Section 41 of the Road Traffic Act 1994 provides that the Minister for Transport may, after consultation with the Minister for Justice, make regulations in relation to the detention, removal, storage and release or disposal of mechanically propelled vehicles in use in a public place.
Statutory Instrument 460/2011 was made in exercise of the powers set out in section 41 of the 1994 Act. These regulations were made following consultation with the Minister for Justice. Under these regulations, An Garda Síochána has the power to seize mechanically propelled 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 three weeks after the date of detention, provided two weeks' notice of the intention to dispose is given.
Regulation 5 of SI 460/2011 sets out the current fees in respect of a vehicle seized under section 41 of the 1994 Act. I intend to introduce regulations to increase the fees associated with release of mechanically propelled vehicles, such as scramblers, which have been seized under this section. The precise value of this increase is yet to be determined and will be made in consultation with the Minister for Justice.
The Road Traffic and Road Act 2023 inserted a new section 109A in the Road Traffic Act 1961 which introduced separate seizure powers for An Garda Síochána in relation to dangerous driving. Section 109A allows a member of An Garda Síochána to seize a vehicle that, in the member’s reasonable belief, is being, has been, or will be driven dangerously. This section also gave An Garda Síochána powers to enter the curtilage of a dwelling to retrieve a scrambler after the fact.
Enforcement of these seizure powers and analysis of annual seizure volumes, recovery rates and disposal rates are a matter for An Garda Síochána.
