Road Traffic Act 1994

Detention of vehicles.

41

41. (1) The Minister may, after consultation with the Minister for Justice, make regulations authorising and providing for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle in use in a public place where—

F44 [ ( a ) the person driving the vehicle

(i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda S í och á na under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle,

(ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010, F45 [ ]

(iii) is, in the opinion of a member of the Garda S í och á na, disqualified for holding a driving licence or learner F46 [ permit, or ] ]

F47 [ (iv) is, in the opinion of a member of the Garda S í och á na, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ). ]

F48 [ ( b ) the vehicle is, or a member of the Garda S í och á na reasonably believes it to be in the State and the member is of the opinion that the vehicle is, being so used in contravention of section 56(1) of the Principal Act, ]

( c) a member of the Garda Síochána is of opinion that any excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of the vehicle, being a vehicle which is or which the member reasonably believes to be registered in the State, has not been paid in respect of a continuous period of F48 [ 2 months ] or more immediately prior to such F48 [ use, ]

F49 [ ( d ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of section 18(1) of the Principal Act,

( e ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), or

( f ) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda S í och á na is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Council Directive 96/96/EC of 20 December 1996 which is for the time being in force in respect of the vehicle. ]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)

( a) authorise and provide for the recovery by such persons or classes of persons as may be specified in the regulations from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal and for the disposal of moneys received in respect of such charges,

( b) provide for the waiver or deferral of such charges in such circumstances as may be specified in the regulations,

( c) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles detained, removed or stored to such persons and upon such conditions as may be specified in the regulations,

( d) authorise and provide for the sale (or the disposal otherwise than by sale), by or on behalf of persons referred to in paragraph (a) of vehicles detained, removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal.

(3) Notwithstanding any other provisions of this section, a vehicle shall not be disposed of thereunder before the expiration of a period of F50 [ 3 weeks ] from the date of its detention or 2 weeks after notice of the intended disposal has been given in the prescribed manner, whichever is the longer.

(4) A person who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the performance of his duties under this section shall be guilty of an offence.

(5) No action shall lie in respect of anything done in good faith and without negligence in the course of the detention, removal, storage, release or disposal of a vehicle under this section.

Annotations:

Amendments:

F44

Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 60(7), S.I. No. 543 of 2011.

F45

Deleted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(a), S.I. No. 538 of 2018.

F46

Substituted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(b), S.I. No. 538 of 2018.

F47

Inserted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(c), S.I. No. 538 of 2018.

F48

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 19(a) and (b), S.I. No. 384 of 2006.

F49

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 19(c), S.I. No. 384 of 2006.

F50

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 90, S.I. No. 255 of 2011.

F51

Inserted by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 45, not commenced as of date of revision.

Modifications (not altering text):

C39

Prospective affecting provision: subs. (1)(e) and (f) amended by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 45, not commenced as of date of revision.

F49 [ ( d ) ...

( e ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004) F51 [ or section 6 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ] , or

( f ) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda S í och á na is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Council Directive 96/96/EC of 20 December 1996 F51 [ or Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 2 which is for the time being in force in respect of the vehicle. ]

Editorial Notes:

E94

Power pursuant to subs. (1) exercised (22.12.2018) by Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2018 (S.I. No. 537 of 2018).

E95

Power pursuant to section exercised (2.02.2016) by Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016 (S.I. No. 48 of 2016).

E96

Power pursuant to section exercised (15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 (S.I. No. 460 of 2011).

E97

Power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998).

E98

Previous affecting provision: power pursuant to section exercised (29.09.1998) by Road Traffic Act 1994 (Section 41) (Amendment) Regulations 1998 (S.I. No. 357 of 1998); revoked (15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011(S.I. No. 460 of 2011), reg. 11.

E99

Previous affecting provision: power pursuant to section exercised (19.04.1995) by Road Traffic Act 1994 (Section 41) Regulations 1995 (S.I. No. 89 of 1995); revoked(15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011(S.I. No. 460 of 2011), reg. 11.

2 OJ No. L 141, 6.6.2009, p. 12 ]