Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I thank Deputy Dowds for raising this important matter. It is an issue with which I am familiar in my own constituency and I understand the difficulties it can cause for residents. My area of responsibility relates to legislation concerning the use of motor vehicles, including scrambler bikes, in public places. Enforcement of the relevant legislation, including addressing any illegal use of a mechanically propelled vehicle in a public place, is a matter for An Garda Síochána. The use of mechanically propelled vehicles in a public place is subject to the relevant requirements of road traffic legislation. The Road Traffic Act definition is that "public place" means any street, road or other place to which the public has access with vehicles, whether as of right or by permission and whether subject to or free of charge.

The Garda has been contacted about the issue raised by the Deputy and has stated its view that it does have the necessary powers to deal with cases concerning the use of such vehicles in public places under the Road Traffic Acts. Based on the definition of a "public place" and "mechanically propelled vehicle" in those Acts, gardaí are satisfied that road traffic law applies in public parks and the powers granted to them under the Road Traffic Acts may be exercised there. Those powers allow members of the force to stop a mechanically propelled vehicle in a public place and demand production of a licence or learner permit. If the scrambler bike is below 50 cc, the minimum age to hold a driving licence is 16 years. For vehicles above 50 cc, the minimum age is 17 years.

In addition, gardaí may inspect the vehicle for compliance with vehicle standards legislation. The legislation makes it an offence to drive without reasonable consideration, drive carelessly or drive dangerously. The Garda Síochána is satisfied that any of these charges could be brought, where appropriate, in the circumstances of misuse to which Deputy Dowds refers. The Garda has further indicated that a prosecution could be brought in these circumstances under the Criminal Damage Act, if appropriate. Furthermore, gardaí have powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994 and SI 89 of 1995.

As the Garda Síochána is satisfied that the necessary powers exist to deal with the matters raised by the Deputy, it does not appear at this stage that any further legislative action is required.

If, however, Deputy Dowds has proposals concerning the implementation of existing laws, especially regarding public places or residential roads or where a law is not in place to deal with the matters he referred to, I would be glad to hear his specific points to see if I could be of further help.

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