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Scramblers already illegal on public roads, Department confirms after misleading media coverage
Charges to release a seized scrambler are to be increased. Extended ban to make any use of scramble in parks and car parks illegal. It must be emphasised that using them on our roads is already illegal Department of Transport.Scramblers a type of off-road motorcycle are already illegal to use on public roads, the Department of Transport has confirmed this afternoon after continued misleading media coverage about the devices. The confusion comes after highent focus on scrmabers follow how 16-year-old Grace Lynch was killed when she was struck by a scrambler in Finglas on January 25th.Some of the confusion seems to stem from political journalists and generalist reporters misinterpreting statements about adding extra clarity to the law on scramblers as meaning this will be the first time scramblers are banned, even on public roads.Some media reports also seem to confuse a public road with a public place. Most scramblers in use, which are designed for off-road use, are already effectively banned on public roads, but the Department wants to add certainty for enforcement around public places such as parks or car parks where Gardai can currently only seize scooters if they are being driven dangerously.The Department said that following a meeting of senior political leaders convened by the Taoiseach, Michel Martin, on January 28th, the Minister for Transport will present proposals to Cabinet tomorrow outlining plans to fully ban the use of scramblers on public roads and in public places.The changes are expected to be in place in the coming weeks.A spokesperson at the Department of Transport said: To be clear, however, the vast majority of scrambler use outside of appropriate off-road settings is already illegal and Garda have the necessary enforcement powers to intervene based on existing legislation. New regulations will aim to deal with situations such as where a scrambler is being driven safely in a private car park, by making mere usage in that location illegal, and increase the financial charges to release a scrambler after it has been seized, helping to reduce the number that end up back on our roads.The Department of Transport spokesperson said: Under the Road Traffic Act 1961, a mechanically propelled vehicle such as a scrambler, can only be legally used in public places if it is registered, taxed, insured, roadworthy, and has a registration plate. The driver must hold the relevant driving licence. Most scramblers are designed for off-road use only and do not meet these requirements. Their use on the road is illegal.As most scramblers are designed for off-road use only and are unregistered, they cannot be taxed. Exercising powers made by regulation under Section 41 of the Road Traffic Act 1994, An Garda Sochna has the power to seize 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, the Department said.When seized, Gardai have the power to dispose of the vehicle six weeks after the date of detention, provided two weeks notice of the intention to dispose is given.The Department of Transport outlined how the law was updated in 2023 to further strengthen the legal position and help tackle antisocial use of scramblers and other off-road vehicles.These changes were made in the Road Traffic and Roads Act 2023, which included that it is now an offence to drive dangerously in any location, not just in public places, that Garda have the power to seize vehicles being driven dangerously, and that the Minister for Transport can make regulations to restrict certain vehicles or classes of vehicles in particular locations.The Department said that three provisions were commenced in July 2023, one month after the enactment of the Act.Since they were commenced, off-road scramblers are no longer just illegal for use in public places it is illegal to drive them dangerously anywhere, even on private land. More importantly, Garda have full powers to seize a scrambler being driven dangerously in any location, even where they believe it will be driven dangerously, and they can enter a dwelling to retrieve a scrambler after the fact, the spokesperson said.The Department said that the powers are being used, pointing to over 1,000 e-scooters, quad bikes and scramblers being seized since 2023.The spokesperson said: The above measures represent a comprehensive legislative response to the dangerous use of off-road scramblers, and it must be emphasised that using them on our roads is already illegal.Following the tragic death of Grace Lynch, we call on all scrambler users to obey these laws that are designed to ensure the safety of everyone. We ask family members to speak with those in their lives who may ride scramblers illegally, the spokesperson said.The Department said that anyone buying a scrambler should be aware that, unless you plan to use it exclusively for off-road purposes, such as farm work or not use it at all, there is no lawful reason to possess one.The Department said that it is now the intention of the Minister for Transport, Darragh OBrien, to change the law and implement a total ban on scrambler use in public places, closing any potential edge cases where their use may previously have been legal.
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