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Seanad Éireann debate -
Wednesday, 14 Jun 1933

Vol. 16 No. 26

National Health Insurance Bill, 1933. - Road Traffic Bill, 1933—Report Stage (Resumed).

I move amendment 34.

Section 46, sub-section (2) To delete in line 10 the word "thirty", inserted in Committee, and to substitute therefor the words "thirty-five".

This is not a Government amendment. I mention that fact because it appears conspicuously on the Order Paper and, on one occasion, Senator Douglas said he knew Senator Seamus Robinson was just a Government gramophone. On occasions when there is a division. Senator Seamus Robinson and I make a perfect record, but I am not the gramophone of the Government or the bus owners or even the public. I propose to appeal to that rather elusive quality—the commonsense of Senators. Senator Dowdall was responsible, in the first instance, for having the maximum speed for passenger-carrying buses reduced from 35 miles to 30 miles. Starting off, he harassed Senators by referring to two motor accidents in which he had been. He said he was happy that they were lucky enough on both occasions to be going slowly. He evidently realised that the accident was the result of their driving; he appears to have taken full responsiblity for the accident. The amendment has to do with buses but the Senator referred to two "motor accidents". I think it would have been only fair if these were motor car accidents, and not motor bus accidents, that the Senator should have said so, because what we were discussing were motor buses. The Senator goes on to refer, in his speech, to the danger of vibration. I do not know what the danger of vibration to which the Senator referred is—whether it is a danger to the people inside the bus or the people outside the bus or whether it is a danger to the roads. I cannot see how there can be any danger to the people either inside or outside a bus by vibration. The Senator's parting shot at the Minister was: "What he said about speeding-up is not viewed with any satisfaction by the people who have to foot the bill in cases of accidents". If people are not insured, they naturally resent very much having to foot the Bill in cases of accidents. But if the Senator was referring to the action of insurance companies, I am sure we would all like to be directors or shareholders in an insurance company which would collect premiums and be absolved by the Legislature from responsibility for accidents. I should have thought that the risk was the very element of insurance, that the risk was the raw material out of which dividends might subsequently be manufactured. I do not think that that altogether represents the attitude of the insurance companies. I know a case where a young woman, driving down town and looking around, charged headlong into another motor car, with the result that it was hurled across the street and struck an innocuous motor car on the other pavement with such violence that it sprang forward and entagled itself in a fourth motor car. She was had up but she was young and presentable; the Superintenrent of the Garda was young and, perhaps, impressionable and the representative of the insurance company was young and ecstatic. I shall not say anything of the judge, but that lady was fined an incredibly small sum and the representative of the insurance company stood up in court and said he regarded her as an excellent risk. Without risk, there would not be many insurance companies.

The debate on this question on the last stage was conducted on what I should regard as rather irrelevant lines. Senator Counihan said he was standing in a field about 50 yards from the road when a four-ton lorry passed travelling at about 30 miles an hour.

A Senator

It was Senator Wilson said that.

Mr. Robinson

They sit close together, at all events. This section refers to vehicles which have inflated, pneumatic tyres and a four-ton lorry does not, as a rule, have baloon tyres. If we are to discuss buses, Senators should refer to the faults of buses and not to the faults of motor cars or four-ton lorries. Senator O'Connor referred to the speed at which motorists travel. Everybody knows that they travel at great speeds. They are permitted to go up to 70 or 80 miles an hour. But this section refers to buses. Senator O'Connor said: "I think that the whole danger in motoring and the increased number of accidents have to be attributed to the speed at which many drivers travel". I recently saw some statistics which I am sorry I have not here. I think they were in connection with England. Three things were mainly responsible, according to those statistics, for the vast majority of accidents and none of them was speed. The majority of accidents take place between 1 and 2 o'clock. After a meal, people relax and get careless. If you relax, you do not speed up because that requires concentration. The second cause was being blinded by headlights. The minute you get blinded by headlights you reduce speed. The third cause was people stepping off the pavement. None of these had any reference to speed, though they might be aggravated by speed. Yet, they cover the vast majority of accidents. Senator O'Connor said: "I think that the whole danger in motoring and the increased number of accidents have to be attributed to the speed at which many drivers travel." He goes on to account for accidents such as Senator Dowdall had, or very nearly had, but he does not say that they had any connection with buses at all. In fact, he created the impression that they were motor cars. He says that there is a tendency, even with buses, to travel at an enormous speed and he goes on to say that he had been in buses that travelled at 40 miles an hour—an enormous speed when there is no limit to motor cars. They very often go up to 70 miles an hour, to my certain knowledge. I frequently do myself. Senator O'Connor also said that the tendency with bus drivers is to prevent any other vehicle passing them out, but, if you fix the maximum rate at 30 miles an hour, it will make no difference whatever. Senator Sir Edward Coey Bigger spoke of a twisty road at Dalkey and referred to the danger that would be caused by people driving at 35 miles an hour on that road. That road cannot be so twisty as to make it impossible for any bus to travel at 35 miles an hour on some parts of it.

