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Seanad Éireann debate -
Tuesday, 18 Dec 1990

Vol. 127 No. 3

Adjournment Matter. - Bus Safety Standards.

I thank the Minister for coming into the House to listen to what I have to say. The need for safety in large vehicles which carry a big number of passengers is fairly self-evident. Everybody would agree with that general idea. It is certainly obvious in the case of buses where 90 people, or approximately 90 people, are carried. It is essential that those buses should be safe for the sake of the passengers and also, of course, for the sake of the public at large who risk being injured or, indeed, killed if something goes wrong with these buses which might lead to accidents.

I begin by making those fairly broad points. What triggered me into raising this matter on the Adjournment was a specific case which has come to my attention. It relates to an accident which took place on 21 August 1989. A number of people were standing at a bus stop in south Dublin when an oncoming bus veered across the road and killed a person at the bus stop. A number of people standing against a wall adjacent to the bus stop narrowly escaped serious injury or, for that matter, being killed.

At the time the newspapers, particularly the Irish Indpendent and the Irish Press, reported that CIE, through their spokesman, promised a full scale inquiry into the incident. I cannot say for certain whether the report of this inquiry was published. I imagine it was not. I have sought the information from CIE on two occasions and, quite simply, they have not come back to me. The appropriate person was not available and on either occasion did they get back to me with the information.

I can find no evidence, after searching to a reasonable extent in newspapers, and also through communicating with the family of the unfortunate man who was killed that the report was published. I believe it was not published. In the last month or so the events were the subject of a court case. During that court case it emerged that the Garda expert witness found that the service brakes were defective and were not kept in a good working order. The judge who was dealing with the case said, and I quote, that "the driver should not be asked to drive a bus in that condition". The brakes were described as faulty when the bus went out of control.

Dublin Bus denies that the faulty brakes caused the accident. I certainly am not in a position to say that the faulty brakes did or did not cause the accident. The evidence which is available to me certainly would not allow me to reach a definitive conclusion on that matter. A spokesman for Dublin Bus said that there were various reasons for the crash, but the spokesman then went on to say and, I quote, "I cannot say what they were".

I find it quite disturbing that Dublin Bus can state that there were various reasons for the crash, and yet are not in a position to say what they were. Certainly Dublin Bus are not giving the public any assurance that the reason for the crash has been attended to, in other words, that the reason has been eliminated. That does not appear in any of the newspaper reports that I have seen on the matter.

Further to that, another spokesman for Dublin Bus said that he is confident that all their buses are safe. I find that mind boggling. If somebody says that all the buses are safe and if it emerges in the course of a court case that brakes were faulty to the point that a judge says that buses with those type of brakes should not be on the road, I find that absolutely distrubing. The spokesman from Dublin Bus went on to say that it is the company's policy to replace a bus when it is 16 years old. That is routine procedure. The bus which was involved in this accident was 17 years old. Indeed, the spokesman for Dublin Bus who made that statement is further quoted in the same newspaper report as withdrawing the statement and he went on to talk about financial reasons why the company's buses depreciated over a period of time, etc.

A journalist in the Dublin Tribune wrote that Dublin Bus have no plans to change their maintenance policy, despite a court finding that faulty brakes on a 17 year old bus were to blame for a fatal accident in which a student was killed. I find that very disturbing. The evidence has emerged clearly that there was a 17 year old bus on the road which had faulty brakes, yet a public transport company have no plans to change their maintenance policy. Clearly, as I see it, the maintenance policy has failed. It has failed because a faulty bus went out on the road and tragically was involved in an accident. I am not saying that the brakes were the cause of the accident, but what I am saying is that there was a maintenance policy in use which allowed a bus with faulty brakes to be on the road. I have to say that that is extremely disturbing.

I would ask the Minister, first, to try to see if it is possible to have the report of the inquiry which was conducted by Dublin Bus into this matter published. I cannot say if the inquiry is completed, but I imagine that one year on from the time of the accident that the inquiry would be completed. That is the least, as it were, that should be done. I also think that some assurances should be provided for the public in relation to the maintenance policy and the standards of service which are in use by Dublin Bus.

I find the attitude of Dublin Bus to the maintenance and safety standards of their vehicles arrogantly disturbing and a matter for public concern. Dublin Bus have refused to change their procedures for bus maintenance despite Garda evidence in a court case that the brakes on a 17 year old bus which was involved in a fatal accident were faulty. At the time of the accident Dublin Bus promised a full inquiry. The findings of that inquiry were not published as far as I can ascertain. Dublin Bus now state that there are various reasons for the accident, and yet they cannot say what they were.

This will certainly do nothing to alleviate concern about safety standards in Dublin Bus, especially when the judge involved in the court case following that fatal accident remarked that the driver should not have been asked to drive such a bus.

