Dáil Éireann Debate, Tuesday - 3 March 2026
324. Deputy Ken O'Flynn asked the Minister for Transport whether legal advice has been received confirming that section 35A of the Road Traffic Act 1994, as amended, provides sufficient statutory authority to prohibit the use of scramblers in all public places including parks, greenways and housing estates; whether primary legislation was considered; and whether he will publish the statutory interpretation underpinning the proposed regulations. [16886/26]
View answerSection 35A of the Road Traffic Act 1994 provides that the Minister for Transport may make regulations prohibiting or restricting the use of specified vehicles or classes of vehicles. I intend to introduce regulations under this section to further prohibit the use of scramblers in any public place.
Across existing provisions and powers set out in the Road Traffic Act 1961, the Road Traffic Act 1994 and the Road Traffic and Roads Act 2023, it is illegal to use an unregistered scrambler in a public place, it is illegal to use a scrambler dangerously in any location, and An Garda Síochána has powers of seizure for vehicles being driven dangerously or which lack registration, insurance or motor tax, or where the driver does not hold the relevant driving licence. In addition, section 30 of the Road Traffic Act 2004 prohibits the supply of mechanically propelled vehicles, such as scramblers, to persons under the age of 16. Under this section, ‘supply’ includes sale, gifting or otherwise making the vehicle available to a person.
My Department is working with the Office of the Attorney General and the Office of the Parliamentary Counsel with a view to making regulations under section 35A of the Road Traffic Act 1994 within a matter of weeks. These regulations will help bring additional legal clarity to the existing position that scramblers are banned for use on the road in almost all cases. It is my intention that the regulations will close out any cases where scrambler use may previously have been legal outside of appropriate off-road settings by implementing a total ban on all scrambler use in any public place.
