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—

F49[(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, F50[…]

(iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner F51[permit, or]]

F52[(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).]

F53[(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 F53[2 months] or more immediately prior to such F53[use,]

F54[(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) F55[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 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 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 F56[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:

F49

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

F50

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

F51

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

F52

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

F53

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

F54

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

F55

Inserted (1.01.2020) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 45(a), S.I. No. 682 of 2019.

F56

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

F57

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 32(a), (c), not commenced as of date of revision.

F58

Deleted by Road Traffic and Roads Act 2023 (16/2023), s. 32(b), not commenced as of date of revision.

F59

Inserted Road Traffic and Roads Act 2023 (16/2023), s. 32(d), not commenced as of date of revision.

F60

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 11(c)(i)(I), (II), not commenced as of date of revision.

F61

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 11(c)(i)(III), not commenced as of date of revision.

F62

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 11(c)(ii), not commenced as of date of revision.

F63

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

Modifications (not altering text):

C43

Prospective affecting provision: subs. (1) and paras. (e), (f) amended, (g) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 32(a)-(d), not commenced as of date of revision. Note that this section is also prospectively amended by Road Traffic and Roads Act 2023, s. 11(c). The amendments shown in this C-note incorporate the versions of paras. (e), (f) substituted by that section and shown in the C-note below.

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 F57[, 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— ...

F62[(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 section 6 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012, F58[…]

(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 Directive 2014/45/EU of 3 April 20142 which is for the time being in force in respect of F57[the vehicle, or]]

F59[(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.]

C44

Prospective affecting provision: subs. (1)(a)(iii), (iv) amended and (v) and paras. (e), (f) substituted by Road Traffic and Roads Act 2023 (16/2023), s. 11(c)(i), (ii), not commenced as of date of revision.

F49[(a) the person driving the vehicle— ...

(iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner F60[permit,]]

F52[(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 F60[(S.I. No. 537 of 2006, or]]

F61[(v) is, in the opinion of a member of the Garda Síochána, not the holder of a driving licence or learner permit.]

...

F62[(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 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 Síochána is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Directive 2014/45/EU of 3 April 20142 which is for the time being in force in respect of the vehicle.]

C45

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

F54[(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 F63[or Directive 2009/40/EC of the European Parliament and of the Council of 6 May 20092 which is for the time being in force in respect of the vehicle.]

Editorial Notes:

E102

Power pursuant to subs. (1) exercised (15.04.2021) by Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2021 (S.I. No. 179 of 2021).

E103

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).

E104

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).

E105

Certificate of destruction may be given to Gardaí if vehicle being disposed of under section as provided (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 18(1)(c), in effect as per reg. 3.

E106

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

E107

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).

E108

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.

E109

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.