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Tuesday, 27 Sep 2016

Written Answers Nos. 880 - 892

Road Tolls

Ceisteanna (880)

Marc MacSharry

Ceist:

880. Deputy Marc MacSharry asked the Minister for Transport, Tourism and Sport the average toll revenue per day per annual average daily traffic of 100 vehicles on Ireland’s existing motorways; and if he will make a statement on the matter. [26640/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (TII) (formerly known as the NRA) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

Vehicle Clamping

Ceisteanna (881)

Paul Murphy

Ceist:

881. Deputy Paul Murphy asked the Minister for Transport, Tourism and Sport his plans for the enactment of all the sections of the Vehicle Clamping Act 2015; the envisaged timeline for the setting of clamping regulations by the NTA; his views on whether management companies clamping residents for arrears of management fees should be prohibited; and if he will make a statement on the matter. [26653/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy knows, the Vehicle Clamping Act was enacted in May 2015.

The Act conferred the responsibilities of regulating vehicle clamping upon the National Transport Authority (NTA). This conferral of additional responsibilities resulted in a requirement for allocation of additional resources to the NTA in order to allow it carry out its new functions in this area. Sanction for these additional resources was secured for the NTA's budget for 2016.

In addition the NTA also required a period to make and prepare the necessary regulations provided for under the Act as well as ensure appropriate training and administrative supports are in place to allow for commencement of regulatory activities.

This very necessary preparatory work is almost complete and my Department is now finalising arrangements with the NTA in relation to an appropriate commencement date.

Issues relating to clamping allegedly being used by management companies in multi-unit developments to secure payment of management fees are not appropriate to the Vehicle Clamping Act 2015. It is beyond the scope of this Act to legislate for practices within the property management sector.

I understand that there are already two pieces of legislation governing that sector: the Property Services (Regulation) Act 2011 which established the Property Services Regulatory Authority to control and regulate property service providers, and the Multi-Unit Developments Act 2011 which seeks to facilitate the fair and effective management of bodies responsible for the management of the common areas within both existing and new multi-units apartment developments.  These Acts were sponsored by the Department of Justice and Equality.

Road Projects

Ceisteanna (882)

John Brassil

Ceist:

882. Deputy John Brassil asked the Minister for Transport, Tourism and Sport if he will ensure that funding is secured and allocated for the construction of a relief road from Castlelough, Muckross to Lisvigeen, in Killarney, County Kerry, as there has been a significant rise in traffic and tourism in the area and the lack of this road is causing a bottleneck in the town with large tailbacks and traffic congestion on the Muckross Road; and if he will make a statement on the matter. [26656/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (TII) (formerly known as the NRA) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for Transport Infrastructure Ireland (TII) in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Traffic Calming Measures

Ceisteanna (883)

Brendan Griffin

Ceist:

883. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if traffic calming measures and street lighting will be provided at the junction for Kilgarvan and Kenmare on the N22 Cork-Kerry road; and if he will make a statement on the matter. [26712/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (TII) (formerly known as the NRA) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for Transport Infrastructure Ireland (TII) in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Projects

Ceisteanna (884)

John Brassil

Ceist:

884. Deputy John Brassil asked the Minister for Transport, Tourism and Sport if funding will be expedited for the extension of the bypass between Tralee Institute of Technology and Mounthawk, Tralee; and if he will make a statement on the matter. [26745/16]

Amharc ar fhreagra

Freagraí scríofa

The improvement and maintenance of regional and local roads in Kerry is the statutory responsibility of Kerry County Council, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the Council's own resources supplemented by State road grants.  The  selection and prioritisation of works to be funded is also a matter for the Council.

Given the cutbacks in State funding for regional and local roads since the financial crisis, it has been necessary to curtail the grant programmes for new regional and local road schemes and for major realignment schemes in order to concentrate available funding on the maintenance of the existing network. In this context my Department is not operating an application process under these grant schemes at this time.

Road Traffic Legislation

Ceisteanna (885)

Alan Farrell

Ceist:

885. Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport the measures in place to regulate rickshaws on streets; the action he plans to take to ensure passenger safety and driver identification are given priority in terms of the future regulation of rickshaws; and if he will make a statement on the matter. [26772/16]

Amharc ar fhreagra

Freagraí scríofa

Rickshaws are covered by road traffic law.  Pedal-powered rickshaws come within the definition of 'pedal cycles' and powered rickshaws are classified as 'mechanically propelled vehicles'. They, like all road traffic, are obliged to obey road traffic law. The measures which were introduced last year to allow An Garda Síochána to issue fixed charge notices to cyclists also apply to pedal-powered rickshaws and provide an important tool for An Garda Síochána in enforcing the law.

Mechanically propelled rickshaws when carrying passengers for reward in a public place, come within the definition of 'small public service vehicle' (SPSV) and are prohibited under current SPSV legislation.  Pedal-powered rickshaws do not come within the defintion of 'small public service vehicle' and therefore fall outside the ambit of the National Transport Authority (NTA) under the Taxi Regulation Act 2013. Therefore, neither the NTA nor my Department currently have powers to regulate pedal-powered rickshaws.

In response to some concerns - primarily of a safety nature - both Dublin City Council (DCC) and the NTA obtained legal advices in relation to their respective powers to regulate pedal-powered rickshaws. Discussions have recently taken place between DCC and the NTA who have agreed a proposed approach to regulating pedal-powered rickshaws which would require the drafting and introduction of primary legislation.

