Written answers

Wednesday, 1 February 2006

Department of Transport

Road Traffic Offences

9:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 263: To ask the Minister for Transport if the loophole in law which prohibits the Garda Síochána from impounding imported vehicles will end; and if he will make a statement on the matter. [3385/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to my reply to Question No. 427 of Tuesday, 31 January 2006 which indicated the position on impounding foreign registered vehicles. Section 41 of the 1994 Road Traffic Act and the Road Traffic Act, section 41, Regulations 1995 set out the law relating to the detention of vehicles by the Garda Síochána. 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 Insurers Bureau of Ireland which is funded through our motor insurance premia.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 266: To ask the Minister for Transport his plans to introduce legislation that would allow the Garda Síochána to impound the cars of uninsured foreign drivers in view of the fact that the Garda Commissioner has stated to the Joint Committee on Transport that he is powerless to tackle this problem; and if he will make a statement on the matter. [3395/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to my reply to a parliamentary question, reference No. 3286/06, of Tuesday, 31 January 2006 which indicated the situation on impounding foreign registered vehicles as follows.

Section 41 of the 1994 Road Traffic Act and the Road Traffic Act, section 41, Regulations 1995 set out the law relating to the detention of vehicles by the Garda Síochána. 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.

I would like to point out that 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.

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