Opinion: I am a detective garda. Here’s why an e-scooter ban is unenforceable

A detective garda argues that a ban on e-scooters is fundamentally unenforceable, citing the significant legal risks officers face when attempting to pursue riders. The author recounts a case where a colleague was charged with dangerous driving for pursuing a suspect on an e-scooter, even though the judge ultimately acquitted him. This incident, which followed a two-year legal battle, exemplifies the "risk/reward ratio" that many officers now consider, leading to a reluctance to engage in pursuits.

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He identified himself. The young person refused to stop and my colleague began pursuing the suspect. Ultimately, for doing exactly what the public expects a garda to do, he was charged with dangerous driving.

These concerns were echoed by Garda Commissioner Justin Kelly, who informed the Oireachtas justice committee that ten other gardaí were facing court proceedings for alleged dangerous or careless driving related to their duties. The author emphasizes that these cases are not isolated, and the fear of prosecution can deter officers from performing actions that the public expects them to undertake. This situation is particularly concerning given the recent advocacy by Martin and Siobhán Lynch, parents of Grace Lynch, for stricter enforcement of laws against scrambler use, which led to "Grace's Law."

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Privately, each member will be working out the risk/reward ratio in their heads and an increasing number will conclude that doing their duty simply isn’t worth the aggravation.

The article distinguishes between different types of personal transport, noting that scramblers, e-scooters, and e-bikes pose varying risks. Scramblers, high-powered off-road machines, are described as the most dangerous, often ridden by young men who prioritize "the buzz" of illegal activity. E-scooters, while less extreme, have become a favored tool in urban areas like Dublin's K Division. The author stresses that the legal infrastructure has struggled to keep pace with the rapid arrival of these machines on public roads.

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If an arm of the State is trying to prosecute another arm of the State for trying to enforce existing traffic laws then we can have little confidence any new law will be a success.

The core argument is that new laws, such as an e-scooter ban, will be ineffective if the state cannot adequately support and protect its own officers attempting to enforce existing traffic laws. The author, with nearly 25 years of experience in Dublin's DMR West area, argues for a more nuanced approach that includes clear categorization of these vehicles and a robust, legally supported enforcement strategy. Without this, the author suggests, any new legislation will be as meaningless as the parents of Grace Lynch stated existing laws would be without enforcement.

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The issue of unlicensed, uninsured scrambler-style motorbikes is countrywide, but is more acute in densely urbanised areas such as these.