Dáil Éireann Debate, Wednesday - 22 June 2005
26 Mr. Crowe asked the Minister for Transport if he is satisfied that the best practices in terms of ensuring passenger and driver safety are being followed on public transport buses; if he has had any communications on this issue; and if he will make a statement on the matter. [21477/05]
View answerAn extensive range of requirements must be satisfied to use a bus in a public place. In this regard all buses are required to comply with statutory requirements for the construction, equipment and use of vehicles as set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004, and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996.
Safety standards applied under these regulations relate, inter alia, to maximum passenger accommodation including the circumstances where standing passengers may be carried, maximum dimensions, overall vehicle weight and axle weight limits and the fitment of speed limiters. Notwithstanding the general speed limits that apply to vehicles, single deck buses are subject to a maximum speed limit of 80 km/h with double deck buses subject to a maximum speed of 65 km/h. Buses over one year old are liable to annual roadworthiness testing in accordance with the European Communities (Vehicle Testing) Regulations 2004.
In order for a private bus operator to operate a passenger road service, the operator must hold a passenger licence issued by my Department in accordance with the Road Transport Act 1932. One of the requirements to be satisfied for such a licence is that each bus to be used on the proposed route is licensed as a large public service vehicle in accordance with the Road Traffic (Public Service Vehicles) Regulations 1963 to 2002.
Tachograph recording equipment in passenger vehicles comes under Council Regulations (EEC) Nos. 3820/85 and 3821/85 and Statutory Instruments Nos. 392 and 393 of 1986. These regulations are enforced in respect of buses with a seating capacity of more than 17 persons, including the driver. Tachograph record sheets are used daily by the driver and these record the hours driven, breaks and rest periods.
The basic rules provide that after four and a half hours driving, a driver must take a break of at least 45 minutes; a daily driving period shall not exceed nine hours, but may be extended twice in any one week to a maximum of ten hours; in each period of 24 hours, a driver must have a daily rest period of at least 11 consecutive hours; and after six days driving a driver must observe a weekly rest period of 45 hours.
The tachograph record sheets are inspected on a regular basis by inspectors from my Department. The enforcement occurs at the premises of operators and at roadside checks. Both operators and drivers have a responsibility to ensure compliance with the regulations and both are prosecuted in the case of non-compliance on drivers hours.
Additional information not given on the floor of the House.
All other passenger vehicles that do not come within the scope of the above regulations are covered by section 114 of the Road Traffic Act 1961 and Article 15 of the Road Traffic (Public Service Vehicles) Regulations 1963 applies also.
These regulations are enforced by the gardaí and provide that a driver shall observe a break of 30 minutes after five and a half hours driving; a driving time of 11 hours and a rest period of ten hours must be observed in each period of 24 hours; and, in accordance with the regulations of 1963, a driver shall observe a weekly rest period of 24 hours after each period of seven days driving.
Bus Éireann and Bus Átha Cliath have confirmed to my Department that they comply fully with all relevant legislation concerning drivers, vehicles and health and safety.
As with all matters of public importance, my Department receives correspondence concerning these issues from time to time. I am, however, satisfied that the aforementioned regulations and controls provide a framework for a safe, convenient and comfortable bus transport system both for passengers and drivers.
The Minister is aware that there have been a number of high profile accidents recently and no doubt we will receive a report on them in due course. Is anyone in the Minister's Department carrying out an overview of these accidents and what caused them? Is the Minister aware that some Dublin Bus drivers are regularly clocking up to 90 hours plus per week? Others have medical certificates stating that they are unfit for driving work, yet they are being pressurised daily to undertake such work. Does the Minister have any view on this matter? Is he satisfied that cost-cutting, particularly on bus maintenance, is not endangering passenger and driver safety? How often do health and safety officers call to maintenance depots and is prior notice given before their arrival?
Concerns have been expressed about the use of substandard seats on Dublin Bus vehicles, which have caused serious back injuries to many drivers and miscarriages for pregnant women, fuel fumes in the lower decks of buses and faulty brakes prompting drivers' fears of brakes going on fire. Is the Minister aware of any of these issues? I have received correspondence about these matters and I understand that similar letters have also been sent to Ministers and other Deputies. We never hear the Government's view on these issues, however.
An overall investigation is needed into public transport safety. During the summer recess the Minister's Department should investigate this whole area, including the concerns I have raised. Perhaps answers could be provided not only to me but also to the Joint Committee on Transport.
There is growing concern among drivers about the pressure under which they are working. I am not sure if this matter comes within the Minister's remit, but it affects drivers and their passengers. Will the Minister bring together a number of people to investigate these matters? The request is a reasonable one given that a number of serious accidents have occurred recently involving buses.
I have no knowledge, and no information has been presented to me, that Dublin Bus, Bus Éireann or any other State companies are breaking the law on a daily basis, as the Deputy has suggested. If that were the case, it would be a matter of the most serious gravity. If the Deputy has evidence of this wanton law-breaking, as he has suggested, by State companies and those who work for them, he should present the evidence either to the Garda Síochána or to me, and I will pass it on to the Department. My understanding is, however, that Dublin Bus and Bus Éireann, the two State bus companies, operate at all times under the strict letter of the law. It has never been suggested to me, either in writing or orally, as the Deputy has done, that anything other than the highest standards are applied by those companies.
We are all concerned with recent tragedies that have occurred in the public transport area. We all await the outcome of those reports which are compiled by the Garda Síochána and others, not by my Department.
The accusations the Deputy has levied in the House are extremely serious for the employees of the companies, whom he has accused of being complicit in law breaking, and equally from the viewpoint of management which, the Deputy claimed, has exerted undue influence on workers to encourage them to break the law. These are extremely serous charges and the Deputy should present the evidence to me or to the Garda Síochána.
Is the Minister saying that he has not received correspondence from drivers about this? My information is that letters were sent to the Department, although it may have been before the Minister's appointment. The letters were sent, however, and I am told that other Deputies received similar correspondence.
The Minister has not answered the question about substandard seats for drivers on Dublin Bus causing serious back injuries. The Minister does not appear to be aware of that problem, the dangers of miscarriage for pregnant women or fuel fumes on the lower decks of buses. Has the Minister been on a bus and smelt such fumes? Is he aware of faulty brakes or drivers' fears of brakes going on fire? Is the Minister aware of any of these matters or is he in the dark, as was the kitchen downstairs earlier?
I am making a simple request arising from my concerns and those of the drivers involved. This is a priority question and perhaps other Deputies received the same correspondence that I did. I am concerned because I think there is a tragedy waiting to happen. I will pass on the information that I have been given to the Minister. If he suggests it should also be furnished to the Garda Síochána, I will do that as well. My understanding is, however, that when drivers produce letters from their general practitioners stating that they are unfit to drive buses, pressure is put on them to drive on those routes. That is second-hand information but it has been furnished to me. It is a serious accusation but I felt it was important to raise it here as I have been given that information.
I reiterate that I would be deeply concerned if such practices occurred in any State companies, as I am sure all of us would be. I would like to see evidence of such practices, however. That needs to be established. The day-to-day operation of the companies is a matter for the companies themselves. As Minister, I do not have a role in interfering with the daily operation of any of the companies concerned, and rightly so, nor would any Minister under whose remit State agencies operate. Such bodies are legally given that independence of operation and they should be allowed to get on with the job.
I would be interested to receive whatever the Deputy has to send to me. I cannot personally recall receiving in writing any of the accusations to which the Deputy referred, but I will certainly check in my office whether such information was sent directly to me.
