Róisín Shortall (Dublin North West, Labour)
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Question 426: To ask the Minister for Transport the penalties that apply to non-nationals where their car is seized by the Garda Síochána; if an on-the-spot fine can be applied; if penalty points can be applied if the non-national does not hold an Irish driving licence; and if he will make a statement on the matter. [3284/06]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Acts establish a range of offences that apply to all road users in the State irrespective of their nationality.

Depending on the offences in respect of which an accusation is made, a person may be offered the option of the payment of a fixed charge or an on-the-spot fine. In the case of certain offences the payment of a fixed charge will result in the endorsement of penalty points on a person's licence record. There is, however, no requirement on any accused person to make such a payment. Where a fixed charge or an on-the-spot fine is not paid, the matter proceeds to be heard in the appropriate District Court.

A conviction for the commission of a road traffic offence may result in the requirement to pay a fine, imprisonment or the imposition of penalty points or a direct driving disqualification.

Where penalty points are imposed and the person does not hold a current Irish driving licence, a record of the points is created for future transfer to an Irish licence when one is issued to that person.

Pursuant to regulations made under section 41 of the Road Traffic Act 1995 members of the Garda Síochána can exercise the powers of effect detention, removal, storage and subsequent release or disposal in respect of any vehicle the Garda reasonably believes to be registered in the State and the Garda believes the vehicle is being used in contravention of driver insurance requirements or that motor tax has not been paid for the previous three months or longer. In addition, a Garda can exercise these powers where a person driving a vehicle refuses or fails to produce there and then a valid driving licence and the Garda is of the opinion that the person is by reason of his or her age ineligible to hold a driving licence licensing him or her to drive the vehicle.

Where a vehicle is detained, removed and stored the owner of the vehicle must pay a charge for the detention, removal and storage at a rate of €125 for one day and €35 for each further day of storage. Where the charges remain unpaid for a period of six weeks the Garda Commissioner may instigate arrangements to dispose of the vehicle.

I propose to consider in consultation with the Garda Commissioner the scope for extending the current operation of the provisions of section 41 to address issues such as the seizure of vehicles registered outside of the State or vehicles being driven by persons who do not hold current driving licences generally.

Róisín Shortall (Dublin North West, Labour)
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Question 427: To ask the Minister for Transport the steps he intends to take to address the legal loophole whereby the Garda cannot impound untaxed or uninsured foreign-registered cars driven by non-residents. [3286/06]

Martin Cullen (Waterford, Fianna Fail)
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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 the Garda. Subsection (1)(b) states that vehicles registered in the State can be detained if a policy of insurance is not in place for the vehicle. Subsection (1)(c) states that vehicles registered in the State can be detained where motor tax has not been paid in respect of a continuous period of three months or more immediately prior to use. These subsections are being examined by my Department with a view to broadening their scope in a forthcoming road safety Bill so as to enable all vehicles regardless of their country of registration to be detained. All victims of uninsured driving, whether the driver of the uninsured vehicle is Irish or a non-national, are entitled to compensation through the Motor Insurer's Bureau of Ireland, which is funded through our motor insurance premia.