Road Traffic Act, 1994 (Section 41) Regulations, 1995.

JurisdictionIreland
CitationIR SI 89/1995
Year1995

S.I. No. 89 of 1995.

ROAD TRAFFIC ACT, 1994 (SECTION 41) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by sections 3 and 41 of the Road Traffic Act, 1994 (No. 7 of 1994), having consulted with the Minister for Justice, hereby makes the following Regulations:

1. These Regulations may be cited as the Road Traffic Act, 1994 (Section 41) Regulations, 1995.

2. These Regulations shall come into operation on the 19th day of April, 1995.

3. (1) In these Regulations:

"the Act" means the Road Traffic Act, 1994 (No. 7 of 1994);

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"the Commissioner" means the Commissioner of the Garda Síochána;

"day" means any period of 24 hours or part thereof.

(2) In these Regulations, a reference to an article which is not otherwise identified is a reference to an article of these Regulations.

4. Where a member of the Garda Síochána is of opinion that an offence to which section 41 (1) of the Act refers is being or has been committed in respect of the driving or use of a mechanically propelled vehicle, such member may take such steps, including the making of an arrangement with any other person as the member thinks fit, for the detention, removal and storage of the said vehicle.

5. (1) Subject to articles 6,7, 8 and 9, where a vehicle has been detained, removed and stored in accordance with article 4, there shall be paid by the owner of the vehicle to the Commissioner a charge for the detention and removal of the vehicle and a charge for the storage of the vehicle as follows—

( a ) for the detention, removal and for storage for one day of the vehicle— - £100.

( b ) for each further day of storage— - £25.

(2) Subject to articles 6, 7, 8 and 9, a vehicle which has been detained, removed and stored in accordance with article 4 shall not be released until—

( a ) the person claiming the vehicle produces, to the member of the Garda Síochána in charge of the place at which the vehicle is stored, satisfactory evidence of ownership of the vehicle or authority from the owner to claim the vehicle, and

( b ) the charge due for the detention, removal and storage of the vehicle have been paid in accordance with sub-article (1).

(3) A charge under this article may, in default of being paid, be recovered as a simple contract debt in any court of competent jurisdiction.

6. Where a vehicle has been detained, removed and stored in accordance with...

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