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Dáil Éireann díospóireacht -
Wednesday, 2 May 2012

Vol. 764 No. 1

Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012 [Seanad]: Second Stage (Resumed)

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

I understand Deputy Regina Doherty is sharing time with Deputies Peter Fitzpatrick and Tony McLoughlin.

I welcome the opportunity to contribute to the debate on the Bill which represents a major step forward in the reform of the commercial vehicle roadworthiness systems. The Bill was drafted to take account of the key recommendations arising from the review of the tragic bus crashes at Kentstown, County Meath in my constituency and Clara, County Offaly, in which a total of six children lost their lives. Approximately one in five fatal collisions involves a commercial vehicle, but the existing roadworthiness testing systems for such vehicles have remained largely unchanged since 1982.

The Bill which is sponsored by the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, is one part of a wide-ranging programme of reform relating to commercial vehicle roadworthiness systems and reflects best international practice. The enactment of the legislation will facilitate the transfer of local authorities' functions in respect of the roadworthiness testing of commercial vehicles, namely, light and heavy goods vehicles and buses, to the Road Safety Authority. The Bill will als reforms the way commercial vehicle roadworthiness testing centres and authorised testers are licensed, in addition to providing greater powers of enforcement through targeted roadside inspections and inspections of commercial operators' premises.

The reform programme will drive a step change in the roadworthiness standards relating to commercial vehicles operating on Ireland's roads. It will save lives and prevent injuries by reducing the number of accidents involving commercial vehicles on the roads. The key benefits of the programme include: reducing congestion and other economic costs to the State; creating a level playing field for Ireland's operators through targeting those who choose not to maintain their fleets in a roadworthy condition; enhancing testing and the testing efficiency of Ireland's network of commercial vehicle and ADR test centres, at which the roadworthiness of vehicles carrying dangerous goods is tested; and ensuring greater compliance in commercial vehicle annual testing.

The legislation will provide a legal basis to deliver the commercial vehicle roadworthiness reform programme and also facilitate the transfer of the management of the testing function from local authorities to the Road Safety Authority, the enhanced performance management of the testing system and the introduction of operator maintenance obligations and enhanced powers for roadside testers in respect of non-compliant vehicles. For the first time, commercial vehicle testing centres across the country will be obliged to comply with a uniform nationwide standard which will be enforced by the Road Safety Authority. In addition to the road safety benefits, the transfer of this responsibility from local authorities to the Road Safety Authority will save in the region of €4.5 million. This will obviously be of benefit to the country in the light of current economic circumstances.

The priority with the Bill is to ensure the safety of passengers, drivers and all other road users. The Bill will ensure the same standards are applied across the country, regardless of where a vehicle is tested. The new system will be more consistent, impartial and, most importantly, accurate. As stated, approximately one in five fatal collisions involves a commercial vehicle. However, the existing system of testing roadworthiness has remained largely unchanged since 1982. The Bill proposes that the Road Safety Authority will assume responsibility for the centralised supervision and licensing of private testing services for commercial vehicles. The new roadside inspections programme will ensure continuous compliance with the relevant standards, including by random checks of vehicles. The provisions in the Bill mean that for the first time there will be a single integrated system to link enforcement, checks of operators' fleets, maintenance records and annual roadworthiness tests. The new system will be more consistent, impartial and accurate. Resources will be targeted at those vehicle operators considered most likely to break the law. However, the Road Safety Authority will ensure those with good track records will continue to be supervised in order that they will maintain the standards they have achieved. The Bill will create a level playing field by ensuring vehicle operators who maintain their fleets will not be placed at a disadvantage vis-à-vis those who break the law.

Thankfully, Ireland is the fifth safest country in Europe in which to drive. The number of people killed on the roads has halved during the past decade. However, the position in this regard can still be improved. The legislation will go a long way towards enhancing and improving Ireland's already good road safety record. I commend the Minister for bringing it forward.

