State faces legal threat over roads

The Road Safety Authority (RSA) has warned that an increase in the proportion of fatal crashes caused by road conditions has exposed the State to legal actions.

In correspondence with the Department of Transport, the RSA said fatal collisions caused primarily by the condition of the road have risen in each of the four years to 2008 from 1.2 per cent to 5 per cent of all road fatalities.

During this period, the quality of the road network has improved with motorway and bypass projects reducing traffic volumes at numerous so-called crash black spots. “The 5 per cent figure for 2008 is of concern, especially in light of the upward trend since 2005,” the RSA said in a letter to the department earlier this year and released under the Freedom of Information Act. “I also anticipate that there will be increased litigation arising out of collisions where road factors are the main contributory factors,” warned RSA chief executive Noel Brett in the letter.

Among the road factors that can contribute to a crash are worn or obscured markings or signs, poorly designed junctions and a damaged or an incomplete surface. The RSA also voiced concern about weaknesses in an inspection system designed to ensure fatal crash sites are visited by an engineer within 48 hours to ensure any problems are identified and necessary engineering works carried out quickly.

“Unfortunately this system does not appear to be working as well as it might and I am increasingly concerned about the number of collisions where road factors are contributing to the collision,” Brett told the department. He noted there were “inherent conflicts” in expecting local authority engineers to review sites within their own council area.

Despite this, he said it remained “imperative” that the site of fatal crashes were inspected by engineers and appropriate action taken.

The RSA also highlighted disparities in crash reporting practices by local authorities.

County councils in Sligo and Kerry have returned all engineering reports on fatal crashes in their area. However, local authorities in counties Waterford, Wexford, Leitrim, Westmeath and Longford have failed to return any reports.

In remaining counties, local authorities have returned only a proportion of crash report forms.

This “clearly illustrates the disparity in engineering reviews of collisions,” the RSA says.

To address this, the RSA has proposed establishing a national engineering collision unit. This unit could be managed by the National Roads Authority or another independent organisation.

In a hint at growing RSA frustration over the issue, Brett pointedly notes that he first raised this issue with the department in early 2008.

A spokesman for the Minister said last night that the department has arranged a meeting between the NRA, the RSA and relevant officials next week to discuss the matter.

Separately, the deaths of three young people in collisions where it is alleged temporary road surfaces were at least partly responsible will be discussed by the Joint Oireachtas Committee on Transport today.