I have been in a great many buses between Bray and Donnybrook church, which is not a very twisty road, and I have watched their speedometers on purpose, and I have found that no smallish bus will ever travel under 30 miles an hour, if the road permits it at all, and they do not very often exceed about 37 miles per hour. No big bus ever travels under about 32 miles per hour and they very seldom exceed 50 miles per hour, but, within those limits, they go all the time. There is no bus which, if it gets any chance at all, will not go up to 35 miles an hour. Senator Colonel Moore also spoke about motor cars and how he drove and how other people drove and he also made a reference to buses. He said that he had seen two buses and a car trying to pass one another on the road at the same time, but he has only to go to any wide road in England and he will see three, four or five cars all going the same way passing each other.

At what speed?

Mr. Robinson

At 35 miles per hour. That is the limit for buses there.

Is it not 30 miles per hour?

Mr. Robinson

I think it is 35. As a matter of fact it is 35 miles per hour.

The British Act says 30 miles per hour. I have it here.

What does it matter what happens in England?

Mr. Robinson

Four cars can pass quite easily or, possibly, even five on that road at Donnybrook church without any danger to anybody, if nobody is coming in the opposite direction. All these things depend on the circumstances under which people are driving. Senator Colonel Moore also said: "Now we want to jump up to 40 miles an hour and it is quite unreasonable." I am quite prepared to meet the Senator half way. He does not want 40 and I do not want 30. I will meet him on 35 miles per hour.

I never said 40. I said 30.

Mr. Robinson

"Now we want to jump up to 40 miles per hour, and it is quite unreasonable."

I never said anything of the sort.

Mr. Robinson

Senator Toal said that to fix a high speed would give great encouragement to young people to indulge in practices of this sort. I do not know what he means by "practices of this sort." It is young men who drive buses, of course, and nobody wants old men to drive buses. Apropos of that, it might be as well to read a letter from one of the biggest bus companies as to how they train these young men to drive the buses. The letter says:—

"Our drivers are the most efficient in the whole country, not excepting the best drivers of private motor cars, most of them being experienced motor mechanics, and all of them selected after a long test and graded for the routes, the best men being placed on the more difficult routes. They are, as a rule, six months in the company's service before they are allowed on important and congested routes."

Senator Toal might have been speaking about motor cars, like almost every other Senator who spoke, but, if he was referring to buses, that is what the drivers have to go through before they get permission to drive for one of the biggest bus companies.

Is that in this country?

Mr. Robinson

Yes. Senators may have been slightly at sea as to what the discussion was actually about, because Senator Comyn, who is usually most meticulously careful said: "I understand this speed limit applies only to heavy vehicles such as lorries," and the Minister replied: "To buses only." I cannot help having a sort of general feeling that, because it was Friday, and we are not used to sitting on Fridays, the Senators may have been misled. This applies only to buses, and buses are the motor cars of the poor man. I know that, amongst motorists, there is the sort of feeling: "Hang the buses on the road; I cannot get past." That is the attitude and, if there is anything we can do for them, let us do it, for goodness sake. They will, then, be able to travel at 35 miles per hour, and they will not hold us up on the roads. These buses run into the country where there are no railway facilities for the people who wish to come into the towns and cities to do shopping, and it is only fair that they should be able to get in and get out in a reasonable time. The speed, I suggest, is not intended as the speed at which they should always travel. As the Minister for Industry and Commerce said in the Dáil:—

"It is not stated in the Bill that an omnibus driver may drive his omnibus at 35 miles an hour in all circumstances. What is stated is that, under the most favourable circumstances possible, on the widest road, and on the finest day, with the least amount of traffic, that is the highest speed at which he can drive his omnibus."

