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JOINT COMMITTEE ON TRANSPORT díospóireacht -
Wednesday, 2 Dec 2009

Haulage Industry: Discussion with Irish Road Haulage Association.

I draw the witnesses' attention to the fact that members of the committee have absolute privilege but the same privilege does not apply to witnesses appearing before the committee. Members are reminded of the parliamentary practice that members should not comment on, criticise or make charges against any person outside the House or an official either by name or in such a way as to make him or her identifiable.

I welcome Mr. Vincent Caulfield, president of the Irish Road Haulage Association, and Mr. Liam Brewer. I propose we will have a short presentation followed by questions and answers.

Mr. Vincent Caulfield

I thank the Deputies and Senators for the opportunity to come before the committee. My name is Vincent Caulfield. I am president of the association and Liam Brewer is a member of the management team. There is a ten member board, including myself, and we are an entirely voluntary organisation but we have a staff of three people who work full time in our office.

The Irish Road Haulage Association was founded in 1973 and its primary function was to promote professionalism, excellence and safety in the road haulage industry. Since our inception, our industry has changed and progressed in many areas but in other ways it has remained the same, with certain concerns dating back some 35 years which still await resolution. That is not because of any lack of effort on behalf of the Irish Road Haulage Association but can be attributed, for the most part, to a lack of understanding and a failure to address these issues by successive transport Ministers and relevant Departments.

To date, there is little or no recognition of the vital services provided by the haulage industry. International hauliers deliver Irish produce and Irish manufactured goods to all corners of Europe and beyond. With each return journey there is another valuable load of cargo for delivery to the Irish market. In addition, the major contribution by national hauliers to the infrastructural developments taking place in recent times cannot go unmentioned. All of this has been achieved by a small dedicated group of hard working, highly motivated people for very little reward and, unlike many other industries, with no financial assistance whatsoever from the State. Regrettably, the revenue contributed from our industry, and the services provided, have largely gone unnoticed. A truck is still seen by most other road users as a large, intimidating vehicle commanding a disproportionate amount of road space on an already congested road.

There are a number of issues affecting our industry and I very much appreciate this opportunity to raise three of them before the committee. These issues are as follows: heavy goods vehicles being allowed to use the outside lane of a two-lane motorway for overtaking; the impending introduction of a carbon tax; and permits for transporting abnormal loads.

In regard to overtaking on motorways, this safety concern has become more relevant recently due to the extension of our motorway network throughout the country and the recent upgrading of some dual carriageways to motorway status. The outcome of this change is that cars and light commercial vehicles can increase their speed by 20 kilometres per hour but it restricts heavy goods vehicles to the utilisation of only one lane. We believe, and statistics prove, that the safest roads to travel on are motorways or dual carriageways because by their very design they are the safest place to overtake slower moving vehicles. The restriction on the use of the outside lane on motorways for heavy goods vehicles should only apply on three lane motorways as is the case in Northern Ireland and Great Britain.

The Irish Road Haulage Association is very concerned that the proposed carbon tax on fuel will result only in increased operating costs to hauliers. Current proposals appear to be motivated by a desire to create a new mechanism for collecting tax rather than by a genuine commitment to reducing carbon emissions. Carbon tax must be targeted at those who can effect change — manufacturers, traders, distributors and consumers. The road haulage industry is simply facilitating the movement of goods for other parties. The IRHA recognises and accepts the environmental issues associated with carbon emissions and is supportive of effective solutions that have the potential to reduce them, but the opportunity to achieve such reductions will be lost if the Government does not examine this issue in its entirety.

Regarding abnormal load permits, until recently, in order to transport a load that exceeded the regulations governing weight, length or width, a permit was required from relevant local authorities authorising such a movement. In some instances this could involve obtaining permits from four, five or even more local authorities for the movement of one such load because of the journey involved. The cost of these permits varied for each local authority from €100 to €300 and even more in some instances. In addition, the advance notice required also varied from two to four days depending on the local authority that was being dealt with.

Following consultation between the Irish Road Haulage Association, the Road Safety Authority, the Department of Transport and the Garda Síochána, agreement was reached on a new permit system on designated routes for loads of up to 27.4 m in length and 4.3 m in width, which did not exceed permitted axle weights. These permits can be obtained via e-mail from the permitting officer of the Garda Síochána who is based in the Phoenix Park. The difficulty is that permission to move will only be granted for five days after the application is submitted. Furthermore, the limited availability of designated roads that fall under the revised permit system is a cause of concern. In Northern Ireland, only 24 hours' notice is required for such movements on all roads. Consigners will not wait five days for the movement of these loads and consequently unauthorised movements will take place due to the inefficient system currently in place.

