Road Traffic Act 1994

Road Traffic Act 1994


Number 7 of 1994


ROAD TRAFFIC ACT 1994

REVISED

Updated to 22 December 2018


This Revised Act is an administrative consolidation of the Road Traffic Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Appropriation Act 2018 (33/2018), enacted 20 December 2018, and all statutory instruments up to and including Road Traffic (Amendment) Act 2018 (Commencement) (No. 2) Order 2018 (S.I. No. 538 of 2018), made 13 December 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 7 of 1994


ROAD TRAFFIC ACT 1994

REVISED

Updated to 22 December 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Road Traffic Acts 1961 to 2018 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic Act 2018 (18/2018), s. 6(3)). The Acts in the group are:

Road Traffic Act 1961 (24/1961)

Road Traffic Act 1968 (25/1968)

Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (16/1978) (repealed)

Road Traffic (Amendment) Act 1984 (16/1984)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984

Road Traffic Act 1994 (7/1994)

Road Traffic Act 1995 (7/1995) (repealed)

Road Traffic Act 2002 (12/2002)

Road Traffic Act 2003 (37/2003) (repealed)

Road Traffic Act 2004 (44/2004), other than Part 6

Railway Safety Act 2005 (31/2005), Part 17

Road Traffic Act 2006 (23/2006), other than s. 21

Road Traffic and Transport Act 2006 (28/2006), s. 1

Roads Act 2007 (34/2007), s. 12

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2011 (7/2011)

Road Traffic (No. 2) Act 2011 (28/2011)

Taxi Regulation Act 2013 (37/2013), Part 11 (citation only)

Road Traffic Act 2014 (3/2014)

Road Traffic (No. 2) Act 2014 (39/2014)

Vehicle Clamping Act 2015 (13/2015), Part 5 (citation only)

Public Transport Act 2016 (3/2016), s. 8

Road Traffic Act 2016 (21/2016) (citation only)

Road Traffic Act 2018 (18/2018)

Local Authorities (Traffic Wardens) Acts 1975 and 1987 : this Act deals with similar subject matter to a group of Acts included in this collective citation ( Dublin Transport Authority (Dissolution) Act 1987, s. 15(4)). The Acts in the group are:

Local Authorities (Traffic Wardens) Act 1975 (14/1975)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), in so far as it amends the Local Authorities (Traffic Wardens) Act 1975

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1979, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Traffic Act 2018 (18/2018)

Vehicle Clamping Act 2015 (13/2015)

Road Traffic Act 2014 (3/2014)

Local Government Reform Act 2014 (1/2014)

Taxi Regulation Act 2013 (37/2013)

Road Traffic (No. 2) Act 2011 (28/2011)

Road Traffic Act 2011 (7/2011)

Road Traffic Act 2010 (25/2010)

Public Transport Regulation Act 2009 (37/2009)

Medical Practitioners Act 2007 (25/2007)

Roads Act 2007 (34/2007)

Road Traffic Act 2006 (23/2006)

Road Traffic and Transport Act 2006 (28/2006)

Railway Safety Act 2005 (31/2005)

Road Traffic Act 2004 (44/2004)

Road Traffic Act 2003 (37/2003)

Road Traffic Act 2002 (12/2002)

Transport (Railway Infrastructure) Act 2001 (55/2001)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Freedom of Information Act 1995 (13/1997)

Road Traffic Act 1995 (7/1995)

Roads Act 1993 (14/1993)

Local Authorities (Traffic Wardens) Act 1975 (14/1975)

All Acts up to and including Appropriation Act 2018 (33/2018), enacted 20 December 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2018 (S.I. No. 537 of 2018)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 (S.I. No. 321 of 2018)

Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2016 (S.I. No. 460 of 2016)

Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016 (S.I. No. 48 of 2016)

Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015 (S.I. No. 331 of 2015)

Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014)

Road Traffic (Traffic and Parking) (Car Clubs and Electrically Powered Vehicles) Regulations 2014 (S.I. No. 325 of 2014)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2013 (S.I. No. 188 of 2013)

Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012)

Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012)

Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2011 (S.I. No. 673 of 2011)

Road Traffic (Bus Lanes) (Exemption) Regulations 2011 (S.I. No. 527 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 (S.I. No. 460 of 2011)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (S.I. No. 239 of 2011)

Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011)

Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010)

Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010)

Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010)

Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006)

Road Traffic (Control of Traffic) Regulations 2006 (S.I. No. 638 of 2006)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2005 (S.I. No. 11 of 2005)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 (S.I. No. 404 of 2004)

Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 (S.I. No. 98 of 2003)

Road Traffic Act 1994 (Section 25) (Commencement) Order 2002 (S.I. No. 597 of 2002)

Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 (S.I. No. 492 of 2002)

Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002)

National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002)

Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001)

Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 326 of 1999)

Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998)

Road Traffic Act 1994 (Section 41) (Amendment) Regulations 1998 (S.I. No. 357 of 1998)

Road Traffic Act, 1994 (Commencement) Order 1998 (S.I. No. 284 of 1998)

Road Traffic (Traffic and Parking) (Amendment) Regulations 1998 (S.I. No. 274 of 1998)

Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997)

Road Traffic Act 1994 (Commencement) Order 1997 (S.I. No. 180 of 1997)

Road Traffic Act 1994 (Section 41) Regulations 1995 (S.I. No. 89 of 1995)

Road Traffic Act 1994 (Commencement) Order 1995 (S.I. No. 86 of 1995)

County of Kerry Traffic and Parking (Amendment) Bye-Laws 1995 (S.I. No. 268 of 1995)

Road Traffic Act, 1994 (Commencement) Order 1995 (S.I. No. 89 of 1995)

Road Traffic Act, 1994 (Commencement) Order 1995 (S.I. No. 86 of 1995)

Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 23 of 1995)

County of Louth Traffic and Parking Temporary Rules 1995 (S.I. No. 22 of 1995)

Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994)

Road Traffic Act 1994 (Commencement) (No. 2) Order 1994 (S.I. No. 350 of 1994)

Road Traffic Act 1994 (Commencement) Order 1994 (S.I. No. 222 of 1994)

County of Offaly Traffic and Parking Bye-Laws 1993 (S.I. No. 87 of 1994)

Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 27 of 1994)

County of Kerry Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 327 of 1993)

Dublin Area Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 131 of 1993)

County of Westmeath Traffic and Parking Bye-Laws 1990 (S.I. No. 322 of 1990)

European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989)

Dublin Area Traffic and Parking Bye-Laws 1987 (S.I. No. 292 of 1987)

County of Wicklow Traffic and Parking Bye-Laws 1986 (S.I. No. 202 of 1986)

County of Wexford Traffic and Parking Bye-Laws 1986 (S.I. No. 201 of 1986)

Waterford (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 199 of 1986)

County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Bye-Laws 1986 (S.I. No. 198 of 1986)

County of Sligo Traffic and Parking Bye-Laws 1986 (S.I. No. 197 of 1986)

County of Roscommon Traffic and Parking Bye-Laws 1986 (S.I. No. 196 of 1986)

County of Offaly Traffic and Parking Bye-Laws 1986 (S.I. No. 195 of 1986)

County of Monaghan Traffic and Parking Bye-Laws 1986 (S.I. No. 194 of 1986)

County of Meath Traffic and Parking Bye-Laws 1986 (S.I. No. 193 of 1986)

County of Mayo Traffic and Parking Bye-Laws 1986 (S.I. No. 192 of 1986)

County of Louth Traffic and Parking Bye-Laws 1986 (S.I. No. 191 of 1986)

County of Longford Traffic and Parking Bye-Laws 1986 (S.I. No. 190 of 1986)

Limerick (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 189 of 1986)

County of Leitrim Traffic and Parking Bye-Laws 1986 (S.I. No. 188 of 1986).

County of Laois Traffic and Parking Bye-Laws 1986 (S.I. No. 187 of 1986).

County of Kilkenny Traffic and Parking Bye-Laws 1986 (S.I. No. 186 of 1986)

County of Kildare Traffic and Parking Bye-Laws 1986 (S.I. No. 185 of 1986)

County of Kerry Traffic and Parking Bye-Laws 1986 (S.I. No. 184 of 1986)

Galway (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 183 of 1986)

Dublin Area Traffic and Parking Bye-Laws 1986 (S.I. No. 182 of 1986)

County of Donegal Traffic and Parking Bye-Laws 1986 (S.I. No. 181 of 1986)

Cork (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 180 of 1986)

County of Clare Traffic and Parking Bye-Laws 1986 (S.I. No. 179 of 1986)

County of Cavan Traffic and Parking Bye-Laws 1986 (S.I. No. 178 of 1986)

County of Carlow Traffic and Parking Bye-Laws 1986 (S.I. No. 177 of 1986)

Waterford (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 241 of 1985)

Limerick (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 240 of 1985)

County of Wicklow Traffic and Parking Temporary Rules 1985 (S.I. No. 218 of 1985)

County of Wexford Traffic and Parking Temporary Rules 1985 (S.I. No. 217 of 1985)

County of Westmeath Traffic and Parking Temporary Rules 1985 (S.I. No. 216 of 1985)

County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1985 (S.I. No. 214 of 1985)

County of Sligo Traffic and Parking Temporary Rules 1985 (S.I. No. 213 of 1985)

County of Roscommon Traffic and Parking Temporary Rules 1985 (S.I. No. 212 of 1985)

County of Offaly Traffic and Parking Temporary Rules 1985 (S.I. No. 211 of 1985)

County of Monaghan Traffic and Parking Temporary Rules 1985 (S.I. No. 210 of 1985)

County of Meath Traffic and Parking Temporary Rules 1985 (S.I. No. 209 of 1985)

County of Mayo Traffic and Parking Temporary Rules 1985 (S.I. No. 208 of 1985)

County of Louth Traffic and Parking Temporary Rules 1985 (S.I. No. 207 of 1985)

County of Longford Traffic and Parking Temporary Rules 1985 (S.I. No. 206 of 1985)

County of Leitrim Traffic and Parking Temporary Rules 1985 (S.I. No. 204 of 1985)

County of Laois Traffic and Parking Temporary Rules 1985 (S.I. No. 203 of 1985)

County of Kilkenny Traffic and Parking Temporary Rules 1985 (S.I. No. 202 of 1985)

County of Kildare Traffic and Parking Temporary Rules 1985 (S.I. No. 201 of 1985)

County of Kerry Traffic and Parking Temporary Rules 1985 (S.I. No. 200 of 1985)

