Mary Butler (Waterford, Fianna Fail) | Oireachtas source

The purpose of this Bill, introduced by Fianna Fáil, is to tackle the scourge of scrambler bikes, the owners of which are terrorising communities. Between 2014 and the end of 2017, a total of 39 people lost their lives on scramblers and quad bikes. Three in four of those individuals were children. I was shocked when I discovered that 39 people had died in the space of four years. In 2017 alone, 62 people were injured in accidents involving quad bikes and scramblers. These bikes can be dangerous. They may not have very large engines but they have a high power-to-weight ratio because they are so light.

While gardaí do their best to police the use of these bikes, it must be noted that there is legal lacuna in respect of them because the road traffic legislation is not applicable to green spaces and parks where they are most commonly used. The Garda has warned of an epidemic of the use of motocross and quad bikes among teenagers. Reports have surfaced of children as young as six years old operating these vehicles. If a six year old was behind the wheel of a car, would we adopt the same attitude? Even when gardaí see a bike being driven in an illegal manner on public roads, the driver simply drives off the road and prevents them from taking any action. This Bill will address the fact that existing road traffic laws do not apply in the areas to which I refer.

When used on private property, these vehicles do not require tax discs or insurance under current law. They are supposed to be taxed and insured when used on public roads, however, so the Bill does not create a new requirement for legitimate users. For the first time, the Bill will make it an offence to ride a quad or scrambler bike in a public place in an antisocial manner. This will allow gardaí to seize bikes that are being ridden in a threatening or annoying manner. They can then be disposed of in accordance with the relevant laws. We believe this will effectively clamp down on the all too common practice of riding quad and scrambler bikes around parks, housing estates and green spaces in a way that threatens and endangers local residents. It is unfair that residents are terrorised by those using these vehicles and are unable to enjoy their local amenities. Furthermore, allowing gardaí to seize quad and scrambler bikes that have been sold or supplied to children will protect children, particularly as it is they who are very often involved in scrambler bike accidents. Of the 39 people who lost their lives on scrambler bikes between 2014 and 2017 - an appalling number - three quarters, or 30, were children.

There were also reports recently of stolen scrambler bikes being ridden at high speeds on pavements and footpaths. A man sunbathing in a park in north Dublin last year was struck by a bike and lost his left eye and suffered multiple fractures. If accidentally struck by one of these bikes at high speed, there is a much greater risk of high-impact spinal and back injuries than from activities such as playing soccer or trampolining. That is according to orthopaedic surgeon and motorcycle rider Keith Synnott. When walking in the woods near my home, I have encountered scrambler bikes that were operated by adults in a safe and responsible manner. I wish to make it clear that this Bill targets those who are not responsible. Plenty of users are responsible and enjoy using these bikes.

The Bill does not create new requirements for quad and scrambler bikes that are used solely on private property such as farms. The Minister, Deputy Ross, referred to the impact what is proposed would have on farms but it does not have an impact on them.

The Bill will increase the penalties for supplying these bikes to underage people. It is simply irresponsible and reckless to supply these bikes to children. The Bill will increase the maximum fine for doing so to €5,000. It will also allow gardaí to seize a bike that has been illegally supplied.

The Bill directs the Minister to establish a national vehicle register for these vehicles to increase the accountability of their owners. Too often, quad and scrambler bikes are not registered to an owner, which makes it difficult for the Garda to enforce the laws relating to them. The Bill will require the Minister for Transport, Tourism and Sport to introduce regulations to allow the Garda to remove such bikes from the curtilage of a home. This increased accountability and transparency will have a positive effect for the owners and operators of quad bikes and, hopefully, will result in a reduction in the number of deaths and injuries.

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