Sean Barrett (Independent) | Oireachtas source

I move amendment No. 9:

In page 15, line 35, after “owner” where it secondly occurs to insert “and such unauthorised use was notified to An Garda Síochána”.

This amendment deals with the statement by the owner of the vehicle that the use was not authorised by him or her. The Bill states that when the owner succeeds in that claim, the controller or operator shall waive the relevant charge and he or she shall remove or cause the removal of the clamp from the vehicle. The wording was a little loose because if one's vehicle has been stolen, why would one not notify the Garda rather than saying it was stolen while parked outside a hotel, especially if there is no evidence of a break in? Is that a loophole? The person may not know the vehicle has been stolen but if he or she is using that as a defence, An Garda Síochána should be invoked. That is the reason I tabled the amendment.