Dáil Éireann Debate, Thursday - 12 February 2026
247. Deputy Carol Nolan asked the Minister for Transport if his Department has a role in regulating horse drawn sulkies on public roads; if his Department is considering any measures to ensure the protection of the public from such activity; if he intends to review such activity in light of the recent updating of legislation governing the use and seizure of scramblers; and if he will make a statement on the matter. [11277/26]
Amharc ar fhreagra268. Deputy Carol Nolan asked the Minister for Transport if he will outline the current regulatory status with respect to the use of so-called horse drawn sulkies on public roads; if he believes the current position is robust enough to ensure the protection of the public from such activity; if he intends to review this position in light of the recent updating of legislation governing the use and seizure of scramblers; and if he will make a statement on the matter. [11276/26]
Amharc ar fhreagraI propose to take Questions Nos. 247 and 268 together.
In relation to on-road sulky racing, under section 74 of the Roads Act 1993, it is possible to prescribe classes of road races for which relevant local authority approval, as the road authority, must be sought in advance, and for which there can then be road closures. A race which falls within prescribed classes and is not licensed is illegal, with penalties for the organiser. I understand that no classes of race have ever been prescribed under this section. I am aware, though, that the offence applies only to the organiser, and I understand that in many cases of sulky races there is no identifiable organiser. Animal welfare issues in relation to sulky racing are a matter for my colleague the Minister for Agriculture, Food and the Marine.
In a situation where there is an illegal race, with no notice given, it is a matter for Gardaí to enforce under section 74(4) of the Roads Act 1993.
All road users are subject to road traffic legislation which is enforced by An Garda Síochána and participants in sulky racing are liable for any road traffic offences they may commit during the races. As the Deputy will know, in many cases of sulky racing there is also considerable danger caused by vehicles following the race and in some cases driving alongside on the other side of the road. In these cases too the drivers can be held liable under the Road Traffic Acts. There are presently no plans to legislate for sulky racing specifically.
Separate to the above, 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 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.
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 existing restrictions outlined above and no regulations have yet been made.
As the Deputy is aware, on 4 February, the Cabinet approved the preparation of regulations to fully ban the use of scramblers in any public place. 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. I intend that these regulations will be introduced as a matter of urgency within the coming weeks.