As a matter of fact, everybody knows that motor buses at present travel up to 50 miles per hour quite frequently, such as the express buses for Wexford, Cork, Limerick, Galway and Belfast, and I have not the smallest doubt that they will wish to do so in future. I think it is part of good legislation to endeavour, so far as possible, to legalise illegalities that the public normally and persistently indulge in, if at all possible, and, although 35 miles an hour does not begin to touch 50 miles per hour, it is a step in the right direction. I am quite certain that if it is reduced to 30 miles an hour there will be no change in the speed at which these buses go. I dare say that there will be many occasions on which they will go faster than 35 miles per hour and will run the risk of being caught, but, up to now, the pace at which they travel has been left to their discretion, provided they keep within their schedules, and I think that hardship has been done to the drivers, because, if they are delayed, it is almost impossible for them to keep within their schedules without going at a very excessive speed. I think that if the Seanad will grant the speed at 35 miles per hour, there will be reasonable excuse for the police authorities seeing that they stick to that speed and do not go beyond it. I ask the Seanad to support me in this amendment.

I am prepared to second the amendment, and I should like to congratulate the Senator, whom we do not hear very often, on an excellent and witty speech. I am sure that the Minister, in view of his speech earlier in the day, will be particularly interested in having a good illustration of politics without party. The Senator certainly demolished all the members of his own Party who spoke, and a few of the rest of us, very effectively. I was unavoidably absent when this matter came up before, and I propose to give my reasons for believing that it was a mistake to change the limit from 35 to 30 miles per hour. I do not quite agree with Senator Robinson when he says that there will be no change when the Bill becomes law, because I think he has overlooked the fact that the Bill does provide, perhaps, the only really effective method of creating a change in that it makes the people who fix the time tables, in the case of buses, responsible. When you have time tables in accordance with a reasonable schedule, you will find that bus drivers will, in the main, but not always, of course, keep within a reasonable time.

Those of us who drive cars know quite well that 45 miles per hour is a very common speed for buses and I think I am correct in stating that very few people who are not driving cars have any idea of speed. I know that, although I have driven a car for a great many years, I have no idea of the speed at which a car is travelling unless I am driving and have the speedometer in front of me. I have often been surprised, when trying to pass a bus on a country road, to find, on looking at the speedometer, that I am travelling at 40 miles per hour and that the bus is going faster. That is the only way in which you can tell the speed at which a bus is going. You really can get no idea if you are standing in a field or on the road. Twenty miles per hour in one position will seem exceedingly fast if you are close to the bus and it nearly hits you. You will think that it is going at an excessive speed but, if you are a considerable distance away, the speed will not seem so fast. We know that buses travel at very considerable speeds, but if you fix 35 miles per hour that will be the maximum speed at which they can travel. I think I am correct in saying that, if you leave it at 35 miles per hour, it will not be possible to make a time table which will show an average of more than 27 or 28 miles per hour because, if the maximum is 35, you cannot get an average of more than 27 or 28 miles an hour. I know that if you travel a long distance and get 35 miles per hour average speed out of an ordinary car, you have to travel at 50 miles per hour quite frequently. Anyone driving a car will bear me out in that, so that if you fix the speed at 30 miles per hour you are going to bring down the time table to an average of 24 or 25 miles per hour, and the public will not be satisfied and the regulation will not be properly carried out.

I think that, in fixing the limit of 35 miles per hour, you are going really as far as you can to get the public satisfied and to get the regulation carried out. Thirty-five miles per hour as a maximum speed is not really dangerous for modern buses. It may be, and it, frequently, is, dangerous, but the real point about the Bill is that you have got proper methods of dealing with dangerous driving which we had not under other legislation. The greater maximum speed limit is safe when you have, as we hope, effective methods of dealing with dangerous driving. When you have no such effective methods, you have to have a somewhat lower speed limit. I really believe that the provision in the Bill of 35 miles per hour was a wise one, and to reduce it will really not be effective and will serve very little purpose. We know that a great deal of the motor law simply is not carried out, and, so far as possible, we want to make this an Act which can be carried out and I think it would be far better if the House re-inserted the 35 miles per hour speed limit. I was not here when the discussion took place before.

