The chaos over new rules for learner drivers shows the mammoth task facing the RSA, writes David Labanyi
Listening to the Minister for Transport explain the deferral of new rules for provisional drivers last weekend, while Sunday newspapers ran large ads from the Road Safety Authority (RSA)explaining the new rules, neatly encapsulates the tension between road safety policy and politics.
Last week, Mr Dempsey sat in his office in Leinster House and told The Irish Times that he was aware that proposals to immediately require the 122,000 drivers on a second provisional to be accompanied would cause difficulties, but said the measure was necessary to improve road safety.
The following day, flanked by an Taoiseach Bertie Ahern and the Minister for Justice Brian Lenihan, Mr Dempsey explained the rules would simply bring drivers on a second provisional licence into the same enforcement net as all other provisional drivers, by requiring them to be accompanied. It seemed no big deal.
However, the problem is that this enforcement net is cast so irregularly and catches so few that the vast majority of inexperienced drivers ignore it.
The Minister tried to assuage concerns by devising a formula of words to explain how enforcement of the new rules would be "discrete" for the first few months without actually saying that the enforcement would be similar to the non-rigorous enforcement provisional drivers have come to rely on.
An indication of the extent to which the unaccompanied driving rule is enforced can be gleaned from the Courts Service.
It said yesterday that 2,452 cases of driving unaccompanied or without L-plates under Section 20 of the Road Traffic (Licensing of Drivers) Regulations 1999, came before the courts during the first 10 months of this year, or around 300 a month.
The Minister did not strike the right balance and worried provisional drivers panicked. On Friday morning, they were calling radio shows, the RSA and newspapers seeking clarity.
The Minister failed to alleviate the confusion during a radio interview with RTÉ, and over the weekend the issue descended into near farce as the Garda and the RSA tried to clarify exactly what level of enforcement drivers would face this week.
On Sunday, the Minister capitulated and delayed the introduction of the new rules until June 2008. As a result, drivers on their second provisional can legally drive unaccompanied until June next year.
Mr Dempsey said he delayed the measure for two reasons: "Firstly, there is strong support for the proposed reforms to improve road safety. Secondly, there is a strong desire for a reasonable lead-in time to enable people to prepare for and take their test or to make alternative arrangements."
He has pledged to make available all the necessary resources to the RSA to ensure all drivers on a second provisional are able to access a driving test before next June.
However, despite the postponement of the new rules for second provisional-licence holders, a number of small changes have come into force since yesterday.
All drivers applying for their first licence will now be given a learner permit instead. Drivers holding a first permit will be required to be accompanied by a driver who has held a full licence for a minimum of two years.
Drivers whose first provisional licence expires after this week will be given a second learner permit and holders of these are also entitled to drive unaccompanied up until June 30th, 2008. After this date, all provisional and permit holders will have to be accompanied by a driver holding a full licence for a minimum of two years.
The logic of removing the exemption for drivers on a second provisional remains untarnished: it is ludicrous that a driver on a second provisional can take a driving test, fail and drive home alone, despite having been deemed unfit to drive.
It also remains ludicrous that after 10 years of a resource-rich Fianna Fáil-led Government, the length of the waiting list for a driving test remains so long as to deter drivers from applying.
Despite the RSA saying average waiting times for a driving test have fallen - and stand at an average of 18 weeks - for many the wait remains inexcusable.
The Government's stated objective is that no learner driver will have to wait longer than 10 weeks from next March.
Alan O'Brien (23) has already waited 40 weeks to sit his driving test for a second time in Wicklow, having waited 51 for his first test. A second provisional-licence holder, he is reliant on his car to get to work.
Many provisional drivers told this newspaper they would have taken down their L-plates had the Minister gone ahead with the new rules.
Yesterday, the RSA held an emergency management meeting to discuss the fall out from the mess at its headquarters in Ballina, Co Mayo.
The RSA has sought to put a positive spin on the weekend's events, saying that awareness of the problem of provisional drivers has been raised.
