Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Deputy Ellis for introducing this subject to the Dáil again. I am impressed by one thing, that is, the frequency with which this has occurred. It persuades me that there is genuine concern about it and that there is obviously a problem. I have received queries on the matter during Topical Issues, through questions and in the Seanad as well. The queries tend to come through councillors rather than Deputies and Senators. They are in situand they see the obvious concerns that arise. It seems to me that difficulties may arise. The powers are in place in theory. However, if they are not being enforced in practice, the Deputy has a point.

I will explain what I will do as a result of what he has said today. We need some solid statistics but I do not believe we have them. Certainly, I do not have them before me and I do not think the Deputy has quoted them – perhaps he can do so in reply. We need solid statistics with regard to the damage being caused, the number of accidents, the amount of vandalism, etc. I do not have the data to hand but perhaps that is my fault and I should have asked for it in advance. After the debate I will try to find out how real this problem is or whether it is only perceived because of the dramatic nature of what is going on.

Scrambler motorbikes and quadricycles are mechanically propelled vehicles. This means they are vehicles intended or adapted for propulsion by mechanical power. As such, irrespective of engine capacity, under road traffic legislation the user of a scrambler motorbike or quad bike in a public place must have insurance, road tax and a driving licence. The user must also wear a helmet. Severe penalties exist under road traffic laws, including fixed charge notices, penalty points, fines and possible seizure of the vehicle, for not being in compliance with these requirements.

Deputy Ellis asked a question related to the definition of a public place. For the purposes of the Road Traffic Acts, the definition is that a "public place" means 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. Road traffic law does not extend to the use of mechanically propelled vehicles on private property. Certain places, such as parks under the control of local authorities, can be subject to by-laws, which those authorities have the power to introduce, to prohibit the use of such vehicles.

The Road Traffic Act 2004 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 €5,000 or a term of imprisonment of up to six months or both. Mini-motorised scooters, micro-motorcycles and quadricycles also come within the definition of a mechanically propelled vehicle for road traffic law purposes. The supply of such vehicles includes giving a gift or loan. As a result, it is illegal to supply such a vehicle to a person under 16 years of age.

It should be noted that An Garda Síochána does not have any legislative power to deal with scrambler bikes being driven on private land.

Local authorities have the power to introduce by-laws to prohibit the use of vehicles in areas under their control such as parks. The Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs has similar powers to control off-road vehicles in certain areas. For example, the unauthorised use of off-road vehicles is prohibited in certain national parks.

Section 41 of the Road Traffic Act 1994 and the Road Traffic Act (Section 41) Regulations 1995 set out the law relating to the detention of vehicles by An Garda Síochána in a public place.

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