The Road Safety Authority previously carried out a public consultation on the subject of regulating written-off vehicles, following which draft provisions were developed for consideration. Due to the complexity of the issues involved, the Department, working together with the RSA, agreed that legislation could only be progressed following legal advice and also careful examination of how robust and effective any measures would be. There are a range of complex legal and technical measures required if we are to prevent such vehicles circulating. Any such provisions will also need to build upon existing arrangements governing written-off vehicles. My Department is currently developing a range of practicable approaches and will be progressing them at the earliest possible opportunity, subject to the necessary legal clarity.
It should be noted that there is already relevant legislation in place in both road traffic and consumer protection law. It is an offence to drive a dangerously defective vehicle in a public place under Road Traffic legislation.
At present, car dealers are obliged, under the Consumer Protection Act, 2007, to give full disclosure of the history of a second hand vehicle to potential buyers. Also, under the Sale of Goods and Supply of Services Act, 1980 a vehicle being sold should be free from any defect which would render it a danger to the public. The prosecution of alleged offences under Consumer Protection legislation relating to the sale of second hand vehicles is a matter for the Competition and Consumer Protection Commission, who come under the remit of the Department of Jobs, Enterprise and Innovation.