There are many important items of legislation which come before the House and which relate to areas such as health, education, the environment and justice. However, legislation on road safety relates to all citizens, namely, pedestrians, drivers, passengers and everyone who uses the road network. The Bill deals with many matters pertaining to the roadworthiness of commercial vehicles. It is worth noting the road safety statistics for accidents on the roads involving commercial and heavy goods vehicles. In 2007, 32 people were killed in road accidents in which heavy goods vehicles were involved. This was reduced to 17 in 2010, a welcome reduction. A major factor in this reduction was the improvement in the main road and motorway network. The average number of road deaths per month in 2011 was 16. In 2012 the average is 13 to the end of February. The numbers of fatalities on the roads have fallen in recent years, with the lowest annual figure achieved in 2011 at 186. However, it must be noted Road Safety Authority, RSA, statistics tell us that there were over 700 accidents in 2010 involving heavy goods vehicles outside built-up areas and over 500 within built-up areas. In essence, a lot more needs to be done to address this issue which the Minister is doing with this Bill.

It is worth noting the major improvements in the motorway network in the past eight years, one of only a few positive legacies from the Celtic tiger. To be fair, we have seen a significant decline in the number of road deaths parallel to this road network upgrade. Accordingly, I must compliment the last two Governments on undertaking this work. It was a pity, however, that we in Sligo were not connected by motorway to Dublin in the same way as were Cork, Galway, Limerick, Waterford, Kilkenny, Dundalk, Drogheda, Belfast, Athlone and Mullingar.

I want to highlight how important road improvements are in road safety. The section of the N4 between Boyle and Sligo, in particular at Castlebaldwin, has been an accident black spot, at which there have been numerous deaths and injuries simply because this section of the road cannot deal with the volume of traffic using it, particularly the number of heavy goods and commercial vehicles which use it. Over 65% of accidents on this stretch involve commercial vehicles which is proof, if proof was required, that road improvements and motorway structures automatically decrease the chance of road accidents and fatalities occurring. I am taking the opportunity to impress this point on the Minister. I am aware that the capital budget for road improvements and building is virtually nil. However, the level of domestic growth in the economy is almost nil and unless we improve access to the regions, especially in the northern half of the country, it will remain stagnant. Tourism, industry and manufacturing depend on a good road network alongside a major improvement in road safety. Will my Government colleagues consider this argument should we consider a stimulus package in the future provided by the European Union?

The Bill proposes to nominate the RSA as the main testing organisation for vehicle roadworthiness taking this function away from local authorities. This is to be welcomed as allowing the RSA, an organisation specifically with a remit in road safety, to take charge of this issue makes real sense in order to have one national body with a defined function. The old system was inconsistent, provided for no roadside inspections and had no national database. Overall responsibility for commercial road testing will remain with the Minister, although he can confer powers, except the power to make regulations assigned to him in the Bill, to the RSA, in which case those power can be exercised by either him or the RSA.

The Bill provides that the testing of commercial vehicles will be done through a network of commercial vehicle roadworthiness, CVR, 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. Commercial vehicles cannot be used in public places without such certificates.

CVR testers, as licensed by the Minister, must have no previous criminal convictions. This will ensure we will have the correct people as testers without a shadowy background. In short, they must have the proper premises, equipment, background and qualifications before they can be authorised. It is welcome that authorised officers will also be able to enter and inspect CVR vehicles on the premises and observe and supervise vehicle testing in progress. Furthermore, authorised inspectors will also be able to inspect and remove documentation related to the maintenance and testing of vehicles. The powers of authorised officers are not limited and will vary.

Roadside inspections will be carried out by CVR inspectors who are defined as inspectors appointed under section 34 or a member of An Garda Síochána. Vehicles and other items may also be inspected. A CVR inspector who is accompanied by a garda or who is a garda can stop a vehicle for inspection. The vehicle can be detained for a reasonable period. Once it has been stopped by a garda, the CVR officer has the specific power to drive a vehicle, look for relevant information and seek the appropriate certificate. Failure to comply can in cases allow the inspector to impound the defective vehicle.

