Pat Carey (Dublin North West, Fianna Fail)
Link to this: Individually | In context

Question 180: To ask the Minister for Transport the legislation which governs the enforcement of measures to deal with the menace of quad bikes and motor bikes being raced in the enclosed parks in the Finglas area; and if he will make a statement on the matter. [12667/06]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

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. The Garda Síochána, under section 20 of the Road Traffic Act 1961, can perform an examination of the roadworthiness of any vehicle being used in a public place.

Section 41 of the 1994 Road Traffic Act and the Road Traffic Act 1994 (section 41) Regulations 1995 set out the law relating to the detention of vehicles by an Garda Síochána in a public place. Three grounds are set out in these regulations and the second and third grounds expressly refer to vehicles that are registered in the State. The regulations provide for detention of vehicles where: 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; or 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. 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 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 for essential equipment, such as brakes, steering, mirrors, safety glass, wipers, headlamps, rear lighting, indicators and reflectors.

Under the Road Traffic Act 1961, as amended, a driving licence is required in order to operate 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 must have third party insurance cover to meet any personal injury and property damage caused by negligent driving.

The penalties for breaches of the road traffic law in respect of the above mentioned requirements are fines not exceeding €800 in the case of a first offence, fines not exceeding €1,500 in the case of a second or subsequent offence and fines of €1,500 or terms 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.

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.