Dáil debates

Wednesday, 18 January 2017

Topical Issue Debate

Road Traffic Legislation

4:05 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I have brought up this issue numerous times in the House. The Government and senior gardaí have always responded by saying that this is already covered by legislation. I introduced the Misuse of Motor Vehicles (Public Spaces) Bill in 2012. The Bill was opposed by the Fine Gael Minister at the time. He deemed it unnecessary following advice. That view contradicted the advice I had received from local safety forums, gardaí and other relevant bodies. They indicated an anomaly in the current legislation.

When walking the streets of many of our towns and estates we can see vehicles like quad bikes, dirt bikes and scramblers being used repeatedly by some to damage property, threaten injury and cause many other problems for the local community. The law as it stands prohibits the use of these all terrain vehicles on public roads unless fully insured and taxed and meet other regulatory requirements, including the rules of the road. However, there is a hole in the legislation that allows people to use these vehicles for anti-social behaviour, sidestep gardaí in public spaces and avoid any penalties.

Currently, if someone is misusing one of these vehicles on a public street, gardaí have the powers to deal with the issue. The vehicle can be confiscated. Then, depending on the severity of the incident or the history of the vehicle and owner, it may be held or returned. This provision, when enforced, can work to slowly discourage such behaviour. Unfortunately, however, these vehicles are not simply used and misused on public streets. They are common in green areas and public parks and it seems the Garda cannot deal with them. It is understandable that members of the Garda will not chase people on these machines due to safety issues for all concerned.

Is the Minister aware of the case of Mr. Vnuk? He brought an action for compensation for injury in his native Slovenia as a result of an accident. Mr. Vnuk lost his claim for compensation in the domestic courts on the basis that the vehicles were only insured when in public places. He appealed his claim to the European Court of Justice. As in Ireland, Slovenian road traffic legislation requires vehicles to be insured when they are on the road or other public places but not necessarily when they are on private land. The ECJ has interpreted the directive to mean that any motor vehicle, whether on private or public land, must be covered by third-party insurance. Ruling in Vnuk v. Triglav, the court found that compulsory motor insurance has to cover any accident caused in the use of a vehicle that is consistent with the normal function of that vehicle. Does it follow, therefore, that the definition of public space in the Road Traffic Act must include parks and unused ground? The current definition is that a "public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge. Can the Minister comment on this? Does he believe the legislation that exists is insufficient or ineffective due to the definition of "public place"?

The reality is that quads or off-road scramblers are not used on roads often and, in that capacity, that is their normal function under the ECJ directive. They are more commonly used in parks or fields. Does the Minister think that the Vnuk decision is relevant to the current situation?

I am keen to make it clear that the vast majority of people who use quads or scramblers do so responsibly, but legislation is needed to deal with the irresponsible drivers of quads, dirt bikes and scramblers.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I thank Deputy Ellis for introducing this subject to the Dáil again. I am impressed by one thing, that is, the frequency with which this has occurred. It persuades me that there is genuine concern about it and that there is obviously a problem. I have received queries on the matter during Topical Issues, through questions and in the Seanad as well. The queries tend to come through councillors rather than Deputies and Senators. They are in situand they see the obvious concerns that arise. It seems to me that difficulties may arise. The powers are in place in theory. However, if they are not being enforced in practice, the Deputy has a point.

I will explain what I will do as a result of what he has said today. We need some solid statistics but I do not believe we have them. Certainly, I do not have them before me and I do not think the Deputy has quoted them – perhaps he can do so in reply. We need solid statistics with regard to the damage being caused, the number of accidents, the amount of vandalism, etc. I do not have the data to hand but perhaps that is my fault and I should have asked for it in advance. After the debate I will try to find out how real this problem is or whether it is only perceived because of the dramatic nature of what is going on.

