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Seanad Éireann debate -
Wednesday, 18 Apr 2012

Vol. 214 No. 12

Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012: Second Stage

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

I welcome the Minister, Deputy Varadkar, to the House.

The Bill I am introducing today has two main components, namely, the reform of commercial vehicle roadworthiness testing and the designation of the Road Safety Authority, RSA, as the driver licensing authority. The provisions relating to the two areas will bring about significant and positive changes to the way in which each is operated and managed. This will result in major service improvements for all users.

The primary purpose of the Bill, as suggested by its title, is to establish a legislative framework for commercial vehicle roadworthiness, CVR, testing in the State. The Bill will see the functions of local authorities regarding CVR being assumed by the Road Safety Authority. In addition, the Bill will provide for a new licensing or authorisation system in respect of test centres and authorised testers as well as greater powers of enforcement through targeted roadside inspections and inspections of commercial operators' premises in respect of vehicle maintenance and roadworthiness.

The Bill also provides for revised administrative arrangements for the processing and management of driving licences. The administrative change will provide the necessary support for the introduction of a plastic card driving licence in Ireland at the beginning of 2013 and for the transfer of the driver licensing function from local authorities to the RSA. These initiatives are important elements of my Department's action plan under the Croke Park agreement. The reforms being delivered on foot of this Bill will result in a significant saving in the current organisation of public services in these areas and should result in a better public service. I commend the leadership and commitment shown by the RSA, local authorities and those working in the area in responding to the challenge of public service reform and working to deliver the service changes underpinning this Bill.

Before outlining in detail the provisions contained in the Bill, I would like to broadly explain the background against which these proposals were framed. Regarding commercial vehicle roadworthiness testing, a number of years ago, following some high profile collisions involving commercial vehicles, my predecessor tasked the RSA with undertaking a comprehensive review of arrangements for the roadworthiness testing of commercial vehicles in Ireland. At present, commercial vehicles are 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 for completing regular supervision of these authorised testers in their area. Following the comprehensive review, which was carried out by independent consultants on behalf of the RSA, the recommendations contained in the report were approved by my Department.

The recommendations involved two courses of action that would seek to raise the standard of commercial vehicle testing across the country on a permanent basis. The first element was a complete overhaul of the CVR testing system to provide for a three-strand approach by addressing the testing process to ensure that roadworthiness tests are conducted impartially and correctly at all times; developing a programme of roadside inspections to ensure continuous compliance with roadworthiness standards; and the introduction of operator premises checks and intelligence-led targeting of operators based on risk. The second element was the transfer of responsibility for the management and operation of the commercial vehicle testing system from local authorities to the RSA. The two elements are inextricably linked and necessary to meet the overall objective of the transformation programme, which will make a step change in the quality of commercial vehicles using Irish roads and thereby help to improve road safety, reduce congestion, ensure fair competition, develop a much 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.

Many in the industry have claimed that commercial pressures have led some operators to cut corners in terms of vehicle maintenance and compliance with required vehicle standards, thus providing such operators with an unfair commercial advantage. This is not hearsay and the claims are supported by RSA and Garda enforcement activity and reports from enforcement authorities in other EU member states on the defects found in Irish commercial vehicles. A failure to act would perpetuate this problem to the detriment of operators who take a more responsible attitude. In the current economic climate, it is even more important to take all necessary steps to ensure the roadworthiness and quality of the national vehicle fleet does not deteriorate further.

In terms of safety, an estimated 17.5% of road fatalities on Irish roads over the period from 1996 to 2010 involved commercial vehicles, so an improvement in the roadworthiness of these vehicles could not only save lives but could also result in substantial savings to the State. While it may seem callous to discuss the financial cost of fatalities, it is a reality. The avoidance of four fatal collisions or 25 serious injury collisions per year involving commercial vehicles would more than cover the operational cost of this proposed reform. However, it is the avoidance of loss and pain for the families involved that will provide the ultimate gain.

Another major contribution of this reform is to reduce congestion caused by breakdowns of commercial vehicles. It is estimated that up to 10% of total congestion on primary roads is caused by such incidents. Vehicles that are not compliant with the roadworthiness testing system are considered to be a significant contributory factor. Based on UK estimates of the economic impact of such incidents, the cost to Ireland would be in the range of €1 billion to €2 billion. It is clear that avoiding even a small number of these incidents on the M50 or in the port tunnel, for example, would have considerable economic benefit.

Other indirect benefits from a reformed system include increased business for the vehicle maintenance and testing industry, increased revenue to the Exchequer from fines for non-compliance as well the restoration and improvement in the reputation of the transport industry. The measures will support compliant operators in their business through more effective enforcement of non-compliance. The measures will also support a system which reduces the administrative burden on operators, including, for example, the need to visit a motor tax office to obtain a certificate of roadworthiness and online motor tax for commercial vehicle owners.

Following approval of the proposals, the RSA developed a transformation roadmap which outlined a phased approach to establishing a reform programme for the commercial vehicle roadworthiness testing system. Preparations are well advanced for implementing the many elements of this roadmap. The requisite number of staff has already been transferred from local authorities and the RSA is engaged in procuring IT and structural support for the measures. With the legal support of the provisions in the Bill, the Department and the RSA will proceed immediately to drafting the necessary secondary legislation to enable the RSA to take the final steps to put in place the revised structure for CVR. Subject to the appropriate legal provisions being in place, it is envisaged that the testing function will transfer to the RSA by the end of this year. Furthermore, the new system of managing and supervising the performance of test centres to ensure a minimum consistent standard of testing throughout the country will be in place by the end of this year. The other measures will be in place in the first half of next year.

The other area to which the provisions of the Bill relate is the transfer of the driver licensing function from local authorities to the RSA. The Irish driver licence system has operated on a decentralised basis since 1964 when the current system came into being. The system as it currently stands has a number of strands. Local authorities, operating out of motor tax offices, are responsible for processing applications and delivering licences. Budgetary responsibility for the licence service rests with the Department of the Environment, Community and Local Government. My Department has responsibility for policy oversight and the driver licence database, which is managed by the national vehicle driver file in Shannon. Operational oversight at national level and certain elements of policy guidance rests with the Road Safety Authority.

The impetus for the change I am undertaking is the introduction of the plastic card driving licence in 2013. Under EU Licensing Directive 2006/126, all member states are required to introduce a plastic card driver licence in January 2013. The introduction of this new form of licence presented an opportunity to review the licence issuing system as a whole and an examination of whether greater efficiencies could be achieved by a change of approach. The review conducted on behalf of the RSA concluded that, while the existing licensing delivery system has some advantages, the distributed nature of motor tax offices does give rise to variable practices, inefficiencies and an inability to benefit from economies of scale.