Senator Robinson did not quote the very short speech I made on the last occasion, and I intend, for his information, and that of the House, to repeat the essence of it. It was that the Departmental Committee, whose report formed the basis of this Bill and which consisted of those who know all about motor traffic and the regulation of it—the police, the Department of Industry and Commerce, and the Department of Local Government, which deals with roads and transport— made a recommendation, five years ago, that buses should not go more than 25 miles per hour. The Minister said that that was five years ago and that there had been considerable advances in motoring since that time. I agree, but has there been so great an advance as to warrant a jump from 25 to 35 miles per hour? I have formed the impression from motorists' talk, from discussions here and from discussions in the other House, that motorists imagine that human nature, human characteristics and qualities can change as rapidly as the speed of motor cars and the advance in mechanical ingenuity. The purpose of this Bill is, somewhat, to save the roads but, mainly, I hope, to save human life and limb.

The adaptability of the genus homo, of human nature, does not change as rapidly as this legislation would suggest, and our trouble in all this discussion of motor transport is, I think, the impression that the individual pedestrian, the man, woman and child, must make way for the motorist and must adapt himself and his practices, habits and mentality to the motorist's needs. We have to bear in mind that there are two dangers in this. There is the danger to the passengers in a heavy vehicle in that one smash might easily mean the loss of 20 or 30 lives. I think it is still arguable that something is much more likely to happen to a loaded vehicle going at a fast pace than to a loaded vehicle going at a moderate speed. Some Senator spoke of the open roads in the country with nothing to obstruct them, but there are side roads. There are farmers' houses, cottiers' houses, cottiers' children and farmers' children, and I have seen many times the shock women and children received when a vehicle like a motor bus came along at a fast pace. These are very much more dangerous instruments than the smaller vehicles, because they are so much heavier, and at the critical moment it may happen that they are less under control. The fact that the Departmental Committee, after long consideration, advised 25 miles as the limit, the fact that British legislation in this matter has limited them to 30 miles an hour, and the fact that human nature cannot adapt itself as quickly as the mechanical inventiveness of man to enable motor cars to propel themselves, makes me feel that there ought to be a direct limitation and that 30 miles an hour is the maximum that should be allowed for a heavy vehicle carrying passengers. I hope the Seanad will stand by its decision on the last occasion.

I still believe that speed enters very largely into the element of danger and as a cause of accidents. Notwithstanding what Senator Robinson has said I believe the policy of insurance companies has affected heavy vehicles. I doubt if some of them are at the present time insured at all. One type has been rejected twice by two insurance companies with whom they did business. Neither the poor man's motor car nor the rich man's motor car is entitled to drive along the roads to the danger of the public. We are told that buses travel at 40 or 50 miles an hour and that it is therefore expedient to legalise that speed. Then why not legalise illegal drinking? Since the Commissioner reported a good deal of time has passed. Does not every Senator know what the toll of death on the roads has been within that period? There has been a certain slackening perhaps in accident cases by reason of the very heavy rates of insurance that have to be paid. I appeal to the Seanad to stand by its decision and to confine buses to 30 miles an hour. It is not enough to say that that will not be observed. In some districts possibly it may be exceeded, but at least the time tables will be based on 30 miles an hour.

I do not think Senator Robinson has made such a case as would induce the House to reverse the decision come to on the last occasion. These buses are of two kinds, the smaller ones being for short journeys. Senator Robinson, I understand, does not desire that buses going out to the suburbs of the city should go at a higher rate than 30 miles an hour. Obviously what he was referring to was what he called trunk buses going to places like Wexford and Limerick. The question for consideration is this: if the maximum speed is increased to 30 miles an hour, will the drivers of these buses be more careful when entering towns like Thurles or Nenagh? I do not think they will. Will they be more careful when passing a school-house, or when passing a labourer's house on the side of the road? I do not think they will. The Seanad has come to the conclusion that 30 miles an hour is fast enough for trunk buses, seeing that they are likely to meet little children on the roads, people driving horses and carts, cars come from side roads, or various classes of traffic.

