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Dáil

Written answer

Departmental Policies

337. Deputy Mark Ward asked the Minister for Transport the steps his Department is taking to reduce the number of illegal scrambler incidents; if additional legislation is being considered; and if he will make a statement on the matter. [57041/26]

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Seán Canney Minister of State at the Department of Transport Independent

On 1 April the Road Traffic (Control of Certain Vehicles) Regulations 2026, known as Grace's Law in memory of Grace Lynch, were signed into law. The regulations implement an explicit ban on scrambler use in any public place and strengthen existing provisions and powers of enforcement by An Garda Síochána.

Since July 2023, off-road scramblers have been illegal for use on public roads and it has also been illegal to drive them dangerously anywhere, even on private land. An Garda Síochána has full powers to seize a scrambler being driven dangerously in any location, even where they have the reasonable belief that the vehicle will be driven dangerously, and they can enter the curtilage of a dwelling to retrieve a scrambler after the fact. It has also been an offence to sell or otherwise supply a mechanically propelled vehicle, such as a scrambler, to a minor since 2004.

The new regulations complete the introduction of provisions in the Road Traffic and Roads Act 2023 to tackle the dangerous use of scramblers and bring additional legal clarity by consolidating the disparate existing provisions into a single legislative instrument in respect of scramblers. The regulations prohibit the use of an off-road motorcycle, such as a scrambler or a quadbike, in any place, except on private land with the written consent of the landowner or use by the landowner. They impose a requirement of consent where restricted vehicles are used on private land and will make enforcement easier. The mere use of scramblers will now explicitly be an offence, assisting An Garda Síochána operationally by ensuring that members will no longer have to form a reasonable belief about dangerous use.

The regulations do not apply to registered, on-road motorcycles that are safe and legal for road use. It is important to note however that dangerous driving offences and all relevant road traffic laws continue to apply to the use of these vehicles. They also allow for the continued appropriate off-road use of scramblers or quadbikes, such as for agricultural purposes and for controlled licenced sports events.

I signed further regulations on 21 July to double the charges applying to vehicles seized under Section 41 of the Road Traffic Act 1994 (as amended). This section provides that the Minister for Transport may, after consultation with the Minister for Justice, make regulations in relation to An Garda Síochána’s powers of detention, removal, storage and release or disposal of mechanically propelled vehicles, including scramblers, in use in a public place. Reasons for seizure under Section 41 include no valid driving licence, no valid insurance, no valid roadworthiness certificate and no motor tax. The new Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2026 were made following consultation with the Minister for Justice and will come into operation on 14 August.

Finally, Minister O’Brien met with the Garda Commissioner on 4 June to discuss road safety and An Garda Síochána’s enforcement actions against anti-social behaviour on our streets including the dangerous use of scramblers. The meeting discussed measures to further strengthen the sanctions on the owners of scramblers which are seized and the Minister committed to following up on any requests from An Garda Síochána that require legislative change to the Road Traffic Acts to increase the effectiveness of their enforcement.

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