All of these measures and many more contained in the Bill will ensure an improvement in the commercial and heavy goods vehicles on the roads that will contribute to a more reputable industry and reduce the number of road accidents. The road haulage and transport business is in one of the most difficult positions in the domestic economy. As fuel prices are rising, charges will have to go up. Rogue transport operators, with poor vehicles in some cases, undercut many of the reputable transport companies which spend money on regular servicing and essential safety maintenance. These reputable operators will now find their position enhanced because of this legislation. I expect the aforementioned CVR inspectors to target the dodgy transport providers.

I welcome the Bill's proposal to allow the RSA to become the agency responsible for the issuing of driving licences. Currently, 29 local authorities under the overall authority of the Department are in charge of the licensing system. Next year will see the welcome introduction of a plastic chip-type card which will become the norm for licences. The benefits will be that it will reduce fraud and harmonise the licensing system across Europe. Drivers required to produce their licence to European police forces will be more responsible for their actions abroad, which will improve intercountry security in the European Union. This system has been in place in the United States for many years and ensures vital data can be read from cards in order that police officers can assess motorists on the spot. Such a system would be welcome in Ireland. I welcome the idea of a having centralised model for driving licences. This move will offer greater efficiencies in the overall delivery of the service and fit well with the Government's public service reform agenda. It will provide all motorists with a better service.

I welcome the opportunity to debate the Road Safety (Commercial Vehicle Roadworthiness) Bill 2012 which overhauls the system for testing the roadworthiness of commercial vehicles and permits the Minister for Transport, Tourism and Sport to assign new functions in this area to the RSA. In addition, the driving licence system will be centralised and transferred from local authorities to the RSA. The Bill is the latest road safety measure introduced as part of the Government's road safety strategy.

Following the bus crashes in Kentstown, County Meath and Clara, County Offaly in 2005 and 2006, the RSA was asked to carry out a comprehensive review of the arrangements for the roadworthiness testing of commercial vehicles. This review highlighted a wide number of issues with the testing system. Commercial vehicles are required to undergo a roadworthiness test at an authorised testing centre annually. Commercial vehicle testing is undertaken by 158 independent operators using a variety of test facilities, supervised and regulated by 30 public bodies with limited enforcement activities. In these circumstances, it is almost impossible to achieve consistent high-quality testing and assurances that the commercial fleet is in a roadworthy condition. The use of a single authority to monitor and enforce standards is considered the best means of ensuring consistent practices, streamlined procedures, clearer communication channels and greater accountability within the service.

To date in 2012, there have been significantly fewer road deaths than at the same stage in 2011. As of 17 April 2012, 46 people have died on Irish roads in the year, 13 fewer than the same period in 2011. Testing must be carried out in a consistent, impartial and correct fashion at all times. There will be continuous compliance with roadside inspections with the assistance of An Garda Síochána, along with the introduction of intelligence-based monitoring of the sector and risk-based targeting of commercial vehicle roadworthiness by the Road Safety Authority and Garda. The test centres will also operate on a risk basis.

Under EU licensing Directive 2006/126, all member states are required to introduce a plastic card driving licence in January 2013. Currently, the Department of Transport, Tourism and Sport has overall responsibility for driving licences, whereas the RSA has operational oversight and a policy advisory role. The RSA role includes liaising with EU representatives on driving licence matters at EU level. There are 29 licensing authorities - motor tax offices - around the country and the new rules to be introduced are designed to reduce fraud, guarantee a true freedom of movement for EU drivers and reinforce safety on European roads.

Improving road safety is one of the main objectives of the driving licence legislation. The implementation of a single model throughout the European Union will ensure greater security, and it was agreed by the Department and the RSA that the introduction of a new form of licence would provide an opportunity to review the existing licence issuing system and whether greater efficiencies and effectiveness could be achieved. The review was overseen by a steering committee comprising the representatives of the Department of Transport, Tourism and Sport, the Department of the Environment, Community and Local Government, the RSA and the Garda Síochána. The report recommended that the driving licence system should be modernised through centralising the functions in one authority. In May 2011, the Government approved the decision to move the centralised model of driving licences to the RSA.

I thank the Ceann Comhairle for the opportunity to speak to this new legislation. I welcome the debate as it gives us a real chance to get into the detail of road safety, traffic and commercial vehicle issues and broader financial matters. It is a wide-ranging debate and I am delighted the Minister of State is in the House.

