Thomas Gould
Question:
561. Deputy Thomas Gould asked the Minister for Justice the number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied. [5216/21]
View answer
Thomas Gould
Question:
562. Deputy Thomas Gould asked the Minister for Justice the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age. [5217/21]
View answer
I propose to take Questions Nos. 561 and 562 together.
I have requested a Garda report on the figures requested by the Deputy. I will write to the Deputy once the report is received.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions Number 561 and 562 which were for answer on 3 February 2021, in which you asked for “the number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied” and “the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age.” As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand.
Further information has now been provided by An Garda Síochána and the Courts Service.
As you are aware, the Road Traffic (Amendment) Act 2018, also known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.
I am informed by the Garda authorities that there were 6,294 incidents in which drivers have had their vehicles seized under the Clancy Amendment for driving unaccompanied by a qualified driver since the legislation was introduced on 22 December 2018.
The table included at Appendix 1, furnished to me by the Courts Service, sets out the number of registered vehicle owners penalised by the court per year for allowing their vehicle to be driven by an unaccompanied learner driver.
The table included at Appendix 2, which was furnished to me by the Garda authorities, sets out the number of Fixed Charge Notices issued in relation to Learner Driver Offences for 2016-2020.
In relation to the number of prosecutions and arrests relating to the supply of a vehicle to a person under 16 years of age you will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.
I am informed that under section 30 of the Road Traffic Act 2004, it is an offence to supply a mechanically propelled vehicle (a) to a person who is under the age of 16 years, or (b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years. Section 30 (2) provides that a person found guilty of the above offence is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both. In this section “supply”, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.
Under the provisions of the Courts Service Act 1998, the management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. This includes the provision of information on the courts system.
However, in order to be of assistance, I have made appropriate enquiries and the Courts Service has advised that the table included at Appendix 3 sets out the number of prosecutions for the supply of a motorised vehicle to a person under 18 years of age between the years 2010 up to January 2021.
I trust this information is of assistance.
Appendix 1
The number of prosecutions and arrests under legislation regulating the supply of a vehicle to a person with a learner permit to drive unaccompanied
|
Year
|
No of persons before the court
|
No of persons convicted
|
|
Jan – Dec 2019
|
26
|
8
|
|
Jan – Dec 2020
|
24
|
7
|
Report is based on 35A(1)(a) and (3) of the Road Traffic Act 1961 (as inserted by section 5 of the Road Traffic (Amendment) Act 2018) which covers the following offences:
- Vehicle Owner Allow Vehicle to be Driven (No Driving Licence/Learner Permit
- Vehicle Owner Allow Learner Driver Use Vehicle Unaccompanied
Report displays no of persons before the court and the no of persons convicted.
Note 2: The Court Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.
Appendix 2
The number of Fixed Charge Notices issued in relation to Learner Driver Offences for 2016-2020
|
Offence Description
|
2016
|
2017
|
2018
|
2019
|
2020
|
|
Non Display of L plate (Learner Driver)
|
3899
|
3904
|
3416
|
3845
|
4148
|
|
Learner Driver Unaccompanied by a Qualified Driver
|
5812
|
6222
|
5187
|
6145
|
6709
|
|
Non Display of L tabard on motorcycle
|
73
|
98
|
97
|
110
|
174
|
Penalty point measures in effect from 8 December 2014 relating to learner and novice drivers support the road safety measures in Ireland’s Graduated Driver Licensing system (GDL).
Figures are based on incidents which occurred from 2016-2020 inclusive. All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 28 January 2021 and is provisional, operational and subject to change.
Appendix 3
The number of prosecutions for the supply of a motorised vehicle to a person under 18 years of age between the years 2010 up to January 2021
|
Year
|
No. offences
|
Orders
|
|
Year
|
No. offences
|
Orders
|
|
Jan – Dec 2017
|
1
|
Struck Out
|
|
Jan – Dec 2019
|
1
|
Withdrawn
|
The Courts Service can only provide data where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided above.