Scrambler motorbikes and quadricycles are mechanically propelled vehicles. This means they are vehicles intended or adapted for propulsion by mechanical power. As such, irrespective of engine capacity, under road traffic legislation the user of a scrambler motorbike or quad bike in a public place must have insurance, road tax and a driving licence. The user must also wear a helmet. Severe penalties exist under road traffic laws, including fixed charge notices, penalty points, fines and possible seizure of the vehicle, for not being in compliance with these requirements.

Deputy Ellis asked a question related to the definition of a public place. For the purposes of the Road Traffic Acts, the definition is that a "public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge. Road traffic law does not extend to the use of mechanically propelled vehicles on private property. Certain places, such as parks under the control of local authorities, can be subject to by-laws, which those authorities have the power to introduce, to prohibit the use of such vehicles.

The Road Traffic Act 2004 makes it an offence to supply a mechanically propelled vehicle to a person under 16 years of age. With effect from 24 January 2005, a person convicted of supplying a vehicle to a minor faces a fine of up to €5,000 or a term of imprisonment of up to six months or both. Mini-motorised scooters, micro-motorcycles and quadricycles also come within the definition of a mechanically propelled vehicle for road traffic law purposes. The supply of such vehicles includes giving a gift or loan. As a result, it is illegal to supply such a vehicle to a person under 16 years of age.

It should be noted that An Garda Síochána does not have any legislative power to deal with scrambler bikes being driven on private land.

Local authorities have the power to introduce by-laws to prohibit the use of vehicles in areas under their control such as parks. The Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs has similar powers to control off-road vehicles in certain areas. For example, the unauthorised use of off-road vehicles is prohibited in certain national parks.

Section 41 of the Road Traffic Act 1994 and the Road Traffic Act (Section 41) Regulations 1995 set out the law relating to the detention of vehicles by An Garda Síochána in a public place.

4:15 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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This has been a major problem for many years. I have been chasing this issue from when I was a councillor years ago. I have also raised it with Ministers here in this Chamber. The problem is children of five years, six years and eight years of age going around on motorbikes in housing estates and council-owned lands. Seizing these vehicles is not covered properly in legislation.

There have been deaths caused by quads. A person in my area was killed as a result of a quad accident. The statistics are there. I have seen young kids of six or seven years of age on these small motorbikes with no insurance or tax. They are not tied to any sort of registration with a club. Clubs would be a good way of registering these bikes and could also provide proper training and facilities.

There are consequences from the European court judgment, a copy of which I will give to the Minister. Will the Minister and his officials examine it? Time out of number we have been told by senior Garda and officials that there is no need for legislation. I believe that is wrong. In cases where vehicles have been seized by gardaí, they have had to give them back with no fines or penalties, even though a six-year-old was using them, because a person said it was their property.

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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If the Deputy gives me the judgment, I will certainly ask my officials to look at it and to see what are the implications. I accept there appears to be a problem. People are not just raising it for the good of themselves or to pander to a group because it is coming from all areas. I will examine it seriously to see if we can address it.

I have made some commitments to at least one voluntary group of councillors to see what they are doing in this respect. The Deputy is aware of this document, Scramblers and Quads - Know the Info. Even if there is no need for legislation, we might get a clearer view of this when we get the statistics and the European Court judgment. In the meantime, I will support those groups who provide information leaflets on this matter. Voluntary groups can play a strong and useful role in this. The Scramblers and Quads- Know the Info pack is different from what usually tends to come from Departments, namely, the Garda has enough enforcement powers and come back again in three months. Instead, this document states certain actions can be taken while outlining the right equipment, the right vehicles, the law, the right training and the right environment. It makes a positive community effort to tell parents how to behave if their children are riding these particular vehicles and the safety measures which should be taken. If we cannot reach a legislative solution to this or if powers are available but are not being used or enforcement is not as great as possible, I will support voluntary groups.

In the meantime, I am due to meet the Tánaiste and Minister for Justice and Equality on this particular issue. I will raise Deputy Ellis's specific concerns with her then.