Section 41 of the Road Traffic Act 1994 empowers An Garda Síochána to detain, store, release, or dispose of vehicles in certain specified circumstances including if the vehicle is not insured, or An Garda Síochána reasonably believe it to be uninsured, in contravention of Section 56 (1) of the Road Traffic Act 1961.
When a Garda detects a motorist driving uninsured, a summons to Court is issued to the driver, and any subsequent sanctions against the motorist are up to the Court to decide.
Driving without motor insurance in Ireland is punishable by a fine of up to €5,000, disqualification from driving and up to six months imprisonment, on conviction. Where a driver is convicted of an offence undersection 56 of the Road Traffic Act 1961, the presiding Judge shall make an a consequential disqualification order under section 26 of the Act. However, the Judge may, in the case of a first offence under the section, where he or she is satisfied that a special reason has been proved by the convicted person, decline to make a consequential disqualification order. In such cases, 5 penalty points are endorsed on the driver record of the person so convicted.