Dáil debates

Wednesday, 17 October 2018

Road Traffic (Quads and Scramblers) (Amendment) Bill 2017: Second Stage [Private Members]

 

3:35 pm

Photo of Jim DalyJim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank Deputies for their contributions to the debate. While I wholeheartedly agree that the scourge of adults and minors misusing scramblers and quad bikes in public parks must be dealt with, I do not think the solution to the problem involves broadening the definition of a "public place", as defined in the Road Traffic Acts, to include public parks. If we were to change the definition which is a cornerstone of all road traffic legislation, it could have incalculable consequences such as the mounting of legal challenges to prosecutions under the Road Traffic Acts, particularly in the area of intoxicated driving. If we were to extend the definition of a "public place" to allow An Garda Síochána to detain vehicles under section 41 of the Road Traffic Act 1994, it would have a contradictory effect on a number of other sections of the overall Road Traffic Acts, thereby increasing the danger of challenges to road traffic legislation being mounted and undermining the enforcement of that legislation and subsequent prosecutions under it.

I believe the approach being taken by the task force established under the auspices of the Department of Justice and Equality is the correct one. The Department, An Garda Síochána and the local authorities are represented on the task force which is tackling the misuse of scramblers and quad bikes by a number of means, including enhanced enforcement measures, education, awareness-raising, relevant legislation and the potential use of designated facilities where such vehicles could be used in a safe environment. I welcome the news that local authority road safety officers are about to mount a campaign to urge parents not to purchase scramblers or quad bikes for their children for Christmas. The Road Safety Authority is always willing to engage with stakeholders to help to raise awareness and educate people on the issue of road safety, on which it will campaign in the run-up to Christmas. Although the misuse of scramblers and quad bikes in public parks must be tackled, it is not appropriate to use the Road Traffic Acts to do so. I look forward to the review of criminal justice and public order legislation and the departmental task force's review of educational and other measures. The reviews will determine what further measures may be necessary to assist in curbing anti-social activity involving the use of scramblers and quad bikes.

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