Ministers have insisted new proposals on scramblers in public places will remove “ambiguity” about the use of the vehicles.
Proposals to implement a total ban on scrambler use in public places were agreed by Cabinet on Wednesday.
It comes after the Government promised renewed efforts to remove them from the roads after the death of 16-year-old Grace Lynch in Finglas, Dublin, last month.
Speaking at a press conference after Cabinet concluded, Minister for Transport Darragh O’Brien said the additional measures, which will be brought forward in the coming weeks, “remove any ambiguity” about scrambler use.
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However, the use of scramblers on public roads was already illegal in almost all circumstances.
Existing laws make it illegal to use an unregistered scrambler in a public place and illegal to use a scrambler dangerously in any location. The garda has powers to seize any vehicles being driven dangerously or without insurance, motor tax or registration, or if the driver doesn’t have a licence.
Ministers argued on Wednesday that their planned move would clarify matters for the public and gardaí. They rejected the suggestion not much would change under the new regulations, with O’Brien saying this was a “major difference to what was there before”.
“Critically, what Grace’s Law does here is remove any grey area – with regard to if a scrambler is seen on a road, in a park, at a playing pitch – it’s illegal. It can be seized, and we want them seized and we want them destroyed,” he said.
O’Brien said, however, that regulations had not been made under a section of the Act, giving the Minister for Transport the power to ban a certain type of vehicle from particular locations.
He conceded that Government action was in response to Lynch’s death. Asked if the Government should have had a tougher approach before this, he said it was “something that absolutely is on my mind”.
“This element of the regulation ... the regulations were between [the Department of] Justice and our own Department of Transport and the Attorney General and they weren’t concluded. Would that have stopped the situation, and stopped that tragic event, and saved Grace’s life, I don’t know.”
However, he argued other powers which were brought in under the 2023 legislation had make a difference, pointing to the number of vehicles seized since then.
The outright ban now being proposed goes further than measures originally conceived in the legislation, he said. It will explicitly prohibit the use of scramblers where the public might be present in places not captured by existing definitions and make the mere use of them an offence.
This is in contrast to a garda having to form a reasonable belief about dangerous use before seizure. Charges that accrue each day after a scrambler has been seized will also be increased, but the level is not yet known. Charges are currently €125 on the day of seizure and €35 every day after.
Taoiseach Micheál Martin said in the Dáil that gardaí have powers “to destroy seized scramblers six weeks after detention”.
Government figures show that over 1,000 scramblers, quads and other vehicles have been seized under existing powers in place since 2023.
An Garda Síochána could not immediately provide statistics on how many had been released back to their owners after seizure.
Speaking on Wednesday, Minister for Justice Jim O’Callaghan said he would like to see gardaí pursue people using scramblers on the roads while outlining how they also have discretion on whether or not it is appropriate to mount a chase.
He said the Garda already do pursue people and he noted 113 scramblers were seized last year.
O’Callaghan said he has spoken to Garda Commissioner Justin Kelly about the scrambler issue and he saidKellybelieves “there needs to be a more aggressive response from the Garda Síochána with respect” to their use.
The Minister said the regulations announced on Wednesday “will make the position of An Garda Síochána easier because they’ll know now that if there’s any scrambler on a public road, well, that’s there unlawfully.”
Asked about safety issues that arise in the pursuit of scramblers, O’Callaghan said: “At present, they [gardaí] can pursue if they believe it is appropriate” but gardaí have “discretion” on this.
O’Callaghan also said he has spoken to Kelly about plans for drones to be used as part of a crackdown on scramblers and he said: “There’s a code of practice that the Commissioner is finalising with respect of that.”
Minister of State for Road Safety Seán Canney said Government will look at issues around licensing of scramblers for sports clubs, and the regulation of e-scooters – but that these would follow at a later date once the ban had been introduced.
Canney also signalled he would be “looking at the area of sale, licensing ... because we need to tie it all down so people are responsible for their actions.”
Grace Lynch died after being hit by a scrambler motorbike as she used a pedestrian crossing on Ratoath Road, Finglas, last month.
A man appeared in court last week charged in connection with the incident.
In the wake of the death, Martin signalled the Government would seek to remove scrambler bikes from the roads.
In the Dáil on Wednesday, Martin rejected claims by Sinn Féin leader Mary Lou McDonald that gardaí have their hands “tied behind their backs” in dealing with scramblers.
Martin insisted An Garda Síochána “have significant powers”.. There was already “a body of legislation in respect of scramblers” which are illegal on public roads.
He said the Garda Commissioner had confirmed there would be “intensive action” in areas affected.
McDonald said it was “unforgivable” it took the death of Grace Lynch for the Government to act.
