Seán Kenny (Dublin North East, Labour)
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Question 419: To ask the Minister for Justice and Equality the penalties that apply to a person seeking to have their vehicle returned after it was seized by An Garda Síochána; and if he will make a statement on the matter. [37508/11]

Alan Shatter (Dublin South, Fine Gael)
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Road traffic law is the responsibility of my colleague, the Minister for Transport, Tourism and Sport. 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. A vehicle shall not be disposed of before the expiration of a period three 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.

The Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011, made by the Minister for Transport, Tourism and Sport, set out the charges payable by the person claiming the vehicle. In the case of a vehicle with a design gross weight not exceeding 3,500 kg, a charge of €125 applies in respect of its detention, removal and storage for one day or a part of a day and €35 in respect of each further day or part of a day that it is stored. In the case of a vehicle with a design gross weight exceeding 3,500kg, a charge of €250 applies in respect of its detention, removal and storage for one day or a part of a day and €50 in respect of each further day or part of a day that it is stored.

The owner or driver of a vehicle detained under the provisions of section 41 may be subject to further criminal proceedings in respect of the principal offence for which the vehicle was detained.