Before getting to the detail of the legislation, I will raise a significant commercial vehicle safety matter relating to the Dublin Port tunnel. A dangerous incident could happen at any minute and there is a catastrophe waiting to happen. I urge the Minister of State to take on board the information I will supply today. Currently, all the vehicle lay-bys in the tunnel have a sheer wall at a right angle to the direction of traffic. It is the same design as the lay-by wall in the Swiss tunnel where recently a Belgian school bus crashed, killing 28 people, 22 of whom were children. I would like to see some action taken, as within a week of the Swiss accident, which sadly resulted in 28 deaths, the Swiss authorities installed safety barriers in the tunnel to prevent vehicles from directly hitting the wall.

I ask the Minister of State, the National Roads Authority and the operators of the Dublin Port tunnel to ensure this can be examined immediately. I raise this not only as a local public safety issue but as a national public safety matter. The Swiss responded within a matter of weeks when they spotted the problem and a safety barrier should be erected to stop buses from being driven into sheer walls. Safety is an important part of Irish driving life and it is relevant to this debate. I urge the Minister of State to go back to the senior officials in his Department and put that issue before them. It is a genuine public safety issue about which people have major concerns. There should be action before we have another incident. There have been major problems affecting the Dublin Port tunnel, with homes damaged etc. I have worked very closely with the residents in Marino, Santry, Drumcondra, Fairview and right across Dublin North-Central in supporting their efforts. Those people were compensated in the end. It is important to deal with such public safety issues.

This Bill provides for reform of the commercial vehicle roadworthiness testing system. That is sensible and all political parties should welcome it. The legislation also seeks to introduce a plastic card driving licence and revise administrative arrangements for the processing and management of driving licences. I know some of my colleagues touched on these issues earlier but I will also deal with them at a later time. This legislation will have implications for all drivers, and those of us who do much travelling around the city and country will find it relevant.

The primary purpose of the Bill is to establish a legislative framework for commercial vehicle roadworthiness testing in the State. The Bill will see the functions of local authorities in relation to CVR testing being assumed by the Road Safety Authority. In addition, the Bill will provide for a new licensing 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. I mentioned road safety, and we must have proper planning of barriers etc., but there must also be enforcement. A number of colleagues from all parties have stated on the record that there is a major issue with some operators, and we cannot tolerate that. There must be qualified inspections of these commercial operators, although at the same time we must not overdo it or harass people. I will refer to this later.

Safety is the key word. In 2009, the fatality rate was 53 people per million of population but in 1999 the rate was 110 people per million of population; it seems there is improvement in road safety. We are discussing vehicles, and 52% of all motor vehicles involved in fatal collisions in 2009 were registered in 2001 or earlier, so there is a link between the collisions and roadworthiness of some of the cars and vehicles. Nobody is squeaky clean in this regard, and we have all had bangers. We must be responsible in maintaining the vehicles, inspections and road safety. Road deaths in Ireland have fallen to their lowest level since records were officially taken in 1959, which I welcome. I mentioned the rate of deaths, and at 53 deaths per million of population, it is less than half the rate in 1999, when the first Government road safety strategy commenced. There was an increase in reports of minor injury collisions in 2009, which contrasted with decreasing trends in recent years.

We are dealing with safety and people's lives but there are also injuries to consider. Another relevant issue is being neglected in this debate, although it is very relevant to the broader economic discussion. The estimated costs of all road collisions reported through and recorded by An Garda Síochána is in the region of €974 million. It is a high figure but reflects a reduction of 29% since 2007.

We have been getting lectures in recent days about the fiscal treaty and budgetary strategies. I am in favour of improving road safety measures to reduce costs to the Garda. A sum of €974 million to pay for the fallout from road deaths and collisions is a significant cost to the taxpayer and it must be examined. Health and safety in people's lives are the most important issue and, therefore, I do not want to dwell on the cost because a person killed in a road traffic accident cannot be replaced but a figure of €974 million jumps out. Good planning, sensible legislation and good road safety measures can lead to a reduction in this amount. It was reduced by 29% over the past five years and, therefore, the Government can push the boat out further on this. The safety of our citizens is not a party political issue unlike the economic crisis. If somebody brings in legislation, tables amendments or comes up with new ideas to improve road safety, I will support him or her and I will not sit on the fence.