The review suggests that for reasons of security, efficiencies and economy of scale the plastic card licence should be produced by an outsourced provider. Apart from other considerations, it would not be economically feasible to site plastic card production facilities at multiple locations. The main recommendation of the review was that a centralised model for dealing with all aspects of the plastic card driver licence should be proceeded with. The advantages flowing from such an approach cover identity features, security, customer service, efficiency and value for money. Having examined the review, I considered various State bodies and concluded that the RSA was best positioned to undertake responsibility for centralised processing and production of driver licences. The authority already holds responsibility for the driver theory test and driver testing. The extension of its functions to include licence processing and production brings a synchronicity to this area and provides the customer with a one-stop-shop approach to driver licensing.

Having set out the background, I want to outline for Senators the major provisions of the Bill. First, I should clarify that while the Bill vests all of the powers and functions in me as Minister, it is my intention to confer these powers on the RSA and this is provided for under section 37.

Part 2 provides the new legislative framework for CVR testing in the State. This Part will cover all aspects of CVR from a regulatory perspective and provides significant powers to various statutory officers to support the reform of the system.

Chapter 1 provides for the making of regulations in relation to the commercial vehicle testing and certificates of roadworthiness. It includes relevant offences for using a vehicle without such a certificate and provides that the person using the vehicle and the owner can be guilty of an offence if not the same person. Under section 7, a member of An Garda Siochána will have the power to demand a certificate of roadworthiness from the driver or the owner of a vehicle within one month of an occasion where the member has reasonable grounds for believing that the CVR vehicle was being used in a public place. There will also be an offence in respect of non-compliance with this requirement.

Chapter 2 contains the most significant provisions in terms of the reform programme. It establishes a new regulatory regime for authorised testers who are responsible for operating the test centres, carrying out the tests and issuing pass statements for CVR vehicles. The Bill provides for replacement of the term "authorised tester" with "CVR test operator". Upon commencement of these provisions, the new regime will apply to existing authorised testers and the necessary transitional provision for this is provided under section 10. Existing authorised testers will be required to apply for a renewal of their authorisation within 18 months of the commencement of section 10. Any application to become an authorised tester, which was being processed but not determined prior to the commencement of this legislation, will also be covered by this section.

The Bill sets out the detailed requirements that will be imposed on persons applying to be CVR test operators. The provisions in this chapter will raise and strengthen the required standards necessary for authorisation. Not only will conditions attaching to the authorisation deal with a number of areas, including categories of vehicles to be tested, the type of tests to be carried out and the requirements in relation to testing centres and testers, it will also provide for other criteria against which an application may be considered. These considerations will include the need for the competent delivery of CVR testing, the need for a well functioning, well maintained, accessible, competitive, integrated and safe network of CVR testing centres as well as the need for appropriate equipment, facilities and premises for testing.

In addition to the above authorisations, section 17 provides for the authorisation of CVR testers. CVR testers are the people who physically carry out the tests on the vehicles at the test centres. This section provides a transitional provision for the testers who are already registered for this purpose and provides that a register of authorised CVR testers may be established and maintained. Similarly, there is a provision under section 29 that the RSA shall establish and maintain a register of CVR test operators and this register will be made available to all, both online and at the headquarters of the authority.

All aspects of authorisation in respect of both CVR test operators and CVR testers will be overhauled by this Bill and the new standards will be enforced by provisions to suspend and revoke authorisations when needed. Sections 18 to 22, inclusive, provide for such suspensions and revocations. Any non-compliance with the standards, conditions or directions prescribed in this legislation will now have serious implications for authorised CVR test operators as well as CVR testers. Provision has also been made for the details of such suspensions or revocations under sections 18 and 19, respectively, to be made available as appropriate on the registers of CVR test operators and testers already mentioned.

Enforcement will be the key to raising the national standard of commercial vehicle roadworthiness. This Bill will allow for greater powers of enforcement through targeted roadside inspections, inspections of commercial operators' premises and CVR test centres. These powers are being channelled through various statutory officers, namely, authorised officers, CVR inspectors and, of course, members of the Garda. Sections 24 and 25 provide for the appointment of authorised officers and the powers of these officers in relation to CVR testing. Authorised officers will have the power, subject to section 26, to enter a CVR testing centre or any other premises where he or she believes CVR tests are being carried out. He or she may inspect the premises, the equipment and the facilities and enter and inspect CVR vehicles. The authorised officer will be able to observe and supervise testing in progress and inspect or remove any documentation, as necessary, relating to the maintenance and testing of vehicles. Authorised officers will have the power to issue directions to a CVR test operator where tests are not being carried out as required. Failure to comply with the requirements or directions prescribed will result in an offence being committed by the CVR test operators. The full extent of the authorised officer remit in relation to CVR testing is clearly set out in section 25.

In Chapter 3, section 31 also provides authorised officers with additional powers in relation to CVR maintenance obligations. The authorised officer will have similar powers to those mentioned already. In this case, the powers will allow the officer to enter any premises where he or she believes CVR vehicles are being kept or information on CVR vehicles is being kept. The section provides that an authorised officer can search premises to locate a vehicle and inspect such vehicles or any equipment being used to maintain the CVR vehicles. He or she can also require an owner or a person in charge to provide any documentation or information related to the maintenance of the vehicle and the officer may inspect, take extracts or copies of such documentation. These extensive powers should provide a truly effective means of ensuring compliance with the standard of testing and the vehicles themselves.

Similarly, significant powers have been provided for CVR inspectors in Chapter 4, which deals with roadside inspections. A CVR inspector will be a member of An Garda Síochána or a person appointed as a CVR inspector under section 33. Section 34 sets out the powers of a CVR inspector and provides that where a CVR inspector is a member of the Garda or is accompanied by a member of the force, 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. Once a vehicle has been stopped by a member of An Garda Síochána, the CVR inspector will also have the power to require the driver to produce a certificate of roadworthiness, seek information that assists in the inspection and drive a vehicle for a reasonable time and distance. The CVR inspector will also have the power to carry out any tests or make any requirements that are deemed reasonable by the inspector for the purposes of inspecting the vehicle. The provisions in relation to CVR inspectors go beyond my brief description. I hope I have given a flavour of the type of powers that will be given to statutory officers for the purposes of enforcement.

Chapter 6 will provide for the conferral of functions related to CVR on the Road Safety Authority. The authority will assume responsibility for the oversight, management and direct control of the CVR function and will be central to implementing a robust testing regime. The proposed overhaul of the CVR system involves the use of a risk register for systematic targeting of non-compliant operators and test centres. Section 39 provides for this system. Currently, most inspections are carried out on a random basis. This largely random approach leads to compliant operators being inconvenienced as much as the non-compliant or higher risk operators. The risk assessment system proposed is intended to be a fair and evidence-based system which will treat each operator consistently based on the information available. Operators who adhere to good practices, hold appropriate records and consistently maintain their vehicles to the required standards will reap the benefits as compliance and enforcement activities are focused to a greater degree on higher risk operators.

