Written answers

Tuesday, 28 March 2006

Department of Transport

Road Traffic Offences

11:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 295: To ask the Minister for Transport if there are plans to introduce the offence of breaking a three-tonne restriction on the penalty point system. [11987/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Provisions for imposition of a weight restriction on large vehicles entering a road are set out in article 17 of the Road Traffic (Traffic and Parking) Regulations 1997, SI 182 of 1997. It is a matter for each local authority to determine if, and where, such restrictions should apply in its area. The restriction does not apply where it is necessary for a vehicle to enter a road solely for the purpose of gaining access or egress from premises accessible only from that road.

The offence of contravening article 17 is not scheduled in the Road Traffic Act 2002 to be a penalty point offence and I have no proposals to amend primary legislation to include this offence in the penalty point system. However, it is one of the offences that I am declaring to be a fixed charge offence enforceable by the Garda Síochána from 3 April 2006. A driver who contravenes article 17 will be liable to be issued with a fixed charge notice to pay €60 within a 28 day period or €90 within the following 28 day period in lieu of being prosecuted in court for the alleged offence.

Tony Gregory (Dublin Central, Independent)
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Question 296: To ask the Minister for Transport the circumstances whereby the Garda Síochána can confiscate motorcycles, quad bikes and so on in public parks or open spaces. [11604/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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For the purposes of the Road Traffic Acts "public place" means any public road, and 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 in private property.

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 in a public place. There are three grounds set out in these regulations and the second and third grounds expressly relate to vehicles that are registered in the State. These grounds are: if the person driving the vehicle refuses or fails to produce there and then a driving licence then having effect and licensing him or her to drive the vehicle and the garda is of opinion that the person by reason of his or her age is ineligible to hold a driving licence to drive the vehicle; the vehicle is registered in the State and the garda reasonably believes that a policy of insurance is not in place for the vehicle; and the vehicle is registered in the State and motor tax has not been paid in respect of a continuous period of three months or more immediately prior to use.

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 €3,000 or a term of imprisonment up to six months or to both. Mini-motorised scooters, micro-motorcycles and quadricycles come within the definition of a mechanically propelled vehicle for road traffic law purposes and that supply includes giving a gift. As a result, it is illegal to supply such a vehicle to a person under 16 years of age.

A range of requirements must be satisfied in relation to both the vehicle and the driver in order to use a mechanically propelled vehicle in a public place. A vehicle when in use in a public place must comply with the requirements of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996. These regulations prescribe the requirements in relation to essential matters such as — brakes, steering, mirrors, safety glass, wipers, headlamps, rear lighting, indicators, reflectors, etc. Some of these small vehicles do not comply with one or more of these requirements and are, therefore, not suitable for use in a public place.

A driving licence is required in order to drive a mechanically propelled vehicle in a public place. A person under 16 years may not hold a driving licence or a provisional licence. The minimum age for a driving licence for vehicles of category M, which covers mopeds and small motorcycles, is 16 years while for a category B licence, which includes quadricycles, the minimum age is 17 years. It is a further requirement of road traffic law that to use a mechanically propelled vehicle in a public place the driver has third party insurance cover to meet personal injury and property damage caused by their negligent driving.

The penalties for breaches of the road traffic law in respect of the above mentioned requirements are a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence, and a fine of €1,500 or to a term of imprisonment not exceeding three months or both in the case of a third or subsequent offence in a period of 12 consecutive months. A person convicted of driving without insurance incurs five penalty points on his or her driving licence. The Garda Síochána can use section 20 of the Road Traffic Act 1961 to perform an examination of the roadworthiness of any vehicle being used in a public place.

In addition to the requirements of road traffic law, a mechanically propelled vehicle for use in a public place is required to be registered and liable to motor tax, which are matters for the Revenue Commissioners and the Minister for the Environment, Heritage and Local Government, respectively.

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