Dáil Éireann debate -
Tuesday, 25 May 1999

Vol. 505 No. 3

Written Answers. - Garda Investigations.

John McGuinness

Question:

241 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will have investigations made into an incident where a car owned by a disabled driver (details supplied) was impounded on 23 April 1999 under section 47 of an Act leaving the owner without transport to return to his home in Kilkenny; if he will have further investigations made into the way in which the person was treated at a Garda station during this incident; if the fine imposed will be refunded in view of the circumstances of the case and the fact that the motor tax on the vehicle is paid by another Department; and if he will make a statement on the matter. [13779/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I have been informed by the Garda authorities that the vehicle in question was seized by the gardaí in accordance with Section 41 of the Road Traffic Act, 1994 and the relevant regulations made thereunder.

Under Section 41 of the above Act, the gardaí are empowered to seize a vehicle if any one or all of the following circumstances are satisfied: the driver has no driving licence and is ineligible to hold one by reason of age; the driver has no insurance; and the vehicle is untaxed for more than three months. The vehicle is released on payment of a £100 fee, i.e. £75 seizure fee and £25 daily storage charge plus £25 per day thereafter.

In the case referred to by the Deputy, I am informed by the Garda authorities that the vehicle in question was seized for being untaxed for a period of three months or more. In addition, the vehicle was not specially constructed or adapted for use by a disabled person in which case it would not qualify for an exemption from road fund licence duty, i.e. motor tax. In the circumstances, the gardaí do not recommend a refund of the charges incurred.

With regard to the issue of the treatment of the person referred to by the Deputy by the gardaí, I have been assured by the Garda authorities that the driver was treated with courtesy at all times and made no complaint to the gardaí about the manner in which he was dealt with.