Brian Hayes (Dublin South West, Fine Gael)
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Question 265: To ask the Minister for Justice, Equality and Law Reform if the Garda has the power, through existing legislation, to confiscate scramblers or motorised bikes which use public open spaces and cause considerable annoyance to local communities; his views on updating the existing legislation in order that these vehicles can be confiscated without warning; and if he will make a statement on the matter. [22113/10]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that section 41 of the Road Traffic Act 1994 provides for a member of An Garda Síochána to detain, remove, store and subsequently release or dispose of a mechanically propelled vehicle in breach of road traffic legislation. I am further informed that An Garda Síochána is aware of ongoing difficulties with the types of vehicles referred to by the Deputy in certain areas and they take a proactive approach in dealing with the matter, including measures taken in consultation with local authorities. When persons are found using such vehicles in breach of legislation, appropriate action is taken. Any change to road traffic legislation is a matter for my colleague the Minister for Transport.