Another issue which is adversely affecting the licensed haulage industry is the continued use of agricultural tractors as haulage vehicles on public roads. A report on this activity commissioned by the Road Safety Authority was presented to the Department of Transport in March 2009. To our extreme disappointment, however, the Department has so far failed to act. Furthermore, a recent High Court ruling by Mr. Justice Hedigan in August 2009 stated that vehicles engaged in haulage must comply with all regulations that apply to this industry. Agricultural tractors fall a long way short in this regard but nevertheless those who drive them continue to do so undeterred.

A recent statutory instrument signed by the Minister for Transport, Deputy Dempsey, requires that individuals who have convictions for serious offences in the past must surrender their haulage licences within three months. While this measure has been welcomed by our association, we believe that greater deterrents must be put in place for those who operate without valid licences; otherwise, operators who have had their licences revoked will continue to trade without them.

I again thank the Chairman for this opportunity to bring some of the issues affecting our industry to the attention of the committee.

Does Mr. Brewer wish to add anything?

Mr. Liam Brewer

No. I will contribute as questions arise.

I have only one question, which relates to overtaking on motorways. I was not aware that the rule to which reference was made exists. I will certainly put the point raised to the Minister. I notice that few trucks use the Dublin-Galway motorway and instead continue to use the old route, which is ridiculous.

Mr. Vincent Caulfield

The part of the old route which runs to Kinnegad is used for two reasons. First, as members will be aware, a toll applies in respect of the motorway. However, there may not be a saving involved in using the old route. The second reason people use this route is that services are available on it at Mother Hubbard's in Moy Valley. There are no services available on the motorway. As one travels west, there are no further opportunities to access services on the motorway. That is an issue. I accept that work has begun on putting services in place at Enfield and the position may change when that happens.

So it is not just the toll.

Mr. Vincent Caulfield

The toll is part of it. However, from our research and that of our members, it is obvious that there is very little saving involved in using the old route because it takes longer to get to one's destination. In addition, one uses more diesel and there is more wear and tear on one's vehicle.

I welcome the delegation. My experience is that the regulation does not appear to act as a deterrent to those driving HGVs overtaking other vehicles, even those which may be proceeding at 80 km/h on a two-lane road. I wonder about the safety implications in this regard. I tend to use the M1 and the M50. In respect of the latter, I often see HGVs speeding down the third, or outside, lane and nothing seems to happen to those driving them. I have a number of concerns in this regard. Another part of the committee's remit relates to road safety. Some HGVs have been involved in serious collisions in the past and it seems that those who drive smaller vehicles have a right to be protected. That is why the speed restriction relating to the inside lane on motorways was introduced.

It appears that a carbon tax will definitely be introduced next week. Has the association carried out a total cost-benefit analysis which indicates what will be the net cost to the industry and to the economy? I hope the Government will have such an analysis carried out and will not, as it did with the travel tax, introduce the carbon tax without one.

With regard to abnormal loads, proposals were put forward by our guests in the past in respect of larger vehicles, etc. However, we were of the view that such vehicles would not be suitable in the context of the conditions that exist in this country.

At previous meetings, a number of colleagues and I referred to a notorious criminal who managed to obtain a licence and who is operating in the business. The Minister, Deputy Dempsey, indicated that four individuals with serious previous convictions had been discovered operating in the haulage business. Are any of these people members of the association? Does the association have a policy in this regard? Our guests are aware that hauliers can be used, even inadvertently, to carry contraband, drugs and even people who are being trafficked. I accept, however, that the industry is obliged to cope with this matter in the wider European context.

Mr. Vincent Caulfield

I will reply to the Deputy's first question and Mr. Brewer will reply to that relating to carbon tax.

The M50 is a three-lane motorway and there is a prohibition on HGVs using the outside lane thereon.

Yes, but it is reduced to two lanes on stretches where reconstruction is taking place and HGVs tend to speed along the outside lane while travelling to their destinations.

Mr. Vincent Caulfield

It is an offence for the driver of a HGV to use the outside lane on a two-lane motorway. I accept that certain drivers are probably using the outside lane. If gardaí observe HGVs in the outside lane, their drivers are liable for two penalty points. That is why the issue has become more urgent. From the point of view of safety, we would argue that if one gets stuck behind a slow-moving vehicle, one must travel behind it until one leaves the motorway. However, there is no restriction on overtaking on national primary routes on which one may meet oncoming traffic. This restriction applied in respect of buses until recently, when the legislation was amended. Buses can now use the outside lane on motorways. We are anxious that the same position should apply in respect of HGVs.

Is Mr. Keating stating that this would apply only in respect of overtaking? In other words, HGVs would not remain in the outside lane when they have completed overtaking manoeuvres.