County of Galway Traffic and Parking Temporary Rules 1985 (S.I. No. 199 of 1985)

Dublin Area Traffic and Parking Temporary Rules 1985 (S.I. No. 198 of 1985)

County of Donegal Traffic and Parking Temporary Rules 1985 (S.I. No. 197 of 1985)

Cork (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 196 of 1985)

County of Clare Traffic and Parking Temporary Rules 1985 (S.I. No. 195 of 1985)

County of Cavan Traffic and Parking Temporary Rules 1985 (S.I. No. 194 of 1985)

County of Carlow Traffic and Parking Temporary Rules 1985 (S.I. No. 193 of 1985)

County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1984 (S.I. No. 154 of 1984)

County of Louth Traffic and Parking Temporary Rules 1984 (S.I. No. 153 of 1984)

Limerick (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 152 of 1984)

County of Laois Traffic and Parking Temporary Rules 1984 (S.I. No. 151 of 1984)

County of Galway Traffic and Parking Temporary Rules 1984 (S.I. No. 150 of 1984)

County of Clare Traffic and Parking Temporary Rules 1984 (S.I. No. 149 of 1984)

County of Carlow Traffic and Parking Temporary Rules 1984 (S.I. No. 148 of 1984)

Dublin Traffic and Parking Temporary Rules 1984 (S.I. No. 38 of 1984)

Cork (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 3 of 1984)

Dublin Traffic and Parking Temporary Rules 1983 (S.I. No. 105 of 1983)

Dublin Traffic and Parking (No. 2) Temporary Rules 1982 (S.I. No. 287 of 1982)

Dublin Traffic and Parking Temporary Rules 1982 (S.I. No. 109 of 1982)

Dublin Traffic and Parking Temporary Rules 1981 (S.I. No. 148 of 1981)

Cork Traffic and Parking (Pedestrianisation) Temporary Rules 1976 (S.I. No. 194 of 1976)

Dublin Traffic and Parking (Pedestrianisation) Temporary Rules 1975 (S.I. No. 16 of 1975)

Cavan Traffic and Parking Bye-Laws 1973 (S.I. No. 326 of 1974)

Waterford Suburbs Traffic Temporary Rules 1974 (S.I. No. 268 of 1974)

Killarney Traffic and Parking Temporary Rules 1974 (S.I. No. 143 of 1974)

Dublin Parking Temporary Rules 1974 (S.I. No. 35 of 1974)

Dublin Traffic and Parking (Pedestrianisation) (No. 2) Temporary Rules 1973 (S.I. No. 1 of 1974)

Waterford Suburbs Traffic Temporary Rules (S.I. No. 266 of 1973)

Killarney Traffic and Parking Temporary Rules 1973 (S.I. No. 137 of 1973)

Kilkenny Traffic and Parking Temporary Rules 1973 (S.I. No. 118 of 1973)

Galway Traffic and Parking Temporary Rules 1973 (S.I. No. 101 of 1973)

Dublin Traffic Temporary Rules 1973 (S.I. No. 62 of 1973)

Killarney Traffic and Parking Temporary Rules 1972 (S.I. No. 140 of 1972)

Kilkenny Traffic and Parking Temporary Rules 1972 (S.I. No. 127 of 1972)

Galway Traffic and Parking Temporary Rules 1972 (S.I. No. 110 of 1972)

Dublin Traffic Temporary Rules 1972 (S.I. No. 73 of 1972)

Sligo Traffic and Parking Temporary Rules 1971 (S.I. No. 189 of 1971)

Kilkenny Traffic and Parking Temporary Rules 1971 (S.I. No. 168 of 1971)

Killarney Traffic and Parking Temporary Rules 1971 (S.I. No. 153 of 1971)

Galway Traffic and Parking Temporary Rules 1971 (S.I. No. 141 of 1971)

Dublin and Dun Laoghaire Traffic Temporary Rules 1971 (S.I. No. 95 of 1971)

Cork Traffic and Parking Temporary Rules 1971 (S.I. No. 94 of 1971)

Dublin Traffic and Parking Temporary Rules 1970 (Revocation) Rules 1971 (S.I. No. 91 of 1971)

Limerick Traffic Temporary Rules 1971 (S.I. No. 42 of 1971)

Cork Traffic Temporary Rules 1971 (S.I. No. 25 of 1971)

Dundalk Traffic Temporary Rules 1970 (S.I. No. 304 of 1970)

Salterstown County Louth Traffic Temporary Rules 1970 (S.I. No. 183 of 1970)

Waterford Suburbs Traffic Temporary Rules 1970 (S.I. No. 172 of 1970)

Youghal Traffic and Parking Temporary Rules 1970 (S.I. No. 158 of 1970).

Sligo Traffic and Parking Temporary Rules 1970 (S.I. No. 146 of 1970)

Cork Traffic (No. 2) Temporary Rules 1970 (S.I. No. 104 of 1970)

Dublin and Dun Laoghaire Traffic and Parking Temporary Rules 1970 (S.I. No. 52 of 1970)

Limerick Traffic and Parking Temporary Rules 1970 (S.I. No. 51 of 1970)

Cork Traffic and Parking Temporary Rules 1970 (S.I. No. 46 of 1970)

Cork Traffic Temporary Rules 1970 (S.I. No. 11 of 1970)

Limerick Traffic (No. 2) Temporary Rules 1969 (S.I. No. 7 of 1970)

Dundalk Traffic Temporary Rules 1969 (S.I. No. 253 of 1969)

Dublin Traffic and Parking Temporary Rules 1969 (S.I. No. 239 of 1969)

New Ross Traffic and Parking (No. 2) Temporary Rules 1969 (S.I. No. 218 of 1969)

Thurles Traffic and Parking Bye-Laws 1969 (S.I. No. 206 of 1969)

Drogheda Traffic Temporary Rules 1969 (S.I. No. 193 of 1969).

Tuam Traffic and Parking Bye-Laws 1969 (S.I. No. 175 of 1969)

Greystones Traffic and Parking Temporary Rules 1969 (S.I. No. 158 of 1969)

Newcastle West Traffic and Parking Temporary Rules 1969 (S.I. No. 157 of 1969)

Castlebar Traffic and Parking Temporary Rules 1969 (S.I. No. 114 of 1969)

Kilkee Traffic and Parking Temporary Rules 1969 (S.I. No. 116 of 1969)

Sligo Traffic and Parking Temporary Rules 1969 (S.I. No. 107 of 1969)

Dublin and Dun Laoghaire Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 38 of 1969)

Limerick Traffic and Parking Temporary Rules 1969 (S.I. No. 30 of 1969)

Cork Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 6 of 1969)

Ceanannus Mor Parking Temporary Rules 1969 (S.I. No. 4 of 1969)

Dublin Traffic and Parking Temporary Rules 1968 (S.I. No. 242 of 1968)

Carlow Traffic and Parking Temporary Rules 1968 (S.I. No. 211 of 1968)

Limerick Traffic Temporary Rules 1968 (S.I. No. 77 of 1968)

Dublin and Dun Laoghaire Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 58 of 1968)

Limerick Traffic and Parking Temporary Rules 1968 (S.I. No. 38 of 1968)

Cork Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 21 of 1968)

Dundalk Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 269 of 1968)

Dundalk Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 289 of 1967)

Dublin Traffic and Parking Temporary Rules 1967 (S.I. No. 259 of 1967)

Carlow Traffic and Parking Temporary Rules 1967 (S.I. No. 214 of 1967)

Dublin and Dun Laoghaire Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 53 of 1967)

Cork Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 15 of 1967)

Dublin Traffic and Parking Temporary Rules 1966 (S.I. No. 257 of 1966)

Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 51 of 1966)

Cork Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 15 of 1966)

Cavan Traffic and Parking Bye-Laws 1965 (S.I. No. 8 of 1966)

Bray Traffic and Parking Bye-Laws 1965 (S.I. No. 59 of 1965)

Dublin and Dun Laoghaire Traffic (One-Way Streets) Temporary Rules 1965 (S.I. No. 44 of 1965)

Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1964 (S.I. No. 55 of 1964)

Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961)

All statutory instruments up to and including Road Traffic (Amendment) Act 2018 (Commencement) (No. 2) Order 2018 (S.I. No. 538 of 2018), made 13 December 2018, were considered in the preparation of this revision.

Number 7 of 1994


ROAD TRAFFIC ACT 1994

REVISED

Updated to 22 December 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, commencement, construction and collective citation.

2.

Interpretation.

3.

Regulations.

4.

Repeals.

PART II

The Bureau

5.

Definitions for Part V of Act of 1968.

6.

Functions and duties of Bureau.

7.

Functions of Director.

8.

Protection of Director, etc., against legal proceedings.

PART III

Driving Offences

9.

Interpretation of Part III .

10.

Prohibition on driving vehicle while under influence of intoxicant.

11.

Prohibition on being in charge of vehicle while under influence of intoxicant.

12.

Obligation to provide preliminary breath specimen.

13.

Obligation to provide specimen following arrest.

14.

Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.

15.

Obligation to provide blood or urine specimen while in hospital.

16.

Detention of intoxicated drivers where a danger to selves or others.

17.

Procedure following provision of breath specimen under section 13.

18.

Procedure regarding taking of specimens of blood and provision of specimens of urine.

19.

Procedure at Bureau regarding specimens.

20.

Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.

21.

Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.

22.

Costs of prosecutions under sections 49 and 50 of Principal Act and Part III .

23.

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

24.

Bar to certain defence to charges under sections 49 and 50 of Principal Act.

PART IV

Driving Licences

25.

Requirement to carry driving licence while driving vehicle.

26.

Consequential disqualification orders.

27.

Amendment of provisions relating to removal of consequential disqualification orders.

28.

Provision of particulars of disqualifications to certain persons.

29.

Application of provisions of Principal Act to provisional licences.

PART V

Speed Limits

30.

Amendment of section 44A of Principal Act.

31.

Motorway speed limit.

32.

Amendment of section 45 of Principal Act.

33.

Special speed limits.

34.

Amendment of section 47 of Principal Act.

PART VI

Regulation of Traffic

35.

Regulations for general control of traffic and pedestrians.

36.

Parking of vehicles in parking places on public roads.

36A.

Bye-laws for restriction on parking—specified events.

36B.

Inspection of permits.

37.

Amendment of section 95 of Principal Act.

38.

Traffic calming measures.

PART VII

Miscellaneous

39.

Powers of entry.

40.

