Tommy Broughan (Dublin Bay North, Independent)
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243. To ask the Tánaiste and Minister for Justice and Equality if An Garda Síochána has powers to seize quad bikes and or scramblers in public parks and open spaces; and if he will make a statement on the matter. [41610/17]

Charles Flanagan (Laois, Fine Gael)
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I am informed by the Department of Transport, Tourism and Sport, that for the purposes of the Road Traffic Acts, a “public place” means any public road, and any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge. It does not extend to private property, or to public parks which are under the jurisdiction of local authorities and can be subject to bye-laws prohibiting the use of scramblers or quads, or to national parks, where the Minister of Arts, Heritage, Regional, Rural and Gaeltacht Affairs has powers to prohibit the unauthorised use of off-road vehicles. Road traffic law does not extend to the use of mechanically propelled vehicles on private property.

I am further informed that, Section 41 of the Road Traffic Act 1994 and the Road Traffic Act (Section 41) Regulations 1995 set out the law relating to the detention of vehicles by an Garda Síochána in a public place. Under these there are three grounds for detaining a vehicle;

(i) If the person driving the vehicle refuses or fails to produce there and then a driving licence then having effect and licensing him/her to drive the vehicle and the Garda is of the opinion that the person by reason of his/her age is ineligible to drive the vehicle;

(ii) The vehicle is registered in the State and the Garda reasonably believes that a policy of insurance is not in place for the vehicle; or

(iii) The vehicle is registered in the State and motor tax has not been paid in respect of a continuous period of three months or more immediately prior to use.

Furthermore, An Garda Síochána can also use section 20 of the Road Traffic Act 1961 to perform an examination of roadworthiness of any vehicle being used in a public place.

Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that there are issues of safety involved in enforcement of these laws which are best addressed through a multi-agency approach. I am informed that 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.

I share the concern in relation to the very serious public safety and anti-social issues associated with the misuse of such vehicles and 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. A number of responses have been received and are being examined at present. As a next step, when all responses have been received, I intend to convene a meeting of all of the interested parties and in order to identify more effective possible solutions and assign responsibility and timeframes for them.