Dáil Éireann Debate, Wednesday - 11 February 2026
11. Deputy Ken O'Flynn asked the Minister for Transport whether he has received formal proposals from the Minister for Transport regarding the prohibition or restriction of scrambler bikes in public places; when these proposals will be published; and the expected commencement date of any resulting regulations. [10846/26]
Amharc ar fhreagra15. Deputy Ken O'Flynn asked the Minister for Transport whether his Department has reviewed the adequacy of existing statutory powers available under current legislation to address the illegal use of scrambler bikes and quad bikes in residential and urban areas; whether any legislative gaps or limitations have been identified; and whether proposals for legislative amendment or consolidation are under development. [11447/26]
Amharc ar fhreagraI propose to take Questions Nos. 11 and 15 together.
Under the Road Traffic Act 1961, mechanically propelled vehicles such as scramblers can only be legally driven on public roads if they are registered and have a registration plate. Most scramblers are designed for off-road use only and are unregistered, and are therefore illegal for use on the road. In the absence of registration, a vehicle cannot be taxed.
Exercising powers made by regulation under Section 41 of the Road Traffic Act 1994, An Garda Síochána has the power to seize vehicles being driven on public roads that have not been taxed or lack insurance, or where the driver does not hold the relevant driving licence. Once seized, An Garda Síochána has the power to dispose of a seized vehicle six weeks after the date of detention, provided two weeks' notice of the intention to dispose is given.
Building on these pre-existing powers and provisions, the Road Traffic and Roads Act 2023 includes three key measures to further tackle dangerous scrambler use:
• Under Section 5(k), dangerous driving has become an offence everywhere, not only in public places;
• Under Section 5(p), An Garda Síochána were granted new powers to seize scramblers being driven dangerously in any location;
• Under Section 11(b), there is a new power to provide in regulations for the prohibition or restriction of the uses of classes of vehicles in particular places.
These three provisions are are a comprehensive package of measures and were commenced by Statutory Instrument 392/2023 on 28 July 2023. Since commencement, off-road scramblers are no longer just illegal for use in public places - it is illegal to drive them dangerously anywhere, even on private land. More importantly, An Garda Síochána has full powers to seize a scrambler being driven dangerously in any location, even where they have the reasonable belief that the vehicle will be driven dangerously, and they can enter the curtilage of a dwelling to retrieve a scrambler after the fact. These powers are being used. Since 2023, over 1,000 e-scooters, quad bikes and scramblers have been seized.
While the commencement of the third provision created regulation-making powers to restrict certain classes of vehicles, any such regulations will be incremental on the other restrictions outlined above and no regulations have yet been made.
The Taoiseach convened a meeting of key members of the Government and senior officials to discuss an outright ban on all scramblers on 28 January. It is my intention that regulations will be made to close any cases where scrambler use may previously have been legal outside of appropriate off-road settings and implement a total ban on all scrambler use in any public place. It is my intention that such a ban will be implemented as a matter of urgency within the coming weeks, and I also propose to enhance Gardaí powers of vehicle seizure to reduce the number of seized vehicles that end up back on the roads. I brought these proposals to Government on 4 February 2026.
The Road Traffic and Roads Act 2023 also legalised the use of e-scooters, creating the new powered-personal transporter class of vehicles with distinct requirements compared to mechanically propelled vehicles. A comprehensive suite of regulations were introduced in May 2024 to provide for the safe use of e-scooters in public places. E-scooters may only be used on public roads if they comply with the regulations, and the rules of the road apply to e-scooters in the same way as bicycles. Under the regulations, it is an offence for children under 16 to use e-scooters on public roads. Further regulations address road signs, location restrictions, detention and seizure powers for An Garda Síochána and fixed charge penalties.
E-scooters do not have EU type approval and e-scooters that comply with the regulations do not require registration, motor tax or a driving licence. As compliant e-scooters do not fall within the requirements of the Motor Insurance Directive, they do not require motor insurance.
