Written answers

Wednesday, 14 September 2011

Department of Justice, Equality and Defence

Road Safety

9:00 pm

Photo of John LyonsJohn Lyons (Dublin North West, Labour)
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Question 635: To ask the Minister for Justice and Equality if the gardaí have the power, through existing legislation, to confiscate scramblers or motorised bikes which use public open spaces and cause 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. [23091/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Garda authorities that section 41 of the Road Traffic Act 1994, as amended, provides for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle. In summary, the provisions relate to a vehicle which is in use in a public place and which is uninsured, untaxed or does not have a test or roadworthiness certificate or the driver is, by reason of his or her age, ineligible to hold a driving licence.

As road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport, the question of any amendments of the legislation is a matter for consideration by him.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 636: To ask the Minister for Justice and Equality the legal procedures (details supplied) regarding driver disqualification; and if he will make a statement on the matter. [23101/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The legal provisions regarding disqualification from driving are set out in road traffic legislation, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport.

I am informed by the Garda authorities that disqualification from driving may occur in three ways, by court disqualification, penalty point disqualification and the mutual recognition of driving disqualifications between Ireland and the United Kingdom. A court disqualification may be consequential (a disqualification as a penalty for a specific offence), ancillary (a disqualification imposed at the discretion of the court without prejudice to any other penalty imposed) or a special disqualification (applied for by a member of An Garda Síochána where in the opinion of the member the person concerned is deemed by reason of disease or physical or mental disability unfit to drive).

I am also informed that a community Garda has been in contact with the person referred to by the Deputy, and the person has been advised of the procedures for making a complaint, if that person wishes to do so. Liaison will be maintained with the person, and ongoing foot and mobile patrols will be carried out by uniform and plain-clothes personnel in the area concerned.

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