The Law Blog

Tadgh Quill-Manley is a student at King’s Inns, and can be reached at tadghquillmanley@yahoo.com.

In Ireland, the use of scramblers and electric scooters has sparked intense debate on road safety, public space management, and regulatory effectiveness. The tragic death of 16-year-old Grace Lynch in Finglas, Dublin, in January 2026, after a collision with a scrambler bike, has intensified these discussions, prompting urgent calls for reform. This article examines the characteristics of these modes of transport, the applicable laws, safety data, key court cases, and emerging policy changes.

To move beyond a purely descriptive account and address the broader question of what animates Ireland’s regulatory response to these new mobility risks, this article applies the lens of regulatory lag – the temporal and institutional delay between the rapid emergence, adoption, and social impact of new technologies or practices and the development of tailored legal frameworks to govern them. In the context of scramblers and electric scooters, regulatory lag explains why initial responses were reactive rather than anticipatory: widespread use preceded specific rules, enforcement has often trailed incidents, and reforms have frequently been driven by high-profile tragedies rather than proactive risk assessment. This framework unifies the analysis, revealing persistent gaps in governance and the drivers behind recent and proposed adjustments. It highlights the tension between facilitating environmental and mobility benefits on one hand, and mitigating safety risks on the other.

Characteristics and Usage of Scramblers and Electric Scooters

Scramblers are off-road motorcycles built for rough terrain, featuring knobbly tyres, enhanced suspension, and the potential to exceed 50 km/h. In Ireland, they are frequently used in urban and suburban settings – parks, green spaces, and residential areas – despite their design intent. Electric scooters, by contrast, are battery-powered personal transporters typically limited to around 25 km/h and intended for short urban trips on paved surfaces. Their popularity surged during the COVID-19 period as a low-emission commuting option.

The contrasting patterns of use reflect different manifestations of regulatory lag. Scramblers have long operated in a grey zone, with recreational and antisocial use in public spaces outpacing specific urban restrictions. Electric scooters, meanwhile, proliferated in an unregulated space before their formal legalisation in May 2024 under the Road Traffic and Roads Act 2023. A 2025 Road Safety Authority (RSA) survey revealed that 24% of regular e-scooter users had experienced collisions and 32% near-misses, underscoring how the absence of early controls allowed risky behaviours to become normalised. Both vehicles support environmental goals by reducing emissions, but they also exacerbate healthcare costs from injuries. Modifications to increase speed further exacerbate risks, particularly among younger male users in urban areas. Historically, scramblers fell under general motorcycle rules since the 1960s, while e-scooters were effectively prohibited on public roads until 2024. Regulatory lag thus created a vacuum in which usage grew unchecked, setting the stage for subsequent enforcement and reform efforts.

The Current Regulatory Framework

Ireland’s primary legislation derives from the Road Traffic Acts (1961–2023), incorporating EU directives. Scramblers qualify as mechanically propelled vehicles, requiring registration, taxation, and insurance for public road use; off-road models lack type approval for highways and are confined to private property. Section 41 of the 2023 amendments empowers Gardaí to seize vehicles without warrants for dangerous or antisocial use, with fines up to €5,000 and potential imprisonment. This framework illustrates regulatory lag in action. Scramblers have been governed by outdated general provisions, with targeted urban restrictions only emerging reactively. For electric scooters – classified as Personal Powered Transporters since 2024 – rules include a minimum age of 16, a 20 km/h speed limit, prohibition on footpaths, and bans on passengers or goods. Helmets are recommended but not mandatory, and insurance is not required, complicating claims. EU Directive 2002/24/EC shapes vehicle standards, while micro-mobility policies encourage adoption.

