109A.—(1) Where a member of the Garda Síochána reasonably believes that a vehicle has been, or is being, driven or used (or is likely to be driven or used) in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, the member may do all or any of the following:

(a) require any person driving or using any such vehicle—

(i) to stop and keep the vehicle stationary for such period as is reasonably necessary in order to enable such member to discharge his or her duties,

(ii) to give to the member his or her name and address and date of birth,

(iii) to exit, dismount or otherwise relinquish charge and control of the vehicle, or

(iv) to leave the place concerned;

(b) seize, remove, store and subsequently dispose of the vehicle, subject to this section.

(2) For the purposes of subsection (1)(b), where a member of the Garda Síochána identifies the driver or user of the vehicle, the member shall, in so far as is practicable, inform the person of the seizure of the vehicle.

(3) A member of the Garda Síochána may, for the purposes of exercising a power under subsection (1), enter without warrant (if need be by use of reasonable force) any place including the curtilage of a dwelling but not the dwelling.

(4) A person who fails or refuses to comply with a requirement under subsection (1) or who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the exercise of his or her powers under subsection (1) or (3), including by giving a name or address or date of birth which is false or misleading when required to give such under subsection (1)(a)(ii), shall be guilty of an offence and shall be liable on summary conviction to a class A fine or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(5) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

(6) A vehicle shall not be disposed of under this section before the expiration of a period of 2 months from the date of its seizure under subsection (1)(b).

(7) Following the seizure of a vehicle under subsection (1)(b), but prior to the disposal of the vehicle, any person may apply to the District Court for the area within which the vehicle was seized for an order releasing the vehicle.

(8) A person intending to make an application under subsection (7) shall give notice in writing before the expiry of the period of 2 months referred to in subsection (6) to a Superintendent of the Garda Síochána in the division in which the vehicle was seized.

(9) On being satisfied by evidence adduced by or on behalf of the applicant that he or she is the owner, and that—

(a) at the time at which the vehicle was seized it was being driven or used by another person without his or her consent, or

(b) he or she will not drive or use the vehicle, or allow the vehicle to be driven or used, in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present,

the court shall direct the release of the vehicle to a person specified in the order.

(10) In making an assessment under subsection (9)(b), the court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the circumstances and the conduct of the applicant at the time at which the vehicle was seized and whether or not the vehicle or another vehicle owned by the applicant has been seized under subsection (1)(b) on any other occasion.

(11) The decision of the District Court on an application under subsection (7) shall be final save that, by leave of that court, an appeal shall lie to the High Court on a point of law.

(12) The standard of proof on an application for the release of a vehicle under this section shall be that applicable to civil proceedings.

(13) Where no application is made for the release of a vehicle seized under this section or the District Court refuses an application to release the vehicle, the Commissioner of the Garda Síochána may dispose of the seized vehicle in any manner he or she thinks fit.

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