Road Traffic Act, 1994
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Detention of vehicles. |
41.—(1) The Minister may, after consultation with the Minister for Justice, make regulations authorising and providing for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle in use in a public place where— | |
(a) the person driving the vehicle refuses or fails to produce there and then a driving licence then having effect and licensing him to drive the vehicle, when production of such a licence is demanded of him by a member of the Garda Síochána under section 40 (1) of the Principal Act and the member is of opinion that the person is by reason of his age ineligible to hold a driving licence licensing him to drive the vehicle, | ||
(b) the vehicle is or a member of the Garda Síochána reasonably believes it to be registered in the State and the member is of opinion that the vehicle is being so used in contravention of section 56 (1) of the Principal Act, or | ||
(c) a member of the Garda Síochána is of opinion that any excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , in respect of the vehicle, being a vehicle which is or which the member reasonably believes to be registered in the State, has not been paid in respect of a continuous period of 3 months or more immediately prior to such use. | ||
(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)— | ||
(a) authorise and provide for the recovery by such persons or classes of persons as may be specified in the regulations from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal and for the disposal of moneys received in respect of such charges, | ||
(b) provide for the waiver or deferral of such charges in such circumstances as may be specified in the regulations, | ||
(c) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles detained, removed or stored to such persons and upon such conditions as may be specified in the regulations, | ||
(d) authorise and provide for the sale (or the disposal otherwise than by sale), by or on behalf of persons referred to in paragraph (a) of vehicles detained, removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal. | ||
(3) Notwithstanding any other provisions of this section, a vehicle shall not be disposed of thereunder before the expiration of a period of 6 weeks from the date of its detention or 2 weeks after notice of the intended disposal has been given in the prescribed manner, whichever is the longer. | ||
(4) A person who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the performance of his duties under this section shall be guilty of an offence. | ||
(5) No action shall lie in respect of anything done in good faith and without negligence in the course of the detention, removal, storage, release or disposal of a vehicle under this section. |