A total of 52% of all motor vehicles involved in fatal collisions were registered in 2001 or earlier. More than half were dodgy cars or cars that were at risk and this is a strong connection. The good news is this legislation is an attempt to do something about this. We must ensure we all work closely on this issue. We must come up with other strategies to deal with traffic and road safety issues.

I was disappointed when the metro north project was postponed and not just for the north side of Dublin. I am not locally biased politically.

We appreciate that.

However, many northsiders looked on this project as a stimulus package to develop the local economy through the provision of thousands of jobs and the impact it would have on local businesses. There was a great deal of disappointment. I accept budgets are tight and everything is difficult but I urge the Minister of State to revisit this project which has significant potential for job creation and economic development on the north side of Dublin. Do not mind all the yuppies on the south side who seem to have a problem about the north side.

The Deputy is touchy.

The DART underground was also postponed and the proposed Luas interconnector is dependent on a decision of An Bord Pleanála. That is my little whinge in this regard. I served on Dublin City Council in 1999 and it has done a great deal of work on its budgets in tough times. For example, the council completed 23 km of road surfacing last year, which was positive. Meanwhile road salt was well stocked last winter. Officials are also trying to purchase software to deal with road asset management issues. The road maintenance, design and construction departments have merged into one, which is a sensible rationalisation. The department is also moving to do a little work on local footpaths and roads. A month ago, we raised a road safety issue where I live on Charlemont Estate, Griffith Avenue, Marino, with the city manager relating to ramps. In fairness to the area manager and the staff of the city council, they had repaired all the ramps on the estate within seven days and significantly enhanced road safety. I acknowledge, therefore, that works are taking place.

The focus of the legislation is on safety but vehicle licensing and safety cannot be discussed without mentioning fuel prices. We are all getting it in the neck, particularly from small business owners, including plumbers and so on, about the impact of the cost of fuel on them. The Government needs to listen to small business people who are being hammered on the fuel issue. Fuel costs are going through the roof and some are going abroad to get fuel while criminal elements are engaged in illegal fuel smuggling, which must be addressed. The Government should listen to small business owners on the ground because they face many problems. Those who have to use vans and cars need to be listened to more. I acknowledge voices within the Government are pushing that agenda privately. They cannot highlight this publicly but we are behind them because if we are going to get out of the recession, we must support small businesses.

We all regularly whinge about the banks but I attended a good meeting in the AIB branch in Artane last Monday week. The bank manager called all small business owners in Artane and Killester and all public representatives to a meeting. We all thought 20 or 30 people would attend but when I walked in the door, almost 150 small business people were present. The good news is the bank manager said AIB was open for business and it would give loans to small businesses to support them. There are examples of good practice but we need to push banks further and hammer those sitting on the fence and doing nothing. If there are examples of good practice, whether they are in the banks, the road safety sphere or in the House, we should take them on board.

One thing that has been doing my head in over the past few days is the ranting and raving of the Minister for Health, the bully boy, who is encouraging the health police to target smoking in cars. I am a smoker and the vast majority of smokers I know would never dream of smoking in a car when accompanied by young children. Would the Minister get off the stage and stop ranting and raving about this? Most smokers are responsible; we are not lepers. We comprise 30% of the population and it is probable that 30% of Oireachtas Members smoke. It is time to get away from the nanny state, give us a break and to be sensible about this. The proposal to drive smokers off beaches and out of parks means we cannot even go outside and have a smoke for five minutes. The Minister should get off the stage, give us all a break and cop on to himself. We are all big boys and girls and we do not want to live in a society where our civil liberates are gradually being eroded. What has he planned next? Will we not be able to go out and have two or three pints on a Friday night? That is not the kind of society I want to live in. Most smokers will not smoke in cars when accompanied by children. A small minority do but that is another issue. The Minister should not label people. He should also examine the amount of tax we contribute to the State every year and have a word with the Minister for Finance about the revenue generated. He should quit hammering smokers and give us a break from the nanny state.

