves agricultural vehicles raises money every second or third weekend for many local charities. In fact, in the period from September to December 2011, vintage clubs around Ireland donated over €280,000 to local charities, an astronomical sum. Surely we should recognise this. There are already exemptions in the motor tax legislation. Surely we can get around the problem relating to vintage vehicles which are exempt in many countries in Europe. I realise there is a difficulty, but there will always be a difficulty in this country because someone will always find a loophole. I am confident, however, that it is within the capabilities of the officials in the Department of Transport and the Department of the Environment, Community and Local Government to regulate to ensure there will be no loopholes.

I refer to the issue of fuel prices which are going out of control for all commercial operators. I accept the Government does not have a bottomless pit of money to deal with the issue. However, the additional VAT collected on fuel and fuel laundering are costing motorists approximately €1,000 every minute. Up to €500 million a annum is being lost through fuel laundering, a significant loss to the Exchequer, one that must be addressed urgently. I realise the Government is in talks with the British Government on the issue. However, we must put in place a system, whereby if additional savings are made, motorists will receive a return. If this was to materialise, there would be a direct incentive for motorists to report suspected cases of fuel laundering to the Revenue Commissioners. It is a difficult problem to police, but such vital information would be of direct benefit to the Revenue Commissioners and motorists. Everyone would win, including the Exchequer.

Acting Chairman (Deputy Ciarán Lynch)

Since no other Members are presenting I call on the Minister of State, Deputy Alan Kelly, to conclude the debate.

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly)

I extend my thanks to all Deputies for their contributions. This is important legislation. I have been pleased by the approach, consistent with successive Dáileanna, whereby parties have worked together in the area of road safety. The issue has not been divisive politically and has been worked on closely by all parties. I have been encouraged by the support for the Bill and I hope it will be enacted and the measures implemented without delay once the legislation has been passed by both Houses.

I trust Deputies will agree there is no doubt we have witnessed vast improvements in road safety in recent years and the country is seeing the benefits of such improvements with ever-reducing numbers of road fatalities. There are many reasons for this. Vehicles are manufactured with the safety imperative in mind and the roads on which we drive are better and safer as well. Government policy has been continually supported through various initiatives which seek to alter driver behaviour, including the introduction of safety cameras and the roll-out of the penalty points system. The law has put the onus on road users to adopt a more responsible attitude, and for the most part the response has been positive.

The Bill is the third tranche of road safety legislation that has been through the Houses in the past year. In 2011, the Government reduced the drink driving limit to zero for all drivers, with an effective zero tolerance for learner, novice and professional drivers. The mandatory alcohol testing provisions were also extended in 2011. Enforcement by the Garda has also played a significant part in road safety improvements, and this work has been robustly supported by the Medical Bureau of Road Safety. A great deal of the progress made during the past five or six years can be attributed to the role of the Road Safety Authority. The authority has brought road safety issues to the forefront of national debate through education, awareness and the drive to raise standards throughout the road safety sector generally. The Bill acknowledges the fundamental role the Road Safety Authority plays in this area and reinforces this role in respect of commercial vehicle roadworthiness testing and driver licensing.

With the support of Members for this legislation we can look forward to further progress in the road safety agenda. This Bill is only one element of a wide-ranging programme that seeks to avoid tragedies involving commercial vehicles. We will never be able to control everything that occurs on the roads but we can make every effort to reduce the chances of such tragedies occurring.

I wish to address the issues raised by some Deputies. Deputy Dooley asked about a possible agreement with Northern Ireland on penalty points. Under the auspices of the North-South Ministerial Council, the Minister, Deputy Varadkar, asked that officials from both jurisdictions examine the possibility of mutual recognition of penalty points. Discussions have begun to try to reach agreement. Four traffic offences will be targeted on a pilot basis: speeding, drink driving, the non-wearing of seat belts and use of mobile phones while driving. The systems for applying penalty points and the supporting legislation are different on both parts of the island and it may take some time to arrive at a mutually acceptable position. However, the work is ongoing and every effort will be made to reach agreement as quickly as possible.

Some Deputies referred to the possibility that drivers from outside the State are dealt with more leniently than Irish truck drivers. The Road Traffic Act 2010 provides for a payment deposit scheme for non-resident drivers who have been stopped for committing offences. The scheme provides for the payment of a deposit by the driver or the impoundment of a vehicle until the deposit is paid. Officials from the Department are working with the Garda and the RSA to agree arrangements for the practical application of the provisions of the Act in order that non-resident drivers or companies will not be given any competitive advantages.