My Department is now engaged with the NTA to clearly frame the policy to guide any detailed legislative drafting, with passenger safety the key focus.  I will consider the legislative proposals which emerge when this work has been progressed.

Driver Test Regulations

Ceisteanna (886)

Brendan Griffin

Ceist:

886. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the assistance available to persons with reading and writing difficulties wishing to sit the driver theory test; if the person may be accompanied by a person to assist during the test; and if he will make a statement on the matter. [26788/16]

Amharc ar fhreagra

Freagraí scríofa

The Driver Theory Test is operated on behalf of the Road Safety Authority by Prometric Ireland Ltd.  I am happy to inform the Deputy that there are several options available to assist people with reading difficulties in the test.  Writing difficulties are not an issue, as the test is a multiple choice test conducted by computer.  

Where a person has difficulty reading the questions, there is a voice-over option, under which the person will be given headphones so that each question and the alternative answers are read out to them.  If necessary, the candidate can be offered extra time to complete the request.  As an alternative, there is a reader-recorder option.  In this case, a member of Prometric staff will read the questions and answers to the candidate and input their answer via the computer.  There is no option for the person to bring a reader with them and, as should be clear, no need.

The Deputy will be glad to know that, for the benefit of those interested, this information is all available in the public domain on the Driver Theory Test website, www.theorytest.ie.

Freedom of Information Requests

Ceisteanna (887)

Brendan Griffin

Ceist:

887. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the procurement process which was followed by his Department when acquiring legal expertise to deal with FOI requests from a person (details supplied); the amount his Department has spent on these FOI requests; and if he will make a statement on the matter. [26805/16]

Amharc ar fhreagra

Freagraí scríofa

The Freedom of Information requests mentioned by the Deputy were made to Sport Ireland, not to my Department. Sport Ireland is a public body for the purposes of the Freedom of Information Acts and is responsible for the processing of FOI requests relating to the body.

 Accordingly, this is matter for Sport Ireland and I have referred the Deputy's question to Sport Ireland for direct reply. I would ask the Deputy to inform my office if a reply is not received within 10 days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Departmental Legal Costs

Ceisteanna (888)

Brendan Griffin

Ceist:

888. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will investigate a case involving his Department (details supplied); his views on the fact that public funds may have been wasted through subsequent legal costs; and if he will make a statement on the matter. [26806/16]

Amharc ar fhreagra

Freagraí scríofa

This question relates to ongoing legal proceedings taken against Sport Ireland, an agency under the aegis of my Department. The proceedings are now before the courts, with a sheduled trial date in November 2016. Pending the determination of the court it would not be appropriate for the Minister to make any comment relating to the proceedings.

Road Projects Status

Ceisteanna (889)

Brendan Griffin

Ceist:

889. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the anticipated progress timeline for the Dingle relief road phase 4, which is included in the capital plan for 2016-2021; and if he will make a statement on the matter. [26807/16]

Amharc ar fhreagra

Freagraí scríofa

The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities' own resources supplemented by State road grants.  The initial selection and prioritisation of works to be funded is also a matter for the local authority.

The Capital Plan 2016-2021 provides that a number of schemes targeting bottlenecks in the road network will be progressed subject to necessary approvals.  Among those schemes is the Dingle Relief Road.  My Department has allocated a grant of €50,000 to Kerry County Council this year to fund planning work related to the project. It is expected that grants for next year will be announced early in 2017.

Road Projects Status

Ceisteanna (890)

Brendan Griffin

Ceist:

890. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the anticipated progress timeline for the Adare bypass project, which is included in the capital plan for 2016-2021; and if he will make a statement on the matter. [26808/16]

Amharc ar fhreagra

Freagraí scríofa

The transport element of the Capital Plan published in September 2015 provided for some targeted investment in a number of new projects in the Munster region. In addition, a number of other schemes (including the Adare Bypass) targeted at removing bottlenecks and upgrading port access, will commence subject to necessary consents.

As the planning, design and implementation of individual national road projects is a matter for Transport Infrastructure Ireland, I have referred the Deputy's question to TII for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Network

Ceisteanna (891)

Brendan Griffin

Ceist:

891. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if the side walls of the tunnel on the N71 between Bonane and Glengarriff will be painted to help make pedestrians and cyclists using the tunnel more visible in foggy conditions, as a motorist recently reported almost hitting a pedestrian in thick fog at this location against the dark backdrop of the side walls; and if he will make a statement on the matter. [26809/16]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland (TII) (formerly known as the NRA) under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for Transport Infrastructure Ireland (TII) in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred your question to TII for direct reply.  Please advise my private office if you don't receive a reply within 10 working days.

The referred reply under Standing Order 42A was forwarded to the Deputy.

Tourism Promotion

Ceisteanna (892)

Brendan Griffin

Ceist:

892. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if County Kerry will be included in a strategy (details supplied); and if he will make a statement on the matter. [26810/16]

Amharc ar fhreagra

Freagraí scríofa

My Department's role in relation to tourism lies primarily in the area of national tourism policy.  It is not directly involved in the management or development of individual tourism projects, which are operational matters for the Board and Management of Fáilte Ireland.

Fáilte Ireland is the contracting authority in respect of the draft report to which the Deputy refers, entitled "Shared Strategy to Maximise the Economic Growth of Cruise Tourism across the Island of Ireland".

Accordingly, I have referred the Deputy's question to Fáilte Ireland for direct reply.  Please contact my private office if you have not received a response within ten working days.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

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