41. Detention of vehicles.
Amendments (requiring commencement) by s. 11 of the Road Traffic and Roads Act 2023 (No. 16), published 23 June 2023.
(1) The Minister may, after consultation with the Minister for Justice, make regulations authorising and providing for the detention, removal, storage and subsequent release or disposal of, in the case of paragraphs (a) to (f), a mechanically propelled vehicle in use in a public place and, in the case of paragraph (g), a powered personal transporter in use in a public place where -
(a) the person driving the vehicle -
(i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda Síochána under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle,
(ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010,
(iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner permit, or
(iv) is, in the opinion of a member of the Garda Síochána, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).