The CVR reform programme also includes an integrated information technology system, which will assist the Road Safety Authority in ensuring vehicle testing is carried out to a common standard. This will support intelligence-based enforcement by building up a profile of CVR test operators. The system, which is provided for in section 28, will enable targeting of non-compliant operators and minimise disruption to compliant operators. The information and risk rating systems will be central to developing a modern and internationally recognised system of roadworthiness in Ireland. This Bill will underpin everything that has been envisaged. It is testament to the work that has been done and will continue to be done by all parties in a challenging environment.

Chapter 8 deals with miscellaneous amendments to the Road Traffic Acts, some of which arise from the main provisions in this Bill. These are not substantive amendments and are primarily technical in nature.

Part 3 deals with the transfer of the licensing function from local authorities to the RSA. As stated, we will move to a plastic card licence next year. As part of a review to determine the best means of introducing this new type of licence, a centralised model in respect of driver licensing provision was recommended. This will be vested in the RSA, which will become the licensing authority for the purposes of processing, managing and issuing driver licences.

Section 49 amends section 4 of the Road Safety Authority Act 2006 to provide the RSA with the functions of a licensing authority within the meaning of section 21 of the Road Traffic Act 1961. Sections 50 to 55, inclusive, deal with all necessary amendments to the road traffic and finance Acts to reflect accurately this change in function.

The objective of this Bill is to introduce a reform programme that will improve the roadworthiness and safety of commercial vehicles and to provide for the introduction of a plastic card driving licence with more efficient and effective management arrangements. I hope Senators will support the Bill and that it will pass in the Seanad. I look forward to hearing Senators' views on its provisions.

I welcome the Minister back to the House. I broadly welcome the scope of this Bill. This side of the House has been consistent in supporting the Government's road safety programme, much of which was initiated during Fianna Fáil's term in government under the then Minister, Mr. Noel Dempsey. We see this Bill as another cog in the wheel and, therefore, we welcome it. We have certain quibbles about it, to which I will refer, and we may have one or two amendments, depending on how the Minister responds.

Road safety is paramount for every citizen in the State. There is a hardly a family and certainly not a community that has not been damaged in some way by a road accident or tragedy. The efforts of the current and previous Governments are bearing fruit at this stage. One is very sensitive about quoting statistics because, as we all say, one death is one too many. Targets for reducing the number of deaths are being met consistently and that is most important.

The introduction of penalty points and speed cameras has helped. I noticed in a newspaper some days ago that an eminent judge stated he did not believe penalty points were having an effect because people believed they were something to be worried about in the future. I disagree strongly. From experience, I note that when one gets one's first couple of penalty points, and certainly when one gets a second couple, one definitely becomes more alert and ensures one does get any more. Penalty points have been a very important development.

Speed cameras have certainly reduced speeding on the roads and they work very efficiently. This is because the system is being operated by a company from my own town, Listowel.

I was quite shocked to read some of the statistics for accidents involving commercial vehicles. Up to 20% of all roadside fatalities involve commercial vehicles. At routine roadside checkpoints, 48% of commercial vehicles are found to be defective and 32% are found to be so defective that urgent action is required. This is rather shocking. There are those who do not have the high standards that are generally associated with the Irish Road Haulage Association, most of whose members are upright and responsible. Every driver has anecdotal evidence of lorries that are dirty and whose registration numbers cannot be read. Such lorries do not seem to have tail-lights. Further inspections and accountability are required, and that is why we welcome the Bill.

Drivers of older vehicles, in particular, are culpable. In The Irish Times this week, it is stated the Kerry county coroner, Ms Helen Lucey, has had for the second time to flag a problem she has noticed whereby older lorries with the infamous four-foot blind spot to the front left knock down pedestrians without the driver seeing them. This does not happen with newer vehicles because they must comply with a regulation. The regulation, requiring the fitting of special C5 and C6 mirrors, called cyclops mirrors, is still being phased in for the older vehicles. The Minister needs to address this lacuna, given the fact that people are still being killed.

That there are 30 local authorities and 158 independent testing operations speaks for itself. The system needs to be tidied up a little. Speaking as someone whose background is in local government, I caution the Minister on the question of driving licences, which is the subject of the latter part of my contribution. The power of local authorities is being gradually eroded. Water is being taken from them, as was responsibility for the roads. Licensing is now being removed as well. The Minister stated that this initiative will create a number of jobs, but how many will it cost at local authority level? Are the latter guaranteed under the Croke Park agreement or will people be redeployed?

Standards are inconsistent. This is natural, given the number of testing operations. Communication between the Road Safety Authority, RSA, testing operators, the Garda and local authorities is poor. This leads me to the crux of the matter, one on which I have submitted an amendment. I refer to making data available to interested parties under the Bill. Has this provision been cleared with the Data Protection Commissioner or does the Minister propose to consult him? I will address this issue on Committee Stage.

The Minister mentioned the Garda's limited manpower for carrying out roadside checks. He might correct me if I am wrong, but if I have read the Bill accurately, it seems that commercial vehicle roadworthiness, CVR, inspectors who are not gardaí will need gardaí with them if they are to stop traffic for inspection. This appears counterproductive. Would it not have been better to give CVR inspectors the power to stop vehicles? If there is a reasonable answer, I would like to hear it.

The Bill refers to a transitional period of two years from the old dispensation to the new. Will the Minister explain how this will work in practice? The Bill has a major flaw, in that virtually all of it will require secondary legislation to become effective. No timeframe for this is set out in the Bill. One wonders why. Secondary legislation will be at the Minister's discretion and we wonder what his programme for its introduction will be.

The Irish Road Haulage Association, IRHA, with which I was in contact, has no serious quibble with the Bill. However, it is concerned about who will be brought into the legislation's net. In particular, it is concerned about cowboy operators who have no affiliation with it and who do not have the same level of accountability as its members. The IRHA believes that its members are compliant and are either being inspected regularly or even too frequently while others are getting away. The IRHA has a query about the commercial vehicles used by Musgrave, Spar, etc., which have fleets of lorries. Like ordinary hauliers, will they be subject to one-on-one inspections?

Regarding the new provisions on driving licences, the Bill does not mention much about the fact that it will be a Visa card-type operation. While everyone would be in favour of that, a question must be asked. If a system works, why fix it? Where the local authorities' operation of the driving licence system is concerned, customer satisfaction levels seem high. One hears of few complaints about the way people are treated by their local council offices when the former try to renew their licences.

The IMPACT union is concerned by the proposed job losses and cites the OECD report, which is in favour of more services being provided at local level. Are we going against this idea? We have found that centralisation is not the panacea it is often claimed to be. The jury is still out on the centralisation of medical card applications. Centralisation is not necessarily a good idea. In this respect, perhaps the Minister might favour An Post for the implementation of the licensing regime, as it is in every town and village. Although the Minister for the Environment, Community and Local Government, Deputy Hogan, missed the boat and did not include An Post in the implementation of the household charge, perhaps the Minister, Deputy Varadkar, might be able to use it. The Bill proposes a charge of €45 for the safety levy. Will the charge be capped at that level for a number of years or will it jump to €100 this time next year? We welcome the Bill in general and commend the Minister's efforts on it.

