Seán Kenny (Dublin North East, Labour)
Link to this: Individually | In context

Question 383: To ask the Minister for Justice and Equality if gardaí have the powers to seize a vehicle if the vehicle is not registered to a person, if the vehicle has not got either front or rear registration plate displayed, or if the vehicle is being driven by a provisional driver unsupervised; and if he will make a statement on the matter. [33303/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Road traffic law is the responsibility of my colleague, the Minister for Transport, Tourism and Sport.

I am informed by the Garda authorities of the following circumstances in which they have the power to seize vehicles.

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 of section 41 relate to a vehicle which is in use in a public place and which is uninsured, untaxed, does not have a test or roadworthiness certificate or the driver refuses or fails to produce a driving licence and a Garda is of the opinion that the person is, by reason of his or her age, ineligible to hold a driving licence, whether or not the driver is the registered owner of the vehicle.

A Garda also has the authority to seize or detain a vehicle if he or she has reasonable cause to believe the vehicle is stolen, for which a prosecution can be initiated against the person for an offence contrary to section 112 of the Road Traffic Act 1961.

I am also informed that offences in respect of a vehicle not displaying either front or rear registration plates are dealt with under the Roads Vehicles (Registration and Licensing) (Amendment) Regulations 1992 and section 139 of the Finance Act 1992. A learner driver driving unaccompanied is committing an offence under section 42 of the Road Traffic Act 1961 and the Road Traffic (Licensing of Learner Drivers) Regulations 2007.