Written answers

Tuesday, 23 May 2017

Department of Justice and Equality

Road Traffic Legislation

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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55. To ask the Tánaiste and Minister for Justice and Equality if she will consider introducing or amending legislation to make it a requirement that all quads are registered at purchase to a person over 16 years of age with an appropriate licence; if she will examine other legislative options that would make it more difficult to have these quads released having been seized by An Garda Síochána; and if she will make a statement on the matter. [24377/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I, of course, share the Deputy's concerns in relation to the public safety and anti-social issues associated with the misuse of such vehicles. It is a very serious issue. The Deputy will be aware that 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 further 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.

The Deputy might be interested to note that An Garda Síochána's Community Policing Unit and Juvenile Liaison Officers deliver awareness programmes in an effort to discourage parents from purchasing quad bikes and scramblers for children.

I am advised that the registration of mechanically propelled vehicles is a matter for the Office of the Revenue Commissioners and, as such, I have no role in this matter. Similarly, the Deputy will appreciate that road traffic legislation is a matter for my colleague the Minister for Transport, Tourism and Sport. However, to be of assistance to the Deputy, I have brought his question to the attention of both the Office of the Revenue Commissioners and the Minister for Transport, Tourism and Sport and requested that they respond directly to you.

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