I welcome this Bill and, on behalf of Fine Gael Senators, commend the Minister for his dedication in introducing a range of legislative measures to enhance road safety in Ireland. I will deal with the parts of the Bill pertaining to roadworthiness of commercial vehicles and Senator Brennan will address the issue of driving licences.

Introducing a new road safety measure is never a straightforward matter because it generally involves restricting rights that drivers previously held, imposing additional obligations or, at least, a change to the status quo. However, given the ultimate goal of reducing road fatalities, it is essential that we have a Minister who is willing to grasp the nettle. The Minister, Deputy Varadkar, has shown that he attaches the highest priority to saving lives on our roads. The fruits of a sustained legislative programme aimed at improving road safety are notable in the statistics. To date in 2012, the number of road deaths are significantly below that for the same period in 2011. A total of 46 people died on Irish roads between 1 January and 17 April 2012, which is 13 fewer than the same period in 2011.

Data published recently by the European Commission indicate that Ireland improved its road safety performance in 2011, with road deaths dropping by 13% between 2010 and 2011. As a result Ireland has moved up one place to fifth in the EU's road safety ranking. According to the European Commission, Ireland and Denmark were the only countries in the top six to record reductions in road deaths. However, we must continue to take measures to improve road safety and in this context it is notable that the regulatory impact assessment for the Bill indicates that commercial vehicles are involved in approximately 20% of all road fatalities. This is a startling statistic. Approximately 32% of the commercial vehicles tested at roadside checkpoints in 2011 required immediate action.

I recognise it is callous to put a monetary value on fatalities or injuries because the financial impact can never be compared to the cost of life but we must bear in mind that the CEO of the Road Safety Authority estimates that every road fatality costs approximately €2.5 million. By this calculation the 186 road fatalities which occurred in 2011 cost €465 million.

This Bill contains two major initiatives, namely, reform of the test system for commercial vehicle roadworthiness and the introduction of a new centralised system for issuing driving licences. Reform of the test system for commercial vehicles is necessary. A recent documentary on RTE revealed worrying inconsistencies in vehicle assessment among different NCT centres, with dangerous consequences for road users. Commercial vehicle testing is currently provided by 158 independent operators who are regulated by 30 public bodies. Enforcement and the extent of supervision are not uniform. In a small country like Ireland it is difficult to justify such a variety of test centres and the attendant variation in approaches and outcomes.

With this in mind, the Bill proposes to introduce a single authority to monitor and enforce standards. A single authority is considered the best means of ensuring consistent practices, streamlined procedures, clear communications channels and accountability within the service. The current system is cumbersome with functions and roles divided between a number of agencies, including the Department of Transport, Tourism and Sport, the Road Safety Authority and the city and county councils. Enforcement is a matter for the Garda. Testing is required on both heavy and light goods vehicles but not all centres can carry out tests on both categories.

An analysis of the system carried out by PricewaterhouseCoopers identified additional problems, including inadequate communication between the RSA, local authorities and authorised test centres to ensure technical standards are applied equally in all locations; limited roadside enforcement by the Garda and infrequent multi-agency enforcement measures; possible conflicts of interest due to reliance on the integrity of the various stakeholders in a context where most test centres are garages that also provide other services such as repairs, sales, road haulage and bus services; poor statistical information on testing and pass rates; and no central database to deal with certificate of road worthiness, CRW, validity and expiry dates. National vehicle and driver files are not updated with information from the CRW. Compliance rates are impossible to estimate even though vehicles need a current CRW when applying for motor taxation certificates. The Bill will address these problems by providing that the testing of commercial vehicles will be done through a network of commercial vehicle roadworthiness test operators authorised to operate test centres, carry out tests and issue pass certificates. Vehicles which have received pass statements will be issued with certificates of roadworthiness. CVR vehicles cannot be used in public places without certificates of roadworthiness.

Section 7 of the Bill deals with vehicle certificates. As with the car NCT, a vehicle roadworthiness disc should be provided. There is a loophole in the current system. For example, if a vehicle has to be taxed in January a roadworthiness certificate must be produced. The test would need to be carried out in December. An owner would have the vehicle tested in December and produce the documentation in January to have the vehicle taxed for the following year. Technically that certificate could be submitted again the following December and get the vehicle taxed again. In other words an owner can nearly get away with a year. Commercial vehicles should be required to display a disc so that gardaí or enforcement officers would be able to stop vehicles and verify its certificate is up to date immediately because the drivers of most vehicles do not carry it. I ask the Minister to add this provision to the legislation.

The Minister will regulate for the authorisation of CVR test operators. To be authorised as testers individuals must be suitably qualified and fit and proper persons in the same way as CVR test operators. The Minister may establish a register of CVR testers which could include details of suspensions and revocations from the register. The authorisation to operate as a CVR test operator or CVR tester may be suspended or revoked by the Minister in certain circumstances. This type of regulation is important bearing in mind the documentary programme to which I referred which indicated poor practice for testing cars in some NCT centres. I very much welcome this modernisation of current practices.

I welcome the Bill as part of an overall approach to improving road safety and as part of the process of modernising services and practices. I wish the Minister for Transport, Tourism and Sport well in his ongoing work.

I welcome the Minister and agree with much of what has been said by Senators O'Sullivan and O'Neill. Road deaths have been reduced from a more than 600 annually and Senator O'Neill brought us up to date. However, 13 fatalities a month is still too many and we need to support the Minister as he attempts to reduce that number. This is a good time to consider where we should go next. In 2009 we were 39% more accident prone than the United Kingdom. Great progress was made under the former Ministers, Martin Cullen and Noel Dempsey. The report previously referred to as the Road Accident Facts was correctly renamed the Road Collision Facts because we realised they were not accidents but were caused by people. They indicate the number of fatalities per 1 million vehicles has been reduced from 257 to 97 since 1990, which is a reduction of 62%.

We are addressing here 17 to 18 fatalities — typically one per year in buses and the balance in commercial vehicles. However, it leaves a large part in the safety picture needing to be addressed on which the House should reflect. There are still 146 fatalities of car drivers and we will need to find a way to improve that statistic. Some suggestions are made in the report. There are 40 fatalities among pedestrians, 25 among motor cyclists and seven among pedal cyclists. Those 42 pedestrians, motor cyclists and pedal cyclists are four times more important in number than the ones we are addressing here.

Single vehicle accidents have increased from 30% to 40% of the total according to the Road Collision Facts. Some 92% of these are caused by drivers. I will later reflect on how we might address some of that, but it is a much bigger problem than the one we are considering today.

