COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, February 17, 2016

MOTION NO. 3

MOTION: Councillor G. Kenny

"That this area committee recognises the lack of regulation and suitable law to control the use of scramblers and quads in urbanised environs. It also recognises and supports the responsible use of such vehicles in a safe and designated area in the locality."

REPORT:

The issue of scramblers and quad bikes being used on parks and open spaces within this County has been raised with the Gardaí in the context of South Dublin County Council's Parks and Open Spaces Bye-Laws 2011. 

Section 3.1 of the bye-laws states the following - 'Save with the permission of the Council, no person shall bring into a Park any Mechanically Propelled Vehicle which includes for the avoidance of doubt motorcycles, motor-cross/quad bikes or other powered vehicles. Such vehicles may be removed from the park/open space by An Garda Síochána’.  A Park is defined in the bye-laws to include parks, open spaces and recreational playing grounds owned, controlled by or in the charge of South Dublin County Council.

The view expressed by An Garda Síochána Traffic Division on the matter is that they have concerns as to whether the relevant legislation gives the Local Authority the power to make a bye-law such as 3.1 which provides for the removal of certain vehicles from parks and open spaces.  They have also queried the fact that nothing further is said in the bye-laws with regard to what happens the vehicle once it has been removed.  They have suggested that the Council obtain legal advice on these matters.

The Council intends obtaining legal advice as suggested by the Gardaí and this may ultimately lead to a need to review the 2011 bye-laws.  The matter will be pursued further with the Gardaí to examine what course of action, if any, might be open to them under the Roads Act in relation to this matter.

The Council's Public Realm Section is also examining those areas where the use of scramblers and quad bikes is an ongoing problem to determine if the erection of fencing or walls in certain places, or a combination of both, might assist in curtailing the problem.  Such measures have been implemented in a number of locations in the past and have successfully dealt with this problem in those areas.  The process of identifying all areas affected by the use of scramblers and quads bikes is underway, each location will be examined to determine if a practical and affordable solution is available there.