Deputy Dooley referred to road safety education and developments at junior certificate level in schools. The Road Safety Authority's policy is to deliver road user education with a cumulative, age-appropriate approach, commencing in preschool settings, through to third level and into community settings. Road safety education ensures all road users develop appropriate attitudes and safe behaviours. The RSA resources are not compulsory at present but they are aligned with the relevant curriculum strands in each educational setting. It would be of significant benefit if these programmes were made compulsory within the school curriculum. The proposed development of the junior cycle programme presents opportunities for the authority to further develop its existing road safety programme, entitled Streetwise. The programme could be developed to take advantage of the proposed short courses or it could be integrated into the priority learning units outlined in the document entitled Towards a Framework for Junior Cycle. The Minister, Deputy Varadkar, has spoken to the Minister for Education and Skills, Deputy Quinn, on this matter on many occasions.

Several Deputies queried the overall rationale for the legislation and asked about how the new system would operate. As I remarked in my opening statement, one trigger for the reform of commercial vehicle roadworthiness was the Kentstown bus crash in which five young school girls lost their lives prematurely. The comprehensive review conducted following the tragedy found that a radical transformation of the commercial vehicle roadworthiness testing service was required and that this reform would be best undertaken by a central body. The RSA was tasked with undertaking this reform.

The overall objective is to introduce a far more robust system of testing with higher standards that will be consistent throughout the country. The credentials for operators who wish to become involved in testing vehicles will be stringently examined before approval is given. Any company or person is entitled to apply for the appropriate authorisation. The tests will be supported by random checks of vehicles at premises and roadside checks. The outcome will be a step change in the way we test and maintain our commercial vehicle fleet. It will enhance safety on our roads and improve the reputation of hauliers at home and abroad.

Compliant operators have nothing to fear from these provisions. Indeed, they have welcomed them. Those operating outside the law and gaining a competitive advantage as a result will be exposed and brought within the system through enforcement. Enforcement will be targeted through the use of a risk rating system. Risk ratings will be purely evidence-based and constructed on the basis of roadside, premises and test history inspections. Infringements and non-compliance will be accorded a numeric value. Converting the information captured will be undertaken by a purpose-designed computer program that will calculate a rating for each operator. Factors including the seriousness of the infringement, the number of infringements and the number of checks will be taken into consideration in determining the relative compliance of each operator.

Certain roadside infringements pose more of a significant safety risk than others. For example, problems with steering or braking systems create more of an immediate danger than an operator not correctly displaying a certificate of roadworthiness. A time factor will also be included. This means an operator who commits a high number of offences in a short period will be perceived as posing a greater short-term risk than an operator who commits a number of lesser offences over a longer period. More recent infringements will be accorded a higher weighting than older ones. It is intended that rated operators will have access to their numerical score and how the score is comprised. The system will provide a fair and accurate indication of the safety of the operator's fleet and the operator's compliance with the legislation. Operators who adhere to good practices, hold appropriate records, observe the tachograph and the rules on driver hours and consistently maintain their vehicles to the required standards will reap the benefits as compliance and enforcement activities will be primarily focused on higher risk operators.

Some Deputies raised concerns about the transfer of responsibility for driver licensing from local authorities to the Road Safety Authority. The system of local authorities managing all aspects of driver licensing has served the country well over the years but procedures and processes have changed in recent years and, other than issuing the licence, local authorities are no longer involved in the management or update of the licence details. These procedures will change fundamentally with the introduction of the plastic card licence next year. It would not be feasible or economically sensible to expect that every local authority would have the facility to produce a plastic card licence. The security aspects alone would make this impractical. For this reason, the licence production unit will be centralised.

Following on from that, it makes more sense to centralise the processing arrangements. That will bring consistency to the handling and management of applications and will eliminate the variable practices and inefficiencies of the current system. In addition, transfer of responsibility to the RSA will mean the public will have a one-stop-shop arrangement in respect of driver licences. Issues from theory tests to driving tests to driver licences will be handled by the authority. As well as enhancing the efficiency of the operation, this will lead to clarity and convenience for the public who will have just one State body with which to deal in regard to all driver licence issues.

The RSA is at various stages of conducting procurement processes, first, for the production of plastic card licences, second, for the processing of applications and, third, for front office customer service operations. Some staff from local authorities who are currently working on driver licence issues will be given the opportunity to transfer to the RSA. All other relevant local authority staff will be redeployed within the local authority structure and, in a time of scarce resources, this opportunity will be welcomed by local authority managers. No staff will be made redundant as a result of this transfer.

Under the new system, we should be able to reduce significantly the number of people processing licences and move from a loss making arrangement, which costs local authorities money, to one that will be slightly profitable for the RSA.

