John Curran (Dublin Mid West, Fianna Fail)
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Question 304: To ask the Minister for Justice, Equality and Law Reform the action that can be taken by Gardaí to deal with motor vehicles parked on public roads but not displaying valid motor tax and insurance discs; if these motor vehicles can be towed away and impounded; and if he will make a statement on the matter. [4043/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Under sections 73 and 76 of the Finance Act, 1976 (as amended by section 63 of the Finance Act, 1993), it is an offence to use, park or otherwise keep a mechanically propelled vehicle in a public place while there is not fixed to and exhibited on the vehicle a tax disc which is issued in respect of the said vehicle.

Under the Road Traffic (Insurance Disc) Regulations,1984 as substituted by article 4 of the Road Traffic (Insurance Disc) (Amendment) Regulations 1986, it is an offence to use a vehicle in a public place, after ten days from the authentication of the certificate of insurance, unless an insurance disc is displayed in the proper position. The owner, if not the user, is also liable, but the owner may defend such a charge if he shows the use of the vehicle on the occasion in question was unauthorised.

Section 41 of the Road Traffic Act, 1994 as amended, provides for the making of regulations authorising the detention, removal and storage of vehicles (and their subsequent release) when used in a public place. An Garda Síochána is authorised to detain such a vehicle when a garda is of the opinion that the vehicle is being used without insurance or road tax.

I am informed by the Garda authorities that all members of An Garda Síochána fully enforce the legislation in relation to the seizure, storage cost, release and disposal of these vehicles when they are observed in use in a public place.