S.I. No. 89/1995 - Road Traffic Act, 1994 (Section 41) Regulations, 1995.

S.I. No. 89 of 1995.

ROAD TRAFFIC ACT, 1994 (SECTION 41) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 41 of the Road Traffic Act, 1994 (No. 7 of 1994), having consulted with the Minister for Justice, hereby makes the following Regulations:

1. These Regulations may be cited as the Road Traffic Act, 1994 (Section 41) Regulations, 1995.

2. These Regulations shall come into operation on the 19th day of April, 1995.

3. (1) In these Regulations:

"the Act" means the Road Traffic Act, 1994 (No. 7 of 1994);

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"the Commissioner" means the Commissioner of the Garda Síochána;

"day" means any period of 24 hours or part thereof.

(2) In these Regulations, a reference to an article which is not otherwise identified is a reference to an article of these Regulations.

4. Where a member of the Garda Síochána is of opinion that an offence to which section 41 (1) of the Act refers is being or has been committed in respect of the driving or use of a mechanically propelled vehicle, such member may take such steps, including the making of an arrangement with any other person as the member thinks fit, for the detention, removal and storage of the said vehicle.

5. (1) Subject to articles 6,7, 8 and 9, where a vehicle has been detained, removed and stored in accordance with article 4, there shall be paid by the owner of the vehicle to the Commissioner a charge for the detention and removal of the vehicle and a charge for the storage of the vehicle as follows—

( a ) for the detention, removal and for storage for one day of the vehicle— - £100.

( b ) for each further day of storage— - £25.

(2) Subject to articles 6, 7, 8 and 9, a vehicle which has been detained, removed and stored in accordance with article 4 shall not be released until—

( a ) the person claiming the vehicle produces, to the member of the Garda Síochána in charge of the place at which the vehicle is stored, satisfactory evidence of ownership of the vehicle or authority from the owner to claim the vehicle, and

( b ) the charge due for the detention, removal and storage of the vehicle have been paid in accordance with sub-article (1).

(3) A charge under this article may, in default of being paid, be recovered as a simple contract debt in any court of competent jurisdiction.

6. Where a vehicle has been detained, removed and stored in accordance with article 4 in respect of an offence to which section 41 (1) (a) of the Act refers and the owner establishes, to the satisfaction of the member of the Garda Síochána in charge of the place at which the vehicle is stored,

(1) that the vehicle had been taken without the owner's consent, and

(2) that the vehicle was being used without the owner's consent at the time at which it was detained,

the member may release the vehicle to the owner without payment of the charges set out in article 5.

7. Where a vehicle has been detained, removed and stored in accordance with article 4 in respect of an offence to which section 41 (1) (b) of the Act refers and the owner establishes, to the satisfaction of the member of the Garda Síochána in charge of the place at which the vehicle is stored, that an approved policy of insurance within the meaning of section 56 of the Act of 1961 was in force in respect of the use of the vehicle at the time it was detained the member shall release the vehicle to the owner without payment of the charges set out in article 5.

8. Where a vehicle has been detained, removed and stored in accordance with article 4 in respect of an offence to which section 41 (1) (c) of the Act refers and the owner establishes, to the satisfaction of the member of the Garda Síochána in charge of the place at which the vehicle is stored, that excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) in respect of the vehicle had been paid, prior to the detention of the said vehicle, in respect of the day on which the vehicle was detained, or in respect of any part of the period of three months immediately prior to the detention, the member shall release the vehicle to the owner without payment of the charges set out in article 5.

9. Where a vehicle has been detained, removed and stored in accordance with article 4 and the said vehicle was at the time of the detention abandoned or illegally parked, the charges set out in article 5 shall not be applied in addition to the application of charges set out in Regulations made under section 97 of the Act of 1961.

10. Subject to the provisions of section 41 (3) of the Act, the Commissioner may dispose of a vehicle which has been detained, removed and stored in accordance with these Regulations in any manner he thinks fit where the owner of the vehicle has not claimed it or has not paid the charges due in accordance with article 5.

11. Where the Commissioner proposes to dispose of a vehicle in accordance with these Regulations, the Commissioner, shall—

(1) serve on the owner a notice of intention to dispose of the vehicle or

(2) where it has not been found possible after reasonable enquiry to ascertain the name and address of the owner of the vehicle, publish in at least one daily newspaper circulating in the area where the vehicle was detained notice of the intention to dispose of the vehicle.

12. (1) Monies received by the Commissioner on foot of the detention, removal, storage or disposal of a vehicle shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(2) Notwithstanding the provisions of sub-article (1) of this article, where before the expiration of the period of one year commencing on the date of the disposal of a vehicle by the Commissioner a person satisfies the Commissioner that he was the owner of the vehicle at the time of its disposal, the Commissioner shall pay him a sum by which the proceeds of the disposal exceed the charges due for the detention, removal and storage of the vehicle, together with the expenses reasonably incurred in the disposal of the vehicle.

GIVEN under the Official Seal of the Minister for the Environment, this 11th day of April, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to the provisions of section 41 of the Road Traffic Act, 1994 and outline the procedures governing the detention, removal, storage and subsequent release of disposal of vehicles detained under that section.