Speeding and the location of speed traps is a road safety issue. Some of them are in ridiculous locations and it is like shooting fish in a barrel. Speed traps should be in place on dangerous roads and easy options should not be taken, although this is a regular feature of our society. The legislation should address this issue.

Section 6(1) provides that a person cannot use a CVR vehicle in a public place without a certificate of roadworthiness. I support that because we have to do it and I referred to the road safety issues involved earlier. Section 6(2) provides for a class A fine or term of imprisonment for a person who commits an offence by contravening section 6(1). I worry about the reference to a term of imprisonment. Judges have lost their way. Non-violent and petty criminals are sentenced to six or seven years in jail while those who kill or seriously injure other people or threaten to murder them get away with a three of four year sentence. There is something radically wrong with sentencing. I do not want a motorist caught in a stupid situation to end up in prison while violent criminals walk the streets. One case in which I was personally involved recently, which I thought was a grave injustice, was the garlic tax case where Mr. Paul Begley got a sentence of six years for a scam on small businesspeople. Mr. Begley employs over 200 people. He has paid his penalties and his tax and he has paid his debt to society yet where is he as I speak? In Mountjoy. We have lost the run of ourselves. Yes, that man did wrong and should be punished but while he has paid his fines and penalties and paid his debt to society, he is languishing for six years. Some of the gangs in Limerick and Dublin have threatened people and they got two or three years. Where is the logic or justice in that?

I appeal to the Minister for Justice and Equality for common sense in our justice system. I welcome the proposals yesterday with regard to releasing people who are genuinely not a threat to society and I suggest that community service projects and other good work can be done by such people. To take the Paul Begley case, imagine if he was released tomorrow morning and sent on community service in a disadvantaged area in Dublin where he was asked to advise and support small businesses as part of his punishment. We can do sensible things within the justice system.

I raise the Paul Begley case because I feel the sentence is a grave injustice. I am not saying he should not be punished for breaking the law, which some smart alecs out there have tried to represent as my position on this issue. I raise this in the context of subsection (2), which deals with terms of imprisonment.

Section 7 refers to the power to require production of a certificate of roadworthiness to a member of the Garda Síochána, which is another measure we must ensure is put in place. I welcome the legislation and some of the major constructive proposals it contains. I urge the Minister and the Government, when implementing legislation and the laws of the land, to use common sense, whether in regard to road safety or dealing with issues in our justice system.

I welcome the opportunity to speak on the Bill and I congratulate the Minister on bringing it forward. It is common sense, practical and, essentially, gives a consistent and logical approach in this area.

Some days ago I brought my car for the NCT test. I remember the fuss about the NCT when it was first introduced but it is a very good system which people accept. It is working well and there is a real sense of assurance, especially for those of us who do a lot of mileage, that the vehicle being driven is safe because somebody independent has tested it. That is very important.

The administrative functions in the Bill are moving from the local authorities to the RSA. There will be new licensing system for test centres and also for authorised testers. This sort of consistency is important in order that we get a common thread across the country and no areas are over-scrutinised or under-scrutinised.

I am somewhat concerned in regard to Chapter 3, section 31(1)(a), which allows the officer to “search the premises in order to locate the CVR vehicle or vehicles”. I am not sure of the aim of this section because, if the vehicle is not on the road, it should not be an issue. The section is too vague for my liking and I question why private premises would be entered in this way. However, there might be a good reason which will be clarified later.

Chapter 3, section 31(1)(e) allows for permission to “remove and retain such books, documents or records for such period as may be reasonable for further examination”. This is definitely too vague. The time period must be specified as to when documentation will be returned. The subsection does not add up.

I welcome the introduction of the plastic driving licence and it is about time it happened. How many of us curse the current licences which are too bulky and messy, and do not deliver well out of a washing machine. I am delighted to see this introduced. For those of us who happen to be in a suit one minute and in ordinary clothes the next, if the licence fits neatly into a wallet, it will always be on the driver, which is good. One of the complaints about the other licence was that, given its plastic cover and so on, putting it in a pocket damaged its appearance.