Amendment of Road Vehicles (Registration and Licensing) Order, 1958.

41.

Detention of vehicles.

42.

Power of road authority to provide and maintain certain equipment, etc. on public roads.

43.

Amendment of section 103 of Principal Act.

44.

Amendment of section 105 of Principal Act.

45.

Amendment of section 106 of Principal Act.

46.

Amendment of section 107 of Principal Act.

47.

Amendment of section 9 of Principal Act.

48.

Summary proceedings.

49.

Minor and consequential amendments.


Number 7 of 1994


ROAD TRAFFIC ACT 1994

REVISED

Updated to 22 December 2018


AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 TO 1987. [20 th April, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Medical Bureau of Road Safety is listed as a partly excluded agency in relation to certain records (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1, commenced as per s. 1(2).

Public bodies

6. ...

(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act.

...

SCHEDULE 1

Part 1

Partially Included Agencies

Section 6 does not include a reference to— ...

(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by the Bureau under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and the approval, supply, testing and maintenance of apparatus and of equipment used for the purpose of those Acts;

...

C2

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87.[(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users. ]

C3

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C4

Term “Commissioner” construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

...

C5

Collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010.

Restriction of Act.

46.—(1) This Act does not apply to— ...

[( bb) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety), ]

...

C6

Application of collectively cited Road Traffic Acts 1961 to 2006 restricted (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.

Grant of specialised vehicle permits

6. (1) The Permits Officer may grant a specialised vehicle permit if— ...

(b) he or she is satisfied that— ...

(ii) the vehicle and that operation will not otherwise contravene the Road Traffic Acts 1961 to 2006, Regulations made under those Acts, or any other law.

...

C7

Term “provisional licence” construed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.

Learner permit.

11.— ...

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

...

C8

Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

( a) a provision of the treaties of the European Communities, or

( b) an act adopted by an institution of those Communities.

C9

Application of collectively cited Road Traffic Acts 1961 to 2002 modified by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.

Provisions applying to certain offences relating to vehicles.

[3.—(1) ( a) This section applies to such of the offences specified in paragraph ( b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

( b) The offences referred to in paragraph ( a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

... ]

C10

Application of collectively cited Road Traffic Acts 1961 to 2004 restricted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 26 of 2005.

Exemptions for emergency vehicles.

27.—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively, of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.

C11

Application of collectively cited Road Traffic Acts 1961 to 2004 restricted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 26 of 2005.

Exemptions for emergency vehicles.

27.—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively, of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.

C12

Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred from Department of and Minister for Environment and Local Government to Department of and Minister for Public Enterprise and terms construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise changed to Department of and Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).

3.(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.

4.(1) The functions vested in the Minister for the Environment and Local Government—

(a) by or under—

(i) the Road Traffic Acts 1961 to 2002,

...

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.

C13

Terms “road” and “public place” construed (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 59, S.I. No. 327 of 1998.

Road for purposes of Road Traffic Acts, 1961 to 1995.

59.—For the avoidance of doubt it is hereby declared that—

(a) the word “road” includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to 1995, or any regulations made thereunder, a road in a State airport, and

(b) a State airport is, for the purposes of any enactment, a public place.

C14

Application of collectively cited Road Traffic Acts 1961 to 1987 modified (1.01.1994) by Roads Act 1993 (14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.

Functions generally of the Authority.

17.—...

(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.

...

The Authority and traffic management.

23.—(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.

...

C15

Term “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.

2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.

Editorial Notes:

E1

Prospective affecting provision: procedure prescribed for costs relating to offences under collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2010 (25/2010), s. 82, not commenced as of date of revision.

PART I

Preliminary and General

Short title, commencement, construction and collective citation.

1

1. (1) This Act may be cited as the Road Traffic Act, 1994.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions, including the application of section 4 to different Acts specified therein and to different provisions of those Acts.

(3) The Principal Act, the Act of 1968, the Act of 1984 and the Act of 1987 (in so far as it amends those Acts), shall be construed as one with this Act and may be cited together therewith as the Road Traffic Acts, 1961 to 1994.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (1.01.2003) by Road Traffic Act 1994 (Section 25) (Commencement) Order 2002 (S.I. No. 597 of 2002), art. 2.

2. The 1st day of January 2003 is fixed as the day on which section 25 of the Road Traffic Act, 1994 (No. 7 of 1994) comes into operation.

E3

Power pursuant to section exercised (12.08.1998) by Road Traffic Act 1994 (Commencement) Order 1998 (S.I. No. 284 of 1998), art. 2.

2. Paragraph (j) of subsection (1) of section 49 of the Road Traffic Act, 1994 shall come into operation on the 12th day of August, 1998.

E4

Power pursuant to section exercised (1.05.1997 and 1.10.1997) by Road Traffic Act 1994 (Commencement) Order 1997 (S.I. 180 of 1997), arts. 2 and 3.

2. The following provisions of the Road Traffic Act, 1994 shall come into operation on the 1st day of May, 1997:

(a) section 4 for the purpose of effecting the repeal of sections 89 and 90 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 60 of the Road Traffic Act, 1968 (No. 25 of 1968);

(b) section 35.

3. Section 36 of the Road Traffic Act, 1994 shall come into operation on the 1st day of October, 1997.

E5

Power pursuant to section exercised (19.04.1995 and 1.06.1995) by Road Traffic Act 1994 (Commencement) Order 1995 (S.I. No. 86 of 1995), art. 2.

2. (1) Sections 40, 41 and 47 of the Road Traffic Act, 1994 shall come into operation on the 19th day of April, 1995.

(2) Section 43 of the Road Traffic Act 1994 shall come into operation on the 1st day of June, 1995.

E6

Power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Commencement) (No. 2) Order 1994 (S.I. No. 350 of 1994) art. 2.

2. The following provisions of the Road Traffic Act, 1994 shall come into operation on the 2nd day of December, 1994:

(a) section 4 for the purpose of effecting the repeal of the Road Traffic (Amendment) Act, 1978 (No. 19 of 1978);

(b) sections 5 to 24, sections 26 to 29, section 39, section 45 and paragraphs (d) and (l) of subsection (1) of section 49.

E7

Power pursuant to section exercised (22.07.1994) by Road Traffic Act 1994 (Commencement) Order 1994 (S.I. No. 222 of 1994), art. 2.

2. The following provisions of the Road Traffic Act. 1994 shall come into operation on the 22nd day of July, 1994:

(a) sections 1 to 3, sections 30 to 34, section 37, section 38, section 42, section 44, section 46, section 48 and section 49 other than paragraphs (d), (j) and (1) of subsection (1);

(b) section 4 for the purpose of effecting the repeal of section 101 (8), section 101A (inserted by the Act of 1987) and section 115 (7) of the Road Traffic Act, 1961 (No. 24 of 1961).

Interpretation.

2

2. (1) In this Act, save where the context otherwise requires—

the Act of 1968” means the Road Traffic Act, 1968;

the Act of 1978” means the Road Traffic (Amendment) Act, 1978;

the Act of 1984” means the Road Traffic (Amendment) Act, 1984;

the Act of 1987” means the Dublin Transport Authority (Dissolution) Act, 1987;

the Act of 1993” means the Roads Act, 1993;

licensing authority” means the council of a county or the corporation of a county borough;

prescribed” means prescribed by regulations made by the Minister under this Act;

the Principal Act” means the Road Traffic Act, 1961;

F1 [ reserved function is to be read in accordance with section 131 of the Local Government Act 2001 ; ]

(2) In this Act—

( a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act, unless it is indicated that reference to some other enactment is intended,

( b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

( c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Annotations:

Amendments:

F1

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(4)(a), commenced on enactment.

Regulations.

3

3. (1) The Minister may make regulations for the purpose of giving full effect to this Act and such regulations may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next subsequent 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (9.08.2018) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 (S.I. No. 321 of 2018).

E9

Power pursuant to section exercised (30.08.2016) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2016 (S.I. No. 460 of 2016).

E10

Power pursuant to section exercised (1.04.2012) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012).

E11

Power pursuant to section exercised (1.06.2011) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (S.I. No. 239 of 2011).

E12

Power pursuant to section exercised (28.06.2004) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 (S.I. No. 404 of 2004).

E13

Power pursuant to section exercised (13.03.2003) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 (S.I. No. 98 of 2003).

E14

Power pursuant to section exercised (29.09.1998) by Road Traffic Act, 1994 (Section 41) (Amendment) Regulations 1998 (S.I. No. 357 of 1998).

E15

Power pursuant to section exercised (1.09.1998 and 1.11.1998) by Road Traffic (Traffic and Parking) Amendment Regulations 1998 (S.I. No. 274 of 1998).

E16

Power pursuant to section exercised (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997).

E17

Power pursuant to section exercised (19.04.1995) by Road Traffic Act 1994 (Section 41) Regulations 1995 (S.I. No. 89 of 1995).

E18

Previous affecting provision: power pursuant to section exercised (20.12.2011) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2011 (S.I. No. 673 of 2011); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(f).

E19

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E20

Previous affecting provision: power pursuant to section exercised (21.07.1999) by Road Traffic Act 1994 (Section 17) Regulations 1999 (S.I. No. 326 of 1999); revoked (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010), reg. 5.

E21

Previous affecting provision: power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(c).

E22

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

Repeals.

4

4. (1) Sections 89, 90, 101 (8), 101A (inserted by the Act of 1987) and 115 (7) of the Principal Act, section 60 of the Act of 1968 and the Act of 1978 are hereby repealed.

(2) Regulations, bye-laws and temporary rules made under a provision or enactment referred to in subsection (1) and in force immediately before the commencement of this section shall continue in force and be deemed to be regulations or, as the case may be, bye-laws made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under or in accordance with any regulations, bye-laws or temporary rules as aforesaid and in force immediately before such commencement shall continue in force for the purposes of this Act.

PART II

The Bureau

Definitions for Part V of Act of 1968.

5

5. F2 [ ]

Annotations:

Amendments:

F2

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Functions and duties of Bureau.

6

6.F3 [ ]

Annotations:

Amendments:

F3

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Functions of Director.

7

7. F4 [ ]

Annotations:

Amendments:

F4

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Protection of Director, etc., against legal proceedings.

8

8. F5 [ ]

Annotations:

Amendments:

F5

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

PART III

Driving Offences

Annotations:

Amendments:

F6

Inserted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(a), commenced on enactment.

F7

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C16

Presumption in relation to Part III provided (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(8), S.I. No. 384 of 2006.

