Enda Kenny (Mayo, Fine Gael)
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Question 213: To ask the Minister for Finance further to Parliamentary Question No. 235 of 7 February 2007, the reason there is a very low rate of conviction arising from cars seized for non-compliance with VRT regulations in 2005 and 2006; the maximum penalties which are applied in such circumstances of non-compliance; and if he will make a statement on the matter. [5610/07]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that where vehicles are seized for failure to comply with the VRT Regulations on the use of foreign-registered vehicles in the State, the option is offered to the owner of release of the vehicle on payment of the VRT due, along with an additional penalty (normally amounting to 10% of the value of the vehicle concerned) and immediate registration of the vehicle. The vast majority of persons whose vehicles are seized for this offence opt to settle the matter in this way. As most of the cases detected are first time offences and are non-commercial it is considered that this approach is, in general, more proportionate than prosecution.

In cases where it is not possible to agree the release of the vehicle on these terms, or where there are aggravated circumstances, e.g. repeat offences, commercial transactions, obstruction or false plates, the owner may be prosecuted in accordance with section 139(3) of the Finance Act 1992 for unauthorised use of an unregistered vehicle. A person summarily convicted under this provision is liable to a fine of €1,265 and the vehicle in question is also liable to forfeiture.