{"id":12114,"date":"2022-07-16T13:07:16","date_gmt":"2022-07-16T13:07:16","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12114"},"modified":"2024-04-13T11:30:23","modified_gmt":"2024-04-13T11:30:23","slug":"detention-disposal","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/detention-disposal\/","title":{"rendered":"Immobilisation &#038; Detention"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Removal_of_Vehicles\" title=\"Removal of Vehicles\">Removal of Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Regulations\" title=\"Regulations\">Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Immobillisaiton\" title=\"Immobillisaiton\">Immobillisaiton<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Detention\" title=\"Detention\">Detention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Detention_of_Vehicles\" title=\"Detention of Vehicles\">Detention of Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/detention-disposal\/#Regulations_on_Detention_and_Disposal\" title=\"Regulations on Detention and Disposal\">Regulations on Detention and Disposal<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/detention-disposal\/2\/#ROAD_TRAFFIC_ACT_2006\" title=\"ROAD TRAFFIC ACT 2006\">ROAD TRAFFIC ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/detention-disposal\/2\/#Detention_of_vehicles\" title=\"Detention of vehicles.\">Detention of vehicles.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Removal_of_Vehicles\"><\/span>Removal of Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.\u00a0 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.<\/p>\n<p>The Minister may make regulations providing for removal of abandoned or unlawfully parked vehicles.\u00a0 They may provide for storage, removal, and disposal of such vehicles.\u00a0 They may authorise recovery in accordance with payment of the prescribed fee.\u00a0 They may authorise the sale of vehicles in the event where they are not redeemed.<\/p>\n<p>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.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulations\"><\/span>Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regulations empowering Garda Siochana, or the road authorities remove, store, and disposal of unlawfully parked vehicles.\u00a0 Similar provisions apply to abandoned vehicles.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>The roads authority or the Garda Commissioner may dispose of the vehicle which has been removed and stored, where \u00a0the vehicle has not been claimed or the charges have \u00a0not been paid for the specified period.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Immobillisaiton\"><\/span>Immobillisaiton<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Members of an Garda Siochana or \u00a0authorised 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.\u00a0 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.<\/p>\n<p>An immobilisation device may only be removed by an authorised person.\u00a0 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.\u00a0 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.<\/p>\n<p>It is an offence to obstruct or impede an authorised person or attempt to remove an immobilisation device.\u00a0 An immobilisation device may not be fixed to an ambulance, fire engine \u00a0or a vehicle used by a member of an Garda Siochana.\u00a0 The provision does not apply to a vehicle with a valid permit for a disabled driver permanently shown.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Detention\"><\/span>Detention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a range of circumstances in which a vehicle may be detained removed and\/or immobilised including<\/p>\n<ul>\n<li>failure to produce a licence<\/li>\n<li>disqualified<\/li>\n<li>does not hold \u00a0the appropriate licence (e.g. learner&#8217;s licence unaccompanied or not complying with conditions)<\/li>\n<li>motor tax not paid<\/li>\n<li>dangerous driving careless driving<\/li>\n<li>breach of the vehicle testing or the equivalent from another EU state<\/li>\n<\/ul>\n<p>The detention and disposal provisions apply if\u00a0 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<\/p>\n<p>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 \u00a0\/ notice of disposal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Detention_of_Vehicles\"><\/span>Detention of Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.\u00a0 Provision for daily storage rate is provided .<\/p>\n<p>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.<\/p>\n<p>Unlawfully parked vehicles may be removed in certain circumstances and detained.\u00a0 Vehicles parked in contravention of parking regulations in a public place may be immobilised.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulations_on_Detention_and_Disposal\"><\/span>Regulations on Detention and Disposal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may make regulations authorising the detention, removal and storage of vehicles which are used in a public place in certain cases.\u00a0 This may include<\/p>\n<ul>\n<li>where a person fails to produce a driving license<\/li>\n<li>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<\/li>\n<li>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<\/li>\n<\/ul>\n<p>The regulations may provide for recovery of vehicles on \u00a0payment of certain fees, including costs of removal, detention, storage and release etc.\u00a0 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.\u00a0 Prior notices must be given before sale.<\/p>\n<p>There is provision for waiver of charges in certain circumstances. Similar powers apply to abandoned or illegally parked vehicles.<\/p>\n<p>The disposal regulations require notice to be given to the owner provided they can be ascertained. Alternatively a general notice may be published.<\/p>\n<p>Within a year the owner \u00a0may 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 \u00a0an abandoned or other vehicles being disposed of by Garda Siochana under statutory power<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 2006<\/h2>\n<p>&nbsp;<\/p>\n<p>Section 19<\/p>\n<h4>Detention of vehicles.<\/h4>\n<p>19.\u2014 Section 41(1) of the Act of 1994 is amended\u2014<\/p>\n<p>(a) by substituting for paragraph (b) the following:<\/p>\n<p>\u201c(b) the vehicle is, or a member of the Garda S\u00edoch\u00e1na reasonably believes it to be in the State and the member is of the opinion that the vehicle is, being so used in contravention of section 56(1) of the Principal Act,\u201d,<\/p>\n<p>(b) in paragraph (c), by substituting \u201c2 months\u201d for \u201c3 months\u201d and \u201cuse,\u201d for \u201cuse.\u201d, and<\/p>\n<p>(c) by inserting after paragraph (c) the following:<\/p>\n<p>\u201c(d) the vehicle is, or a member of the Garda S\u00edoch\u00e1na is of the opinion that the vehicle is, being so used in contravention of section 18(1) of the Principal Act,<\/p>\n<p>(e) the vehicle is, or a member of the Garda S\u00edoch\u00e1na is of the opinion that the vehicle is, being so used in contravention of Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), or<\/p>\n<p>(f) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda S\u00edoch\u00e1na is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Council Directive 96\/96\/EC of 20 December 1996 1 which is for the time being in force in respect of the vehicle.\u201d.<\/p>\n<p>1 O.J. No. L46, 17.02.97, p.1<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12114\" data-postid=\"12114\" class=\"themify_builder_content themify_builder_content-12114 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>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.\u00a0 A person charged with an offence may have a defence if he can show there was lawful authority for the act, complained [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12114"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12114"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12114\/revisions"}],"predecessor-version":[{"id":35312,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12114\/revisions\/35312"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12114"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12114"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12114"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}