FOURTEEN INSPECTORS hired to check that lorry and bus drivers are not spending too many hours behind the wheel are unable to start enforcing the law, because a legislative delay means they have no powers.
The problem stems from when responsibility for the enforcement of road transport law - inspecting tachographs, checking commercial drivers' working hours and general compliance with the Road Transport Working Time Directive - was transferred to the Road Safety Authority (RSA) in September 2006.
Although the responsibility was transferred, the legislative authority was not, meaning that, having recruited and trained 14 new transport officers, the RSA cannot warrant them to carry out their enforcement functions.
The issue was raised at a recent RSA board meeting and prompted its chairman, Gay Byrne, to write to the Minster for Transport Noel Dempsey, calling on him to address the situation urgently.
Transport officers are required to carry out roadside inspections of lorries and buses along with gardaí, and also to visit the offices of haulage firms to inspect tachograph records to ensure firms and drivers are complying with the law.
However, during the current hiatus, they are prevented from doing this, and can merely shadow the three existing inspectors and gardaí. The State is obliged under an EU directive to carry out a minimum number of roadside and premises inspections into drivers' hours and rest periods every year.
The New Road Safety Strategy 2007-2012 sets a target of at least 1 per cent of the records of lorry and bus drivers, with this increasing to three per cent by 2010, in line with the requirements of the European directive. The number of transport officers was increased to allow the state to meet these targets. Remedying the problem is expected to require primary legislation.
The RSA has also written to the department seeking a revised pay rate for five engineers required for commercial vehicle inspections. To date, the RSA has been unable to attract staff suitable for the roles.
