S.I. No. 48/2016 - Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th February, 2016.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 41(1) (as last amended by section 60 of the Road Traffic Act 2010 (No. 25 of 2010)) of the Road Traffic Act 1994 (No. 7 of 1994) (as adapted by the Transport (Alteration of the Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), after consultation with the Minister for Justice and Equality, hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016.

2. Regulation 6 of the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 ( S.I. No. 460 of 2011 ) is amended by inserting after paragraph (a) the following:

“(aa) in the case of a vehicle referred to in section 41(1)(a) of the Act of 1994, that the driver was, at the time when the vehicle was detained, the holder of a driving licence or learner permit licensing him or her to drive the vehicle,”.

GIVEN under my Official Seal,

2 February 2016.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend the regulations relating to Garda seizure of vehicles under Section 41 of the Road Traffic Act 1994 to allow waiving of charges for removal, detention and storage of a vehicle where the vehicle was seized on the basis that the driver did not have a valid driving licence or learner permit and it was subsequently demonstrated that they did have such a licence or permit.