Table 17 of Road Collision Facts shows that there was not one case where the vehicle was judged by the Garda to be the primary cause. Some 92% of accidents were caused by drivers, 5% by pedestrians and 3% by road conditions. Therefore, while supporting the Minister in what he is doing, I would not expect it to dramatically improve the numbers. We have a lot of other things to do but I will be supporting him as I did when he introduced new drink driving limits. In 2009, there were 238 road fatalities and the figure has come down but many matters remain to be addressed.

References were made to cowboys. In studying Irish transport, I have found that the incumbents always believe that their competitors are cowboys. When they go to the Department they tell that to the Minister. However, one must satisfy one's insurance company and in business customers have to be satisfied. Aer Lingus did the job successfully for years, saying that any other airline would be a fly-by-night outfit. In addition, CIE did it, saying that any other bus company would be useless. Indeed, members of the Irish Road Hauliers Association did it, but the sector was deregulated by Peter Barry and expanded its share of the market to about 72%, with the other 28% being own account.

As was pointed out the last time we discussed this issue, rail freight has declined from about one fifth to under 1% now. This is a good, responsible and professional business and that is noted in the PricewaterhouseCoopers report. It said that it depends on trust and professionalism both by vehicle operators and test centres. They have an acceptable record there. Some 80% of our road safety problem will still require to be addressed because of the other factors I have mentioned: motorists, motorcyclists and cyclists. Goods vehicles accounted for 17% of fatalities while buses accounted for 1% out of 238 road deaths in 2009.

I am worried about the introduction of risk rating, which is a highly inexact science. Are we moving towards a system where we will have three verdicts in Irish law: guilty, not guilty and risk rated? We could be doing serious damage to somebody's bus or truck operation by giving them a high number on risk rating. I do not have that much confidence in the actuarial professional or whoever will be doing this risk rating. It seems to be an imposition on us by the EU but we should have discussed it at that level. We could find ourselves open to large compensation claims by giving somebody the wrong risk rating. In any field of activity — including the Minister's own one, the medical profession — can one, with that degree of precision, attach an anticipation of a result to procedures where there is risk involved? Would one decline to perform an operation on the basis of risk rating? People will say they have their records and have not infringed but under risk rating they will have a number attached to them for which there appears to be no right of appeal but which could be seriously damaging. Perhaps we will discuss that issue tomorrow. It should be evidence-based, rather than by risk rating. I will support the Minister in all cases where it is evidence-based.

Trucks and modern buses can cost a few hundred thousand euro to buy; therefore, there is a lot at stake in this. The Minister may have been told too much about cowboys but the evidence does not support that. The bulk of road accidents are caused outside the sectors we are dealing with today. The Minister may care to review what we have said about risk rating.

I found some sections in the PricewaterhouseCoopers' report strange. On page 17, it awards zero to the present system of enforcement and to management information. They then compile about five other factors with different weightings. A bogus scientific methodology has been used. The system that was rated zero for enforcement carried out 516,000 roadworthiness tests. The management information system that got a zero rating, reported all of those according to a press statement dated 5 April 2012. It seems there was enforcement and it was reported and that PricewaterhouseCoopers erred in giving two zeros. It seems that 94% of operators are satisfied with the system and it is stated in paragraph 171 of the report that it works on the level of trust and professionalism of those involved. We have built up an exceptionally good independent and State-owned bus business and this is also the case in the road freight business. The accident rate has been falling dramatically. It is a case of deciding how to proceed. The high-risk categories are pedestrians, and solutions could include the use of high visibility jackets, educational programmes for pedestrians, and intelligent vehicles which will be able to stop when an obstruction is detected. The Minister will meet other transport Ministers from OECD countries in Leipzig. Ireland has a very high accident rate with more than 92% of accidents occurring on single carriageways. Perhaps a technology could be designed to keep a vehicle on the correct side of the road. High visibility jackets are essential for motorcyclists. There should be speed limits for motorcycles as motorcyclists have a very high propensity for fatal accidents with 25% of motorcyclists more likely to be killed on the road than other road users. I suggest similar speed limits for pedal cyclists. A total of 40% of fatalities occur on Sundays and Mondays with the high concentration of fatalities being between 9 p.m. and 3 a.m. Should the Garda Síochána be on the lookout at those times? This is the time period when not much bus or freight traffic is on the roads and it is when weekend and drink drivers are on the roads. I suggest more Garda patrols to deal with this behaviour would have more dramatic effects on the accident statistics.

I referred on the previous occasion the Minister was in the House to the issue of Border areas and to the high rate of fatalities in Donegal and Cavan. The 2009 figures confirm that it is more than twice as dangerous to drive in County Louth than in County Carlow. Some discussion with the PSNI on how to stop the rate of dangerous driving in Border areas would be desirable. Such driving seems to have moved from the western part of Donegal over to County Louth. The plastic driving licence is a good idea although it is noted that the Oireachtas asked for the report on which this recommendation was based and it was not forthcoming. This report should be supplied because the decision is correct and I have advocated the use of the plastic driving licence. It was not available in the Oireachtas Library.

I welcome the Minister to the House and look forward to further discussion on Committee Stage. This Bill will probably deal with about one fifth of the problem and the task ahead in dealing with the other four fifths of the road safety problem in Ireland will require a further initiative, some of which I have suggested. I assure the Minister of my support in this regard. Bringing the figure down to 13 deaths per month is still far too high. The progress in making Irish roads much safer and bringing the figure down from 600 deaths to under 200 per year must be continued in the interests of everybody.

I welcome the Minister to the House and thank him for bringing this important legislation before us. Like previous speakers, I welcome this Bill. It seems road safety is a theme which is discussed every time the Minister comes to the House and there is always commendable cross-party support which is a delight to behold for a change.

This Bill is designed to reform the testing system for the roadworthiness of commercial vehicles and to transfer responsibility for the issuing of driving licences from local authorities to the Road Safety Authority. This will bring a level of consistency and uniformity which may not have been in place heretofore. The aim of this legislation is to reduce the number of road deaths in Ireland by reducing the number of unsafe commercial vehicles. As outlined in his contribution and as alluded to by Senator O'Sullivan, currently commercial vehicles are involved in nearly one fifth, one in five, of all fatal road accidents in Ireland. This is certainly too high, and any legislation that can reduce this must be welcomed. I know this legislation is just part of the overall road safety strategy, which aims to reduce road deaths to 60 per million of population or 13 per month, as my colleague Senator Barrett said. I do not know whether my maths are correct, but that would equate to about 252 road deaths per year. I take the opportunity to commend the Minister, the Department and the RSA on the continuous reduction we have seen in road deaths. Last year's figure of 168 was the lowest on record. As said by others, however, even one person dead on the road is one person too many. While we can pat ourselves on the back - to an extent - with regard to the figure of 168, I would spare a thought for the many who are seriously injured on the roads, sometimes living the rest of their lives in vegetative states, which is a fate nearly worse than death in some instances.

