Dáil Éireann Debate, Wednesday - 1 February 2006
304 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if, when gardaí seize quad bikes, mopeds and so on from underage persons with no licence, tax or insurance, steps can be taken to enable the Garda Síochána to refuse to return such impounded vehicles unless the persons can supply tax and insurance details and so on. [3464/06]
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.
In order to use a mechanically propelled vehicle in a public place, a range of requirements must be satisfied in relation to 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. The driver must also have third party insurance cover in accordance with section 56 of the Road Traffic Act 1961. In addition, a driving licence is required to drive a mechanically propelled vehicle in a public place under section 38 of the Road Traffic Act 1961. The minimum age for holding a driving licence is 16 years for a moped and small motorcycle and 17 years for a quadricycle.
The Road Traffic Act 1994, section 41, Regulations 1995 — SI 89 of 1995 — provides for the detention of vehicles by the Garda Síochána for driving without a driving licence, insurance or motor tax.
The Garda Síochána does not have any legislative powers to retain a seized vehicle where the person concerned produces satisfactory evidence of ownership and has paid the charge concerned. 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.
