A YOUNG driver had to give an assurance at Galway District Court that he would only collect his impounded car from the pound on the back of a flat-bed truck, would never drive it again, and sell it immediately.
Conor McDonagh, Ard Mór, Kilkerrin, Carna had his car seized and impounded on August 23 on suspicion of dangerous driving.
In a civil procedure Cathy McDarby, solr, applied for the return of the vehicle and her client gave an undertaking to Judge Fiona Lydon that he would only retrieve it to sell it and not drive it again.
Section 109A of Ireland’s Road Traffic Act 1961 gives An Garda Síochána powerful legal authority to stop, detain, and seize vehicles used in dangerous ways.
Gardaí are using these powers to stop and seize scrambler bikes, e-scooters and quad bikes, as well as any mechanically propelled vehicles believed to have been driven dangerously.
Gardaí do not have to seize any such vehicle on the public road. They can enter private property, such as driveways of homes (curtilage ) if they suspect such vehicles are being kept there.
Owners of impounded vehicles cannot simply go to the pound and pay a release fee. They must first go to a District Court, as in the McDonagh situation, and apply to a Judge for its release. They must also prove they have the proper licence and valid insurance.
In addition, cumulative pound fees must be met before a vehicle will be released and these fees can be considerable as they clock up on a daily basis. For a car it is €250 for the first day and €70 for each following day. The same rates apply to scramblers and the rate for an e-scooter is €80 and €30 a day thereafter.
It is expected that these powers, first introduced in 2023 to tackle anti-social behavior involving scramblers and quad bikes in particular, will be used to seize scooters being used illegally on city footpaths and roads.
