I propose to take Questions Nos. 356 and 441 together.
I intend to introduce regulations as a matter of urgency to further prohibit the use of scramblers in any public place and strengthen the existing enforcement powers that An Garda Síochána has in relation to the dangerous use of scramblers and powers of seizure.
Currently, 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 introduced 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. These powers are being used. Since 2023, over 1,000 e-scooters, quad bikes and scramblers have been seized.
The Deputies may also wish to note that 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.
While the commencement of the third provision under the Road Traffic and Roads Act 2023 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.
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 these regulations will close any cases where scrambler use may previously have been legal outside of appropriate off-road settings and bring additional legal clarity to the existing position that scramblers are banned for use on the road in almost all cases. My Department is working with the Office of the Attorney General and the Office of the Parliamentary Counsel with a view to making these regulations within a matter of weeks. I also propose to impose greater financial penalties on seized vehicles to reduce the number that re-enter circulation.
