Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The Deputy has asked two specific questions, one about the adequacy or otherwise of the legislation currently in place and the other about vehicle seizures. The road traffic Acts empower An Garda Síochána to examine or seize vehicles. All members of An Garda Síochána fully enforce the legislation in the seizure, storage, release and disposal of vehicles. However, there may be one issue worth looking at in that context. As the Deputy said, An Garda Síochána does not have the power to retain a seized vehicle where the person concerned produces satisfactory evidence of ownership and has paid the relevant charge. It should also be noted that An Garda Síochána does not have any legislative power to deal with scrambler or quad bikes being driven on private land. However, local authorities have the power to introduce by-laws as they have done in respect of many parks. My colleague at the Department of Culture, Heritage and the Gaeltacht, Deputy Heather Humphreys, has similar powers to control off-road vehicles in certain areas. Unauthorised use of off-road vehicles is prohibited, for example, in certain national parks.

I am informed by the Minister for Transport, Tourism and Sport, Deputy Shane Ross that scramblers, quad bikes and other vehicles fall under the road traffic legislation when used in a public place. I am further informed, however, that the legislation does not extend to the use of such vehicles on private property or in public parks which are under the jurisdiction of local authorities or in national parks. In the case of the latter two, however, local authorities and the Minister Department of Culture, Heritage and the Gaeltacht are empowered to introduce appropriate by-laws.

These are the issues I am anxious to discuss with all of the agencies in order that we will be in a position to ensure best practice is applied across the board.

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