Mandatory alcohol testing.

4.— ...

(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.

C17

Application of Part III extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(c), commenced on enactment.

Driving while unfit or under influence of intoxicant.

55.—The provisions of—

...

(c) Part III of the Act of 1994 (which relates to driving offences) shall apply to a person driving or in charge of a light rail vehicle or arrested under any of the provisions mentioned in that Part in respect of an offence connected with a light rail vehicle or in respect of an event mentioned in section 15 of that Act,

and, accordingly, any reference in those provisions to a mechanically propelled vehicle shall be construed as including a reference to a light rail vehicle.

Editorial Notes:

E23

Previous affecting provision: penalty for offences under Part III prescribed by Road Traffic Act 2006 (23/2006), s. 5, not commenced; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), S.I. No. 543 of 2011, subject to saver in subs. (3).

Interpretation of Part III .

9

9. (1) In this Part—

analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968;

designated” means designated by a member of the Garda Síochána;

doctor” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978;

intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

F6 [ nurse means a person registered in the register of nurses established under section 27 of the Nurses Act 1985. ]

(2) A reference in this Part (other than sections 10 and 11 ) to section 49 or 50 of the Principal Act is to the section inserted by this Part.

Annotations:

Amendments:

F6

Inserted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(a), commenced on enactment.

F7

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

9. F7 [ ]

C19

Term “General Register of Medical Practitioners” construed (1.05.2010) by Medical Practitioners Act 2007 (25/2007), s. 108(2), S.I. No. 150 of 2010.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— ...

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.

Prohibition on driving vehicle while under influence of intoxicant.

10

10. F8 [ ]

Annotations:

Amendments:

F8

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Prohibition on being in charge of vehicle while under influence of intoxicant.

11

11. F9 [ ]

Annotations:

Amendments:

F9

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Obligation to provide preliminary breath specimen.

12

F10 [ 12. (1) F11 [ ]

(2) F11 [ ]

(3) F11 [ ]

(4) F11 [ ]

(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda S í och á na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

(6) F11 [ ]

(7) F11 [ ]

(8) F11 [ ]

(9) F11 [ ]

(10) F11 [ ] ]

Annotations:

Amendments:

F10

Substituted (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 2, S.I. No. 253 of 2011.

F11

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 543 of 2011.

F12

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: subs. (5) repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

(5) F12 [ ]

Editorial Notes:

E24

Previous affecting provision: increased fine for offence under subs. (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 384 of 2006.

E25

Previous affecting provision: section substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 2, S.I. No. 647 of 2003.

E26

Previous affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E27

Previous affecting provision: section substituted by Road Traffic Act 2002 (12/2002), s. 10, not commenced; repealed (1.12.2003) by Road Traffic Act 2003 (37/2003), S.I. No. 647 of 2003.

Obligation to provide specimen following arrest.

13

13.(1) F13 [ ]

(2) F13 [ ]

(3) F13 [ ]

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath.

(5) F13 [ ]

Annotations:

Amendments:

F13

Repealed (29.10.2011), excluding subs. (4)) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Modifications (not altering text):

Prospective affecting provision: subs. (4) repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

(4) F13 [ ]

Editorial Notes:

E28

Previous affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 24, S.I. No. 543 of 2011.

E29

Previous affecting provision: presumption in relation to proof of written statement under subs. (1) provided (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 30, S.I. No. 543 of 2011.

E30

Previous affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25/2010), s. 32(1), not commenced; repealed as per s. 32(2) (28.10.2011) by S.I. No. 543 of 2011.

E31

Previous affecting provision: increased fine for offence under subss. (2) and (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E32

Previous affecting provision: subs. (1) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(b), commenced on enactment.

E33

Previous affecting provision: words in subs. (1) substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(10), S.I. No. 384 of 2006.

E34

Previous affecting provision: words in subs. (1) substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 3, S.I. No. 647 of 2003.

E35

Previous affecting provision: increased fine for offences under subss. (2) and (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E36

Previous affecting provision: transitional procedure prescribed for offences under section committed on or after the 2.12.1994, but before enactment (25.05.1995) of the Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment.

Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.

14

14. F14 [ ]

Annotations:

Amendments:

F14

Repealed (28.10.2011) Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E37

Previous affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25/2010), s. 32(1), not commenced; repealed as per subs. (2) (28.10.2011) by S.I. No. 543 of 2011.

E38

Previous affecting provision: increased fine for offence under subss. (2) and (5) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E39

Previous affecting provision: words in subs. (4) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(c), commenced on enactment.

E40

Previous affecting provision: transitional procedure prescribed for offences under section committed on or after the 2.12.1994, but before enactment (25.05.1995) of the Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment.

E41

Previous affecting provision: increased fine for offence under subss. (2) and (5) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

Obligation to provide blood or urine specimen while in hospital.

15

15.F15 [ ]

Annotations:

Amendments:

F15

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E42

Previous affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25/2010), s. 32(1), not commenced; repealed as per s. 32(2) on commencement of s. 29 (28.10.2011) by S.I. No. 543 of 2011.

E43

Previous affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 24, S.I. No. 543 of 2011.

E44

Previous affecting provision: section substituted (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 3, S.I. No. 253 of 2011; repealed as per F-note above.

E45

Previous affecting provision: increased fine for offence under subs. (2) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E46

Previous affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E47

Previous affecting provision: transitional procedure prescribed for offences under section committed on or after 2.12.1994, but before enactment (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment.

Detention of intoxicated drivers where a danger to selves or others.

16

16. F16 [ ]

Annotations:

Amendments:

F16

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E48

Previous affecting provision: substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(d), commenced on enactment.

E49

Previous affecting provision: application of section extended (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 102, S.I. No. 215 of 2006.

Procedure following provision of breath specimen under section 13 .

17

17.F17 [ ]

Annotations:

Amendments:

F17

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E50

Previous affecting provision: power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010).

E51

Previous affecting provision: power pursuant to section exercised (21.07.1999) by Road Traffic Act 1994 (Section 17) Regulations 1999 (S.I. No. 326 of 1999); revoked (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010).

E52

Previous affecting provision: increased fine for offence under subs. (4) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E53

Previous affecting provision: increased fine for offence under subs. (4) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002; superseded by E-note above.

Procedure regarding taking of specimens of blood and provision of specimens of urine.

18

18. F18 [ (1) Where under this Part a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section. ]

(2) Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.

(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Annotations:

Amendments:

F18

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(e), commenced on enactment.

F19

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

18. F19 [ ]

Editorial Notes:

E54

Power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).

E55

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E56

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

Procedure at Bureau regarding specimens.

19

19. (1) As soon as practicable after it has received a specimen forwarded to it under section 18 , the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Annotations:

Amendments:

F20

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

19. F20 [ ]

Editorial Notes:

E57

Power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).

E58

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E59

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.

20

20. (1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15 .

(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15 , he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

( a) that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 19 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

( b) that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 19 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

( c) that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statement under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

(3) ( a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.

( b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to F21 [ a fine not exceeding 5,000 ] or to imprisonment for a term not exceeding 6 months or to both.

(4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) was so taken with the intention of frustrating a prosecution under either of those sections, the court may find him guilty of an offence under subsection (3).

Annotations:

Amendments:

F21

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

F22

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

20. F22 [ ]

Editorial Notes:

E60

Previous affecting provision: increased fine for offence under subs. (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.

21

21. (1) A duly completed statement purporting to have been supplied under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him by or under this Part prior to and in connection with the supply by him pursuant to section 17 (2) of such statement.

(2) A duly completed form under section 18 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the F23 [ designated doctor or designated nurse ] concerned with the requirements imposed on him by or under this Part.

(3) A certificate expressed to have been issued under section 19 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under this Part or Part V of the Act of 1968.

(4) In a prosecution for an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 it shall be presumed until the contrary is shown that each of the following persons is a F23 [ designated doctor or designated nurse, as the case may be ]

( a) a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine,

( b) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to permit the taking by him of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his in relation to the taking of such a specimen,

( c) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to provide for him a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his in relation to the provision of such a specimen.

F23 [ (5) Where under section 13, 14 or 15 a designated doctor, or under section 13 or 14 a designated nurse, states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor or nurse, shall, in any proceedings under the Road Traffic Acts 1961 to 2006 be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it. ]

Annotations:

Amendments:

F23

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(f), commenced on enactment.

F24

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

21. F24 [ ]

Costs of prosecutions under sections 49 and 50 of Principal Act and Part III .

22

22. (1) Where a person is convicted of an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 , committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.

(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.

Annotations:

Amendments:

F25

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

22. F25 [ ]

Editorial Notes:

E61

Power pursuant to section exercised (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010).

E62

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E63

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

23

23. (1) In a prosecution of a person for an offence under section 13 for refusing or failing to comply with a requirement to provide 2 specimens of his breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.

(2) In a prosecution of a person for an offence under section 13 , 14 or 15 for refusing or failing to comply with a requirement to permit a F26 [ designated doctor or designated nurse ] to take a specimen of blood or for refusing or failing to comply with a requirement of a F26 [ designated doctor or designated nurse ] in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.

(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to comply with a requirement to provide 2 specimens of his breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his blood or to comply with a requirement of a F26 [ designated doctor or designated nurse ] in relation to the taking of a specimen of blood, as the case may be.

Annotations:

Amendments:

F26

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(g), commenced on enactment.

F27

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C26

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

23. F27 [ ]

Bar to certain defence to charges under sections 49 and 50 of Principal Act.

24

24.It shall not be a defence for a person charged with an offence under section 49 (1) or 50 (1) of the Principal Act to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under the Road Traffic Acts, 1961 to 1994, has not been carried out or that he has not been requested under F28 [ section 12 of this Act or section 4 of the Road Traffic Act 2006 ] to provide a specimen of his breath.

Annotations:

Amendments:

F28

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(h), commenced on enactment.

F29

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

24. F29 [ ]

PART IV

Driving Licences

Requirement to carry driving licence while driving vehicle.

25

25. F30 [ ]

Annotations:

Amendments:

F30

Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(a), S.I. No. 255 of 2011.

Consequential disqualification orders.

26

26. F31 [ ]

Annotations:

Amendments:

F31

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(3)(a), S.I. No. 543 of 2011.

Amendment of provisions relating to removal of consequential disqualification orders.