The licences should contain biometric data and there should be some identifier unique to the person so there would be clarity that the person with the licence is, indeed, the licence holder. People who have nothing to hide should not fear anything from this whereas it will expose those who have something to hide.

This also brings up the whole issue of foreign driving licences. For many years, foreign licences have come into the country but gardaí are unable to assess immediately whether the licences are genuine or otherwise, or whether the right people are holding the licences. This is a matter of concern. Obviously, in an open economy such as ours, many people come into and out of the country and, while it is important to regulate ourselves, it also important to ensure that those people with foreign licences comply completely.

The issue of the maintenance of commercial vehicles was highlighted, as the Minister rightly said yesterday, by the Kentstown crash. This terrible situation demonstrated the importance of maintenance. One of my bugbears is that this crash did not involve a private operator but Bus Éireann. The assumption is that this is just an issue with private operators who might not put money into their machines but this was a large organisation which the State funds to the tune of approximately €110 million per year for school transport. Nonetheless, it got it wrong.

I also strongly criticise - my feelings on this are well known - the new tendering system which is being put in place for school transport whereby buses aged ten years or older are coming on stream to transport our children. I firmly believe we should be implementing a system where purpose-built buses are available to transport our most precious commodity, our children. It is shocking that bus drivers who have been driving routes for 20 years find themselves thrown out under this new system only for their buses to be replaced by older buses. This is not acceptable and it is only a matter of time before there is an issue. I would welcome a tendering system for the transport of children. I do not believe this should be within the remit of Bus Éireann solely because we need to get value for the taxpayer as well.

When I talk about the maintenance of commercial vehicles, I have connections in this regard because the business I run deals with bulk transport. Unfortunately, road hauliers are having a terrible time at present. These people are providing a great service in this country and they transport everything that is essential for our economic well-being. Unfortunately, however, they are living on depreciation. What I mean is that because the rates they get for their work are dropping, as there are apparently too many of them, they are not able to renew their lorries in time and, therefore, their lorries are getting older and more maintenance needs to be done. This is a pathway to the bottom.

I would like to see a fair pricing mechanism for hauliers so there would be some standard from which they could work and hauliers would then compete on service quality as opposed to pricing down to the bitter end. I see good, compliant businesses that have been in business for 20 years tender only to be priced out of it by a completely unrealistic quote. This tells me one thing: that the person with the unrealistic quote is not on a level playing pitch. Either they are doing something incorrectly, their taxes are not in order or something else does not add up. Something is wrong when people who have been in business for more than 20 years cannot compete.

Fuel laundering was mentioned. It is a significant issue. Not only does it affect the taxpayer but it also affects the engines of many vehicles. Modern engines are sensitive and the extraction process used involves acid which damages the engines. People do not realise this. One might think one was using is cheaper fuel, but one gets fewer miles per gallon and one damages the engine in the long run. This must be addressed.

This is a sensible and practical Bill which lays the basis on which commercial vehicles will be maintained in future. It is common sense and it is remarkable that nothing like this was in place already. Thankfully, the country will see a significant increase in commercial vehicles in the coming years, especially in the agricultural sector as we implement the Food Harvest 2020 recommendations. We will see a 50% increase in the production of milk. Milk is bulky and, therefore, we will see huge volumes of milk being transported throughout the country as well as huge volumes of dairy products, including cheeses and others. We should not forget the grain sector. We had the largest harvest in the history of State last year amounting to 2.5 million tonnes. Thankfully for the sector we are due to have a similar harvest next year. We will see an increase and this is part of our recovery as a nation. The Bill will ensure this occurs in a safe and consistent fashion.

I call Deputy Durkan. We will suspend the sitting at 1.30 p.m.

I will do so without resistance. I am pleased to have an opportunity to speak on this important legislation. Several important aspect of the Bill have been referred to by other speakers. I have no wish to labour the points made by my colleagues other than to say that road safety is a major concern nowadays. Heavy vehicular traffic on roads is growing. Recently, on a trip from Cork to Dublin beginning at 1.30 a.m., I met coming towards me in the opposite direction 130 heavy goods vehicles. From an economic point of view, that is a good sign, demonstrating activity in the country. It is also indicative of the heavy volume of traffic on the roads. It is also a good thing to see such traffic is not on the road during peak hours. The Acting Chairman will note I did not count the vehicles going in the other direction but I promise I did not break the speed limit. I was a very good boy.

