John Curran (Dublin Mid West, Fianna Fail)
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53. To ask the Tánaiste and Minister for Justice and Equality his plans to review with the Minister for Transport, Tourism and Sport all relevant legislation regarding the ownership and use of scramblers and quads with a view to introducing appropriate legislation to deal with the issue of youths continuing to use these scramblers and quads in parks, streets and neighbourhoods without insurance and the difficulty being experienced by Gardaí in stopping these youths and seizing and retaining these quads and scramblers; and if he will make a statement on the matter. [32887/17]

Charles Flanagan (Laois, Fine Gael)
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Further to the Deputy's parliamentary Question No. 55 of 23 May 2017 in relation to this matter, I share the concerns of my predecessor, the Tánaiste, 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.

To better facilitate this multi-agency approach, I have written to the relevant parties, including the Minister for Transport, Tourism and Sport and the Minister for Housing, Planning, Community and Local Government, as well as the Garda Commissioner and the Chairman of the Revenue Commissioners, in order to ascertain whether there are additional legislative or other solutions which can assist us in dealing with this issue more comprehensively.