Dáil debates

Wednesday, 8 May 2019

Road Traffic (All Terrain Vehicle and Scrambler Motor-cycle) (Amendment) Bill 2019: Second Stage [Private Members]

 

8:15 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

It is a bit like déjà vubecause it is not that long ago that we were here discussing Deputy Ellis's Bill, which also sought to address the same concerns we are talking about tonight, namely, scramblers and quad bikes being used in inappropriate ways in places where they should not be, legally, and by age groups that should not be in possession of such vehicles. We also then spoke about the lack of adequate legislation, and where there is legislation the difficulty of enforcing it. In the previous debate we were all agreed on the concerns everybody had and there was a genuine desire on all sides of the House to try to sort it out. We agreed on the need for collaboration and consensus in order to bring that about. However, it did not happen and here we are again. In the meantime the situation is worsening.

Quad bikes and scramblers can be used in a very positive way by those who have them as functional vehicles for work on farms, beach patrols by lifeguards, by rangers and for use in other activities. Problems arise when they are used in a particular urban setting and most of that is associated with an anti-social element. The vehicles are off-road vehicles and they present problems in highly populated urban spaces, especially in open parks. Dublin Central has also seen fatalities, including one on Christmas Day a few years ago. Christmas morning does present particular problems because the parks and roads are generally much emptier, which presents an opportunity for those with scramblers and quad bikes to drive them at very high speeds. In the majority of cases, unfortunately, the users do not have safety helmets and they do not have documentation. There is an element of bravado involved because it is a form of ego trip and young people spur each other on to go even faster.

The Garda has some powers to stop and confiscate such vehicles. Gardaí have been very forthright at community policing forum meetings I have attended. They said they are cautious because they are aware of the dangers of giving chase, as sometimes that just fuels the activity because some young people want to be chased by the Garda. Gardaí must be cautious because there could be serious accidents and public safety must be at the core of their work. They have come in for criticism because they do not go after the young people involved, but I understand where they are coming from given the thrill bike riders get from being chased by the Garda. It is especially difficult on a Christmas morning when one can imagine the attempts of gardaí to take scramblers and quad bikes from young children who get them from Santy. I do not know what Santy is doing giving gifts of quad bikes. In many cases, it would cause even more mayhem if the gardaí went into some areas to try to take quad bikes away.

There is a need for a public awareness campaign so that young people become more aware. We have had public awareness campaigns for drink driving, seat belts and using mobile phones in cars, with a certain amount of success so perhaps something similar could be used in this regard. An awareness campaign for parents is important because I do not know why a parent would buy a small child a quad or scrambler. It is like giving them a lethal weapon because quads and scramblers are lethal. Neither do I understand how the vendors get away with selling them without having much better safety measures in place and without ensuring that a safety helmet is also purchased, at the very least.

When we were discussing Deputy Ellis's Bill I mentioned a successful project run by Dublin City Council with a motocross club on the Alfie Byrne Road. People could go to a designated area with their scramblers and quad bikes and it was supervised. Riders were not pursued and they had to wear safety helmets. We know that risk taking is part of being young and that would be one practical way of trying to minimise the risk.

It is sad to hear old people, or those who are not so old, say they are afraid to go into a public park because quad bikes and scramblers could be there and they are afraid of being knocked down. In reality, quad bikes and scramblers will be purchased but I do not think we should allow them to be sold to people aged under 18. There must be some way that those in the trade would have to prove that they are not selling them to people who are under 18. I accept that would be difficult to administer and implement. Does the penalty for supplying a vehicle to those aged under 18, with the possibility of imprisonment, include parents who buy them for children, not just the seller?

I am in favour of having designated areas for motocross in certain areas because such activity is associated with particular areas. An awareness of appropriate use is also important, as are the safety aspects that are needed, registration plates and some type of licence or test. There seems to be more regulation around jet skis than there is for quad bikes and scramblers. I would also like rickshaws to be included in the legislation. Would the Bill apply to mechanically propelled rickshaws? In general, rickshaws need to be addressed. Again, there is no licence, no test and no insurance. Some drivers are responsible but we have many examples of irresponsible drivers who do U-turns on very busy streets. In addition, they are undercutting the taxi industry. There may be a novelty element to it but taxi drivers are paying tax and insurance and other hefty bills as well.

I read a recent article by a garda on the use of quad bikes and scramblers, in particular among underage people. One garda described the situation as now reaching epidemic proportions. Children as young as six are found riding a motocross in public parks in Dublin. He also stopped teenagers under 18 and tested them for drugs and alcohol and the tests proved positive. Reports from Temple Street Hospital show young people have received life-threatening injuries connected with the use of quad bikes and scramblers. There must be an awareness that quad bikes and scramblers are not toys. They are heavy, dangerous pieces of machinery and they can cause life-changing injuries or death. Those issues are still not being addressed. We hoped for so much at the time we discussed Deputy Ellis's Bill because the Minister did seem to be concerned about taking on this issue. He addressed certain criticisms he had with the Bill but they have not yet been addressed and, in the meantime, the situation is worsening.

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