Minister for Transport Darragh O’Brien has promised to “go hard” in tackling dangerous scrambler use in towns and cities. Coalition rhetoric on the issue is even stronger, with a new “total ban” on the machines being flagged. But what is new and what might change?
What is the current legal situation?
Scrambler use is already illegal on public roads and in public places, in almost all contexts. It is illegal to use an unregistered scrambler in a public place and it is illegal to drive a scrambler dangerously anywhere. Gardaí also have powers to seize vehicles being driven dangerously or without insurance, registration or tax. Vehicles can also be seized when the driver doesn’t have the right licence.
It seems there is only a very small amount of scrambler use on public roads and in public places that isn’t already illegal – where the vehicle is properly registered and is not being driven dangerously.
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So what is changing?
We haven’t seen the text of the new regulations, but they will explicitly prohibit the use of vehicles like scramblers anywhere that is not captured by the existing definition of a public place - with the Government giving the example of car parks. This will make the situation clearer – with the mere use of a vehicle in these locations being an offence.
Gardaí won’t have to form a reasonable conclusion about dangerous use before the vehicle can be seized; if they see a scrambler anywhere in public, it can be seized.
Current charges imposed after seizure (€125 for the first day, €35 per day thereafter), which must be paid before a vehicle is released, are being increased in the hope of reducing the number of vehicles being released back to their owners. At present, it is unclear how much the charges will go up by.
It is also unclear how many scramblers have been released back to owners after seizure.
What wasn’t done under existing powers?
The Minister for Transport already had powers under 2023 legislation to provide regulations prohibiting or restricting the use of certain classes of vehicles in particular places. However, these were never acted on until now. The new regulations are being brought in under this section of the relevant Act.
It’s impossible to say whether regulations would have prevented the death of teenager Grace Lynch. Grace died after being struck by a scrambler in Finglas last month, after which the Government moved on its total ban.
Nonetheless, with scrambler use escalating from a public nuisance to a clear danger, the failure to use existing powers reflects poorly on successive governments.
What about enforcement?
The Government says there are existing powers to seize vehicles. It points to over 1,000 such seizures taking place since the 2023 act came into effect. They also say there has been training for gardaí to track scrambler use with the aid of drones. Officers also have the power to pursue drivers subject to their own operational discretion.
[ New scrambler proposals will remove ‘ambiguity’ about their use, Government saysOpens in new window ]
Beat gardaí often say they are loath go on pursuit in case a further accident occurs, which could prompt investigations by policing ombudsman Fiosrú. Minister for Justice Jim O’Callaghan said on Wednesday that “very many” scrambler seizures last year took place from houses, as opposed to after a pursuit.
O’Callaghan said there a code of practice for the use of drones is being finalised, adding he does not believe Fiosrú will pursue gardaí engaged in proportionate pursuit of scramblers.
Again though, given the situation on the ground, the application of existing law and the policing strategies to give effect to it seem to have been inadequate to arrest the rise in dangerous and anti-social scrambler use.
What are the chances of things changing?
Given the fact that the legal situation is not a dramatic departure, it seems that any effective change on the ground will have to come from the policing approach, as well as wider changes in social attitudes towards scrambler use. O’Callaghan said Garda Commissioner Justin Kelly believes there needs to be a “more aggressive response” on the issue, so a lot seems to rest on a change in approach from gardaí.
Given the scale of the issue in some areas, that may be a tall order. Ongoing anti-social use of scramblers will rapidly undermine tough talk from the Government and garda commissioner.
What about e-scooters?
O’Brien signalled more steps to tighten up on e-scooter misuse on Wednesday, but this is coming in behind the scrambler regulations. Expect a focus on speeding, helmets and use of high-visibility clothing.
Minister of State for Road Safety Sean Canney expressed dissatisfaction that some of these vehicles are being marketed at children.