There is another consideration. I expect when this Bill is passed, and when the Railways Bill is passed, that there is some probability that buses on long journeys will be discontinued, if the railway company can be induced to diminish their rates. I think it would be to the public advantage if trunk buses, running to Limerick, to Tralee or to Cork, side by side with the railways, would stop altogether and let the long distance traffic be carried on the railways. In any case, the dangers to the public of these juggernauts going along country roads at a permitted speed of 30 miles an hour, which they will exceed, are too great, and the advantage of giving them an extra five miles an hour is too little. The increase from 30 to 35 miles does not represent a shortening of the time, the reason being that even if they are permitted to do 35 miles an hour, they are bound to slow up coming into the cities or towns. Senator Robinson spoke about vibration, and said that he did not understand what was meant by the argument that excessive speed caused excessive vibration.

The danger of vibration.

We did not mean the vibration caused by loads of cattle or sheep crossing the Curragh, 15 yards from the main road. The vibration is the vibration to the countryman's house at the side of the road, or to the house in the suburbs of a town, through which these great vehicles pass. I think the Seanad was very wise not to reduce the speed for these trunk buses. The Senator admitted that this would not apply to small buses that ply in and around the city. It can only apply in the case of long journeys, and 30 miles an hour is fast enough. The Seanad ought not to reverse its previous decision.

I think there was a great deal more humour than commonsense shown in support of this amendment. I have a great deal of experience in this matter, and I consider that it would be a danger to grant any increase in the speed of buses. It is a step in the right direction to limit the speed of these vehicles. I travel a great deal on buses and on motor cars. While I do not want to refer to any particular route, I have witnessed accidents which could be attributed to the speed at which these vehicles were travelling, and to cutting out at crossroads instead of slowing up. I think the sensible thing is to limit the speed to 30 miles an hour. That will restrain those who drive at a fast pace. I often see those motor buses passing privately-owned motor cars at more than 30 miles an hour. It seems to be a kind of advertisement on the part of some people who have lorries for hire to drive fast, in order to encourage people to deal with them. I have no desire to impede the use of motor cars, but I consider that the Seanad should leave the matter as it is by adhering to the previous decision.

I do not object to an amendment being moved on the Report Stage to repeal what was done on the Committee Stage if any argument was put up for doing so. The mover and seconder of the amendment have not put forward any argument why we should repeal what was done in Committee. This matter was fully discussed on the Committee Stage, and practically the unanimous opinion of the Seanad was in favour of 30 miles an hour. When he was replying, the Minister stated that he thought the whole House was against, thus showing that the opinion on that occasion was in favour of the 30-miles limit for buses. This whole matter was very fully discussed on the Committee Stage of the Bill. On that occasion I stated that the scheduled time for trains, with the exception of a few express trains, was 30 miles an hour. If trains are only able to travel at 30 miles an hour on a protected track it is quite unsafe, I suggest, to have buses travelling on the public roads at 35 miles an hour. There is another point to be considered: that we want to get the travelling public between any two points off the road and on to the trains. If the scheduled time for a journey by train between any two points is three hours, and for a bus between the same two points is two and a half hours, then naturally people will travel by bus and leave the railways there. That is a consideration which I think Senators should take into account when voting on this amendment.

On a point of order, I would like to know if it is in order to have an amendment which was passed on the Committee Stage argued all over again on the Report?

Cathaoirleach

It is in order, Senator.

It is exactly the same amendment which we discussed in Committee, and so far as I know it is contrary to order to have the same discussion all over again on Report.

I support the amendment. The line pursued by Senator Johnson, Senator Dowdall and other Senators against this amendment is that they are accepting it as a hypothesis that speed is the most fruitful source of accidents.

A fruitful source.

The most fruitful source of accidents. The Senators may not have used the word "fruitful." But why legislate on that basis? Why not legislate for private motor cars? Senator Johnson referred particularly to buses, and said they were more dangerous than private cars, first because they are heavier, and secondly because they are not so easily controlled. My opinion is that buses are less dangerous. One reason is that a fewer number of them are on the road. They are much more easily seen than private cars, they are more easily heard and they are usually far and away better controlled, because they are subject to test more often than a private car, especially in respect to braking. Another reason is that the drivers of these heavy buses are far and away better than the drivers of most private cars. It seems perfectly ridiculous to suggest that one of these juggernauts, as Senator Comyn referred to them, should be obliged to crawl along some of the trunk roads at a speed of 30 miles an hour. Fancy one of these super-Leylands travelling at such a speed. I think that in our legislation we should be reasonable. 35 miles an hour is reasonable. With regard to the smaller buses the position is quite different. The Minister for Industry and Commerce, when dealing with this matter, said that he wanted to have the smaller and more rickety type of bus eliminated from the road altogether. Under this legislation we hope to have the better type of big bus on the road in future. With improved roads, and the limitations to which Senator Douglas referred, I do not think 35 miles an hour is at all unreasonable.

