Written answers

Tuesday, 12 June 2018

Department of Transport, Tourism and Sport

Proposed Legislation

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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1093. To ask the Minister for Transport, Tourism and Sport the status of proposed legislation to deal with issues concerning scramblers and quad bikes in Dublin. [25110/18]

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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My role in relation to the regulation of scrambler bikes, quad bikes and other similar small vehicles falls under Road Traffic legislation, and relates solely to their use in a public place. It does not extend to private properties, or to public parks which are under the jurisdiction of local authorities.

For the purposes of the Road Traffic Acts, a "public place" means any public road, and any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge.

Scramblers, quad bikes and similar vehicles are mechanically propelled vehicles, which means that they are vehicles intended or adapted for propulsion by mechanical power. As such, under Road Traffic legislation, the user of a vehicle in a public place must have insurance, road tax and a driving licence, and must also wear a helmet, with severe penalties (including fixed charge notices, penalty points, fines and possible seizure of the vehicle) for not being in compliance with these requirements.

Scramblers and quads are also subject to the requirements of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996. These regulations prescribe standards in relation to essential matters such as brakes, steering, mirrors, safety glass, wipers, headlamps, rear lighting, indicators and reflectors.

Although my Department has attended the recent working group convened by the Department of Justice and Equality, there are no indications that any changes will be required to what is already a comprehensive suite of road traffic legislation. Enforcement of this legislation is entirely a matter for an Garda Síochána.

The use of such vehicles in parks is outside the remit of this Department; it is a matter for the local authorities to introduce bye-laws prohibiting their use in areas under their control, while the framework legislation for such bye-laws is a matter for the Department of Housing, Planning and Local Government. In light of the very serious incident which occurred last week, regarding the use of a scrambler in such places, it is hoped this matter will be given urgent attention by all parties.

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