The report that was commissioned by the RSA and carried out by PricewaterhouseCoopers into commercial vehicle roadworthiness, which was published in 2007, highlights some specific areas that this legislation tackles. The report found that commercial vehicle testing was being provided by 158 independent operators and regulated by 30 bodies. That makes it virtually impossible for uniform testing of commercial vehicles to be carried out. Roadside vehicle inspections in 2010 and 2011 found that near enough to half of the vehicles tested had defects. More worryingly, it was found in these vehicle inspections that almost 40% of commercial vehicles in 2010 and 32% in 2011 had defects that were so serious that they warranted immediate action, including impoundment, repair on-site or a new test. As the Minister outlined in his address, overall responsibility for commercial vehicle road-testing remains with himself as Minister. He also said he intended to confer responsibility for monitoring and enforcement of standards on the RSA, which I welcome. The conferring of those responsibilities on one single authority rather than the local authorities should go some way towards reducing the inconsistencies that may have existed in commercial vehicle testing and increasing the roadworthiness of these vehicles, which will ultimately reduce the number of road accidents involving buses, lorries and so on. The fact that the Bill introduces powers of enforcement that allow for roadside inspection of commercial vehicles is a welcome step that should further improve standards among commercial vehicles by ensuring continuous compliance. Improved enforcement of inspections of test centres that carry out the commercial vehicle roadworthiness, CVR, test should also help to improve the roadworthiness of commercial vehicles.

I note that the reform programme will be financed by the road safety levy, as mentioned by previous speakers, which the Minister said would be collected as part of the test fee. Apparently he said this morning that the fee would be €45. I ask the Minister to take into account the rising costs of petrol and diesel when considering whether the fee will be capped at this amount. Haulage companies are facing massive fuel costs, which are affecting their fleets. They are having a tough time. The owner of a haulage company that was featured on a local radio station in Limerick last Wednesday said he had been unable to update his vehicles in recent months because of the prohibitive cost of fuel. He did not seem to have the money to get his fleet up to scratch.

The Bill also refers to driving licences. Under the EU driver licensing directive 2006/126/EC, all member states are required to introduce plastic card driver licences. This is something that was welcomed the last time the Minister was in the House. Based on the external review that was carried out into the issuing of licences, it makes sense that one organisation be given responsibility for issuing licences.

Given that the Road Safety Authority has responsibility for theory tests and driver testing it is a natural progression that it would issue driver licences. As stated by other speakers, when it comes to one body taking control of a function exercised by local authorities there can be a mess as happened with the issuing of medical cards. I ask those concerned to bear that in mind and ensure the authority is sufficiently staffed.

I thank the Minister for coming to the House and bringing his unification skills with him.

Like a number of his colleagues, the Minister is a regular and welcome visitor to the House. When important legislation is introduced in the House I hope that will be a continuing feature of his mandate. When legislation comes before the House initially it is an opportunity for reasoned debate in a less adversarial atmosphere than the other House and allows the Government to tease out possible flaws that could be improved. I am stating the obvious but, as my colleague, Senator O'Sullivan has indicated, we welcome the overall thrust of the Bill. There are some who would say, we would, considering that the base and the bones of the legislation were initiated under the previous Government following the review, the recommendations of which were accepted by the Minister's predecessor, the former Minister Noel Dempsey. In that context there are a number of issues, some of which have been raised, which will continue to be raised in the debate.

An issue I wish to focus on is the centralisation of the driver licence system. One of the main recommendations of the review committee was that the system should be centralised primarily because it would introduce greater efficiency into the service. I would argue that the recommendations came at a different time. Perhaps the amount of largesse floating around the economy at the time may not necessarily have focused local authorities on introducing the type of efficiencies that have been introduced as a result of the recession; in other words, I suggest local authorities are lean bodies because they have had no choice as the central block funding has been reduced and its revenue raising powers are limited. Depending on the local authority with which one is involved, there have been significant reductions in staff numbers, reallocation of duties and greater efficiencies have had to be introduced. Since the drawing up of the report and acceptance of the recommendations go back to 2007, I argue that five years on we are in a different world. For that reason I do not agree that greater efficiencies will be introduced to the system by centralising the driver licence system. The Minister will be aware that IMPACT which represents many of those involved has referred to staff issues and the loss of functions in local authorities. I am grateful to the Library and Research Service for proving the information. It makes the point 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 the delivery of public services.

I am grateful to the Oireachtas Library and Research service for providing this information:

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 the delivery of public services. The current service also enjoys a very high rate of customer satisfaction. This proposal runs a very serious risk of further eroding local services in the wake of ill-considered decisions about public bin collections and concerns about the future control of water services.

In responding to a parliamentary question on the possible role of An Post, the Minister in reply referred to the fact that the work involved, that is, centralisation, would involve three main aspects, namely, card production, front office engagement with the customer and back office processing of applications, and stated that all three functions would be operated under contract. This begs the question, "If it ain't broke, why fix it?" Is the Minister sufficiently confident that the centralisation of this service will result in the type of efficiencies that might have been envisaged five or six years ago when the report provided the detail it did, in light of all that has happened since? I leave that question hanging because essentially we have been presented with a fait accompli and the Minister will go ahead with it in any case.

It also begs another question. The Minister's Cabinet colleague, the Minister for the Environment, Community and Local Government, Deputy Hogan, who, like the Minister, Deputy Varadkar, is a very regular and welcome visitor to this House, has repeatedly assured the House that in the overall structure of local government reform he will ensure there will be an enhanced role for local authorities which will be given greater power, not less, and that many of the revenue raising initiatives that were part and parcel of the rates system which was essentially the bedrock of the local authority system's revenue collection environment and which Fianna Fáil abolished. There is no question about that although at the time — I do not want to go back on old history — the manifestos from Fine Gael and, I believe, the Labour Party, stated they would introduce a 50% demolition followed by full abolition. There was a climate of abolition at the time, rather than one of looking for alternatives. However, we are where we are, according to that awful phrase and now this Government is attempting to roll back that 40-year history, on which I compliment it. That is the reason I focus so much on this question of local democracy. I do not know how it will work out in practice but we must wait and see.

There are two other issues I wish to raise. The test centres will go to contract and it is stated that during a transition period of two years the existing test centres will continue to operate, after which there will be some new form of overview or monitoring of the new tendered centres. One assumes the existing test centres will be allowed to tender under the new regime and the chances are that in large part those that operate under the present regime will probably remain. There is a positive there in that if there were to be a significant change there might be potential job losses. I am sure the Minister will reassure the House that he does not anticipate there will be many, or any, job losses in the test centres.

