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Annual Report 2009(PDF) - Road Safety Authority

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The co-ordinated enforcement effort is designed to:<br />

• Enforce key road safety legislation requirements at<br />

strategic points of the road transport network near<br />

ports and border crossings;<br />

• Track the road safety performance of the road transport<br />

industry involved in cross border journeys;<br />

• Monitor the effectiveness of enforcement activities;<br />

• Increase awareness of the rules on driving times, breaks<br />

and rest periods, as well as tachograph requirements;<br />

• Remove unsafe drivers from the roads through<br />

prohibitions.<br />

• Enhance use of resources and increase deterrence.<br />

Strategic aspects<br />

The aim of the RSA enforcement strategy is to improve<br />

operators’ compliance with EU and national road transport<br />

legislation concerned with road safety and therefore<br />

contributing to the RSA’s mission of saving lives on the<br />

roads. This strategy is kept under ongoing review. The<br />

enforcement approach is intended to increase road safety by<br />

improving operator and driver compliance with the rules on<br />

driving times, breaks and rest periods, and tachograph<br />

requirements. Drivers’ work and rest hours are regulated to<br />

avoid driver fatigue. Driver fatigue impairs a driver’s<br />

cognitive and motor performance by slowing reaction times,<br />

reducing attention to the external driving environment and<br />

disrupting driving skills.<br />

Enforcing the legislation on operator licensing is also a key<br />

component of the range of legislation being enforced by the<br />

RSA. Training of enforcement personnel on new legal<br />

requirements and best practice in relation to enforcement is<br />

a priority for the RSA.<br />

During <strong>2009</strong>, the RSA strengthened its strong working<br />

relationship with An Garda Síochána in relation to road<br />

transport enforcement activities. The overall strategy put in<br />

place in relation to checks targets enforcement efforts on<br />

non-compliant operators while minimising inconvenience to<br />

law-abiding operators.<br />

The EU Directive 2006/22/EC deals with the enforcement of<br />

tachograph and drivers’ hours’ rules and obliges Member<br />

States to carry out a minimum number of roadside and<br />

premises checks per annum. Provisional data indicates that<br />

the State will exceed the overall target for <strong>2009</strong>. It also<br />

requires Member States to develop a risk rating system for<br />

transport undertakings based on the relative number and<br />

severity of any infringements of the drivers’ hours and<br />

tachograph regulations that an individual undertaking has<br />

committed. Rated operators are classified according to a<br />

colour coded system – Red, Amber, Green - respectively<br />

representing “Very Serious” “Serious” and “Minor” risk - on<br />

the basis of their relative compliance performance.<br />

Operators with a high risk rating will be subject to more<br />

frequent and intensive checks both at premises and at<br />

roadside checks. The RSA has developed such a risk system<br />

and it will be further developed in 2010.<br />

The various enforcement, educational and advisory<br />

measures being implemented by the RSA are designed to<br />

meet the <strong>Road</strong> <strong>Safety</strong> Strategy goals 2007 - 2012.<br />

Legislative Developments<br />

Work on updating the European Communities Working<br />

Conditions and <strong>Road</strong> <strong>Safety</strong> Regulation 2008 began in <strong>2009</strong><br />

and is still underway. The RSA also initiated the drafting of<br />

new legal provisions to give effect to EU Directives 4 and 5 of<br />

<strong>2009</strong> concerning the conduct of enforcement activities in<br />

relation to the regulation of drivers’ hours and tachographs.<br />

In addition, the RSA, in consultation with An Garda<br />

Síochána, prepared new legal provisions to establish a single<br />

report form to be used by members of An Garda Síochána to<br />

record enforcement activities relating to tachographs,<br />

drivers’ hours and technical roadside checks. The RSA also<br />

submitted proposals for new legal provisions to provide for<br />

the mutual recognition of tachograph exemptions that apply<br />

in Ireland, UK and Northern Ireland. In addition, the RSA<br />

liaised with the Department of Transport on the<br />

development of a fixed penalty charge system in relation to<br />

road transport-related offences and the associated complex<br />

legal issues which must be addressed prior to the<br />

introduction of any such system.<br />

46

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