I move amendment No. 132:
In page 33, subsection (4), line 23, to delete paragraph (a).
This amendment relates to cyclists. Section 41 (4) (a) of the Bill states: "pedestrians and pedal cyclists shall not use a motorway". That is a blanket provision. Will people be banned from walking across or any movement on a motorway? Perhaps the Minister would propose an improvement of that wording. It is not practical and I propose its deletion.
In anticipation of the Minister's reply, we do not have, and we are unlikely to have, long stretches of motorway in this country. The requirement laid down in other countries that pedestrians and cyclists do not use motorways is unnecessary here. Our motorways are simply by-passes and to exclude pedestrains and cyclists from them is unnecessary. That prohibition should be removed.
The banning of pedal cyclists from motorways perturbs me. I will just give a case which the Minister might consider. We are trying to promote cycling in County Kerry to attract a certain type of tourist, but if a person wished to cycle from Dublin to Limerick or Kerry, passing through County Kildare would he be allowed cycle on the motorway or what route would he take?
Obviously Deputy McEllistrim does not want the tourists to stop in Kildare — the by-pass to which he referred is the Naas by-pass. In relation to the provision that pedestrians shall not use a motorway, on the Naas by-pass there is a big sign stating "No hitch-hiking", but most weekends, particularly bank holiday weekends, there are numerous hitch-hikers to be seen, even on the motorway. While the sign is evident, it is not observed by hitch-hikers and I do not know if action has been taken against any of these people.
Motorways are specially designed to carry heavy traffic volumes at relatively high speeds and with maximum safety. A motorway has two essential characteristics: its use is limited to vehicular traffic of specified classes and access to it is prohibited except at grade separated junctions or interchanges which segregate traffic travelling on the motorway and traffic crossing it. That covers the points raised by Deputy Ivan Yates. In the interests of safety it is explicit in the legislation that pedestrians and pedal cyclists are prohibited from using motorways — this is in line with international practice. The result of accepting the amendment would be to put more lives in danger on our roads and to reduce the capacity of the motorways we are building. The paragraph the Deputy proposes to delete is already the law of the land under the Local Government (Roads and Motorways) Act, 1974, and this new provision simply re-enacts it.
On the question of motorways and where they will be built — Dublin to Kinnegad, Dublin to the Border and Naas to Portlaoise — we still have to cater for the learner driver, motorcyclists and ordinary cyclists on the normal routes. It is not a question of these people not being able to travel between two points just because they do not have access to the motorway facilities.
Did the Minister say that motorcycles are debarred?
Models of less than 50 cc are debarred.
Subsection (4) (b) states, "Persons in charge of, or having control over, animals shall not permit them to be on a motorway". Will the Authority be required to construct tunnels for the movement of cattle in the event of a farm being divided as a result of a motorway passing through it? The farmer must be facilitated in moving his cattle from one side of the road to the other and the safest way of doing so is through tunnels. I have heard that there is a reluctance to cooperate with or make this facility available to farmers. Farmers should not be deprived of the use of land because of the construction of a major motorway.
It is standard practice to make provisions of that kind. Very often there is failure to differentiate between work on motorways and normal improvement work on national primary routes. There would not be much sense in limiting vehicular, pedestrian and cyclist traffic on motorways if animals from adjoining land are allowed onto the road. The whole idea is to provide for a different access point to the land, whether by means of tunnel or whatever, but access points must be restricted to an absolute minimum on these routes.
A person may be prosecuted for driving animals on a motorway, but animals may break out onto a motorway, even where fences are erected properly. I presume that a farmer driving such animals off the motorway cannot be prosecuted. I would like the Minister's views on that.
As far as I know there is a significant difference between what we know as normal trespass, where cattle get onto roads through fences, and cattle straying onto motorways. In the case of motorways local authorities are responsible for fencing and the type of fencing provided should be adequate to ensure that animals do not break out. With due regard to my colleagues in the farming community, I cannot give a commitment that each local authority will provide fencing that no animal will break through.
If the animals are on the motorway will the farmer have to call the county council to drive them off?
The Deputy representing the Dún Laoghaire-Rathdown constituency will have to spend longer periods in Kerry to answer that question.
I know a few things about cattle.
This is an urban problem also.
I should have clarified a matter with regard to emergencies. Anybody is permitted onto the motorway in an emergency.
I would point to the difficulty experienced by cyclists. There are active cycling groups in Wicklow, particularly in the Bray area. Many road races take place in that area, mostly on the N11. Every day of the week young people are to be seen cycling from Bray to Wicklow and beyond. As many as 50 or 60 cyclists may take part in races. These young people are encouraged by the success of our international cyclists — indeed some of them have contributed to the sport of road racing at international level. In a Bill such as this rules and guidelines for promoters of the sport should be considered. Cycling is a very popular sport, particularly in County Wicklow, and there are no rules governing it other than the normal courtesy rules.
How many miles of motorway are there at the moment?
Thirty two kilometres. To answer Deputy Kavanagh, under section 70 we are providing new powers in relation to the ultimate management of all events vis-�-vis racing, etc. We can deal with the matter when discussing that section if Deputy Kavanagh has problems with it.
I move amendment No. 133:
In page 33, between lines 29 and 30, to insert the following subsection:
"(6) A reference in any enactment or instrument to a motorway shall be deemed to be a reference to a motorway as defined in this Act.".