The final point I wish to raise with the Minister relates to the driving licence issue. There is reference in the Bill to drivers aged over 70 years who require a fitness certificate from a doctor and who can apply for three-year licences. The Minister may have read in recent media reports — one case in particular was mentioned in the letters to the editor page of either The Irish Times or the Irish Independent— that certain insurance companies are refusing to provide car insurance for drivers over 70 in spite of the fact that they have a fitness to drive certificate from their doctor. I do not know whether this issue has come across the Minister’s desk. If it is only anecdotal, that is fine but might there be there some kind of trend because of consolidation of the entire insurance industry and the reduction of risk? The question raised by the letter writer was to the effect that surely there was a far greater risk in the case of a younger person and that is the reason insurance is heavily weighted against younger people. This individual stated he had more than 40 years’ driving experience free of any injury or accident, is operating on a full loading of his no claims bonus and yet has been turned down for insurance. I am sure there are many like him. I raise this in the wider context that it may be something the Minister’s Department would look at to see if this practice is widespread within the insurance industry. Are companies effectively refusing to cover drivers over 70 years of age who can provide a fitness to drive certificate from their local GP, as required by law?

Overall, I reiterate that we welcome the broad thrust of the Bill and wish the Minister continued success in his areas of responsibility.

Ar dtús, ba mhaith liom fáilte ar ais a chur roimh an Aire go dtí an Seanad. The second major provision in the Bill concerns the introduction of a new centralised system for the issuing of driving licences. The current system is cumbersome and multi-layered and involves local authorities in the processing of applications and delivering licences, although the budget is under the Department of the Environment, Community and Local Government.

The Minister's Department has responsibility for policy oversight and the driver licence database, while operational oversight at national level and certain elements of policy guidance rests with the Road Safety Authority. The EU licensing directive of 2006 requires all member states to introduce a plastic card driver licence in January 2013. This is an opportunity for modernisation of our current system for reasons of efficiency and security. A cohesive approach to these matters across the European Union is necessary to give the fullest effect to the free movement of goods and people. Under the Bill there will be a new centralised model for dealing with all aspects of the plastic driver licence. The Road Safety Authority already holds responsibility for the driver theory test and for driver testing. It will now deal also with the licence processing and production and will provide the customer with a one-stop shop approach to driver licensing. I welcome this move to modernise and streamline our licensing system. As well as benefiting the drivers of commercial vehicles, the new licensing measures will help ordinary members of the public, in particular those who require their Irish licences in renting cars abroad.

It has been estimated that 208 full-time equivalent staff in motor taxation departments are involved in dealing with driver licences across the country. I understand processing with the centralised model will have implications for staff numbers and the new arrangement will require considerably fewer staff to operate it. 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. I should state I have been approached by the IMPACT trade union which is concerned about the reduction of staff at local authority levels. Staff members of my local authority in County Louth have approached me to ask if there will be any staff reduction.

A person will receive a unique identifier when applying for a theory test which will follow him or her through all aspects of the licensing process. This idea is to be applauded and is welcome. An application for a learner driver permit 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. This unit will be set up to process applications and deal with day-to-day customer service queries.

I am a believer. Each one of us has a part to play in reducing the number of fatal and serious accidents on roads throughout the country. We must all examine our consciences and mend our ways. I recall a recent visit to the United States where I noted that stop and yield signs are adhered to strictly. Over seven or eight days I stopped at the same signs even though it was clearly visible there was nobody coming from any side, north, south, east or west. Nevertheless, all vehicles came to a stop. As citizens and drivers, we must mend our ways, drive within the limits and read signs.

I understand the licence fee will meet the operating cost of the service. Perhaps the Minister will say a few words on this point. I commend the Bill to the House and congratulate the Minister on his achievements to date.

I welcome the Minister to the House. I start on a positive note because while road safety is a political and policy issue, it is not a party political one. The penalty points structure started under the previous Administration and a genuine effort was made under previous Governments to ensure road safety received the priority it needed to reach the relatively good position we are in. My colleague, Senator Pat O'Neill, outlined in detail what has been achieved. I commend the Minister for following on strongly and diligently bringing forward a series of measures, including this necessary Bill. As a result of a report, consultants were hired by the Road Safety Authority and made certain recommendations. Too often, we have seen consultants hired at great expense and recommendations made in our political system. Often, the recommendations are not implemented but, in this case, it is being done.

I acknowledge that much of this is as a result of guidelines from the European Union. We need a greater pan-European approach to road safety. We must ensure that what is good in Ireland also applies abroad. When people come from abroad, the set of standards implemented here and respected by road users must also be respected by those who visit. Visitors to a country must abide by the country's rules and when we go abroad, as good citizens we abide by the rules, as described by Senator Brennan with regard to stop signs in the USA.

When it comes to road safety, one can never over-regulate. The commercial roadworthiness system proposed in this Bill is appropriate. The streamlining of services under the auspices of the Road Safety Authority is appropriate and will save money. It abides by the terms of the Croke Park agreement, where redeployment is required. It is proper and appropriate that the licensing systems come under one body, as opposed to a myriad of councils and local authorities. We must introduce the necessary regulations to ensure our roads are the safest in the world, not just in Europe. This legislation is a step in the right direction but many more must be taken as the Minister identifies other high-risk areas. In the lifetime of this and subsequent Governments, the Minister will come to the House with proposals to make our roads safer. If legislation saves one life, it has done a good job.

It is noticeable in recent months that automated speed cameras, located where there are no Garda personnel, have an effect. I can see it in County Clare, where speeding has evaporated in certain areas. People are consciously slowing down because they know cameras are more likely to be there. Prevention is better than cure and the more speed cameras rolled out in dangerous areas, the better. This move must be welcomed.

Streamlining licences is correct and should be done under the auspices of the Road Safety Authority because that means everything is being done to ensure our citizens are safe on the road. I agree with previous speakers who pointed out that every citizen has responsibility for road safety, including pedestrians. When it comes to road safety, everyone with a brain has responsibility. We should have compulsory road safety education in secondary schools and compulsory driving lessons as part of the transition year curriculum. This may be happening already but, if not, it should happen. The necessary structures should be put in place to ensure it happens. Interdepartmental groups should be set up between the Department of Education and Skills and the Department of Children and Youth Affairs. Each driving lesson will have an effect on every teenager. We need to change the culture among young people and the best way is through the schools.

There are many worthwhile suggestions and the Minister has access to the expertise in his Department and in the Road Safety Authority to decide which suggestions are realistic and will achieve results. That is why he is the Minister and makes recommendations to us. I commend the Bill to the House as part of a myriad of effects. Each element is as important as the next to ensure cultural and behavioural changes and, ultimately, to save lives.

This is the first opportunity I have had as Acting Chairman to welcome the Minister to the House. I wish him well in his ministry.

