150 Ms Shortall asked the Minister for Transport about the penalties for off-road dumpers that are found to have a load in excess of the licensed maximum; if he will provide the most recent statistics available to him on the number of such sanctions taken against drivers in these circumstances; and the way the regulation is enforced. [17112/04]

All vehicles using public roads must comply with the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, inclusive, and the Road Traffic (Construction and Use of Vehicles) Regulations 2003. Vehicles covered by a special permit under Regulation No. 59 of the 2003 regulations must operate within its terms.

The regulations include provisions on the maximum weights and dimensions of vehicles. The penalties for a breach are a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence, and a fine of €1,500 or a term of imprisonment not exceeding three months or a fine of €1,500 and a term of imprisonment not exceeding three months in the case of a third or subsequent offence in a period of 12 consecutive months. The Garda Síochána is responsible for the enforcement of the regulations. Information on the number of prosecutions involving off road dumpers for exceeding their maximum permitted weight load is not available in my Department.