A 15-year-long government 'stop-gap' would be put to rest with the introduction of driver tester regulation, says David Labanyi
The proposal to set up a statutory register of driving instructors run by the Road Safety Authority, revealed last week, should end almost 15 years of government dithering on how best to regulate this vital sector.
Once established, a learner driver will be able to check an online database of fully qualified instructors. Crucially, to join the register an instructor must be "a fit and proper person" to train a young person how to drive.
The problem with the current system that allows anyone place an ad in a paper and call themselves a "driving instructor" have long been apparent to government. As a stop-gap measure, the government asked the industry to set up a voluntary register in 1991. It has been funding this register since 1996 while it decided what to do next. This stop-gap has lasted over 15 years.
The reason it has taken so long to get to this point is a cause of frustration for many in the industry and reflects the fact that for years, the Department was unsure how best to regulate this crucial area of driver training.
Because joining the Driving Instructor Register (DIR) is voluntary, only 1,350 driving instructors out of the estimated 2,100 giving driving lessons for reward in the State are registered. The numbers actually working in the sector are approximate because no one knows the true figure.
Secondly, despite regular requests from the DIR chairman - Des Cummins - An Garda Síochána refuses to carry out background checks on DIR driving instructors because it is not a statutory agency.
Both of these weaknesses will be addressed when the RSA establishes the new register. However, Cummins notes that the plan - which is open to public consultation until September - is "an exact replica of the system used by the DIR. It has just taken 15 years to produce.
"The confusion with this area was instigated by the Department, who for years said they didn't have the expertise to do it [regulate driving instructors] and that they didn't want to do it.
"They were looking at either contracting it out to the private sector or setting up a public private partnership. In fact a lot of work was undertaken up until 2003 for that to happen.
"They had decided to go for a PPP and had drawn up the plans although these never left the Department. But then everything stopped when Brennan came in," Cummins says.
The then minister for transport Seamus Brennan decided to establish a State-run Driver Training and Standards Authority. However, this plan was strongly criticised by driving instructors who said the scope of the DTSA was too narrow. After a consultant's report upheld this view, the DTSA idea was shelved and the Department started work on bringing all road safety functions together into one agency, resulting in the formation of the RSA. The RSA plans to start registration for instructors in July next year with a target of having every driving instructor registered by July 2008.
However, Cummins believes this deadline is unattainable because more time will be required to set it up. He also feels existing driving instructors will quickly come under pressure as measures put in place to reduce the driving test waiting list result in more people seeking lessons.
The Minister for Transport said last week that "the days of just taking driving lessons from your mother, brother or relative on a quiet country road are over. People will have to take compulsory formal training."
Cummins estimates a provisional driver sitting a driving test has taken on average just five lessons, with many taking only a pre-test. "At the moment people who pass the test - the failure rate is 50 per cent - pass on experience rather than competence.
"We would recommend a minimum of 25 hours with a qualified instructor."
Driving instructors who have already passed the exams required to join the DIR are expected to be accepted directly into the new register, following a background check and a tax clearance certificate.
"This is vital. We have regularly asked the gardaí would they run background checks. If we get a query from an approved driving instructor from another country, and recently we have got quite a few, we have no way of checking their background.
"I don't want to be alarmist but within the hour's duration of a driving test a 17-year-old learner driver can be almost anywhere. Not enough parents are taking responsibility for their children's lessons," he said.
THE NEW REGULATIONS
Giving driving lessons for reward will become a criminal offence attracting a fine of €1,500 or a six-month jail term
From July 1st, 2008, every driving instructor must be registered
As part of their registration instructors will be subject to a Garda background check
To join the register instructors must pass a three-part exam on driver theory, driving skills and teaching ability
Instructors will be required to keep a record of all lessons and will face annual check-tests to ensure high teaching standards
The RSA will run all exams and check-tests for instructors
A complaints procedure will be set up for drivers dissatisfied with the quality of their lessons