Dáil Éireann Debate, Tuesday - 12 December 2023
65. Deputy John Lahart asked the Minister for Justice to report on the Garda response to the provisions relating to the anti-social use of scrambler motorcycles and quads included in the latest Transport Bill, and which are now law and therefore being enforced by some Garda divisions nationally. [55070/23]
View answerThe Government is fully committed to taking actions to tackle anti social behaviour, including the misuse of scramblers. This is why legislation was enacted to increase Garda powers to seize scramblers.
As the Deputy will be aware, under section 26 of the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of Garda business. This includes all enforcement matters related to road traffic and safety. As Minister of State, I play no role in these independent functions. Additionally, the Road Traffic and Roads Act 2023 rests under the remit of the Minister for Transport, Eamon Ryan TD.
I am advised by the Garda authorities that the Road Traffic and Roads Act 2023 has provided for the insertion of a new section 109A in the Road Traffic Act 1961. The new section 109A provides additional powers to An Garda Síochána, including a power of arrest without warrant and seizure of a vehicle without warrant within the curtilage of a dwelling (but not the dwelling itself).
This additional section was provided to deal with the issues of various vehicles causing a public nuisance and endangering members of the public in their use, namely motorcycles including scramblers and quad motorcycles.
An Garda Síochána is awaiting additional regulations to be created and signed by the Minister for Transport as per section 35(a) of the Road Traffic Act 1994 to restrict certain types of vehicles from defined areas of public recreation. This will include for example the restriction of the use of motorcycles/scramblers/quads in areas such as public beaches and Coillte Forests.
A consolidated directive will be issued to the Garda organisation upon the final Regulations being signed by the Minister for Transport.
Separately, Gardaí in Limerick have used the new powers afforded by section 109(A) over two days in October, the first use of these new powers since the enactment of the Act. A total of 44 scramblers and off-road vehicles were seized during 21 searches.
