Government says Gardai have power to stop cyclists riding in storms

Gardai have power to stop cyclists riding in storms

The Government has now set out the powers Gardai have to stop people out cycling in a storm warning. And you can also be fined and even jailed.

 

Gardai have power to stop cyclists riding in storms

 

With no cycling casualties reported during Hurricane Ophelia’s battering of Ireland on Monday, it was those who took to the water who caught the headlines.

A life boat and helicopter rescue mission was dispatched to wind surfers off the coast of Blackrock in Co Louth. And people entering the water in Salthill also featured in news bulletins.

The sister of Dara Fitzpatrick, the Coast Guard Rescue 116 captain who died with her crew in a crash in Mayo in March, was highly critical.

She described those taking to the water during storm warnings as “reckless idiots” who did not seem to consider the risk they were creating for emergency workers who may be forced to rescue them.

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Taoiseach Leo Varadkar has said he would examine creating a new criminal offence of ignoring a storm warning.

While that may seem a stretch, the Department of Justice today set out the powers the Garda already has to prevent anybody – including cyclists – from putting themselves in danger during a storm.

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In effect, the Garda can stop you going out on your bike during a storm. You can be convicted of a criminal offence and suffer fines and even a prison sentence.

Minister of State David Stanton set out the powers today in the Senate, where he was speaking on behalf of Minister for Justice Charlie Flanagan.

“Weather events like Hurricane Ophelia are a rarity on this island. This was Ireland’s first national ‘red alert,” he said.

“There is a danger now that these weather events will become more frequent and the Minister is aware of the calls for the introduction of sanctions for this kind of behaviour.

“While there are no specific sanctions in place, the Criminal Justice (Public Order) Act 1994 allows a Garda member in certain circumstances to direct people to desist from acting in certain ways that give rise to a reasonable apprehension for the safety of persons, and leave the vicinity of the place concerned.

“Failure to comply with a direction in this instance constitutes an offence punishable by a fine not exceeding €1000 or imprisonment for a term not exceeding 6 months, or both.

“Of course for a Garda member to make such a direction they must be present at the incident, which will often not be the case when dealing with such behaviour.

“We should be cautious of seeking a legislative response to every issue that causes us concern.  But as the Taoiseach said yesterday it may be that introducing some kind of sanction for this kind of behaviour should be considered, perhaps on an all-party basis.

“I can assure you that the Government is very open to looking at such proposals.”

So there you go; if the gardai see you cycling in weather conditions they deem unsafe for you and rescue workers who may have to come to your aid, they can stop you.