Criticism of lenient penalties on bus and truck operators by RSA

The Road Safety Authority (RSA) has criticised some district court judges for imposing "unduly lenient" penalties on bus and truck companies and drivers for breaching road traffic laws.

Driver fatigue could play a role in a fifth of all road deaths every year in the Republic, the chief executive of the authority, Moyagh Murdock, has told The Irish Times.

The authority, she said, “works hard with the gardaí to ensure that trucks and buses, being used on the road, are not being driven by drivers who are in danger of falling asleep at the wheel”.

In an unusual intervention, she particularly criticised “the small fines” that were imposed in proceedings taken by the authority against two Kerry-based coach operators.

The move brings the RSA into conflict with the Irish Coach Tourism and Transport Council of Ireland, which argue that driving hours regulations should not apply to its members.

Tourist

In one case involving 10 charges against

Kerry Coaches

Ltd, of Woodlands Industrial Estate,

Killarney

, the solicitor for the coach company told the court the regulations were designed for heavy goods vehicles, not for tourist coaches.

Tour operators are seeking to have the regulations changed at national and European Union level, Judge James O'Connor was told.

Imposing fines totalling €450 on two summonses, the judge took the other counts into consideration, saying: “This company has an exemplary record. The regulations are difficult.”

Following the case, Ms Murdock expressed "concern and disappointment" about the level of fines imposed, noting that one of the company's drivers had been driving continuously for 44 days.

Risks

In another case, Dero’s

Coach Tours

Ltd, of Main Street, Killarney, pleaded guilty to five counts of breaches of the laws, in which the maximum fine was €5,000 on each count.

The company was ultimately fined €300 on a charge of failing to produce records and €200 for causing or authorising a driver to make use of another driver’s card. The three other counts were taken into consideration.

Commenting on the cases, Ms Murdock said it was “very worrying that relatively small fines” were imposed by the District Court: “Life-saving laws are there to protect the public from such risks. Imagine a 46-tonne articulated truck, coming towards you at 80km/h with a drowsy driver behind the wheel. Or the driver of a bus, with 50 to 60 passengers on board, fighting to stay awake at the wheel.”

However, Kevin Traynor of the Coach Tourism and Transport Council said efforts were being made to have the rules changed. Often, a driver's hours are counted as working time while the coach is parked and the passengers are not on-board. He said the council was lobbying Government and the EU on the issue.

The RSA prosecutes about 180 firms per year. The authority says prosecution is “a last step”and it prefers to educate rather than prosecute.