I thank Senators for their constructive remarks. Senator O'Sullivan alluded to the progress made in making Ireland a much safer place in which to be a driver, pedestrian or cyclist. The year 2011 was the safest year on Irish roads and, so far, 2012 is safer again. This makes us the fifth safest country in Europe but there remains quite a gap between where we are and the best two or three countries. Senator O'Sullivan referred to the former Minister, Noel Dempsey, and I am happy to be building on the work he did. The previous Government received opprobrium for making many mistakes but it also did many good things and transport, and particularly road safety, was one of the areas in which progress was made. I was pleased that Noel Dempsey attended the road safety conference on Monday morning and is still taking in interest in the area. There has also been an all-party approach and we would not have made the progress without the co-operation of the Garda Síochána, the RSA, local authorities, the NRA, the campaign groups that helped to build public support for these measures and the officials of the Department, in particular, who are dedicated to this cause.

Senators Brennan and Mooney, among others, referred to the power of local authorities. When it comes to licences, local authorities have no power and fulfil an administrative function. Under the new system, we will be able to reduce the number of people producing licences from 200 to 60 and move a loss-making arrangement, which costs local authorities money, to one that will be slightly profitable for the RSA. It would not be practical to do this at a local level because we are moving to a plastic card licence. It is one thing to have 30 laminating machines around the country but another to produce credit card type licences in 30 locations. Even if we wanted to, it is not practical to keep it at local authority level. That is not to say that what is happening here is the same as what happened with medical cards. It is quite different because there must still be a front of office service. I anticipate local authorities will continue to do this for quite a period of time until it goes to tender. There are a number of options when it does go to tender: local authorities could continue to provide front of house service; An Post could do it if it wished to tender for it and I encourage it to do so; the Department of Social Protection may want to do it; or it could be done in the NCT test centres or driver test centres. The old era of producing a small photograph obtained from a booth outside Tesco is ending and in the coming years we will all have a standard official photograph to be used on social welfare cards and driver licences. This change will occur but it is something for the Minister for Social Protection to develop.

With regard to CVR, the staff have already transferred to the RSA. Senators mentioned approaches from IMPACT. As this relates to local authority staff this engagement is not happening with me or the RSA, it is with county managers and the Department of the Environment, Community and Local Government because they are the employers. Staff members are dealt with under the Croke Park agreement so there is no question of compulsory redundancies. In some cases there will be redeployment to the RSA, in particular in the north west. In other cases staff can be redeployed to other council activities which I consider to be a good development. As Senator Mooney pointed out, the number of staff in local authorities has reduced dramatically, more so than in most parts of the public sector. Local authorities are down almost one third in some cases and things are getting very tight. The fact we can now redeploy up to 140 people from laminating and processing licences to other council activities can be seen as a positive step.

Senator O'Sullivan asked whether CVR inspectors would be allowed to stop traffic. They will not. Only gardaí are allowed to stop traffic. We considered it but we thought it would be quite a big move to allow people who are not gardaí to stop traffic. Concerns were raised about their safety as they are not trained gardaí and with regard to public confidence. The public will accept being flagged down and stopped by gardaí but I am not sure whether members of the public would accept this power being given to other officials. It is not in the Bill but it was considered.

The Bill does not apply only to own account operators; it applies to all HGVs and trailers both own account and hire and reward.

Senator O'Neill raised the idea of requiring people to display their certificate of roadworthiness testing on the windscreen. It is a good idea and the Department will consider it and revert to the Senator when we have done so. It is currently a big sheet and would have to be reduced in size to a square shape. Perhaps it is possible to do so.

Senator Barrett stated the measures we are introducing will not dramatically decrease the number of deaths on the roads. He is correct. It accounts for less than one fifth of the problem. However, it will make less likely major tragic incidents such as the Kentstown bus crash. The Bill originated with that crash. Even though they may not show up in annual statistics because thankfully such incidents do not occur every year, they do happen every couple of years. It would be very good to have fewer such tragedies. Other measures are also planned. New penalty points offences will be activated later in the year and we are considering increasing the number of penalty points for those areas of behaviour which are most dangerous, such as speeding and driving while using a mobile phone, and decreasing them for behaviour which is not so dangerous. One receives five points for not having an NCT and only two for driving at a ridiculous speed or overtaking dangerously. This review is ongoing and the report will go to committee quite soon.

Towards the end of the year I hope to publish legislation to introduce preliminary roadside testing for people who may be under the influence of drugs. This legislation is advanced and we should be able to do so by the end of the year. I also intend to introduce the graduated penalty points system for younger drivers. Senators may have heard at the conference on Monday that we have begun to think about the next road safety strategy which will run from 2013 to 2020 and the type of new measures that could be introduced. These will involve such issues as driver education for repeat offenders and fitting on certain cars alcolocks and devices which can monitor speed and how cars turn a corner. This would be with regard to repeat offenders. In some cases driver education may be offered as an alternative to penalty points. All of these measures are under consideration.

Senator Conway mentioned schools. Road safety officers visit schools and do a very good job. Together with the Department of Education and Skills we will probably be able to get across the line a special road safety module in the new junior certificate. The new junior certificate syllabus will contain a number of core subjects and a number of optional 100-hour modules among which we propose to include road safety. I believe it would be very popular and would be taken up by junior certificate students, particularly if they could do the theory test as part of it. It is something the Minister, Deputy Quinn, and I are very much in favour.

I share Senator Barrett's concerns with regard to risk rating or profiling. It is like being profiled going through an airport. One might be stopped a little more often because one looks a little darker than the next person. It always occurs to people who may potentially be profiled in various circumstances. However, there is good evidence that it makes sense to concentrate enforcement efforts on those most likely to be rogue operators rather than interrupting the business of those least likely to offend. However, I share the Senator's concerns and I agree that whatever system is used it must be evidence-based. There can be a degree of dodgy science in some of this.

Senator Heffernan mentioned the phenomenal pressure of fuel costs on hauliers. The industry is really struggling because of high fuel costs and other high costs. The road safety levy will be €45. It is not capped in the legislation but I do not propose to increase it in the initial years. I will see how the system works without increasing it. The Senator summarised the Bill as bringing consistency and uniformity to commercial vehicle roadworthiness testing, and this is absolutely right and summarises it very well.

Senator Mooney mentioned the test centres. The existing test centres will continue to operate for two years after which they can apply, but obviously they will have to be up to scratch. They will have a two-year period in which to get up to scratch.

I do not know about the issue of drivers aged over 70 not getting insurance. It has not come across my desk. Insurance falls as much in the remit of the Department of Jobs, Enterprise and Innovation as mine but I believe there is a mechanism by which the industry collectively must offer insurance to people who are refused. Perhaps I am wrong but I can check up on it.

I take the opportunity to thank Senators for considering the issues contained in the Bill. I am very encouraged by the responses I have heard today. I am always appreciative of the contribution made to legislation by the Seanad. I look forward to debating the detail of the Bill on Committee Stage tomorrow.

Question put and agreed to.

When is it proposed to take Committee Stage?

Committee Stage ordered for Thursday, 19 April 2012.
Sitting suspended at 5.30 p.m. and resumed at 5.45 p.m.
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