Road Traffic Act 1961

Traffic signs.

95

95. (1) In this section—

road regulation” means an order, regulation, bye-law or rule under an enactment (other than section 86 , F175 [ 91 , ] 93 , 94 or 96 of this Act) relating to traffic on F176 [ roads ] ;

F176 [ traffic sign means any sign, device, notice or road marking, or any instrument for giving signals by mechanical means, which does one or more of the following in relation to a public road or public roads:

( a ) gives information (such a sign being referred to in this section as an information sign ),

( b ) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as a warning sign ),

( c ) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as a regulatory sign ); ]

provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate and cognate words shall be construed accordingly.

(2) ( a) The Minister, if he so thinks fit, may make regulations with respect to specified traffic signs, and where a traffic sign of the same kind as a traffic sign specified in any such regulations is provided by a road authority, it shall be in accordance with the regulations unless otherwise authorised by the Minister.

( b) Regulations under this subsection may specify the significance to be attached to a traffic sign specified in the regulations, but this provision shall not be construed as requiring the regulations to provide that the traffic sign is to comprise any word, words or symbol indicating precisely the significance of the traffic sign.

F176 [ F177 [ (3) ( a ) A road authority may provide in respect of public roads in their charge such information signs and warning signs as they consider desirable.

( b ) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their charge such regulatory signs as they consider desirable. ]

(4) F178 [ ]

(5) F179 [ ( a ) A road authority shall provide in respect of public roads in their charge such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request. ]

(b) A road authority shall, at the request of the Commissioner, remove any regulatory sign which the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users. ]

(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a public road is reasonably necessary, the road authority may, after at least twenty-one days’ notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land.

(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign.

(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—

( a) refuse the application,

( b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or

( c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.

(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.

(10) A person other than a road authority shall not provide a traffic sign visible from a public road without the consent of the F176 [ road authority having charge of the road ] .

(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) of this section shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority without the consent of the F176 [ road authority having charge of the road ] .

(12) Where a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section, or without lawful authority, removes, defaces or otherwise injures a traffic sign provided under this section, he shall be guilty of an offence.

(13) Expenses incurred by a road authority in providing traffic signs for a public road shall be part of the expenses of maintaining the road.

(14) A person shall not provide any such sign, device, notice or light as is not a traffic sign if, on provision thereof, it is visible from a public road and—

( a) it is capable of being confused with a traffic sign,

( b) it makes a traffic sign provided in accordance with this section less visible to road users, or

( c) it obstructs the view of public road users so as to render the road dangerous to them.

(15) The occupier or (in the case of unoccupied land) the owner of land on which a sign, device, notice or light is provided in contravention of subsection (14) of this section shall be guilty of an offence.

(16) Where a traffic sign, not being a traffic sign to which regulations under subsection (2) of this section relate, is provided under this section by a road authority, it shall be in conformity with any general or particular directions that may be given from time to time by the Minister.

(17) A traffic sign standing provided under any subsection of section 69 of the Local Government Act, 1946, at the commencement of this section shall be deemed to be provided under the corresponding subsection of this section.

(18) A traffic sign on or near a public road shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so placed lawfully and to be in accordance with any regulation, or in conformity with any direction, under this section relating to it.

(19) A request by F180 [ ] the Commissioner under this section may be signed by an officer of the Garda Síochána authorised in that behalf by the Commissioner.

(20) Where a person is charged with an offence under subsection (11) or subsection (15) of this section, it shall be a good defence to the charge for him to show—

( a) that the traffic sign, sign, device, notice or light to which the charge relates was provided neither by him nor with his consent, and

( b) that as soon as was practicable after its provision came to his notice, he had it removed.

Annotations:

Amendments:

F175

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F176

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 37(a)-(c), S.I. No. 222 of 1994.

F177

Substituted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 78(1)(a), S.I. No. 394 of 2010.

F178

Deleted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 78(1)(b), S.I. No. 394 of 2010.

F179

Substituted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 78(1)(c), S.I. No. 394 of 2010.

