Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 1205: To ask the Minister for Transport the talks he has had with the Department of the Environment, Heritage and Local Government on changes needed in legislation to allow gardaí to take what they consider dangerously defective vehicles to the closest national certificate test centre and not a centre within 20 kilometres which is the current limit and which is not a criteria that every rural town and village can fulfil; and if he will make a statement on the matter. [2686/07]

Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 1206: To ask the Minister for Transport his views on expanding the power of the gardaí to enable them to seize cars which they believe are not legally on the road due to the addition of parts not in compliance with the national car test certificate of the car and to ensure that, on seizing these cars, gardaí have the power to have them tested at the nearest NCT or by their own experts; and if he will make a statement on discussions he has had with the Department of the Environment, Heritage and Local Government on this matter; and if he will make a statement on the matter. [2689/07]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 1205 and 1206 together.

A member of the Garda Síochána has power under section 20 of the Road Traffic Act 1961 and Regulation 21 of the European Communities (Vehicle Testing) Regulations 2004 to inspect and examine a vehicle which he or she suspects has a defect that makes it a danger to the public and on being satisfied, following the carrying out of such an inspection and examination, that it is a danger to the public, to prohibit its use in a public place until the defect has been remedied. There is no requirement that such an inspection must take place at a particular place such as a vehicle service garage, a NCT centre or a premises of an authorised tester. It is understood that in most cases the inspections and examinations are carried out in the immediate vicinity of the place at which a vehicle was stopped by the Garda Síochána. However, to assist the Garda Síochána in carrying out an inspection and examination of a vehicle suspected of having a serious defect, a member of the Garda Síochána is empowered under the above-mentioned provisions to do all such things and make all such requirements as are reasonably necessary including requiring that the vehicle be brought to a convenient suitable place, which may not be more than 8 kilometres away in the case of a passenger car and 20 kilometres in the case of a commercial vehicle, to carry out the inspection and examination. I am satisfied that the existing law in this area is adequate to enable the Garda Síochána to deal effectively with defective and unsafe vehicles and I have received no communications from the Garda authorities to suggest otherwise. I have had no discussions or consultations with any Minister in relation to changing the law in this area.