Immobilisation & Detention

Removal of Vehicles

It is an offence for a person to do any act of commission or omission which causes or is likely to cause traffic to any public place to be obstructed.  A person charged with an offence may have a defence if he can show there was lawful authority for the act, complained of, or it was due to unavoidable accident.

The Minister may make regulations providing for removal of abandoned or unlawfully parked vehicles.  They may provide for storage, removal, and disposal of such vehicles.  They may authorise recovery in accordance with payment of the prescribed fee.  They may authorise the sale of vehicles in the event where they are not redeemed.

The regulations must provide a period of at least six weeks before the vehicle is disposed of, or a period of two weeks after notice has been given whichever is longer.  No action is to be taken in respect to anything done in good faith and without negligence in the course of removal, storage and disposal of vehicle.

Regulations

Regulations empowering Garda Siochana, or the road authorities remove, store, and disposal of unlawfully parked vehicles.  Similar provisions apply to abandoned vehicles.

Regulations permit the removal storage and disposal of vehicles. Vehicles which have been abandoned or unlawfully parked may be removed. They may be disposed of after a six-week period after prescribed notices have been given to the owner. A Garda can require an owner to remove a vehicle which must comply. Goods can be moved under the authority of a Garda or the roads authority.

There are fixed payments for the retrieval of cars which have been removed. There are ongoing daily storage charges. They must be paid before the vehicle is released.

The roads authority or the Garda Commissioner may dispose of the vehicle which has been removed and stored, where  the vehicle has not been claimed or the charges have  not been paid for the specified period.

Notice is to be served on the owner of the intention to dispose of the vehicle . There are provision where he or she cannot be found after reasonable inquiries to ascertain the name and address of the owner have been made.

Monies received on foot of the removal storage and disposal of vehicles are paid to the relevant local authority or the Minister for Finance. Where a person satisfies the Authority or Commissioner that he is the vehicle owner, the net proceed are to be paid to him net of penalties costs of storage costs of removal costs of sale.

Immobillisaiton

Members of an Garda Siochana or  authorised persons (including authorised private contractors), may affix immobilisation devices to vehicles parked in a public place in contravention of the Road Traffic Act or byelaws. They may move the vehicle to another place and fix an immobilisation device to it there.  He should also fix a notice prescribing that the device has been fixed, specifying the steps required for removal and giving certain information as may be prescribed by regulations.

An immobilisation device may only be removed by an authorised person.  The device can only be removed for h the benefit of the owner or a person authorised by the owner who pays the requisite charge.  The charge is not payable if it is shown that the vehicle was parked other than with the consent of the owner. A notice fixed to a vehicle may not be interfered with. The Road Traffic (Immobilisation of Vehicles) Regulations set out the requisite details.

It is an offence to obstruct or impede an authorised person or attempt to remove an immobilisation device.  An immobilisation device may not be fixed to an ambulance, fire engine  or a vehicle used by a member of an Garda Siochana.  The provision does not apply to a vehicle with a valid permit for a disabled driver permanently shown.

Detention

There is a range of circumstances in which a vehicle may be detained removed and/or immobilised including

• failure to produce a licence
• disqualified
• does not hold  the appropriate licence (e.g. learner’s licence unaccompanied or not complying with conditions)
• motor tax not paid
• dangerous driving careless driving
• breach of the vehicle testing or the equivalent from another EU state

The detention and disposal provisions apply if  it is suspected by Revenue Commissioners or a member of an Garda Siochana that a vehicle has not been registered for VRT or is being used in breach of the requirements

The rules permit the removal of the vehicle and provide for its storage disposal and release on payment of fees and charges. They provide for sale of a vehicle to recoup monies due. The vehicle is not to be disposed of until after three weeks from detention  / notice of disposal.

Detention of Vehicles

Regulations may be made for the detention, removal and storage of vehicle used in a proper place where a person fails to produce a driving licence when demanded if An Garda Siochana believe the person this regulation is ineligible by age to hold a driving licence, there is reasonable grounds for believing it has been used in contravention of Section 56 of the 1961 Act.

If a member of An Garda Siochana is of the opinion that the motor taxation has not been paid in respect of a period more than three months prior to the use, the vehicle may be detained.  Provision for daily storage rate is provided .

An Garda Siochana may detain vehicles liable where vehicle registration tax where it is suspected reasonably that they have not been so registered, tax has not been paid or the required declaration has not been made.

Unlawfully parked vehicles may be removed in certain circumstances and detained.  Vehicles parked in contravention of parking regulations in a public place may be immobilised.

Regulations on Detention and Disposal

The Minister may make regulations authorising the detention, removal and storage of vehicles which are used in a public place in certain cases.  This may include

• where a person fails to produce a driving license
• the person is of an age in the opinion of a member of an Garda Siochana that he is ineligible to drive or be licensed to drive
• where a member of an Garda Siochana reasonably believes the vehicle is being used in contravention of rules regarding insurance, regarding vehicle licensing, regarding vehicle test certificates or road worthiness requirements

The regulations may provide for recovery of vehicles on  payment of certain fees, including costs of removal, detention, storage and release etc.  A person may be made for waiver under the rules. The rules may authorise the sale of vehicles so removed, including for the purpose of realisation of the costs.  Prior notices must be given before sale.

There is provision for waiver of charges in certain circumstances. Similar powers apply to abandoned or illegally parked vehicles.

The disposal regulations require notice to be given to the owner provided they can be ascertained. Alternatively a general notice may be published.

Within a year the owner  may claim the net proceeds of disposal (net of charges costs et cetera) There is provision for destruction of vehicles under certain circumstances. An authorised treatment facility issues a certificate of destruction. This may be done in respect of an end-of-life vehicle and  an abandoned or other vehicles being disposed of by Garda Siochana under statutory power