F180

Deleted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 37(d), S.I. No. 222 of 1994.

Modifications (not altering text):

C63

Application of section modified (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), ss. 2 and 46(3)-(7), S.I. No. 615 of 2010.

Definitions.

2.— In this Act— ...

“Authority” means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30, and from that day National Transport Authority;

...

Measures to enhance public bus services —traffic calming measures.

46.— ...

(3) Where the Authority considers it more convenient, more expeditious, more effective or more economic that the functions of a road authority to provide traffic signs under section 95 (as amended by section 37 of the Act of 1994) of the Act of 1961 or to provide traffic calming measures under section 38 of the Act of 1994 should be performed by it to enhance public bus services or improve facilities for cyclists, it shall following consultation with the relevant road authority decide to provide traffic signs or traffic calming measures.

(4) Where the Authority decides to perform functions under subsection (3) it has the powers of a road authority to provide traffic signs under section 95 (as amended by section 37 of the Act of 1994) of the Act of 1961 or to provide traffic calming measures under section 38 of the Act of 1994.

(5) Before carrying out works arising from a decision under subsection (3) the Authority shall consult with and consider the views of the relevant road authority.

(6) The Minister may prescribe a class of case in which a decision by the Authority under subsection (3) does not have effect unless and until it is approved by him or her.

(7) A road authority shall not restrict or inhibit the operation of traffic calming measures provided by the Authority under subsection (3) without the prior consent of the Authority.

...

C64

Application of subss. (2), (16) not restricted (1.10.2008) by Official Languages Act 2003 (Section 9) Regulations 2008 (S.I. No. 391 of 2008), reg. 3(3)(b).

Application

3. ...

(3) These Regulations do not apply to ...

( b) traffic signs—

(i) to which Regulations under section 95(2) of the Act of 1961 apply, or

(ii) to which a direction under section 95(16) of that Act applies, and

...

C65

Application of section not restricted (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 179(6)(bb), S.I. No. 599 of 2001, as inserted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(2), S.I. No. 615 of 2010.

Local authority own development.

179.— ...

(6) This section shall not apply to proposed development which— ...

[( bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994, ]

...

C66

Application of subs. (1) extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 54(2), commenced on enactment.

Speed limits.

54.— ...

(2) Subject to subsections (3) and (4), the Minister may make regulations prescribing in respect of any specified public road or parts of a public road the speed which shall be the speed limit on such road or roads for a light rail vehicle, and any such regulations shall be road regulations for the purposes of section 95(1) of the Act of 1961.

...

C67

Power to make regulations in relation to traffic signs already the subject of regulations under subs. (2) provided (1.05.1997) by Road Traffic Act 1994 (7/1994), s. 35(2)(q), S.I. No. 180 of 1997.

Regulations for general control of traffic and pedestrians.

35.— ...

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters: ...

( q) the control and regulation of traffic and pedestrians by means of traffic signs in relation to which regulations (including regulations as to the significance to be attached to those signs) are for the time being in force under section 95 (2) of the Principal Act;

...

Editorial Notes:

E751

Power pursuant to section and s. 5 exercised (13.04.2017) by Road Traffic (Signs) Regulations 2017 (S.I. No. 150 of 2017), in effect as per reg. 1(3).

E752

Power pursuant to section exercised (14.10.2015) by Road Traffic (Signs) (Amendment) Regulations 2015 (S.I. No. 444 of 2015).

E753

Power pursuant to section exercised (10.06.2015) by Road Traffic (Speed Limit Traffic Signs) (Dimensions) Regulations 2015 (S.I. No. 241 of 2015).

E754

Power pursuant to section exercised (23.10.2014) by Road Traffic (Speed Limit - Traffic Signs) (Local Roads) Regulations 2014 (S.I. No. 488 of 2014).

E755

Power pursuant to section exercised (6.06.2013) by Road Traffic (Signs) (Amendment) Regulations 2013 (S.I. No. 187 of 2013).

E756

Power pursuant to section and s. 86 exercised (1.10.2012, 1.05.2013 and 1.10.2013) by Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012).