I move that the question be now put.

Cathaoirleach

I cannot take the motion.

I was unavoidably absent when this matter was discussed in Committee, but the last thing that the people of the country desire is that the speed limits for these buses should be increased. I am against the amendment.

I am absolutely in support of the amendment.

I also support the amendment. I think that the man who drives along slowly is a greater danger on the road than the man who goes at a reasonable speed. If the object is to destroy the bus services provided for the people, then I agree that one way of doing that is to limit their speed to 30 miles an hour. These buses are rendering a very good service to the public. I do not think we should, by our legislation, drive the long distance buses off the road. The law provides that if any man drives a bus or car of any kind at a dangerous speed on the public road that he is liable to be prosecuted, especially if he does it where there is any heavy traffic. I think it would be ridiculous to limit these big buses, which are capably driven, to a speed of 30 miles an hour.

I think the time has come when we should express our opinions by voting instead of talking on this.

Amendment put.
The Seanad divided: Tá, 17; Níl, 15.

  • Bellingham, Sir Edward.
  • Cummins, William.
  • Dillon, James.
  • Douglas, James G.
  • Duggan, E.J.
  • Foran, Thomas.
  • Garahan, Hugh.
  • Keane, Sir John.
  • MacKean, James.
  • MacLoughlin, John.
  • O'Hanlon, M.F.
  • Quirke, William.
  • Robinson, David L.
  • Robinson, Séumas.
  • Ryan, Séumas.
  • Staines, Michael.
  • Wilson, Richard.

Níl

  • Browne, Miss Kathleen.
  • Chléirigh, Caitlín Bean Uí.
  • Comyn, K.C., Michael.
  • Costello, Mrs.
  • Counihan, John C.
  • Crosbie, George.
  • Dowdall, J.C.
  • Farren, Thomas.
  • Guinness, Henry S.
  • Jameson, Right Hon. Andrew.
  • Johnson, Thomas.
  • Kennedy, Cornelius.
  • Moore, Colonel.
  • O'Connor, Joseph.
  • Parkinson, James J.
Tellers:—Tá: Senators Douglas and D.L. Robinson; Níl: Senators Dowdall and Johnson.
Amendment declared carried.

I move amendment 35:—

Section 48, sub-section (1). After the word "of" in line 64, to insert the words "any specified road or of all the roads in".

Amendments 35, 36 and 37 are almost identical. These amendments are intended to clarify the position where a special speed limit is imposed on all the roads in a particular area.

Amendment put and agreed to.

I move amendment 36:—

Section 48, sub-section (1). To delete in line 2 the words "within that area" and to substitute therefor the words "on such road or roads".

Amendment put and agreed to.

I move amendment 37:—

Section 48, sub-section (2). To delete in line 8 the words "the area to" and to substitute therefor the words "the road of a specified area to the roads in".

Amendment put and agreed to.

I move amendment 38:—

Section 48, sub-section (3). To delete in line 13 the words "on such road".

Amendment put and agreed to.

I move amendment No. 39:—

Section 70, sub-section (1). After the word "time," in line 1, to insert the words "the vehicle insurer shall give notice in writing to the insured and".

It is provided under this section that where an insurance policy is terminated by any means other than the effluxion of time, the insured shall, within seven days after such termination, deliver to the vehicle insurer the latest certificate of insurance given by such vehicle insurer in respect of such policy. I do not quite exactly know what other means there would be of terminating a policy but it seems to me that where a policy had ceased to have effect from any other cause than the effluxion of time the insurance company ought to notify the insured, and that he should have to surrender his certificate within the seven days. If there are other reasons than the effluxion of time why the policy is being terminated the insured person ought to know, and it is highly desirable that the insurance company should notify him. That is the object of the amendment.

It does not appear clear to me how, in the circumstances, a vehicle insurer would be in a position to give notice to the insured. Suppose the insured person were disqualified and the insurance policy lapsed because of that, the insurer need not necessarily know anything about that. How then could he notify the insured person?

