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

Question 119: To ask the Minister for Justice, Equality and Law Reform the position regarding the confiscation of vehicles for tax and insurance purposes; the number of vehicles confiscated or taken by the gardaí for the full year in which the most recent figures are available; if confiscation will be conducted for tax disc or insurance purposes; if it is mandatory or at the discretion of gardaí; if the rule or custom of giving 14 days to show papers at a Garda station has been abolished; and if he will make a statement on the matter. [42525/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Section 41(1) 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 or disposal when used in a public place. A member of An Garda Síochána is authorised to detain a vehicle when he or she is of the opinion that the vehicle is being used without insurance, road tax or driving licence. Section 41(3) of the Act provides that a vehicle shall not be disposed of before the expiration of a period of six weeks from the date of its detention or two weeks after notice of the intended disposal has been given in the prescribed manner, whichever is longer.

Section 40 of the Road Traffic Act, 1961 as amended, provides for the production by a person of his or her driving licence for inspection. If he or she does not have the licence with them, a demand may be made that they produce the licence at a Garda station of their choice within ten days. Failure or refusal to do so is an offence and, under section 18 of the Road Traffic Act 2006, offending motorists may be liable on summary conviction on the first offence to a fine not exceeding €1,000, on the second offence to a fine not exceeding €2,000 and on the third or subsequent offence within 12 consecutive months to a fine not exceeding €2,000 and/or imprisonment not exceeding 3 months.

The number of vehicles detained by members of An Garda Síochána under the provisions of section 41 of the Road Traffic Act, as amended, for the year 2008 (the last full year for which figures are available) is 25,593. Statistics are not recorded in a manner to identify the specific offence of no driving licence, no tax or no insurance for which vehicles are detained and it would necessitate the expenditure of a disproportionate amount of Garda time and resources to collate such statistics.