With regard to commercial vehicle roadworthiness, CVR, a number of Deputies mentioned approaches from the IMPACT trade union. Any redeployment of local authority staff, in regard to both driver licensing and CVR, is fundamentally a matter for their employers, the local authorities and the Department of the Environment, Community and Local Government. Staff members are dealt with under the Croke Park Agreement and therefore there is no question of compulsory redundancies. In some cases there will be redeployment to the RSA, particularly in the north west. In other cases, staff will be redeployed.

As the number of staff in local authorities has reduced dramatically in recent years, more so than in most parts of the public sector, the fact we can now redeploy a significant number of people from laminating and processing licences to other council activities can be seen only as a positive step. In regard to CVR, 22 staff have already moved to the RSA and are working to advance the CVR reform programme.

I should clarify, however, that while the approach is to centralise the administration and management of the CVR testing system, the commercial vehicle test network will continue to be run by individual privately owned test centres located across the country. There are currently 140 of these test centres in operation. The Bill will not change this approach and does not provide for a single service provider in the State.

As Deputies will be aware, the primary purpose of the Bill is to establish a more robust legislative framework for CVR testing, which will support consistency, accuracy and impartiality across the testing system. The RSA will demand consistency in testing through the centralised supervisory approach. The RSA will outsource some of the work on technical inspections and it is likely that this will be delivered consistently across the country in a service that is delivered, as mentioned already, by 140 privately owned test centres. The new regime, upon commencement of the provisions, will apply to the existing test centres and the necessary transitional provision for this arrangement is provided under section 10 of the Bill. These existing test centres will be required to apply for a renewal of their authorisation within 18 months of the commencement of section 10. Any application that was being processed but not determined prior to the commencement of this legislation will be also covered by this section.

A number of Deputies asked about rest areas and parking facilities available to hauliers on motorways. Currently, there are three NRA motorway services areas open to the public, two on the M1 and one on the N4. Negotiations with tenderers for a public private partnership scheme to operate service areas on the N6 near Athlone, the N9 near Kilcullen and the M11 near Gorey are at an advanced stage. The Department is also aware of two other services areas opened recently, one on the N7 near Mayfield and the other on the N8 near Cashel. Other work is also being conducted by the Department, working with the bodies, in regard to that area.

Deputy John Paul Phelan raised the issue of speed limits. The Minister, Deputy Varadkar, recently announced a review of speed limits throughout the country and a group has been set up to work on that. The group is expected to report back to the Minister before the end of the year.

Deputy Ross raised the issue of licence holders. I would point out that learner holders are still required to have a fully qualified driver with them but it is a matter for the Garda to enforce this legislation.

Deputy Naughten raised a number of issues. On plastic card licences, we are confined initially to including only what is provided for in the European Union directive as regards the information on that licence. However, the RSA will include a microchip in the licence on which vital information as referenced by the Deputy can be stored.

Deputy Denis Naughten

Does that mean the organ data will be taken off it?

Deputy Alan Kelly

No. From day one the licence will identify organ donors.

On the other issue the Deputy raised regarding tinted windows, passing the test and the case he specified, I will investigate that issue through my office and I hope to revert to him quickly on it because it is an issue that deserves to be raised.

Deputy Finian McGrath raised the issue of safety in the port tunnel, another issue I will have examined and on which I will revert to the Deputy.

I expect the provisions in this Bill will not only have a hugely positive effect on road safety but will also improve our commercial reputation. This legislation provides the groundwork for a radical change in the commercial vehicle and haulage sectors in Ireland and it will send a strong signal internationally that our country is striving to achieve the highest industry standards, particularly in regard to roadworthiness.

Following the enactment of the Bill, we can also look forward to the introduction of a plastic card licence next January, which will be managed by the RSA. People are required by law to carry a licence when driving and this credit card style licence will make it easier and more convenient for drivers to comply with such a legal requirement. Drivers will be more inclined to carry this new type of licence, which will undoubtedly help An Garda Síochána in exercising its duties as they relate to the Road Traffic Acts.

It is our wish to have the Bill enacted as quickly as possible to ensure its provisions can be commenced at an early stage. Strong legislation has been proven to reduce death and injury on our roads and this Bill should not be any different. An overhaul of the commercial vehicle testing system is long overdue and it is hoped reform of the system will begin in earnest this summer. I thank the Deputies for facilitating the introduction of the Bill in the Dáil and for their generous and considered contributions to this debate.

Question put and agreed to.

Dáil Éireann debate - Wednesday, 2 May 2012

Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012 [Seanad]: Second Stage (Resumed)

Dáil Éireann debate -
Wednesday, 2 May 2012