I propose to take Questions Nos. 199 and 200 together.
The purpose of the annual roadworthiness test is to assess the roadworthiness condition of a commercial vehicle on the day of the test.
However, a vehicle must be roadworthy at all times when being used on a public road and not just on the day of the annual test. Maintaining a commercial vehicle in a safe and roadworthy condition over its lifetime requires on-going inspection and maintenance and, since September 2013, all commercial vehicle operators, including school bus operators, are required to have maintenance systems in place. The relevant regulations in this regard are the Road Safety Authority (Commercial Vehicle Roadworthiness)(Vehicle Maintenance and Repair) Regulations 2013 (SI 348 of 2013).
Under these regulations, the owner of a commercial vehicle is responsible for determining the frequency of inspections and maintenance of vehicles having regard to a number of factors including the condition of the vehicle, mileage, the use of the vehicle and manufacturers guidelines.
These new obligations were introduced as part of the Commercial Vehicle Roadworthiness Reform Programme which had its inception in the Kentstown and Clara bus accidents in which a number of school children tragically lost their lives. The Reform Programme has introduced major changes in the areas of vehicle testing, operator obligations and roadside enforcement which are intended to bring about a step change in the roadworthiness of commercial vehicles.
There are many excellent school bus operators providing services and I commend them for their commitment to the safe transport of our children. However, it is of concern to me that, of the 750 school buses inspected by RSA Vehicle Inspectors at roadside inspections in the last six months, the RSA detected that over 50% were found to have defects with 25% of these defects being serious or very serious. Furthermore, I understand from the RSA that almost 30% of the school bus vehicles which were tested between 1st November 2013 and 31st October 2014 failed the annual roadworthiness test. Worryingly, 8 of these school bus vehicles were so defective that they were issued with a Fail Dangerous notice at the time of the test.
From an enforcement perspective, there has been, and will continue to be, a particular focus on school buses for the foreseeable future by the RSA and An Garda Síochána.