The insurance would not necessarily lapse. There might be certain types of policies which are individual but the insurance is generally for a car and not for the driver. I could not think of any reason why it should lapse except there was a change in the rate of premium, or something of that kind.

It might happen that the insurance companies would insist that on disqualification the policy should lapse. If that be so, the insurance policy would lapse without the knowledge of the insurer.

If I have a policy which covers another driver my disqualification should not prevent the car being covered. The policy covers the car still for any other driver. I think you will find that nearly all policies which have been issued cover the car. Sometimes they cover a number of cars. I think you will find a certificate is in respect of the car in nearly every case.

I am not quite clear on that point, but I rather think it is quite likely that there will be conditions put in new policies under this Bill when it becomes an Act. An insurance company may put in a condition that on disqualification the policy is to lapse. In that case, if that did happen, the insurer need not know that the policy would lapse and need not send notice to the insured.

I think Senator Douglas is quite right in saying that in practically every case it is not the individual that is insured. It is the car that is insured and the difficulty arises there.

I was going to suggest that as there seems to be some doubt in the matter the amendment might be accepted and if the Minister finds afterwards that it is not necessary he could have it removed later.

I do not think I could accept the amendment.

Amendment put and declared lost.
Amendment 40 not moved.

I move amendment No. 41:—

Section 70, sub-section (1). After the word "termination" in line 2 to insert the words "or suspension."

This amendment, and the next, are consequential on amendments accepted in Committee.

Amendment put and agreed to.

I move amendment No. 42:—

Section 70, sub-section (2). After the word "termination" in line 9 to insert the words "or suspension."

Amendment put and agreed to.

I move amendment No. 43:—

Section 71. To add at the end of the section a new sub-section as follows:—

(4) Any notice or any particulars which the owner of a vehicle is required by this section to give to any vehicle insurer or vehicle guarantor may be given by such owner posting such notice or particulars in a properly closed and prepaid envelope addressed to such vehicle insurer or vehicle guarantor (as the case may require) and such notice or particulars shall be deemed to be given in the time specified in this section for the giving of such notice or particulars if so posted within such time.

This, with amendment No. 45, is a redraft of an amendment submitted by Senator Douglas during Committee and which is now on the list as amendment No. 44.

I am satisfied with these amendments and I shall not move amendment No. 44.

Amendment put and agreed to
Amendment No. 44 not moved.

I move amendment No. 45:—

Section 72. To add at the end of the section a new sub-section as follows:—

(3) Any notice or particulars which any person is required by this section to give to the owner of a mechanically-propelled vehicle may be given by posting such notice or particulars in a properly closed or prepaid envelope addressed to such owner.

This is a consequential amendment.

Amendment put and agreed to.

I move amendment No. 46:—

Section 144, sub-section (1). Before paragraph (h) insert a new paragraph as follows:—

(h) regulating and controlling the conduct of vehicles in passing or meeting animals on the road.

Cathaoirleach

The next amendment practically meets your point of view, does it not, Senator?

It has been drafted to meet the Senator's point of view.

I understand when we discussed the matter before that the Minister agreed with my point of view.

Cathaoirleach

The next amendment is put forward in pursuance of that.

I am quite satisfied, and I ask leave to withdraw my amendment.

Amendment, by leave, withdrawn.

I move amendment No. 47:—

Section 144, sub-section (1). Before paragraph (h) to insert a new paragraph as follows:—

(h) regulating and controlling the driving of vehicles on roadways when meeting or passing animals, whether such animals are accompanied or unaccompanied by any person or are or are not harnessed or attached to any vehicle.

This also meets a request which I made on Second Reading, and I thank the Minister for it.

Amendment put and agreed to.

I move amendment No. 48:—

Section 164, sub-section (1). To delete in lines 35-36 the words "or gets on or into or attempts to get on or into such vehicle while it is so stationary".