27

27.Section 29 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1):

(1A) Notwithstanding the provisions of subsection (1) ( a)—

( a) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) or (5) of section 26 (as inserted by section 26 of the Road Traffic Act, 1994) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) or (5), as the case may be, to be not less than 2 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 9 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 1 year after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified;

( b) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) of section 26 (as so inserted) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) to be not less than 4 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 21 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 2 years after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified,

and the references in the other provisions of this section to subsection (1) of this section shall be construed as including references to this subsection.”.

Provision of particulars of disqualifications to certain persons.

28

28.The following is substituted for section 42 (4) ( d) of the Principal Act:

( d) the notification to licensing authorities and such other (if any) persons as may be prescribed of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.”.

Application of provisions of Principal Act to provisional licences.

29

29. (1) F32 [ ]

(2) Section 35 of the Principal Act is hereby amended by the substitution in paragraph ( c) of subsection (3) for “defendant” of “ person driving the vehicle”.

Annotations:

Amendments:

F32

Repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

PART V

Speed Limits

Amendment of section 44A of Principal Act.

30

30.Section 44A (as inserted by the Act of 1968) of the Principal Act is hereby amended in subsection (1) by the insertion after “all public roads” of “ (other than motorways)” in both places where those words occur.

Motorway speed limit.

31

31.Part IV of the Principal Act is hereby amended by the insertion after section 44A (inserted by the Act of 1968) of the following section:

“Motorway speed limit.

44B.— (1) Subject to sections 44, 44A (inserted by the Road Traffic Act, 1968) 45 and 46 (inserted by the Road Traffic Act, 1994) of this Act, there shall be a speed limit (which shall be known as ‘ the motorway speed limit’) of 70 miles per hour in respect of all motorways for all mechanically propelled vehicles.

(2) The Minister may by regulations vary the speed limit standing specified in subsection (1) of this section and that subsection shall have effect in accordance with any such regulations for the time being in force.”.

Amendment of section 45 of Principal Act.

32

32.Section 45 of the Principal Act is hereby amended—

( a) in subsection (1) by the insertion in paragraph ( a) after “public roads” of “ (other than motorways)”, and

( b) in subsection (2) by the substitution for paragraphs ( a) and ( b) of the following:

( a) a public road which is in a county or other borough, an urban district or a town, other than a road which is declared by the council of a county or the corporation of a county borough in bye-laws under section 46 of this Act not to be a public road in a built-up area for those purposes;

( b) a public road which is not in a county or other borough, an urban district or a town and which is declared by the council of a county in bye-laws under section 46 of this Act to be a public road in a built-up area for those purposes.”.

Special speed limits.

33

33.The Principal Act is hereby amended by the substitution for section 46 of the following section.

“Special speed limits.

46.— (1) ( a) The council of a county or the corporation of a county borough may make bye-laws specifying in respect of any specified public road or of all public roads within its administrative county the speed (which shall be known as ‘ a special speed limit’) which shall be the speed limit on such road or roads for mechanically propelled vehicles.

( b) The corporation of a county borough may, in bye-laws under this section, provide that the built-up area speed limit shall not apply to any specified public road in its administrative county by declaring the said public road not to be a public road in a built-up area for the purposes of section 45 of this Act.

( c) The council of a county may, in bye-laws under this section—

(i) provide that the built-up area speed limit shall not apply to any specified public road which is in a borough, an urban district or a town within its administrative county by declaring the said public road not to be a public road in a built-up area for the purposes of section 45 of this Act, and

(ii) provide that the built-up area speed limit shall apply to any specified public road which is not in a borough, an urban district or a town within its administrative county by declaring the said public road to be a public road in a built-up area for the purposes of section 45 of this Act.

( d) The council of a county or the corporation of a county borough may, in bye-laws under this section, provide that the motorway speed limit shall not apply to any specified motorway or part thereof within its administrative county by declaring the said motorway or part not to be a motorway for the purposes of this Act.

(2) Before making bye-laws under this section—

( a) the council of a county shall give notice to the corporation of any borough, the council of any urban district and the commissioners of any town in the administrative county concerned of the provisions in the proposed bye-laws relating to public roads in their respective administrative areas and shall consider any representations made in writing to the council of the county by such corporation, council or commissioners within the period (not being less than one month after the date of service of the notice) specified in the notice, and

( b) the council of a county or the corporation of a county borough shall give notice to the Commissioner and shall consider any representations made in writing to the council or corporation by the Commissioner within the period (not being less than one month after the date of service of the notice) specified in the notice.

(3) The council of a county or the corporation of a county borough shall not make bye-laws under this section relating to national roads or motorways without the prior consent of the National Roads Authority.

(4) ( a) The Minister may make regulations for the purpose of giving full effect to this section.

( b) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph ( a) of this subsection, make provision in relation to all or any of the following matters:

(i) the speed limits which may be specified in bye-laws under this section;

(ii) the class or classes of mechanically propelled vehicle which may be exempted from speed limits specified in bye-laws under this section.

(5) The making of bye-laws under this section and the making of representations under subsection (2) ( a) shall be reserved functions.

(6) Any regulation made under section 46 of this Act and in force immediately before the commencement of this section shall, after such commencement, continue in force and be deemed to be a bye-law under this section and shall as respects any public road be capable of being amended or revoked by the council of the county or corporation of the county borough in the administrative county of which the road is situated.

(7) In this section ‘ administrative county’ has the meaning assigned to it by the Local Government (Ireland) Act, 1898.”.

Amendment of section 47 of Principal Act.

34

34.Section 47 of the Principal Act is hereby amended by the substitution for subsection (3) of the following:

“(3) In this section ‘ speed limit’ means a limit which is—

( a) an ordinary speed limit,

( b) a general speed limit,

( c) the built-up area speed limit,

( d) a special speed limit, or

( e) the motorway speed limit.”.

PART VI

Regulation of Traffic

Regulations for general control of traffic and pedestrians.

35

35. (1) The Minister may make regulations for the general regulation and control of traffic (including the parking of vehicles) and pedestrians in public places.

(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:

( a) specifying rules for the use of roads by traffic and pedestrians;

( b) requiring traffic to proceed in a specified direction only or to proceed along a specified side of the roadway or, in the case of dual or multiple carriageways, along a specified carriageway;

( c) assigning different parts of the road to different traffic (including pedal cycles) and pedestrians;

( d) prohibiting or restricting traffic or specified traffic from using a specified road or specified parts of the road (including footways or parts of the road reserved for pedal cycles);

F33 [ ( dd ) prohibiting or restricting pedestrians from using a specified road or specified parts of a road upon which there is a light railway (within the meaning of the Transport (Railway Infrastructure) Act, 2001). ]

( e) specifying rights of priority of passage for traffic;

( f) specifying the courses to be taken by traffic at road junctions;

( g) regulating and controlling the stopping, reversing, turning and overtaking of vehicles;

( h) prohibiting or regulating and controlling the driving of mechanically propelled vehicles and pedal cycles in relation to animals or animal-drawn traffic;

( i) prohibiting or regulating and controlling the driving or leading of animals;

( j) regulating and controlling the conduct of pedestrians on roads and specifying the respective rights of priority of traffic and pedestrians on roads;

( k) specifying rules for the parking of vehicles in public places;

( l) specifying, or authorising specified road authorities by resolution to specify, the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period;

( m) specifying the places in which the parking of vehicles may be prohibited or restricted;

( n) prohibiting or restricting the loading or unloading of goods on, through or across any part of a road;

( o) requiring specified signals to be given by persons in charge of traffic to indicate their intentions;

( p) the control of traffic and pedestrians by members of the Garda Síochána;

( 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;

( r) specifying rules for the speed of traffic in specified circumstances;

F34 [ ( rr ) the control and regulation of the use of stopping places, and stands, specified in notices under section 85 of the Principal Act including the restriction and prohibition of the parking and stopping of vehicles at such stopping places and stands; ]

( s) exempting specified classes of vehicles from specified provisions of regulations under this section and effecting identification of exempted vehicles.

F35 [ ( t ) the issue of a permit by a local authority, or any other person authorised by the Minister in the regulations, subject to any terms or conditions attached to the permit as prescribed in or permitted by the regulations, for the purposes of

(i) exempting the permit holder from restrictions or prohibitions on parking applied under this section,

(ii) permitting the parking of a vehicle by the permit holder at specified locations, or

(iii) exempting the permit holder from the application of prohibitions and restrictions applied under this section to specified traffic from entering or using specified roads,

upon payment of a prescribed fee, if any, and the disposal of such fees and different fees may be prescribed in respect of different classes of permits. ]

(3) Different regulations may be made under this section—

( a) in respect of different classes of traffic, and

( b) for different circumstances, different areas and different classes of roads.

(4) The making of a resolution pursuant to regulations under subsection (2) (l) shall be a reserved function.

(5) ( a) A person who contravenes a regulation under this section shall be guilty of an offence.

( b) Where, in relation to the parking of a mechanically propelled vehicle, there is a contravention of a regulation under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(6) ( a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

( b) Where a person charged with an offence under subsection (5) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

F36 [ (7) F37 [ ] ]

F38 [ (7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t) , the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue. ]

F36 [ (8) F37 [ ] ]

Annotations:

Amendments:

F33

Inserted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 62, commenced on enactment.

F34

Inserted (9.01.2013) by Road Traffic Act 2002 (12/2002), s. 20, S.I. No. 12 of 2013.

F35

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(4)(b)(i), commenced on enactment.

F36

Inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(2), S.I. No. 26 of 2005.

F37

Repealed (11.07.2007) by Road Traffic Act 2007 (34/2007), s. 12(4)(b)(ii), commenced on enactment.

F38

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 89, S.I. No. 255 of 2011.

Modifications (not altering text):

C28

Prospective affecting provision: application of requirements in regulations made under section restricted by Vehicle Clamping Act 2015 (13/2015), s. 33(1), to be commenced (1.10.2017) by S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

33. (1) Requirements under regulations made under section 35 or bye-laws made under section 36 or 36A of the Road Traffic Act 1994 relating to the parking of a vehicle or the entry of a vehicle to a road do not apply to a vehicle being used by a clamping operator or under the direction of a clamping operator in the course of clamping activities in respect of unlawful parking in a public place, where such use does not endanger the safety of or impede road users.

...

C29

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A pt. 1 ref. no. 25, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function with is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal dsitrict members concerned, and

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

... ]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

25

The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period.

Section 35 of the Road Traffic Act 1994.

...

...

