Dáil debates

Wednesday, 30 September 2015

Topical Issue Debate

Road Traffic Legislation

1:00 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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I thank the Ceann Comhairle for giving me the opportunity to raise this important issue. The issue of dirt bikes has plagued not just my community but communities across the country. People are now being seriously injured because of the reckless behaviour of some youths. During the summer I was contacted by residents of Rossmore Park in Ballyfermot, who expressed grave concerns in respect of the use of dirt bikes by youths in the area in terms of the noise that is generated and, most importantly, the risk to public safety.

I contacted the Garda locally to highlight the problem and Sergeant Gwen McKenna of the Ballyfermot Garda station provided a comprehensive response for which I am very grateful. I commend the report which was well laid out and emphasised the problems the Garda is experiencing. The report stated that the Garda is aware of the problems with dirt bikes locally but has real difficulty determining if a person is compliant with road traffic legislation. A licence is required where the motorcycle engine capacity exceeds 49 cc. However, a garda cannot determine the engine capacity without physically stopping the youths, which is nearly impossible in many cases. A number of months ago in Ballyfermot a member of An Garda Síochána was seriously assaulted when trying to seize dirt bikes. This has become a serious issue in the area and needs to be addressed as a matter of urgency. I understand the legal requirement to hold a licence only applies to public places as defined in the Road Traffic Act. However, dirt bikes are mainly used on waste ground, in fields, and, in recent months, on walkways near the canal, which are not defined as public places and, therefore, the legislation does not apply. The sad reality is that many youths on dirt bikes completely ignore the law and have no regard for local gardaí, regardless of whether they are in a public place or anywhere else.

Gardaí cannot access places because the vehicles are made to drive over rough terrain, which makes it difficult for officers to follow them. It makes their job twice as hard when they are pursuing three or four of them fleeing the scene at the same time. Gardaí have told me that some of the users are as young as eight and have no understanding of the rules of the road. When gardaí call to their parents, it can be quite difficult to get any response regarding their children's use of these dirt bikes.

Gardaí regularly visit local schools to explain the dangers of dirt bikes and to talk about road safety but, unfortunately, their advice often falls on deaf ears. Each year we provide money for youth projects, community development, youth clubs, GAA clubs and football clubs, and yet many of the youths who are involved in riding dirt bikes do not attend any of these projects or are not interested in confining themselves to being involved in these clubs.

The Garda is doing what it can but its hands are tied because of the limit of legislation governing dirt bikes. That is why I am asking the Minister to consider amending the road traffic legislation to see what might be done to address the problem before somebody is seriously hurt.

Last week I witnessed an incident near Blackhorse Bridge in Inchicore where two elderly people were walking home from getting their messages and were nearly knocked over by a youth on a dirt bike entering through the exit to their senior citizen complex. This is a very serious issue and it needs to be addressed. I look forward to the Minister's response.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I thank Deputy Catherine Byrne for raising what I know is an important matter in her constituency. My area of responsibility relates to the legislation concerning the use of motor vehicles in public places. This includes the use of dirt bikes or scrambler bikes in public areas. Enforcement of the relevant legislation, including addressing any illegal use of a mechanically propelled vehicle, is a matter for An Garda Síochána.

The use of vehicles is subject to the relevant requirements of road traffic legislation. The Road Traffic Act definition of a “public place” includes any street, road or other place to which the public has access with vehicles, whether as of right or by permission and whether subject to or free of charge. Based on the definition of a "public place" and a "mechanically propelled vehicle" in road traffic legislation, the Garda is satisfied that it has the necessary powers to deal with the misuse of such vehicles in public places. These powers allow the Garda to stop such vehicles in a public place and demand production of a licence or learner permit. In specific response to a point the Deputy made regarding whether the Garda has the legal ability to stop a vehicle, the view of my Department is that the current road traffic legislation gives it the power to stop such vehicles in a public place and request production of a permit or licence. I accept that having the legal ability to stop a vehicle does not get around the practical difficulty of trying to stop a person who is riding illegally and dangerously in a public place. The Deputy made the specific point on the law in the area and I wanted to confirm that to her.

The Deputy correctly pointed out that if the engine capacity of the motor bike is below 50 cc, the minimum age to hold a driving licence is 16 years. If it is above 50 cc, then the minimum age is 17 years. In addition, the Garda may inspect the vehicle for compliance with vehicle standards legislation. Road traffic law makes it an offence to drive without reasonable consideration, to drive carelessly or to drive dangerously. The Garda has informed me that any of these charges could be brought, where appropriate, in circumstances of misuse. In certain circumstances where the misuse of these vehicles involves criminal damage, a prosecution can also be brought under the Criminal Damage Act, if appropriate. The Garda also has powers of seizure, detention, storage and disposal of vehicles under section 41 of the Road Traffic Act 1994 and the regulations made under that section, SI 460 of 2011.

It appears to me, but I am happy to clarify the matter further for Deputy Byrne, that the powers do exist to deal with the matter that she has raised. I am not sure at this point if any further change to the law is required, although I would be happy to hear the Deputy's input in the matter. Based on my Department's consideration of the matter and the engagement we have had with the Garda Síochána, the law in regard to licensing, ability to stop and if need be, to remove a vehicle, does appear to be in place, but I do accept there are challenging matters in terms of the enforcement of the law given the behaviour to which the Deputy referred.

1:10 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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I understand that legislation exists, as was stated in the Garda report, but some of the areas in which dirt bikes are used do not come under the category of roads, streets or parks. They include laneways leading up to people's houses and in the vicinity of senior citizens. Another area where the bikes are used are rough walkways along canals used by people for fishing. They are not designated pathways and that is where the difficulty lies. Access to such areas can be difficult for Garda Síochána vehicles and therefore the gardaí cannot pursue those involved.

There has been a significant increase in my area in the number of young people who own such bikes and, unfortunately, the children who use them are getting younger. I am concerned that a young person using such dirt bikes will be killed. The bikes are now used by children as young as eight, ten and 12 years. When a garda from Ballyfermot tried to stop some youths recently he was seriously injured. That type of behaviour is part of the problem as well.

I accept what the Minister said about his brief and that the issue also comes under the remit of the Minister for Justice and Equality. I intend to raise the matter with the Minister for Justice and Equality also as serious incidents are occurring. I fear that the matter will only be further highlighted in the event of a young person on a dirt bike being seriously injured or an elderly person being knocked down and seriously injured. I respect what the Minister said in his reply, but we need to introduce further measures to curtail the use of dirt bikes, whether through his Department or the Department of Justice and Equality.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Much of the legislation to deal with this matter does come under the remit of the road traffic area, which is the responsibility of my Department. One matter which the Deputy has raised and on which I will check up and ask that a response would be provided to her relates to the definition of a public place. She gave the example of laneways. From my constituency work I am aware that frequently it can be difficult to define whether a laneway is private property or who owns it. It is my understanding that based on the definition of a public place in the context of road traffic law, the issue raised by the Deputy would be addressed, given that a public place is defined as an area to which the public has access, as opposed to a more traditional definition of an area owned by the public. The issue relates to access. I will ask for clarification on the matter and I will provide the information to the Deputy, which she might wish to share with the local Garda or others in the community.

I accept the point made by Deputy Byrne. I can see in the part of the city I represent that there are more such vehicles around and that they present a considerable threat to people when used in an illegal manner. While I am satisfied that the legislation governing the area is adequate, I am also aware that it is very difficult to enforce the law if someone is driving illegally on a vehicle in a public park in which children or families are present. I will revert to the Deputy on a definition of a public place as that falls within my area of responsibility and if I can be of any further help to the Deputy, I will be.