The family of a man left in a vegetative state after a scrambler landed on his head while he sunbathed in a Dublin park are currently facing the prospect of being made homeless, the Dáil has heard.
Sinn Féin TD Dessie Ellis made the comments about the family of Ilabek Avetian during a Dáil debate on more stringent legislation for dealing with quad bikes and scramblers in urban areas.
Quad bikes and scramblers are "the new type of urban horse" and working class communities in urban areas are being "terrorised" by people using them in public places, the Dáil also heard.
This afternoon Mr Ellis, and the party's transport spokesperson Imelda Munster, tabled a bill aiming to enable Gardaí to effectively deal with quad and scrambler users "who continuously flout the rules of the road and do not have a licence, insurance and registration".
Opening the debate, Mr Ellis said quad bikes and scramblers have become "a real danger to ordinary people" who use public spaces such as parks or when they are walking through their own housing estates.
He said it is a "major problem" and "the Gardaí seem to be powerless to stop it".
Mr Ellis outlined they have caused a number of fatalities and serious injuries. He cited the recent example of Ilabek Avetian who received serious head injuries in Darndale Park in Dublin. A scrambler landed on him when he was sunbathing and now "this innocent man is now in a vegetative state in hospital".
"Anzhela, his wife, was also injured in the incident, and suffered a broken pelvis. Anzhela's life has been turned upside down and she is currently facing the prospect of being made homeless while caring for her seriously injured husband because she has no income to pay the rent or even to live," explained Mr Ellis.
Communities feel like they are being "terrorised" by people using quads and scramblers in public places, he said.
"Such vehicles are being used to damage property, damage football pitches and threaten people. It is every parent's nightmare that the next casualty will be their child while playing in a public place."
He claimed that many of the people riding scramblers and quads can be as young as six or seven years old.
Mr Ellis pointed out that the law as it stands prohibits their use on public roads unless fully insured and taxed. But there is a gap in the legislation which allows people who use these vehicles for anti-social behaviour to sidestep Gardaí in public spaces and avoid any penalties.
He said there is an anomaly in the law as housing estates, greens and parks are not considered public space under the laws as they currently stand.
Ms Munster said the bill aims to protect communities affected by the problem where "havoc" is caused.
The Minister for Transport, Shane Ross said the Government is opposing the bill. Mr Ross said he and the Government supports most of what is in the bill and he acknowledged Mr Ellis' work in pioneering this legislation and the sentiments behind it.
He acknowledged that there is "a real problem" and need to be "urgently" addressed. But he said it is not appropriate to tackle this issue by changing the definition of 'public place' in the road traffic acts.
He said that it would be wrong to take the risk of passing this bill and then undermining other legislation as that would be "unforgivable".
The Minister said the Government is looking at other legislation to deal with the issue.
Fianna Fáil's Robert Troy complimented Mr Ellis for trying to address the current lacunae in the law.
He was critical of Minister Ross's delays in dealing with the issue which has resulted in people getting seriously injured.
He said that it is important to enact legislation that is "not open to challenge", "robust and accurate".
He warned that the proposed bill would be open to legal challenge and "it has the capacity to render all other traffic legislation, vulnerable to legal challenge and impede and enforcement of the law of the land".
Social Democrats co-leader Roisin Shortall pointed out that the issue has been ignored for years by Governments and "it can now be described as an epidemic facing many many urban areas, particularly in the cities".
"I have to say the use of scramblers, quad bikes and motor cycles is the single most common issue raised with me and constituency colleagues at community meetings," she said.
"This is the biggest issue that is coming up within urban communities, particularly within working class communities."
She claimed: "They are the new kind of urban horse".
