Ivor Callely (Dublin North Central, Fianna Fail)

I thank Deputy Upton for raising this issue. I welcome the opportunity afforded to me to re-emphasise the risks and possible offences associated with the use by children of motorised mini-scooters and other small types of motor propelled vehicles. The Government's concern over protecting young people from the improper use of motor vehicles predates this debate. The Road Traffic Act 2004, which was enacted before Christmas, makes it an offence to supply a mechanically propelled vehicle to a person under 16 years of age. With effect from 24 January 2005, a person convicted of supplying a vehicle to a minor faces a fine of up to €3,000 or a term of imprisonment of up to six months or both.

It is important that it be widely known that mini-motorised scooters, micro-motorcycles and quadricycles come within the definition of a mechanically propelled vehicle for road traffic law purposes and that supply includes giving a gift. As a result, it is illegal to supply such a vehicle to a person under 16 years of age. A range of requirements must be satisfied for both the vehicle and the driver to use a mechanically propelled vehicle in a public place. When in use in a public place a vehicle must comply with 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 the requirements for essential matters such as brakes, steering, mirrors, safety glass, wipers, headlamps, rear lighting, indicators, reflectors etc. Some of these small vehicles do not comply with one or more of these requirements and are, therefore, not suitable for use in a public place irrespective of the age of the driver.

A driving licence is required to drive a mechanically propelled vehicle in a public place. A person under 16 years may not hold a driving licence or a provisional licence. The minimum age for a driving licence for vehicles of category M, which covers mopeds and small motorcycles, is 16 years while for a category B licence, which includes quadricycles, the minimum age is 17 years.

It is a further requirement of road traffic law that to use a mechanically propelled vehicle in a public place the driver has third party insurance cover to meet personal injury and property damage caused by negligent driving. The penalties for breaches of the road traffic law in respect of these requirements are a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence and a fine of €1,500 or a term of imprisonment not exceeding three months, or both, in the case of a third or subsequent offence in a period of 12 consecutive months.

A person convicted of driving without insurance incurs five penalty points on his or her driving licence. Enforcement of the road traffic law is a matter for the Garda Síochána. In addition to the requirements of road traffic law, a mechanically propelled vehicle for use in a public place is required to be registered and liable to motor tax, which are matters for the Revenue Commissioners and the Minister for the Environment, Heritage and Local Government, respectively.

Road traffic law does not extend to the use of mechanically propelled vehicles in private property. It is, therefore, outside my remit to regulate or control the use of mechanically propelled vehicles in private property. There is, therefore, a wider dimension to this issue which has to be addressed by parents and guardians of children. I expect parents and guardians to act responsibly and with due diligence in the use of small mechanically propelled vehicles by children under their care.

The use of mini-motorcycles, scooters and quadricycles has increased substantially in recent years. They can be used on public or private roads. In an area which I visit farmers use quadricycles where heretofore they might have used a horse or tractor to cover rough terrain.

A quadricycle may be used mostly on private property except to cross a public road in travelling around that property. The law is quite clear on this, if the quadricycle is driven on private property that is a matter for the landowner. On public property, however, the issues I have outlined prevail, namely, the requirement to adhere to the various regulations in place.

I allowed my children to use these vehicles but had to ensure that they did so on private property. I concur with the Deputy's view on the potential for serious injury, particularly in light of the recent accident involving one. There is a wider dimension to this issue which parents and guardians must address. I will be happy to discuss this with the Deputy at some other time.

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