Dáil Éireann Debate, Tuesday - 8 March 2005
362 Mr. Ardagh asked the Minister for Justice, Equality and Law Reform the legal status of bikes (details supplied); the powers of the gardaí to stop their use, confiscate them, sanction the users or their parents and impose penalties; and the action he intends to take regarding the problem. [7848/05]
Amharc ar fhreagraThe Road Traffic Act 1961 defines a mechanically propelled vehicle as a vehicle intended or adapted for propulsion by mechanical means. Quadricycles and motorcycles, including micro-motorcycles, come within this definition.
To use a mechanically propelled vehicle in a public place, a range of requirements must be satisfied in respect of both the vehicle and the driver. Specifically, a mechanically propelled vehicle when in use in a public place must comply with the requirements of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996, and the driver must have third party insurance cover in accordance with section 56 of the Road Traffic Act 1961. In addition, under section 38 of the Road Traffic Act 1961, a driving licence is required to drive a mechanically propelled vehicle in a public place. The minimum age for holding a driving licence is 16 years for a moped and small motorcycles and 17 years for a quadricycle.
The Road Traffic Act 1994 (Section 41) Regulations 1995 — SI 89 of 1995 — provide for the detention of vehicles by the Garda Síochána for driving without a driving licence, insurance or motor tax. The penalties for breaches of the road traffic law in respect of the above mentioned requirements are a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence, and a fine of €1,500 or a term of imprisonment not exceeding three months, or both, in the case of a third or subsequent offence in a period of 12 consecutive months. A person convicted of a breach of section 56 of the Road Traffic Act 1961 incurs five penalty points.
On the incidents to which the Deputy specifically referred, I am informed by the Garda authorities that prior to Christmas 2004 two of these replica motorcycles were seized from children by Sundrive Road gardaí and the parents of the children were advised of the activities. Around the same time, two further bikes were seized by gardaí from Crumlin under section 41 of the Road Traffic Act 1994. All members of the Garda Síochána fully enforce the legislation regarding the seizure, storage cost, release and disposal of these vehicles when they are observed in use in a public place.
