Road Traffic Act 1994 (Detention of Vehicles) Regulations, 2011

JurisdictionIreland
CitationIR SI 460/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th September, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 41 (1) (as amended by section 19 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1994 (No. 7 of 1994) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of the Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )) having consulted with the Minister for Justice and Equality, hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011.

(2) These Regulations come into operation on 15th September 2011.

Definitions

2. In these Regulations—

“Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994);

“approved policy of insurance” means an approved policy of insurance within the meaning of section 56 of the Road Traffic Act 1961 (No. 24 of 1961);

“authorised agent” means an agent of the Garda Síochána authorised to accept payment of a charge on behalf of the Commissioner and to release a vehicle in accordance with these Regulations;

“Commissioner” means Commissioner of the Garda Síochána;

“design gross vehicle weight” means the gross weight of a vehicle laden with the heaviest load it can reasonably carry having regard to the engine capacity, brakes, tyres and the general construction of the vehicle and shall, until the contrary is shown, be taken to be the design gross weight of the vehicle as specified by the manufacturer or distributor, or where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“dispose of” includes sell.

Detention, removal and storage of vehicle

3. A member of the Garda Síochána is authorised in the case of a mechanically propelled vehicle referred to in section 41(1) of the Act of 1994 to detain, remove and store the vehicle and to make an arrangement with any other person for such detention, removal or storage.

Release of vehicle

4. Subject to Regulation 6 and 7, a vehicle which has been detained, removed and stored in accordance with Regulation 3 shall not be released until the person claiming the vehicle—

(a) pays the charges in respect of the detention, removal and storage of the vehicle in accordance with Regulation 5, and

(b) produces to the member of the Garda Síochána or to the authorised agent who is in charge of the place at which the vehicle is kept—

(i) the vehicle registration book, vehicle licensing certificate or vehicle registration certificate which names the registered owner of the vehicle,

(ii) photographic identification showing the person to be the owner named, and

(iii) where the owner or another person intends to drive the vehicle away—

(A) a driving licence licensing the intending driver to drive the vehicle, and

(B) an approved policy of insurance in respect of the use of the vehicle by the intending driver.

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