... ]

C30

Application of section not subjected to rule on production of driving licence to court in certain circumstances by Road Traffic Act 2002 (12/2002), s. 22, as substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

C31

Provision for evidence under section made (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81, S.I. No. 255 of 2011.

Evidence in relation to speeding and certain other offences.

81.—(1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by—

(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or

(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record. It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.

Editorial Notes:

E64

Power pursuant to section exercised (9.08.2018) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 (S.I. No. 321 of 2018).

E65

Certain offences under subs. (5) designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b)-(d), sch. 2 part 1, sch. 3 part 2 and sch. 4 part 2, in effect as per reg. 2.

E66

Certain offences under subs. (5) declared to be fixed charge offences (31.07.2015) by Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015 (S.I. No. 331 of 2015), regs. 3, 4(d), in effect as per reg. 1(2).

E67

Certain offences under subs. (5) declared to be fixed charged offences (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), regs. 3, 4, in effect as per reg. 1(2).

E68

Power pursuant to section exercised (30.08.2016) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2016 (S.I. No. 460 of 2016).

E69

Power pursuant to section exercised (8.07.2014) by Road Traffic (Traffic and Parking) (Car Clubs and Electrically Powered Vehicles) Regulations 2014 (S.I. No. 325 of 2014).

E70

Power pursuant to section exercised (6.06.2013) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2013 (S.I. No. 188 of 2013).

E71

Power pursuant to section exercised (1.10.2012, 1.05.2013, 1.10.2013) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012).

E72

Power pursuant to section exercised (1.04.2012) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012).

E73

Power pursuant to section exercised (1.06.2011) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (S.I. No. 239 of 2011).

E74

Power pursuant to subs. (1) and (2)(t)(iii) exercised (15.12.2006) by Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006).

E75

Power pursuant to section exercised (15.12.2006) by Road Traffic (Control of Traffic) Regulations 2006 (S.I. No. 638 of 2006).

E76

Power pursuant to section exercised (28.06.2004) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 (S.I. No. 404 of 2004).

E77

Power pursuant to section exercised (13.03.2003) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 (S.I. No. 98 of 2003).

E78

Power pursuant to section exercised (1.09.1998 and 1.11.1998) by Road Traffic (Traffic and Parking) Amendment Regulations 1998 (S.I. No. 274 of 1998).

E79

Power pursuant to section exercised (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997).

E80

S. 4(2) of this Act provides that regulations, bye-laws and temporary rules made under s. 89 of the Road Traffic Act 1961 and in force immediately before the commencement (1.05.1997) of the repeal of that section by s. 4(1) of this Act shall continue in force and are deemed to be made under the corresponding provision of this Act which is s. 35.

The following are the statutory instruments made under s. 89 and in force immediately before the commencement of the repeal:

• (20.09.1995) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1995 (S.I. No. 268 of 1995).

• (8.02.1995) County of Louth Traffic and Parking Temporary Rules 1995 (S.I. No. 22 of 1995).

• (8.02.1995) Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 23 of 1995).

• (8.04.1994) County of Offaly Traffic and Parking Bye-Laws 1993 (S.I. No. 87 of 1994).

• (7.02.1994) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 27 of 1994).

• (21.10.1993) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 327 of 1993).

• (3.05.1993) Dublin Area Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 131 of 1993).

• (19.12.1990) County of Westmeath Traffic and Parking Bye-Laws 1990 (S.I. No. 322 of 1990).

• (20.11.1987) Dublin Area Traffic and Parking Bye-Laws 1987 (S.I. No. 292 of 1987).

• (8.07.1986) County of Carlow Traffic and Parking Bye-Laws 1986 (S.I. No. 177 of 1986).

• (8.07.1986) County of Cavan Traffic and Parking Bye-Laws 1986 (S.I. No. 178 of 1986).

• (8.07.1986) County of Clare Traffic and Parking Bye-Laws 1986 (S.I. No. 179 of 1986).

• (8.07.1986) Cork (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 180 of 1986).

• (8.07.1986) County of Donegal Traffic and Parking Bye-Laws 1986 (S.I. No. 181 of 1986).

• (8.07.1986) Dublin Area Traffic and Parking Bye-Laws 1986 (S.I. No. 182 of 1986).

• (8.07.1986) Galway (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 183 of 1986).

• (8.07.1986) County of Kerry Traffic and Parking Bye-Laws 1986 (S.I. No. 184 of 1986).

• (8.07.1986) County of Kildare Traffic and Parking Bye-Laws 1986 (S.I. No. 185 of 1986).

• (8.07.1986) County of Kilkenny Traffic and Parking Bye-Laws 1986 (S.I. No. 186 of 1986).

• (8.07.1986) County of Laois Traffic and Parking Bye-Laws 1986 (S.I. No. 187 of 1986).

• (8.07.1986) County of Leitrim Traffic and Parking Bye-Laws 1986 (S.I. No. 188 of 1986).

• (8.07.1986) Limerick (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 189 of 1986).

• (8.07.1986) County of Longford Traffic and Parking Bye-Laws 1986 (S.I. No. 190 of 1986).

• (8.07.1986) County of Louth Traffic and Parking Bye-Laws 1986 (S.I. No. 191 of 1986).

• (8.07.1986) County of Mayo Traffic and Parking Bye-Laws 1986 (S.I. No. 192 of 1986).

• (8.07.1986) County of Meath Traffic and Parking Bye-Laws 1986 (S.I. No. 193 of 1986).

• (8.07.1986) County of Monaghan Traffic and Parking Bye-Laws 1986 (S.I. No. 194 of 1986).

• (8.07.1986) County of Offaly Traffic and Parking Bye-Laws 1986 (S.I. No. 195 of 1986).

• (8.07.1986) County of Roscommon Traffic and Parking Bye-Laws 1986 (S.I. No. 196 of 1986).

• (8.07.1986) County of Sligo Traffic and Parking Bye-Laws 1986 (S.I. No. 197 of 1986).

• (8.07.1986) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Bye-Laws 1986 (S.I. No. 198 of 1986).

• (8.07.1986) Waterford (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 199 of 1986).

• (8.07.1986) County of Wexford Traffic and Parking Bye-Laws 1986 (S.I. No. 201 of 1986).

• (8.07.1986) County of Wicklow Traffic and Parking Bye-Laws 1986 (S.I. No. 202 of 1986).

• (24.07.1985) Limerick (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 240 of 1985).

• (24.07.1985) Waterford (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 241 of 1985).

• (8.07.1985) County of Carlow Traffic and Parking Temporary Rules 1985 (S.I. No. 193 of 1985).

• (8.07.1985) County of Cavan Traffic and Parking Temporary Rules 1985 (S.I. No. 194 of 1985).

• (8.07.1985) County of Clare Traffic and Parking Temporary Rules 1985 (S.I. No. 195 of 1985).

• (8.07.1985) Cork (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 196 of 1985).

• (8.07.1985) County of Donegal Traffic and Parking Temporary Rules 1985 (S.I. No. 197 of 1985).

• (8.07.1985) Dublin Area Traffic and Parking Temporary Rules 1985 (S.I. No. 198 of 1985).

• (8.07.1985) County of Galway Traffic and Parking Temporary Rules 1985 (S.I. No. 199 of 1985).

• (8.07.1985) County of Kerry Traffic and Parking Temporary Rules 1985 (S.I. No. 200 of 1985).

• (8.07.1985) County of Kildare Traffic and Parking Temporary Rules 1985 (S.I. No. 201 of 1985).

• (8.07.1985) County of Kilkenny Traffic and Parking Temporary Rules 1985 (S.I. No. 202 of 1985).

• (8.07.1985) County of Laois Traffic and Parking Temporary Rules 1985 (S.I. No. 203 of 1985).

• (8.07.1985) County of Leitrim Traffic and Parking Temporary Rules 1985 (S.I. No. 204 of 1985).

• (8.07.1985) County of Longford Traffic and Parking Temporary Rules 1985 (S.I. No. 206 of 1985).

• (8.07.1985) County of Louth Traffic and Parking Temporary Rules 1985 (S.I. No. 207 of 1985).

• (8.07.1985) County of Mayo Traffic and Parking Temporary Rules 1985 (S.I. No. 208 of 1985).

• (8.07.1985) County of Meath Traffic and Parking Temporary Rules 1985 (S.I. No. 209 of 1985).

• (8.07.1985) County of Monaghan Traffic and Parking Temporary Rules 1985 (S.I. No. 210 of 1985).

• (8.07.1985) County of Offaly Traffic and Parking Temporary Rules 1985 (S.I. No. 211 of 1985).

• (8.07.1985) County of Roscommon Traffic and Parking Temporary Rules 1985 (S.I. No. 212 of 1985).

• (8.07.1985) County of Sligo Traffic and Parking Temporary Rules 1985 (S.I. No. 213 of 1985).

• (8.07.1985) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1985 (S.I. No. 214 of 1985).

• (8.07.1985) County of Westmeath Traffic and Parking Temporary Rules 1985 (S.I. No. 216 of 1985).

• (8.07.1985) County of Wexford Traffic and Parking Temporary Rules 1985 (S.I. No. 217 of 1985).

• (8.07.1985) County of Wicklow Traffic and Parking Temporary Rules 1985 (S.I. No. 218 of 1985).

• (25.06.1984) County of Carlow Traffic and Parking Temporary Rules 1984 (S.I. No. 148 of 1984).

• (25.06.1984) County of Clare Traffic and Parking Temporary Rules 1984 (S.I. No. 149 of 1984).

• (25.06.1984) County of Galway Traffic and Parking Temporary Rules 1984 (S.I. No. 150 of 1984).

• (25.06.1984) County of Laois Traffic and Parking Temporary Rules 1984 (S.I. No. 151 of 1984).

• (25.06.1984) Limerick (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 152 of 1984).

• (25.06.1984) County of Louth Traffic and Parking Temporary Rules 1984 (S.I. No. 153 of 1984).

• (25.06.1984) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1984 (S.I. No. 154 of 1984).

• (17.02.1984) Dublin Traffic and Parking Temporary Rules 1984 (S.I. No. 38 of 1984).

• (16.01.1984) Cork (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 3 of 1984).

• (24.04.1983) Dublin Traffic and Parking Temporary Rules 1983 (S.I. No. 105 of 1983).

• (1.10.1982) Dublin Traffic and Parking (No. 2) Temporary Rules 1982 (S.I. No. 287 of 1982).

• (24.04.1982) Dublin Traffic and Parking Temporary Rules 1982 (S.I. No. 109 of 1982).

