I have brought up this issue numerous times in the House. The Government and senior gardaí have always responded by saying that this is already covered by legislation. I introduced the Misuse of Motor Vehicles (Public Spaces) Bill in 2012. The Bill was opposed by the Fine Gael Minister at the time. He deemed it unnecessary following advice. That view contradicted the advice I had received from local safety forums, gardaí and other relevant bodies. They indicated an anomaly in the current legislation.
When walking the streets of many of our towns and estates we can see vehicles like quad bikes, dirt bikes and scramblers being used repeatedly by some to damage property, threaten injury and cause many other problems for the local community. The law as it stands prohibits the use of these all terrain vehicles on public roads unless fully insured and taxed and meet other regulatory requirements, including the rules of the road. However, there is a hole in the legislation that allows people to use these vehicles for anti-social behaviour, sidestep gardaí in public spaces and avoid any penalties.
Currently, if someone is misusing one of these vehicles on a public street, gardaí have the powers to deal with the issue. The vehicle can be confiscated. Then, depending on the severity of the incident or the history of the vehicle and owner, it may be held or returned. This provision, when enforced, can work to slowly discourage such behaviour. Unfortunately, however, these vehicles are not simply used and misused on public streets. They are common in green areas and public parks and it seems the Garda cannot deal with them. It is understandable that members of the Garda will not chase people on these machines due to safety issues for all concerned.
Is the Minister aware of the case of Mr. Vnuk? He brought an action for compensation for injury in his native Slovenia as a result of an accident. Mr. Vnuk lost his claim for compensation in the domestic courts on the basis that the vehicles were only insured when in public places. He appealed his claim to the European Court of Justice. As in Ireland, Slovenian road traffic legislation requires vehicles to be insured when they are on the road or other public places but not necessarily when they are on private land. The ECJ has interpreted the directive to mean that any motor vehicle, whether on private or public land, must be covered by third-party insurance. Ruling in Vnuk v. Triglav, the court found that compulsory motor insurance has to cover any accident caused in the use of a vehicle that is consistent with the normal function of that vehicle. Does it follow, therefore, that the definition of public space in the Road Traffic Act must include parks and unused ground? The current definition is that a "public place" means 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. Can the Minister comment on this? Does he believe the legislation that exists is insufficient or ineffective due to the definition of "public place"?
The reality is that quads or off-road scramblers are not used on roads often and, in that capacity, that is their normal function under the ECJ directive. They are more commonly used in parks or fields. Does the Minister think that the Vnuk decision is relevant to the current situation?
I am keen to make it clear that the vast majority of people who use quads or scramblers do so responsibly, but legislation is needed to deal with the irresponsible drivers of quads, dirt bikes and scramblers.
