Alan Kelly (Tipperary North, Labour) | Oireachtas source

Amendments Nos. 35 and 39 aim to ensure that records are among the items that can be secured for future inspection by an authorised person under subsections (4)(a) and (3)(e). Amendments Nos. 36 and 39 give greater clarity regarding the role and functions of a Garda or authorised person accompanied by a Garda in stopping and inspecting an SPS vehicle or a vehicle purporting to be such.

Amendment No. 39 provides for the replacement of section 39 on seizure and detention of vehicles and equipment. The amended subsections (1) and (4) set out more precisely what constitutes a contravention of the prohibition on the use of vehicles under section 39 for which a vehicle and its signage can be seized and detained. These include: where the vehicle is not roadworthy, defective or unfit for the carriage of persons; where there is no approved policy of insurance; where the vehicle is not licensed; or where the vehicle is carrying SPS signage which is forged or does not relate to the vehicle. The amendment will enable the NTA to seize the roof sign and the tamper proofed disks when it finds a vehicle operating without a licence. The powers currently provided under an amendment to section (43)(6) of the Taxi Regulation Act 2003, as inserted by Schedule 1 to the Public Transportation Act 2009, are infrequently invoked by the NTA. To ensure proportionality in the treatment of persons under the section, provision has been made in the amendment for a procedure whereby a person can apply to a judge or the District Court to have his or her vehicle or items returned. The amendment also provides a process whereby the authority can dispose of seized vehicles or items and the costs associated with this. I ask Senators to support these amendments as they have previously been well received.