This section makes it an offence for any person without lawful authority to get on or into a motor vehicle, or to interfere with the mechanism of such vehicle while it is stationary in a public place. It also makes it an offence for a person to get on or into, or to attempt to get on or into, such vehicle while it is stationary. For the offence of attempting to get on or into a vehicle while it is stationary a person is liable on conviction to a fine of £20. That is making an offence of what need not be an offence. There is no necessary connection with the attempt to interfere with the mechanism. I think it is rather a wrong thing to insert these words, making it an offence carrying a penalty of £20, to get on or to attempt to get on a vehicle without lawful authority. As I illustrated in a previous case, getting on a stationary motor vehicle, a lorry in a public place, say, a fair green, without lawful authority, surely is not an offence that should be punishable by a fine of £20. I think it is an excessive penalty for an offence which may be no offence at all.

I think amendment No. 49, when the Senator looks at it, will meet very largely the point he makes against the section.

Cathaoirleach

I should not think so.

Is this intended to deal with overcrowding?

No, with joy riding.

No. It deals with interfering with the mechanism without authority.

It has been put to us and pressed on us, I must say, by the police. They are very keen that the section should be left as it is, because there is a considerable amount of interference with motor cars.

It is one thing to interfere with the mechanism. That is an offence that is punishable and rightly punishable, but it should not be equally an offence for a person to get on a motor car, say, to look at a procession. If I, without any semblance of lawful authority and without believing I had lawful authority, got up on a motor lorry to look at at procession or if children get up on a lorry in a market place while waiting for a public meeting to be held, that is an offence. That is reducing the matter to absurdity, no doubt, but any person who gets up on a lorry in a public place without authority is going to be made equally liable with a man who gets into a vehicle and attempts to interfere with the mechanism. I feel that that is too stringent.

It is very hard to be consistent, and Senator Johnson has reversed his whole attitude on this amendment. He does not realise that a man who gets into a car may be about to injure the mechanism. Cars are left in parking places and the position will be very difficult if a man can get into a car and drive away joyriding. The maximum fine in this case is £20. For getting into a lorry to look at a procession, the likelihood of a prosecution would be very small and the fine, if there were a prosecution, would be very small. The other amendment would deal with any case where the person had reasonable grounds for believing that he had lawful authority.

The offender must get into the car without the consent of the owner and he must also interfere with the machinery before he is liable. Is not that right?

No. If he gets in at all, it is an offence.

I expected that somebody who is more familiar with the working of the courts than I am would tell me that this sub-section must connect up with "interference." I expected that there would be some redrafting of that sub-section, because it seems to me to be exceedingly strict and to make an act which may be no offence at all—attempting to get into a car or lorry—subject to a heavy fine.

Senator Johnson wants to avoid the possibility of a prosecution in the case of a person who gets into a lorry to see a procession and, in order to avoid that, he will destroy the effect of this entire section. The object of the section is to enable a policeman to apprehend a person who is attempting to steal a car. If Senator Johnson's amendment be accepted, the policeman can do nothing unless the man is inside the car. If he has opened the door and is ready to steal the car, the policeman can do nothing. There is, of course, something in what Senator Johnson says, that a man who goes into a lorry without the consent of the owner or without lawful authority to see a procession is liable to a fine, but what the Senator is trying to guard against is hardly worth guarding.

Amendment, by leave, withdrawn.

Cathaoirleach

Amendment 49— Government amendment.

Section 164. To add at the end of the section a new sub-section as follows:—

(5) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.

This amendment is brought in as a result of discussion on the Committee Stage. It is similar to sub-section (2) of Section 62 and covers bona fide mistakes.

Amendment agreed to.

Cathaoirleach

Amendment 50— Government amendment.

New section. Before Section 174 to insert a new section as follows:—

174. Whenever in exercise of any power or the performance of any duty under this Act any member of the Gárda Síochána makes in a public place any request, requisition, or demand of any person, such person shall not be bound to comply with such request, requisition, or demand unless such member either—

(a) is in uniform, or

(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

This amendment is introduced as a result of discussion on the Second Stage of the Bill. There is no express provision in the Bill requiring the driver of a mechanically-propelled vehicle to stop on signal by a Gárda, whether in uniform or not. Any provisions that may be necessary will be introduced by regulations, which regulations will be laid before both Houses. In making these regulations, I should like to assure the Seanad that we shall bear in mind the discussion that took place on Committee Stage and again to-day with regard to the danger of allowing Gárda not in uniform to stop cars.

Amendment agreed to.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.
Fifth Stage fixed for Wednesday, 21st June.
The Seanad adjourned at 8.10 p.m. until 3 p.m. on Wednesday, 21st June, 1933.
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