The crash in County Meath some years ago with its tragic consequences is a moot point. It left an impression on us all and we should remember what happened there. Whether deliberately or negligently, the circumstances that brought about the accident in terms of vehicle testing failures have not been addressed to any great extent yet except in the context of this proposal. One can point to issues that should have been raised as part of a vehicle test and which should have been readily recognised but were not. That should not be the case.

I have a reasonable mechanical knowledge but one must get underneath a vehicle to find out what is going on. I have been shocked at some of the things I have seen in recent years since that unfortunate and tragic accident in Meath. A similar accident occurred in County Offaly. I cannot understand why people would knowingly do something or fail to take action in respect of a vehicle safety issue.

Some people maintain we should have annual or six-monthly reviews. One need not be a rocket scientist to carry out an overhaul of the linkages and joints in a vehicle which directly affect its safety. This could last for three years if the inspection were to be carried out properly by competent people. There is no excuse. Therefore, it must be a case of deliberate negligence - there is no other way around it - and that is criminal. Unfortunately, that is what it amounts to if it leads to loss of life, which it can.

Let us consider the safety factors we should bear in mind. Deputy Finian McGrath mentioned the bangers we drove in the past. However, we drove at a different speed at the time. We did not have motorways at the time and we did not really have occasion to travel at high speed on narrow country roads because the vehicles did not have the competence to do so. As tyres wear on a vehicle, one should slow down. One cannot have the same grip at all times. Allegedly, I have been severe on tyres in the past as well as at present. One must take account of the wear on tyres and the ability of the vehicle to hold the road in all circumstances. Brakes raise others issues. Sadly, not all vehicle brakes will stand up to rigorous tests, even today. This should show up on a National Car Testing Service, NCTS, examination. The smallest details such as a bulb that does not work will be found under the test. Strangely, the tyres do not appear as an issue in the test unless they are seriously worn, and this is extraordinary. Suspension in a vehicle has a considerable impact on its road-holding capacity. Bad or weak suspension joints cause serious problems, especially in an emergency situation.

I imagine every Member has had occasion to meet what appeared to be a motorcycle coming towards them on the road at night only to discover that it was actually a four-wheeled vehicle. Sometimes such large vehicles have only one light on the left-hand side, creating a more serious problem. I recall having a slight brush with another vehicle in such a situation some years ago. Such situations are difficult on a narrow road or a road only barely capable of having two vehicles. Such a fault can occur rather suddenly and the individual concerned may not have had a chance to get to a garage and have it repaired. However, the fact remains this is a considerable and serious issue and must be attended to as a matter of urgency.

The regionalisation of the testing centres may be a good thing or a bad thing. It may be good in the sense that high standards should apply. However, high standards should apply anyway. Any vehicle testing centre, whether local or regional, should comply with the highest possible standards. If it does not do so, the system is weakened. My colleague, Deputy Tom Barry, referred to the powers of the authorities to impound or search a vehicle or a premises with vehicles. There are other reasons this should be the case but they do not relate to safety. Legislation of a different nature should be used to deal with such situations.

I have a long-standing hobby of playing around with classic cars. I do not play with vintage cars but rather those from the era I represent. I have always kept one or two such vehicles. They have not been driven yet but they will drive some day. It is no business of anyone else since they are not on the road and they are not road vehicles. They are off the road and if I wish to bring them on the road, I will do all that must be done and I will comply with all regulations necessary to bring them on the road. However, it is no business of anyone else whether I have one or none, whether they are in a good or bad state or whether they will ever run again. That is my business. Everyone has their foibles in this life. Long may it continue that one may have them and be in compliance with the law.

It is 1.30 p.m. and I must spoil the Deputy's anecdote.

This is not anecdotal; it is purely technical. It simply goes to show how time flies when one is enjoying oneself.

Sitting suspended and 1.30 p.m. and resumed at 2.30 p.m.
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