Written answers

Tuesday, 8 November 2016

Department of Justice and Equality

Road Traffic Legislation

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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102. To ask the Minister for Justice and Equality further to Parliamentary Questions Nos. 676 of 23 April 2013, 427 of 7 May 2013 and 104 of 9 December 2015, if she will provide an update on the issue of quad bikes and scramblers in view of the public safety and anti-social issues concerned; if consideration will be given to an initiative to discourage parents from buying these for children for Christmas in view of the public safety and anti-social issues concerned; the status of her Department's engagement with the Garda on this issue; and if she will make a statement on the matter. [33665/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the use of mechanically propelled vehicles, including quad bikes and scramblers, in a public place is subject to the relevant requirements of road traffic legislation. I am advised by the Garda authorities that these vehicles, when used in a public place, must comply with the Road Traffic Acts, including in relation to motor tax, insurance and possession of a valid driver licence or learner permit. Under the Road Traffic Acts, any member of An Garda Síochána is allowed to stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, Gardaí may inspect the vehicle for compliance with vehicle standards legislation, which makes it an offence to drive without reasonable consideration, drive carelessly, or drive dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation.

I am informed that the use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by the local authorities under the Parks and Open Spaces Bye-Laws 2011.

Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that the use of quad bikes and scramblers by minors and youths in public parks has proven difficult to deal with from an enforcement perspective. Garda members are instructed not to pursue youths on quad bikes, scramblers, etc. owing to the inherent safety risk in pursuing these vehicles. If such pursuits were to take place, there would be a high risk of these ending in collisions at speed resulting in serious injury or death, so the opportunity to actually bring these vehicles to a stop is rare.

The Garda authorities have advised that the issue is one which is best addressed through a multi-agency approach. In this regard, Gardaí are working with local authorities, including park authorities, to examine other solutions, such as engineering solutions. Enhanced fencing and bike gates are examples of engineering measures taken to restrict access to parks.

An Garda Síochána's Community Policing Unit and Juvenile Liaison Officers will deliver an awareness programme in an effort to discourage parents from purchasing quad bikes and scramblers for children at Christmas time. I share the Deputy's concerns in relation to the public safety and anti-social issues associated with the misuse of such vehicles and I intend to raise the issues highlighted by the Deputy with the Road Safety Authority in advance of its Christmas road safety campaign.

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