Mr. Vincent Caulfield

Good practice for everyone in the context of driving on motorways would be to use the inside lane for driving normally and the outside lane for overtaking. Part of our function is to provide driver training facilities for our members. If we manage to have the law changed, we would be anxious to make our members aware of such good practice and that courtesy to other road users should be their main priority.

Reference was made to protecting smaller vehicles. By extension, there might be no need for HGVs to overtake on national primary routes if they had the facility to do so on the motorways. As the Chairman pointed out, from Mullingar onward the motorway becomes a national primary route.

Mr. Liam Brewer

As regards the question on carbon tax, we have done some costings on it. Obviously we do not know what the carbon tax will come in at, but there is a figure of 5 cent per litre in the atmosphere, although I am not sure if that is correct. Essentially a HGV does 2.5 km per litre, which adds 2 cent to each kilometre travelled. Typically a HGV would do 100,000 km a year so it will add €2,000 per vehicle. At a rough calculation there are 16,000 HGVs in our sector, so if everybody is doing the maximum mileage, one could be looking at a cost of €32 million a year. That is coupled with the excise duty increase in April this year, which also added almost 2 cent per litre. This year alone, we are talking of an increase in the region of about €50 million on fuel. Interestingly, the combination of excise duty and carbon tax effectively equates to the same as a 100% increase in road tax for a HGV. They come in together at almost €4,000 per vehicle, while the road tax is underneath that.

I welcome Mr. Caulfield and Mr. Brewer to the committee and thank them for their submission, which is very concise and informative. I did not realise that lorries could not pass on dual carriageways, but I have seen lorries passing other lorries. If one lorry is doing 40 mph and another can do up to 60 mph, it seems like common sense to pass. The N5 and N6 routes come into the north west, but it is highly unlikely that they will be upgraded to dual carriageways or, at least, it will be a while before they are. Many lorries are using the single carriageways but thankfully it is illegal for them to pull in on the hard shoulder. It is good manners not to do so, but it is also against the law. How do Mr. Caulfield and Mr. Brewer feel about the two-plus-two which was on the Dromod-Rooskey bypass? I think it has been successful, but what are their feelings about it? We have many single carriageway roads and hard shoulders, which do not seem to be used. I know there is an issue against using them.

As regards the new carbon tax, I think the witnesses are right in saying that the HGV sector is being used to collect taxes. If we are serious about protecting the environment it should also involve manufacturers, traders, distributors and consumers. The HGV sector is an easy target. The committee should ask the Minister to re-examine the measure. I do not know how they can implement that, but once again the same old reliables seem to be hit.

As regards abnormal load limits, a few years ago we got rid of the arrangement whereby permits were obtained from local authorities, although these took only two days. We introduced a new law, but that law is effectively as inflexible as before. If I was an operator and had to wait five days for Garda clearance, I would take my chances. Unfortunately, however, that is putting the public at risk. The Department of Transport has a lot to answer for because it introduced legislation which got rid of all local authority involvement, and increased the two-day rule to five days. That is not a great policy, so it should be examined by this committee.

Going home, we all see overtaking on motorways. Some guy decides to plod along at 40 mph on the M4 and a truck must stay behind him at 35 mph to keep a safe distance. We all know that trucks have limiters on them. Very few are capable of passing 90 km/h because 80 km/h or 85 km/h is their maximum speed. The matter is worth examining and pursuing with the Department to see if it might allow HGVs to pass in the outside lane. It is creating a menace for other road users also. All it takes is one driver plodding along at 40 mph to cause a tailback for miles, which is dangerous. We should ask the Department to re-examine this matter.

We are all fearful of the effect that carbon tax will have on us at every level. As regards the load permits, it is ridiculous if there are different regulations in different jurisdictions. They are not issuing a firearms licence; it is a licence for which there are pre-determined conditions. We should ask the Department to see if anything could be done to achieve a faster turnaround. The Department of Transport is based in Loughrea, so it should be able to turn it around, in conjunction with local authorities, within a maximum of 48 hours. The net result, as we can all see, is that the nighthawks are out with abnormal loads. One never sees them during the day. This matter must be examined. Perhaps the Chairman could write to the Minister concerned regarding these issues.

I will do that.

May I ask just one supplementary question?

Have many HGV drivers received penalty points for overtaking? I know that gardaí do not always have the discretion, but I would have thought it grossly unfair to apply penalty points in the situation that Senator Ellis outlined.

