Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011.
(2) These Regulations come into operation on 15th September 2011.
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paragraphs: In these Regulations—
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paragraphs: A member of the Garda SÃ­ochÃ¡na is authorised in the case of a mechanically propelled vehicle referred to in section 41(1) of the Act of 1994 to detain, remove and store the vehicle and to make an arrangement with any other person for such detention, removal or storage.
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paragraphs: Subject to Regulation 6 and 7, a vehicle which has been detained, removed and stored in accordance with Regulation 3 shall not be released until the person claiming the vehicle—
(a) pays the charges in respect of the detention, removal and storage of the vehicle in accordance with Regulation 5, and
(b) produces to the member of the Garda SÃ­ochÃ¡na or to the authorised agent who is in charge of the place at which the vehicle is kept—
(i) the vehicle registration book, vehicle licensing certificate or vehicle registration certificate which names the registered owner of the vehicle,
(ii) photographic identification showing the person to be the owner named, and
(iii) where the owner or another person intends to drive the vehicle away—
(A) a driving licence licensing the intending driver to drive the vehicle, and
(B) an approved policy of insurance in respect of the use of the vehicle by the intending driver.
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paragraphs: (1) Subject to Regulation 6 and 7, where a vehicle has been detained, removed and stored in accordance with Regulation 3, the owner of the vehicle shall pay to the Commissioner the following charges:
(a) in the case of a vehicle with a design gross weight not exceeding 3,500 kg—
(i) €125in respect of its detention, removal and storage for one day or a part of a day, and
(ii) €35in respect of each further day or part of a day that it is stored;
(b) in the case of a vehicle with a design gross weight exceeding 3,500 kg—
(i) €250in respect of its detention, removal and storage for one day or a part of a day, and
(ii) €50in respect of each further day or part of a day that it is stored.
(2) A charge under this Regulation may be paid to an authorised agent.
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paragraphs: Where a vehicle has been detained, removed and stored in accordance with Regulation 3 and the owner of the vehicle establishes to the satisfaction of the member of the Garda SÃ­ochÃ¡na in charge of the place at which the vehicle is stored—
(a) in the case of a vehicle referred to in section 41(1)(a) of the Act of 1994, that the vehicle—
(i) had been taken without the owner’s consent, and
(ii) was being used without the owner’s consent at the time it was detained,
(b) in the case of a vehicle referred to in section 41(1)(b) of the Act of 1994, that an approved policy of insurance was in force in respect of the use of the vehicle at the time it was detained,
(c) in the case of a vehicle referred to in section 41(1)(c) of the Act of 1994, that any excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952) in respect of the vehicle had been paid prior to the detention of the said vehicle, in respect of the day on which the vehicle was detained, or in respect of any part of the period of 2 months immediately prior to the detention,
(d) in the case of a vehicle referred to in section 41(1)(d) of the Act of 1994, that at the time it was detained a test certificate (within the meaning of the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 )) was in force in respect of the vehicle, or
(e) in the case of a vehicle referred to in section 41(1)(e) of the Act of 1994, that at the time it was detained a certificate of roadworthiness (within the meaning of the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 )) was in force in respect of the vehicle,
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paragraphs: Where a vehicle has been detained, removed and stored in accordance with Regulation 3 and such vehicle was at the time of the detention abandoned or illegally parked, the charges specified in Regulation 5 shall not be applied in addition to the application of charges specified in regulations made under section 97 of the Road Traffic Act 1961 .
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paragraphs: Subject to section 41(3) (as amended by section 90 of the Road Traffic Act of 2010 (No. 25 of 2010)) of the Act of 1994, where the owner of a vehicle which has been detained, removed and stored in accordance with Regulation 3 has not claimed the vehicle or has not paid the charges due in accordance with Regulation 5, the Commissioner may dispose of the vehicle in any manner he or she thinks fit.
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paragraphs: Where the Commissioner proposes to dispose of a vehicle under Regulation 8, the Commissioner shall—
(a) serve on the owner a notice of intention to dispose of the vehicle, or
(b) where, after reasonable enquiry, it has not been possible to ascertain the name and address of the owner of the vehicle, publish in at least one daily newspaper circulating in the area where the vehicle was detained—
(i) a notice of intention to dispose of a number of vehicles, and
(ii) the Internet address of the website where the notice of intention to dispose of each vehicle may be viewed.
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paragraphs: Where, before the expiration of the period of one year commencing on the date of the disposal of a vehicle by the Commissioner, a person satisfies the Commissioner that he or she was the owner of the vehicle at the time of its disposal, the Commissioner shall pay him or her any proceeds from the disposal less the sum of the charges due for the detention, removal and storage of the vehicle and the expenses reasonably incurred in the disposal of the vehicle.
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paragraphs: The following are revoked:
(a) the Road Traffic Act 1994 (Section 41) Regulations 1995 ( S.I. No. 89 of 1995 ); and
(b) the Road Traffic Act 1994 (Section 41) (Amendment) Regulations 1998 ( S.I. No. 357 of 1998 ).