The Fianna Fail spokesman on sport has told the Dáil the way the minimum passing distance for cyclists is being introduced will not be popular with the judiciary.
Dáil told judges won’t like how cyclist safe pass law is being introduced
A Dáil debate on road safety has been told the judiciary will not like how the new minimum passing distance for cyclists is to be introduced.
Minister for Transport Shane Ross TD has said he plans to bring in the new measure by statutory instrument.
That means he can introduce the legal obligation for drivers to pass cyclists at a distance without need Dáil approval.
Instead, using powers vested in Cabinet ministers he can introduce the new measure himself, by way of statutory instrument.
And once the measure is added to existing legislation it will mean motorists will face fines and penalty points if they breach the news safe pass distance.
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On roads where the speed limit is under 50km per hour, motorists will be obliged to leave 1 metre distance when passing cyclists. And on roads with a higher speed limit the distance will be 1.5 metres.
But Kevin O'Keeffe TD, a Fianna Fail deputy from Cork East and party spokesman on sport, has told Shane Ross judges won’t like the bypassing of Oireachtas approval for the new measure.
He also suggested he had been approached by lobbyists on the motor sector on the issue. But he did not expand on that point.
“In principle I have no problem in regard to the requirement of 1.5 m clearance for cyclists,” he said.
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“However, the Minister is bringing it in by statutory instrument, and he will have to accept exceptional circumstances.
“I will give a typical example. On a rural road, a motorist may be approaching a cyclist from behind, unbeknownst to the cyclist.
“The cyclist sees a pothole, swerves out, and the motorist hits him. There are no witnesses.
“Straight away, the statutory instrument says that the motorist is wrong, because he did not maintain a clearance of 1.5 m.
“How are these issues of road safety going to be addressed by a statutory instrument? Judges will be against it.”
However, Ross said he was determined to press on with the issue, adding a lot of work had gone into it. And he also believed it would save cyclists’ lives.
Safe passing distance not complex
He said the statutory instrument was already prepared and sent to the Office of the Parliamentary Counsel. He hoped for progress very soon as he did not believe the safe pass measure it would introduce was complicated.
“It will be, as announced, a distance of 1.5 m for those travelling in excess of 50 km/h. And 1 m for those travelling below that speed. It will not be any more complicated than that,” he said.
“The reason for it is that cyclists' lives are at stake and they are as important as the lives of others. We want to send them a clear signal that we want to save their lives.
“The number of deaths went up from ten to 15 last year. That is a really serious increase which we should feel obliged to address, and that is what we are doing.
"In answer to… why this is being done by statutory instrument, that this is the normal way overtaking legislation is implemented. It is not done by primary legislation.”
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