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

I thank Deputy Catherine Byrne for raising what I know is an important matter in her constituency. My area of responsibility relates to the legislation concerning the use of motor vehicles in public places. This includes the use of dirt bikes or scrambler bikes in public areas. Enforcement of the relevant legislation, including addressing any illegal use of a mechanically propelled vehicle, is a matter for An Garda Síochána.

The use of vehicles is subject to the relevant requirements of road traffic legislation. The Road Traffic Act definition of a “public place” includes 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. Based on the definition of a "public place" and a "mechanically propelled vehicle" in road traffic legislation, the Garda is satisfied that it has the necessary powers to deal with the misuse of such vehicles in public places. These powers allow the Garda to stop such vehicles in a public place and demand production of a licence or learner permit. In specific response to a point the Deputy made regarding whether the Garda has the legal ability to stop a vehicle, the view of my Department is that the current road traffic legislation gives it the power to stop such vehicles in a public place and request production of a permit or licence. I accept that having the legal ability to stop a vehicle does not get around the practical difficulty of trying to stop a person who is riding illegally and dangerously in a public place. The Deputy made the specific point on the law in the area and I wanted to confirm that to her.

The Deputy correctly pointed out that if the engine capacity of the motor bike is below 50 cc, the minimum age to hold a driving licence is 16 years. If it is above 50 cc, then the minimum age is 17 years. In addition, the Garda may inspect the vehicle for compliance with vehicle standards legislation. Road traffic law makes it an offence to drive without reasonable consideration, to drive carelessly or to drive dangerously. The Garda has informed me that any of these charges could be brought, where appropriate, in circumstances of misuse. In certain circumstances where the misuse of these vehicles involves criminal damage, a prosecution can also be brought under the Criminal Damage Act, if appropriate. The Garda also has powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994 and the regulations made under that section, SI 460 of 2011.

It appears to me, but I am happy to clarify the matter further for Deputy Byrne, that the powers do exist to deal with the matter that she has raised. I am not sure at this point if any further change to the law is required, although I would be happy to hear the Deputy's input in the matter. Based on my Department's consideration of the matter and the engagement we have had with the Garda Síochána, the law in regard to licensing, ability to stop and if need be, to remove a vehicle, does appear to be in place, but I do accept there are challenging matters in terms of the enforcement of the law given the behaviour to which the Deputy referred.

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