E757

Power pursuant to section exercised (15.12.2006) by Road Traffic (Signs) Regulations 2006 (S.I. No. 637 of 2006).

E758

Power pursuant to section exercised (30.11.2005) by Road Traffic (Traffic Signs - Periodic Special Speed Limits) Regulations 2005 (S.I. No. 756 of 2005).

E759

Power pursuant to section exercised (20.01.2005) by Road Traffic (Speed Limit - Traffic Signs) Regulations 2005 (S.I. No. 10 of 2005).

E760

Power pursuant to this section and s. 5 exercised (28.06.2004) by Road Traffic (Signs) (Amendment) Regulations 2004 (S.I. No. 403 of 2004).

E761

Power pursuant to this section and s. 5 exercised (13.03.2003) by Road Traffic (Signs) (Amendment) Regulations 2003 (S.I. No. 97 of 2003).

E762

Power pursuant to this section and s. 5 exercised (1.11.1998) by Road Traffic (Signs) (Amendment) Regulations 1998 (S.I. No. 273 of 1998).

E763

Power pursuant to this section and ss. 5 and 86 exercised (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997).

E764

Power pursuant to subs. (2)(a) exercised (23.01.1974) by Road Traffic (Signs) (Temporary Authorisation) Order 1974 (S.I. No. 9 of 1974).

E765

Power pursuant to subs. (2)(a) exercised (17.01.1972) by Road Traffic (Signs) (Temporary Authorisation) Order 1972 (S.I. No. 5 of 1972).

E766

Previous affecting provision: power pursuant to section exercised (8.07.2014) by Road Traffic (Signs) (Amendment) Regulations 2014 (S.I. No. 330 of 2014); revoked (14.10.2015) by Road Traffic (Signs) (Amendment) Regulations 2015 (S.I. No. 444 of 2015), reg. 3.

E767

Previous affecting provision: power pursuant to section exercised (20.12.2011) by Road Traffic (Signs) (Amendment) Regulations 2011 (S.I. No. 672 of 2011); revoked (1.10.2012) by Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012), reg. 3.

E768

Previous affecting provision: power pursuant to this section and s. 5 exercised (27.04.1993) by Road Traffic (Signs) (Bus Lane) (Amendment) Regulations 1993 (S.I. No. 113 of 1993); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E769

Previous affecting provision: power pursuant to this section and s. 5 exercised (6.07.1992) by Road Traffic (Signs) (Amendment) Regulations 1992 (S.I. No. 183 of 1992); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E770

Previous affecting provision: power pursuant to this section and s. 5 exercised (29.07.1991) by Road Traffic (Signs) (Amendment) Regulations 1991 (S.I. No. 205 of 1991); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E771

Previous affecting provision: power pursuant to this section and s. 5 exercised (18.11.1988) by Road Traffic (Signs) (Amendment) Regulations 1988 (S.I. No. 292 of 1988); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E772

Previous affecting provision: certain powers conferred on Commissioner of the Garda Síochána by section transferred to Dublin Metropolitan Streets Commission (1.06.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 8(2), S.I. No. 67 of 1987. Transfer of functions under 1986 Act terminated (9.04.1987) by Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions) Order 1987 (S.I. No. 108 of 1987), art. 2 prior to commencement of the section.

E773

Previous affecting provision: certain powers conferred on Commissioner of the Garda Síochána by section transferred to Dublin Transport Authority (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 35, S.I. No. 357 of 1986. Dublin Transport Authority Act 1986 repealed and powers transferred back to the Garda Commissioner (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), ss. 13 and 8, commenced as per s. 15(5).