• (24.04.1981) Dublin Traffic and Parking Temporary Rules 1981 (S.I. No. 148 of 1981).

• (1.10.1976) Cork Traffic and Parking (Pedestrianisation) Temporary Rules 1976 (S.I. No. 194 of 1976).

• (23.01.1975) Dublin Traffic and Parking (Pedestrianisation) Temporary Rules 1975 (S.I. No. 16 of 1975).

• (1.11.1974) Cavan Traffic and Parking Bye-Laws 1973 (S.I. No. 326 of 1974).

• (21.09.1974) Waterford Suburbs Traffic Temporary Rules 1974 (S.I. No. 268 of 1974).

• (2.06.1974) Killarney Traffic and Parking Temporary Rules 1974 (S.I. No. 143 of 1974).

• (28.02.1974) Dublin Parking Temporary Rules 1974 (S.I. No. 35 of 1974).

• (10.01.1974) Dublin Traffic and Parking (Pedestrianisation) (No. 2) Temporary Rules 1973 (S.I. No. 1 of 1974).

• (21.09.1973) Waterford Suburbs Traffic Temporary Rules (S.I. No. 266 of 1973).

• (2.06.1973) Killarney Traffic and Parking Temporary Rules 1973 (S.I. No. 137 of 1973).

• (24.05.1973) Kilkenny Traffic and Parking Temporary Rules 1973 (S.I. No. 118 of 1973).

• (29.04.1973) Galway Traffic and Parking Temporary Rules 1973 (S.I. No. 101 of 1973).

• (20.03.1973) Dublin Traffic Temporary Rules 1973 (S.I. No. 62 of 1973).

• (2.06.1972) Killarney Traffic and Parking Temporary Rules 1972 (S.I. No. 140 of 1972).

• (24.05.1972) Kilkenny Traffic and Parking Temporary Rules 1972 (S.I. No. 127 of 1972).

• (29.04.1972) Galway Traffic and Parking Temporary Rules 1972 (S.I. No. 110 of 1972).

• (20.03.1972) Dublin Traffic Temporary Rules 1972 (S.I. No. 73 of 1972).

• (27.06.1971) Sligo Traffic and Parking Temporary Rules 1971 (S.I. No. 189 of 1971).

• (24.05.1971) Kilkenny Traffic and Parking Temporary Rules 1971 (S.I. No. 168 of 1971).

• (3.05.1971) Killarney Traffic and Parking Temporary Rules 1971 (S.I. No. 153 of 1971).

• (15.04.1971) Galway Traffic and Parking Temporary Rules 1971 (S.I. No. 141 of 1971).

• (25.03.1971) Dublin Traffic and Parking Temporary Rules 1970 (Revocation) Rules 1971 (S.I. No. 91 of 1971).

• (19.03.1971) Cork Traffic and Parking Temporary Rules 1971 (S.I. No. 94 of 1971).

• (18.03.1971) Dublin and Dun Laoghaire Traffic Temporary Rules 1971 (S.I. No. 95 of 1971).

• (15.02.1971) Limerick Traffic Temporary Rules 1971 (S.I. No. 42 of 1971).

• (9.02.1971) Cork Traffic Temporary Rules 1971 (S.I. No. 25 of 1971).

• (22.12.1970) Dundalk Traffic Temporary Rules 1970 (S.I. No. 304 of 1970).

• (10.08.1970) Salterstown County Louth Traffic Temporary Rules 1970 (S.I. No. 183 of 1970).

• (29.07.1970) Waterford Suburbs Traffic Temporary Rules 1970 (S.I. No. 172 of 1970).

• (6.07.1970) Youghal Traffic and Parking Temporary Rules 1970 (S.I. No. 158 of 1970).

• (27.06.1970) Sligo Traffic and Parking Temporary Rules 1970 (S.I. No. 146 of 1970).

• (20.05.1970) Cork Traffic (No. 2) Temporary Rules 1970 (S.I. No. 104 of 1970).

• (18.03.1970) Limerick Traffic and Parking Temporary Rules 1970 (S.I. No. 51 of 1970).

• (18.03.1970) Dublin and Dún Laoghaire Traffic and Parking Temporary Rules 1970 (S.I. No. 52 of 1970).

• (16.03.1970) Cork Traffic and Parking Temporary Rules 1970 (S.I. No. 46 of 1970).

• (2.02.1970) Cork Traffic Temporary Rules 1970 (S.I. No. 11 of 1970).

• (20.01.1970) Limerick Traffic (No. 2) Temporary Rules 1969 (S.I. No. 7 of 1970).

• (22.12.1969) Dundalk Traffic Temporary Rules 1969 (S.I. No. 253 of 1969).

• (5.12.1969) Dublin Traffic and Parking Temporary Rules 1969 (S.I. No. 239 of 1969).

• (17.11.1969) New Ross Traffic and Parking (No. 2) Temporary Rules 1969 (S.I. No. 218 of 1969).

• (24.10.1969) Thurles Traffic and Parking Bye-Laws 1969 (S.I. No. 206 of 1969).

• (20.10.1969) Drogheda Traffic Temporary Rules 1969 (S.I. No. 193 of 1969).

• (5.09.1969) Tuam Traffic and Parking Bye-Laws 1969 (S.I. No. 175 of 1969).

• (12.08.1969) Greystones Traffic and Parking Temporary Rules 1969 (S.I. No. 158 of 1969).

• (11.08.1969) Newcastle West Traffic and Parking Temporary Rules 1969 (S.I. No. 157 of 1969).

• (30.06.1969) Castlebar Traffic and Parking Temporary Rules 1969 (S.I. No. 114 of 1969).

• (26.06.1969) Kilkee Traffic and Parking Temporary Rules 1969 (S.I. No. 116 of 1969).

• (20.06.1969) Sligo Traffic and Parking Temporary Rules 1969 (S.I. No. 107 of 1969).

• (18.03.1969) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 38 of 1969).

• (1.03.1969) Limerick Traffic and Parking Temporary Rules 1969 (S.I. No. 30 of 1969).

• (2.02.1969) Cork Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 6 of 1969).

• (28.01.1969) Ceanannus Mor Parking Temporary Rules 1969 (S.I. No. 4 of 1969).

• (5.12.1968) Dublin Traffic and Parking Temporary Rules 1968 (S.I. No. 242 of 1968).

• (9.10.1968) Carlow Traffic and Parking Temporary Rules 1968 (S.I. No. 211 of 1968).

• (10.04.1968) Limerick Traffic Temporary Rules 1968 (S.I. No. 77 of 1968).

• (18.03.1968) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 58 of 1968).

• (1.03.1968) Limerick Traffic and Parking Temporary Rules 1968 (S.I. No. 38 of 1968).

• (2.02.1968) Cork Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 21 of 1968).

• (22.12.1968) Dundalk Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 269 of 1968).

• (22.12.1967) Dundalk Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 289 of 1967).

• (5.12.1967) Dublin Traffic and Parking Temporary Rules 1967 (S.I. No. 259 of 1967).

• (9.10.1967) Carlow Traffic and Parking Temporary Rules 1967 (S.I. No. 214 of 1967).

• (18.03.1967) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 53 of 1967).

• (2.02.1967) Cork Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 15 of 1967).

• (5.12.1966) Dublin Traffic and Parking Temporary Rules 1966 (S.I. No. 257 of 1966).

• (18.03.1966) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 51 of 1966).

• (2.02.1966) Cork Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 15 of 1966).

• (12.01.1966) Cavan Traffic and Parking Bye-Laws 1965 (S.I. No. 8 of 1966).

• (30.03.1965) Bray Traffic and Parking Bye-Laws 1965 (S.I. No. 59 of 1965).

• (18.03.1965) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1965 (S.I. No. 44 of 1965).

• (18.03.1964) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1964 (S.I. No. 55 of 1964).

• (28.09.1961) Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961).

E81

Previous affecting provision: power pursuant to section exercised (20.12.2011) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2011 (S.I. No. 673 of 2011); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(f).

E82

Power pursuant to section exercised (15.09.2011) by Road Traffic (Bus Lanes) (Exemption) Regulations 2011 (S.I. No. 527 of 2011); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(e).

E83

Power pursuant to section exercised (20.01.2005) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2005 (S.I. No. 11 of 2005); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(d).

E84

Previous affecting provision: subs. (2)(t) inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(1), S.I. No. 26 of 2005; substituted as per F-note above.

E85

Previous affecting provision: subss. (7) and (8) inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(2), S.I. No. 26 of 2005; repealed as per F-notes above.

E86

Previous affecting provision: provision for evidence under section made (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21(1), S.I. No. 491 of 2002; repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.

E87

Power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(c).

Parking of vehicles in parking places on public roads.

36

36. (1) A road authority may make bye-laws for the control and regulation of the parking of vehicles in places specified in the bye-laws (in this section referred to as parking places) on public roads within their functional area and shall in the bye-laws provide for the payment of fees in respect of such parking.

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

( a) the specification of parking places;

( b) the payment of fees, including the manner and proof of payment (whether by means of a parking meter, the purchase and exhibition of a document, or otherwise) in respect of the parking of vehicles;

( c) the specification of the amount of any fees payable pursuant to bye-laws under paragraph (b);

( d) the specification of the maximum periods for which vehicles may be parked in specified parking places;

( e) the prohibition of the parking of vehicles in a parking place for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified;

( f) the prohibition of the parking of vehicles in a parking place for a longer period than that in respect of which a fee was paid;

( g) the specification of the classes of vehicles which may use a parking place in respect of which a fee is payable;

( h) the exemption of specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles;

( i) that indications given by parking meters shall be treated as evidence until the contrary is shown of such facts and for such purposes as may be specified in the bye-laws.

(3) Before making bye-laws under this section (other than bye-laws relating to the fees to be paid in respect of the parking of vehicles), a road authority shall—

( a) consult with the Commissioner;

( b) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

(i) indicating that it is proposed to make bye-laws under this section,

(ii) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

(iii) stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a fee not exceeding the reasonable cost of making such copies; and

( c) before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them pursuant to paragraph (b)(iii).

(4) Different bye-laws may be made under this section—

( a) in respect of different areas within the functional area of a road authority,

( b) in respect of different classes of vehicles,

( c) for different circumstances, and

( d) in respect of different periods of time.

(5) The making of bye-laws under this section and the consideration of observations or representations under subsection (3)(c) shall be reserved functions.