It is intolerable that Dublin Bus are continuing with a maintenance policy which clearly failed to prevent a 17 year old bus with faulty brakes being on the streets. The public must be reassured about the safety standards of a public service company that carries thousands of people each day, when one of its vehicles was found by a Garda expert to have brakes which were defective and not kept in good working order.

I ask the Minister to ensure that Dublin Bus publish the report of the inquiry into this accident. I would also ask the Minister to ensure that they review their maintenance policy for old buses and let the public know what the risks are and how they are reduced to acceptable levels when old buses are being used for public transport.

Again, I want to thank the Minister for coming to the House and listening to the debate.

I want to start by stressing two points. First, bus passengers are entitled to expect that the vehicles they travel in are safe. Secondly, the primary obligation to ensure that buses are maintained in a roadworthy condition — at all times — rests with the operator.

All operators should ensure the frequent inspection and repair of their buses. Any operator who is detected using a defective bus by the Garda Síochána is liable to be prosecuted under the Road Traffic Act, 1961. In addition, where a bus defect is shown to have caused or contributed to a road accident, the operator could be liable to pay compensation to injured passengers or other road users.

About 30 per cent of buses used as "Large public service vehicles" are over ten years old — including 11 per cent over 15 years old. A well-maintained older bus can be safer than a badly maintained new bus. However, everyone would accept that defects are more likely to arise on older buses and these buses must, therefore, be subject to strict maintenance schedules.

All buses over one year old must be tested annually. In 1989, a total of 5,758 buses were tested; 89 per cent were passed, including 58 per cent which were passed after defects had been rectified. The 11 per cent of buses which failed must be re-tested and passed as roadworthy before being re-licensed — re-taxed — to carry passengers in a public place.

Where a used bus is permanently imported into this country, the bus must be tested and passed before it is licensed to carry passengers.

While the annual testing is some safeguard for bus users, it is no substitute for frequent checks and repairs by the operators. Many defects arise from normal use — wear on tyres, brakes, etc. Garda Síochána public service vehicle inspectors can inspect any bus used on a public road at any time and the Garda are willing to investigate specific complaints from the public.

Comprehensive new construction and equipment regulations will be made next year for one-person operated — OPO — buses. Since the introduction of these buses, CIE comply with special requirements laid down by my Department.

An applicant for a provisional driving licence to drive a bus must undergo a medical examination, including an eyesight test. The applicant must also have a full licence to drive a class B vehicle — a car or light van — and must be at least 21 years of age. The medical and eyesight requirements for a bus driver are more stringent than for a car driver, and persons suffering from certain complaints cannot be licensed to drive a bus.

The Minister for Tourism and Transport is responsible for legislation regulating bus drivers' hours. Depending on the type of passenger service, the legislation requires, among other things, either the use of a tachograph or duty roster and service timetable for recording drivers' hours. The enforcement of the legislation is shared between transport officers appointed by that Minister and the Garda Síochána. There is provision for roadside inspection of tachographs and for inspection of records in bus operator's premises.

About 70 per cent of buses used as large public service vehicles are owned and operated by CIE and its subsidiary companies — Bus Átha Cliath and Bus Éireann. The balance — 30 per cent — are privately owned.

The licensing of private operators under the Road Transport Acts is the responsibility of the Minister for Tourism and Transport. He also has overall responsibility for legislation governing Bus Éireann and Bus Atha Cliath. I know that the Senator would share my view that all bus operators should aim for the highest vehicle and driver safety standards, in the interest of the travelling public. I would be anxious that that would be the position at all times.

The Senator will appreciate I cannot refer to various accidents that take place which he mentioned in his opening remarks. In view of the legal implications — the proceedings are going to court — I regret I cannot make any comment on that. I want to assure the Senator that I would be as anxious as him or anyone else that all public transport or other transport used in this country would be kept in a safe condition and that brakes and all equipment would be of the highest standard and 100 per cent perfect at all times.

The Senator can appreciate my position in regard to the matter he raised earlier. Again, I assure him it is our aim and a matter for all operators in this country to make sure that there are no defects in the vehicles. That is most important. That is the way it should be but, of course, the laws are there. They are laid down by the Minister for Tourism and Transport in regard to this matter as well. I am satisfied that the section that comes under my own Department, with the Garda Síochána, has adequate laws available to deal with all this.

May I ask the Minister two further questions? Would he be prepared to consider reviewing the maintenance policy and regulations to ensure that buses with defective brakes cannot be on the road? Secondly, would he be prepared to consider publishing or ensuring that the report of the accident in question is published in due course; if there are legal reasons why it cannot be done now, then to be published at a subsequent stage when those legal reasons will not be relevent?

That will be a matter for the company involved and the Minister for Tourism and Transport. It is solely a matter for them. It does not come under the aegis of my Department to do that.

The Seanad adjourned at 6.10 p.m. until 10.30 a.m. on Wednesday, 19 December 1990.

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