Vol. 344 No. 9
asked the Minister for the Environment whether he intends to amend the Road Traffic Act in order to make (1) the taking of mechanically propelled vehicles a felony rather than a summary offence; (2) interference with a mechanically propelled vehicle in any place, not just a public place, an offence; and (3) interference with locking devices of mechanically propelled vehicles an offence.
261.
asked the Minister for the Environment if he intends to introduce new legislation in relation to accidents fatal or otherwise caused by drivers of stolen vehicles.
I propose to take Questions Nos. 260 and 261 together. Subject to what follows, I will note these suggestions for consideration in the examination of this whole area which the Government are now carrying out.
The concept of felony is not appropriate to modern legislation. The present maximum penalty under the Road Traffic Acts for unauthorised taking of a mechanically propelled vehicle stands at a £50 fine and/or six months imprisonment. This penalty is already substantial in its custodial aspect, although higher penalties exist for some other summary offences. Dangerous driving can be associated with the offence of taking a vehicle without authority. Where such driving causes death or serious bodily harm to another person, these Acts already provide for a maximum penalty, on indictment, of a fine of £500 and/or five years penal servitude.
The concept of public place is widely defined in these Acts so as to include any place to which the public have access with vehicles whether as of right or by permission. It would not be appropriate for road traffic legislation to regulate beyond this sphere.
As to interference with vehicles, section 113 of the Road Traffic Act, 1961, already makes it an offence to interfere with the mechanism of a mechanically propelled vehicle or to attempt to get into the vehicle while it is stationary in a public place.