Enforcement challenges persist, as Gardaí face resource constraints despite increased seizures, and confusion over e-scooter rules remains common. Local bylaws (e.g., Dublin City Council) supplement national law, but gaps – such as non-mandatory insurance – reflect incomplete adaptation to new risks. Compared to the UK (helmet mandates in trials) and France (footpath penalties), Ireland’s approach has been slower and more fragmented. The lag is evident in the reactive nature of 2023–2024 changes and ongoing 2026 proposals for scrambler restrictions in public areas (including parks), as reported in The Irish Times and supported by Minister Sean Canney. Plans for drone monitoring have been delayed, and calls for temporary halts (e.g., from the Labour Party) highlight the difficulty of closing the gap once patterns are entrenched. Civil liability follows negligence principles, with contributory negligence reducing awards. Overall, the framework shows incremental progress but persistent lag in addressing underage use, insurance voids, and public-space conflicts.

Safety Data and Related Issues

Safety concerns are pronounced. The RSA’s 2025 research ranked e-scooters as high-risk, with 24% of users reporting collisions. Garda records document over 1,500 e-scooter incidents in three years, including fatalities. Head injuries dominate, accounting for 25% of paediatric neurosurgical cases at Temple Street, often from falls without helmets, as noted by the Royal College of Physicians of Ireland in 2025. Pedestrians and children are disproportionately affected.

Scrambler incidents cause severe outcomes, including mobility and vision impairment; the 2026 Grace Lynch case exemplifies pedestrian vulnerability at crossings. Speeds, poor visibility, and road conditions contribute, with orthopaedic injuries common and over 50% requiring ongoing care. These patterns are symptomatic of regulatory lag: the absence of early, specific controls permitted unsafe practices to proliferate, leading to elevated risks, underreported data, and significant societal costs. Ireland’s 2025 road fatalities (190 from 179 collisions) included rising serious incidents involving these vehicles, reinforcing the need for timely governance.

Analysis of Relevant Case Developments

Courts have addressed both civil and criminal dimensions. In the 2025 High Court case Avetian v MIBI, a €5.2 million settlement compensated injuries from a scrambler collision in a park, with the Motor Insurers’ Bureau of Ireland (MIBI) stepping in due to absent insurance, and Dublin City Council involved. A 2025 District Court case in Waterford saw a bus driver charged with dangerous driving causing death after striking an e-scooter. In the Grace Lynch matter (January 2026), the teenage defendant faces dangerous driving charges, potentially carrying up to 10 years under Section 53. Another e-scooter fatality case resulted in an eight-year sentence, while a post-2024 decision dismissed no-insurance charges for an e-scooter, clarifying classification.

These cases demonstrate how courts fill gaps left by regulatory lag – interpreting broad laws, applying criminal sanctions for unsafe operation, and relying on MIBI for uninsured incidents. Contributory negligence adjusts awards, and UK precedents (e.g., pothole-related rulings) offer comparative insights. Judicial outcomes underscore the need for clearer, proactive legislation to reduce reliance on case-by-case resolution.

Potential Reforms and Recommendations

Proposals seek to overcome regulatory lag through targeted measures. Discussions in 2026 include mandatory helmets and high-visibility clothing for e-scooters, outright scrambler bans in public spaces, and mandatory insurance to address claim barriers. Enhanced Garda enforcement – via drones, training, and surrender programmes – builds on 2023 powers. Infrastructure improvements (designated lanes) and RSA education campaigns aim to prevent entrenchment of unsafe norms. Comparative examples – the UK’s helmet trials, France’s penalties – suggest pathways forward. Collaboration across government, enforcement, and communities is essential. Temporary restrictions on scramblers, as proposed by the Labour Party, could facilitate evaluation. However, the Government is already set to ban the use of scramblers in public places. By shifting from reactive to anticipatory governance, these reforms could reduce lag, better balance mobility benefits with safety, and prevent future tragedies.

Conclusion

Scramblers and electric scooters present Ireland with complex regulatory and safety challenges. The Road Traffic and Roads Act 2023 marked progress, but regulatory lag – evident in delayed rules, enforcement gaps, and incident-driven reforms – has allowed risks to persist. The theoretical lens of regulatory lag illuminates why responses have often been reactive and why further proactive steps are needed. Ongoing developments, including 2026 proposals for scrambler bans and tighter e-scooter rules, offer opportunities to close the gap. Continued monitoring and adaptation will be crucial to ensuring these modes of transport enhance rather than undermine public safety.