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 F49[, in the case of paragraphs (a) to (f), a mechanically propelled vehicle in use in a public place and, in the case of paragraph (g), a powered personal transporter in use in a public place] where—

F50[(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 Síochána 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, F51[…]

(iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner F52[permit, or]]

F53[(iv) is, in the opinion of a member of the Garda Síochána, 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).]

F54[(b) the vehicle is, or a member of the Garda Síochána 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 F54[2 months] or more immediately prior to such F54[use,]

F55[(d) the vehicle is, or a member of the Garda Síochána 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 Síochána 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) F56[or section 6 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012], F57[…]

(f) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda Síochána 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 F49[the vehicle, or]]

F58[(g) the powered personal transporter is, or a member of the Garda Síochána is of the opinion that the powered personal transporter is, being so used in contravention of—

(i) any regulations made under section 11 of the Principal Act, or

(ii) subsection (1) or (2) of section 54 of the Principal Act.]

(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 F59[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.