Mr. Liam Brewer

Some drivers have received penalty points. However, what is of great concern to us is that because penalty points are applied for overtaking on a motorway, drivers are more likely not to overtake. Drivers will not risk incurring penalty points and, consequently, they wait until the end of the motorway to do so. Strangely enough, we can overtake on a dual carriageway, but not on a motorway. The hazard is that when it is safe to overtake on a motorway they will not do it. They wait until the motorway ends and then overtake on a single carriageway because there are no penalty points involved in doing so. We have discussed this matter with the Road Safety Authority, which has taken that point on board. The RSA is not objecting and will support a change. It purely relates to two-lane motorways. We are not unique in Europe, but the only countries other than Ireland which have this difficulty with two-lane motorways are Slovakia and Hungary. We are not really in great company.

Is the Irish Road Haulage Association sending a proposal to the Minister to have it changed?

Mr. Liam Brewer

Yes.

Was that an historical thing or did it come in more recently?

Mr. Liam Brewer

No, it is quite recent.

Mr. Vincent Caulfield

It is quite recent. We had a discussion with the then Minister and we were led to believe that it would not happen.

Is a by-law change necessary? If so, we will ask the Minister to change it.

Mr. Vincent Caulfield

It was changed for buses because the restriction is for vehicles whose maximum allowable road speed is 80 km/h. Buses are allowed to travel at 100 km/h on motorways. We are not looking for a 100 km/h limit because all heavy goods vehicles are limited to 90 km/h. If it applied to vehicles that were restricted to 90 km/h it would not affect heavy goods vehicles. That is how it was addressed for buses, so the same could apply to heavy goods vehicles.

Deputy Broughan asked about large vehicles with abnormal loads, but we are talking about abnormal loads that do not exceed weights. Therefore, they do not breach the regulations on regular vehicle weights. They only contravene the length and width up to 27 m and 4.5 m, respectively. They are not heavy loads therefore. The other permits are for loads that exceed the permitted weights. There are some large beams and machines being moved around the country on specialised equipment that weighs 60, 80 or 100 tonnes. That is the difference. The permit for those must be obtained from local authorities because of consideration for roads and bridges along the routes they travel. The type of load we are talking about just contravenes the size regulation, in width or length. The people who are doing it professionally specialise in this and have proper trailers, as well as lights and escorts. We feel they should be accommodated because people who want the movements done will not wait. If need be, it must be done in the next day or two, but one must wait five days. Those who are not complying with the regulations and who are not doing it legally are prepared to do it at night, as Senator Ellis stated. It is something that could be looked at again. We have been told by the Garda that the reason it takes five days is that the legislation had to allow for exceptional circumstances — for example, at Easter or, as happened this year, when St. Patrick's Day and Easter Sunday fell on consecutive weeks. In the normal course of events, however, if one applies for a permit on Monday, as matters stand, it could be granted on Tuesday but the permission to move would not apply until Friday. It is something that needs to be looked at to accommodate people.

On Deputy Broughan's question about criminals with licences, the Minister has stated there were four licences to be revoked. Our problem with this is that much haulage activity of which we are aware is engaged in by persons who are not licensed. The reasons for not being licensed are many and varied, but such persons are certainly at an advantage over those who are because they may be operating under the radar in that the RSA or other agencies may not be aware of their existence. The deterrent to operating without a licence is minimal. As far as I am aware, there have not been any prosecutions in the recent past for so doing. If a licence held by a person in this category is revoked, the danger is that he or she may continue in business without it. As part of the legislation we were anxious that a serious deterrent be put in place for persons caught operating without a licence, which the Garda should enforce. It is mandatory to carry a copy of the licence in the vehicle. Also, there is a disk visible on the windscreen indicating that the vehicle has a haulage licence. Therefore, it is easy for a garda or an enforcement officer to detect if a vehicle is operating legally. However, it is not something that is asked for if one is stopped at a regular checkpoint. Perhaps it is asked for at a multi-agency checkpoint, but for some reason in the normal course of events where a garda is checking tax or insurance discs or tyres, he or she will not ask about a haulage licence.

The statutory instrument signed in September applies only to individuals, but the Minister stated that before the end of the year he would extend it to include company directors, transport managers, company secretaries, etc., if they had discretion in this regard. When that is happening, serious deterrents must be put in place for those who operate without a licence.

Deputy Feighan asked about the two plus two system. It works well for heavy goods vehicles. As he stated, most truck drivers will pull into the hard shoulder if they can or the inside lane in order to allow traffic to pass. I can tell him from experience, as I drove a truck for long enough, that it is much easier to watch other drivers when they are in front rather than when they want to overtake. The two plus two system certainly works well in that regard.

I thank Mr. Caulfield and Mr. Brewer for coming. Certainly, we will make the proposal made to the Minister. We wish them well in what is a very tough and competitive business. A good job is being done by the association.

I would like to be associated with those remarks.

The joint committee adjourned at 6.45 p.m. until 3.45 p.m. on Wednesday, 16 December 2009.
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