Written Answers. - Parliamentary Debates - Houses of the Oireachtas

437 Questions— 22 February 2005. Written Answers 438Minister for Social and Family Affairs (Mr.Brennan): Under the regulations governing carersallowance, a person may participate inemployment for a maximum of ten hours perweek. Following the necessary investigations todetermine his entitlement to the allowance, hisapplication was refused on the grounds that hewas employed in excess of the ten hours allowedeach week.My Department received a notice of an appealin this case on 15 February 2005. The person submitteda letter from his employer stating that henow works six to eight hours per week. Based onthis information a revised decision will be made.In this regard, he was requested to submit confirmationof the date from which he reduced thehours of his employment and details of his earnings.On receipt of the requested information, hisclaim will be reviewed.Under social welfare legislation decisions onclaims must be made by deciding officers andappeals officers who are statutorily appointed. Ihave no role in making such decisions.Social Welfare Appeals.241. Mr. Ring asked the Minister for Social andFamily Affairs when a person (details supplied)in County Mayo will have their appeal dealt within regard to unemployment benefit. [6066/05]Minister for Social and Family Affairs (Mr.Brennan): The person concerned applied forunemployment benefit on 10 January 2005. Hisclaim was disallowed by the deciding officer onthe grounds that he was not available for full-timework and not genuinely seeking employment.The person appealed against this decision tothe social welfare appeals office — appealreceived on 7 February 2005 — and an appealsofficer is of the opinion that an oral hearing isrequired. He will be advised of the date andvenue for the hearing when the necessaryarrangements have been made.Under social welfare legislation decisions onclaims must be made by deciding officers andappeals officers who are statutorily appointed. Ihave no role in making such decisions.Road Safety.242. Ms Shortall asked the Minister for Transportthe legal position in respect of the widespreaduse of quad-bikes by young people; ifthese bikes come within road traffic legislation; ifit is legal for minors or adults to ride these bikeson public roads or public open spaces; the personwho is liable in respect of injury to persons or toproperty caused by one of these bikes; and if hewill make a statement on the matter. [5920/05]252. Mr. Carey asked the Minister for Transportthe legislation or regulations which governthe use of micro-motorcycles either on the publicroadway or in public places such as parks; thepenalties for breaches of any such laws or regulations,given that these vehicles are now in widespreaduse; and if he will make a statement onthe matter. [5761/05]Minister of State at the Department of Transport(Mr. Callely): I propose to take QuestionsNos. 242 and 252 together.The Road Traffic Act 1961 defines a mechanicallypropelled vehicle as a vehicle intended oradapted for propulsion by mechanical means.Quadricycles and motorcycles, including micromotorcycles,come within this definition.In order to use a mechanically propelledvehicle in a public place, a range of requirementsmust be satisfied in relation to both the vehicleand the driver. Specifically, a mechanically propelledvehicle when in use in a public place mustcomply with the requirements of the Road Traffic(Construction, Equipment and Use of Vehicles)Regulations 1963 to 2002 and the Road Traffic(Lighting of Vehicles) Regulations 1963 to 1996and the driver must have third party insurancecover in accordance with section 56 of the RoadTraffic Act 1961. In addition, under section 38 ofthe Road Traffic Act 1961, a driving licence isrequired to drive a mechanically propelledvehicle in a public place. The minimum age forholding a driving licence is 16 years for a mopedand small motorcycles and 17 years for aquadricycle.Enforcement of the road traffic law is a matterfor the Garda Síochána. The penalties forbreaches of the road traffic law in respect of theserequirements are a fine not exceeding \800 in thecase of a first offence, a fine not exceeding \1,500in the case of a second or subsequent offence, anda fine of \1,500 or to a term of imprisonment notexceeding three months or both in the case of athird or subsequent offence in a period of 12 consecutivemonths. A person convicted of a breachof section 56 of the Road Traffic Act 1961 incursfive penalty points.In addition to the requirements of road trafficlaw, a mechanically propelled vehicle for use in apublic place is required to be registered and liableto motor tax, which are matters for the RevenueCommissioners and the Minister for the Environment,Heritage and Local Government,respectively.Driving Tests.243. Mr. Hogan asked the Minister for Transportwhen a driving test will be available for aperson (details supplied) in County Kilkenny; andif he will make a statement on the matter.[5601/05]Minister for Transport (Mr. Cullen): The applicantis on my Department’s waiting list for a drivingtest. No documentary evidence has been submittedto my Department indicating that an earlydriving test is required.