Privately, however, it is accepted that the RSA's credibility has been damaged.
The row between road safety policy and politics has echoes of the bitter frustration expressed by Eddie Shaw as he left his post as head of the National Safety Council, which had responsibility for road safety prior to the formation of the RSA. The political will to take the hard choices on road safety was not there, he said.
The credibility of the new Minister for Transport has suffered and he appears to have either significantly misjudged the public reaction to his proposals or lacked the courage to stand his ground, neither of which will assist him when bringing forward other controversial measures from the road safety strategy.
It also remains to be seen how successful the RSA will be in handling the surge in applications for a driving test over the coming months.
The pledge to reduce the driving test waiting list has also placed driver testers employed by the RSA in a strong industrial-relations position, many of whom remain unhappy with the involvement of a Swiss firm, SGS, in driver testing.
This firm recently won a second contract to test a minimum of 100,000 drivers, with an option to increase that contract in batches of 10,000, depending on demand. The RSA has indicated that the number of tests handled by SGS might spiral from 2,000 tests a week to 8,000 a week if required.
However, as reported by this newspaper in August, this option is not without its problems and the SGS testers were required to take extra training after an internal RSA audit found inconsistencies in the way they were conducting and marking driving tests.
A final outcome from the controversy is the boost it will give to powerful interests who are likely to oppose a reduction in the drink-driving limit. They will take succour from events over the weekend.
What you need to know about the new learner permit
So what exactly has changed this week? Since October 30th all drivers applying for their first licence will be given a learner permit.
So what's the point? Is it just a name change?No. Since yesterday (October 30th) only a driver holding a full licence for over two years can accompany these drivers. This accompanying full-licence holder is liable to be breath tested as if they were behind the wheel and they must hold a licence for the category of vehicle being driven.
Anything else?Yes. A first-time permit holders must have held the permit for six months before they can take a test.
Why?According to the Road Safety Authority, this will allow them to gain some experience.
What changes for other provisional drivers?Not a lot until June 30th next year. Drivers on their first, third or subsequent provisional must be accompanied by anyone with a full licence.
What happens next June?Then only drivers with a full licence for over two years can accompany a provisional driver or learner permit holder.
What happens to existing provisional licences?They remain valid until expiry, at which point the holder is given a learner permit. A driver on a first provisional will be given a second learner permit, to reflect their driving experience.
Can a driver on a second provisional still drive unaccompanied?Yes. Thanks to the row last weekend, they can drive freely and unaccompanied until June 30th next. After this date they will have to be accompanied.
Will a holder of a second provisional be fast-tracked for a driving test before next June?According to the RSA, yes. Someone reliant on their car should contact the RSA requesting an urgent test.
Can I apply to the test centre with the shortest waiting time, even if I don't live anywhere near it?Yes.
Must learner permit holders display L-plates? Yes. All learner permit and provisional licence holder are required to display rectangular signs of the letter "L" not less than 15cm high, in red on a white background in clearly visible vertical positions on the front and rear of the vehicle. Failure to do so becomes a separate offence next June.
How many cases of unaccompanied driving come before the courts?According to the Courts Service, roughly 300 a month, although it is not known how many result in convictions.
Will the learner permit system apply to all licence categories?Yes.
Is my insurance invalidated if I am driving unaccompanied and I have a crash?According to the Irish Insurance Federation, if you are driving unaccompanied and crash, your insurance will definitely cover damages from the other motorist and probably yours too, but check your policy. However, the rules on this may change in the coming months.
Are there insurance implications for learner permits?No, the system will be the same as that for provisional-licence holders.
Can a motorcyclist on a provisional licence or learner permit carry a passenger?No. Since October 30th, 2007 this is a penal offence.
From what date must a learner motorcyclist wear the letter "L" on a yellow fluorescent tabard?From December 1st, 2007.
o For more details visit the Road Safety Authority website: www.rsa.ie
o To find out the waiting time for a driving test in your area visit: www.drivingtest.ie