E774

Previous affecting provision: power pursuant to this section and s. 5 exercised (26.06.1985) by Road Traffic (Signs) (Amendment) Regulations 1985 (S.I. No. 182 of 1985); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E775

Previous affecting provision: power pursuant to this section and s. 5 exercised (30.09.1983) by Road Traffic (Signs) (Amendment) Regulations 1983 (S.I. No. 276 of 1983); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E776

Previous affecting provision: power pursuant to this section and s. 5 exercised (18.09.1981) by Road Traffic (Signs) (Bus Lane) (Amendment) Regulations 1981 (S.I. No. 333 of 1981); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E777

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.02.1981) by Road Traffic (Signs) (Bus Lane) Regulations 1980 (S.I. No. 358 of 1980); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E778

Previous affecting provision: power pursuant to this section and s. 5 exercised (20.12.1979) by Road Traffic (Signs) (Bus Lanes) Regulations 1979 (S.I. No. 413 of 1979); revoked (1.02.1981) by Road Traffic (Signs) (Bus Lane) Regulations 1980 (S.I. No. 358 of 1980), reg. 2.

E779

Previous affecting provision: power pursuant to this section and s. 5 exercised (28.09.1979) by Road Traffic (Signs) (Amendment) (No. 2) Regulations 1979 (S.I. No. 329 of 1979); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E780

Previous affecting provision: power pursuant to this section and s. 5 exercised (19.02.1979) by Road Traffic (Signs) (Amendment) Regulations 1979 (S.I. No. 51 of 1979); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E781

Previous affecting provision: power pursuant to this section and s. 5 exercised (4.03.1977) by Road Traffic (Signs) (Amendment) Regulations 1977 (S.I. No. 66 of 1977); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E782

Previous affecting provision: power pursuant to this section and s. 5 exercised (28.11.1975) by Road Traffic (Signs) (Amendment) Regulations 1975 (S.I. No. 280 of 1975); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E783

Previous affecting provision: power pursuant to section and s. 5 exercised (6.08.1974) by Road Traffic (Signs) (Amendment) Regulations 1974 (S.I. No. 247 of 1974); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E784

Previous affecting provision: power pursuant to this section and s. 5 exercised (8.09.1971) by Road Traffic (Signs) (Amendment) (No. 3) Regulations 1971 (S.I. No. 256 of 1971); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E785

Previous affecting provision: power pursuant to this section and s. 5 exercised (14.06.1971) by Road Traffic (Signs) (Amendment) (No. 2) Regulations 1971 (S.I. No. 188 of 1971); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E786

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.04.1971) by Road Traffic (Signs) (Amendment) Regulations 1971 (S.I. No. 127 of 1971); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E787

Previous affecting provision: power pursuant to this section and s. 5 exercised (16.07.1970) by Road Traffic (Signs) (Amendment) Regulations 1970 (S.I. No. 164 of 1970); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E788

Previous affecting provision: power pursuant to this section, ss. 5 and 91 exercised (7.11.1969) by Road Traffic (Signs) (Amendment) Regulations 1969 (S.I. No. 217 of 1969); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E789

Previous affecting provision: power pursuant to subs. (2)(a) exercised (17.12.1969 for period to 31.12.1971) by Road Traffic (Signs) (Temporary Authorisation) Order 1969 (S.I. No. 258 of 1969).

E790

Previous affecting provision: power pursuant to subs. (2)(a) exercised (21.12.1967 for period to 31.12.1969) by Road Traffic (Signs) (Temporary Authorisations) Order 1967 (S.I. No. 301 of 1967).

E791

Previous affecting provision: words substituted in definition of “traffic sign” in subs. (1) (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Definition substituted as per F-note above.

E792

Previous affecting provision: power pursuant to to this section, ss. 5 and 86 exercised (14.10.1966) by Road Traffic (Signs) (Amendment) Regulations 1966 (S.I. No. 233 of 1966); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E793

Previous affecting provision: power pursuant to this section and s. 5 exercised (12.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 56 of 1964); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E794

Previous affecting provision: power pursuant to section exercised (15.10.1962 for period to 31.12.1962) by Road Traffic (Signs) (Temporary Authorisations) Order 1962 (S.I. No. 172 of 1962).

E795

Previous affecting provision: power pursuant to this section, ss. 5, 86 and 96 exercised (15.10.1962) by Road Traffic (Signs) Regulations 1962 (S.I. No. 171 of 1962); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.