(6) As soon as may be after the making of bye-laws under this section notice of their making and of the place where copies thereof may be purchased or inspected shall be published in Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-laws relate.

(7) The Minister may issue general guidelines to road authorities relating to the content of bye-laws under this section and may amend or cancel any guidelines under this subsection and, where any such guidelines are in force for the time being, bye-laws under this section shall be made by road authorities in accordance with the guidelines.

(8) ( a) A person who contravenes a bye-law under this section shall be guilty of an offence.

( b) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(9) ( a) Where a person charged with an offence under subsection (8) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

( b) Where a person charged with an offence under subsection (8) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(10) In this section “ parking meter” means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.

(11) ( a) Subject to paragraph (b), any fees under this section shall be disposed of in such manner as the road authority concerned may by resolution determine.

( b) The Minister may issue general guidelines to road authorities relating to the disposal of fees under this section and may amend or cancel any such guidelines and, where any such guidelines are in force for the time being, fees under this section shall be disposed of by road authorities in accordance with the guidelines.

( c) The making of a resolution pursuant to paragraph (a) shall be a reserved function.

(12) In any prosecution for an offence under this section, a parking meter at a parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.

(13) The performance by a road authority of their functions under this section or under any bye-law thereunder shall not render the authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.

Annotations:

Modifications (not altering text):

C32

Prospective affecting provision: application of requirements in bye-laws made under section restricted by Vehicle Clamping Act 2015 (13/2015), s. 33(1), to be commenced (1.10.2017) by S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

33. (1) Requirements under regulations made under section 35 or bye-laws made under section 36 or 36A of the Road Traffic Act 1994 relating to the parking of a vehicle or the entry of a vehicle to a road do not apply to a vehicle being used by a clamping operator or under the direction of a clamping operator in the course of clamping activities in respect of unlawful parking in a public place, where such use does not endanger the safety of or impede road users.

...

C33

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A pt. 1 ref. no. 26 & 27, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function with is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal dsitrict members concerned, and

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

... ]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

26

Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws.

Section 36 of the Road Traffic Act 1994.

27

Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of.

Section 36 of the Road Traffic Act 1994.

...

...

... ]

C34

Application of section not subjected to rule on production of driving licence to court in certain circumstances by Road Traffic Act 2002 (12/2002), s. 22, as substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

Editorial Notes:

E88

Offence under section prescribed as fixed charge offence (3.04.2006) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006), regs. 2, 5(c)(ii) and sch. 2 (Contravention of bye-law made under section 36 in relation to parking of vehicles in public places).

E89

S. 4(2) of this Act provides that regulations, bye-laws and temporary rules made under s. 90 of the Road Traffic Act 1961 and in force immediately before the commencement (1.05.1997) of the repeal of that section by s. 4(1) of this Act shall continue in force and are deemed to be made under the corresponding provision of this Act which is s. 36.

The following are the statutory instruments made under s. 90 and in force immediately before the commencement of the repeal:

• (20.09.1995) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1995 (S.I. No. 268 of 1995).

• (12.07.1995) Road Traffic (Parking Fees) (Amendment) Regulations 1995 (S.I. No. 186 of 1995) (also made pursuant to s. 5).

• (8.02.1995) County of Louth Traffic and Parking Temporary Rules 1995 (S.I. No. 22 of 1995).

• (8.02.1995) Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 23 of 1995).

• (4.01.1995) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1994 (S.I. No. 11 of 1995).

• (31.01.1995) Dublin Area Traffic and Parking (Temporary) Rules 1994 (S.I. No. 12 of 1995).

• (8.04.1994) County of Offaly Traffic and Parking Bye-Laws 1993 (S.I. No. 87 of 1994).

• (7.02.1994) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 27 of 1994).

• (19.11.1993) Dublin Area Traffic and Parking Temporary Rules 1993 (S.I. No. 334 of 1993).

• (21.10.1993) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 327 of 1993).

• (21.10.1993) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1993 (S.I. No. 329 of 1993).

• (3.05.1993) Dublin Area Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 131 of 1993).

• (18.09.1992) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1992 (S.I. No. 279 of 1992).

• (1.09.1992) Dublin Meter Parking Places Rules 1992 (S.I. No. 235 of 1992).

• (23.06.1992) County of Wexford Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 200 of 1992).

• (29.05.1992) Limerick (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 147 of 1992).

• (14.02.1992) Cork (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 44 of 1992).

• (17.12.1990) Limerick (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1990 (S.I. No. 317 of 1990).

• (8.12.1989) Town of Mullingar Pay and Display Disc Parking Temporary Rules 1989 (S.I. No. 317 of 1989).

• (1.07.1989) Dublin Meter Parking Places Rules 1989 (S.I. No. 198 of 1989).

• (29.11.1988) Town of Mullingar Pay and Display Disc Parking Temporary Rules 1988 (S.I. No. 307 of 1988).

• (6.09.1988) Cork (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1988 (S.I. No. 225 of 1988).

• (29.01.1988) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1987 (S.I. No. 16 of 1988).

• (20.11.1987) Dublin Area Traffic and Parking Bye-Laws 1987 (S.I. No. 292 of 1987).

• (1.10.1987) Dublin Meter Parking Places Rules 1987 (S.I. No. 232 of 1987).

• (8.07.1986) County of Carlow Traffic and Parking Bye-Laws 1986 (S.I. No. 177 of 1986).

• (8.07.1986) County of Cavan Traffic and Parking Bye-Laws 1986 (S.I. No. 178 of 1986).

• (8.07.1986) County of Clare Traffic and Parking Bye-Laws 1986 (S.I. No. 179 of 1986).

• (8.07.1986) Cork (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 180 of 1986).

• (8.07.1986) County of Donegal Traffic and Parking Bye-Laws 1986 (S.I. No. 181 of 1986).

• (8.07.1986) Dublin Area Traffic and Parking Bye-Laws 1986 (S.I. No. 182 of 1986).

• (8.07.1986) Galway (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 183 of 1986).

• (8.07.1986) County of Kerry Traffic and Parking Bye-Laws 1986 (S.I. No. 184 of 1986).

• (8.07.1986) County of Kildare Traffic and Parking Bye-Laws 1986 (S.I. No. 185 of 1986).

• (8.07.1986) County of Kilkenny Traffic and Parking Bye-Laws 1986 (S.I. No. 186 of 1986).

• (8.07.1986) County of Laois Traffic and Parking Bye-Laws 1986 (S.I. No. 187 of 1986).

• (8.07.1986) County of Leitrim Traffic and Parking Bye-Laws 1986 (S.I. No. 188 of 1986).

• (8.07.1986) Limerick (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 189 of 1986).

• (8.07.1986) County of Longford Traffic and Parking Bye-Laws 1986 (S.I. No. 190 of 1986).

• (8.07.1986) County of Louth Traffic and Parking Bye-Laws 1986 (S.I. No. 191 of 1986).

• (8.07.1986) County of Mayo Traffic and Parking Bye-Laws 1986 (S.I. No. 192 of 1986).

• (8.07.1986) County of Meath Traffic and Parking Bye-Laws 1986 (S.I. No. 193 of 1986).

• (8.07.1986) County of Monaghan Traffic and Parking Bye-Laws 1986 (S.I. No. 194 of 1986).

• (8.07.1986) County of Offaly Traffic and Parking Bye-Laws 1986 (S.I. No. 195 of 1986).

• (8.07.1986) County of Roscommon Traffic and Parking Bye-Laws 1986 (S.I. No. 196 of 1986).

• (8.07.1986) County of Sligo Traffic and Parking Bye-Laws 1986 (S.I. No. 197 of 1986).

• (8.07.1986) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Bye-Laws 1986 (S.I. No. 198 of 1986).

• (8.07.1986) Waterford (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 199 of 1986).

• (8.07.1986) County of Wexford Traffic and Parking Bye-Laws 1986 (S.I. No. 201 of 1986).

• (8.07.1986) County of Wicklow Traffic and Parking Bye-Laws 1986 (S.I. No. 202 of 1986).

• (18.11.1985) Dublin Meter Parking Places (No. 2) Rules 1985 (S.I. No. 366 of 1985).

• (24.07.1985) Limerick (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 240 of 1985).

• (24.07.1985) Waterford (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 241 of 1985).

• (8.07.1985) County of Carlow Traffic and Parking Temporary Rules 1985 (S.I. No. 193 of 1985).

• (8.07.1985) County of Cavan Traffic and Parking Temporary Rules 1985 (S.I. No. 194 of 1985).

• (8.07.1985) County of Clare Traffic and Parking Temporary Rules 1985 (S.I. No. 195 of 1985).

• (8.07.1985) Cork (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 196 of 1985).

• (8.07.1985) County of Donegal Traffic and Parking Temporary Rules 1985 (S.I. No. 197 of 1985).

• (8.07.1985) Dublin Area Traffic and Parking Temporary Rules 1985 (S.I. No. 198 of 1985).

• (8.07.1985) County of Galway Traffic and Parking Temporary Rules 1985 (S.I. No. 199 of 1985).

• (8.07.1985) County of Kerry Traffic and Parking Temporary Rules 1985 (S.I. No. 200 of 1985).

• (8.07.1985) County of Kildare Traffic and Parking Temporary Rules 1985 (S.I. No. 201 of 1985).

• (8.07.1985) County of Kilkenny Traffic and Parking Temporary Rules 1985 (S.I. No. 202 of 1985).

• (8.07.1985) County of Laois Traffic and Parking Temporary Rules 1985 (S.I. No. 203 of 1985).

• (8.07.1985) County of Leitrim Traffic and Parking Temporary Rules 1985 (S.I. No. 204 of 1985).

• (8.07.1985) County of Longford Traffic and Parking Temporary Rules 1985 (S.I. No. 206 of 1985).

• (8.07.1985) County of Louth Traffic and Parking Temporary Rules 1985 (S.I. No. 207 of 1985).

• (8.07.1985) County of Mayo Traffic and Parking Temporary Rules 1985 (S.I. No. 208 of 1985).

• (8.07.1985) County of Meath Traffic and Parking Temporary Rules 1985 (S.I. No. 209 of 1985).

• (8.07.1985) County of Monaghan Traffic and Parking Temporary Rules 1985 (S.I. No. 210 of 1985).

• (8.07.1985) County of Offaly Traffic and Parking Temporary Rules 1985 (S.I. No. 211 of 1985).

• (8.07.1985) County of Roscommon Traffic and Parking Temporary Rules 1985 (S.I. No. 212 of 1985).

• (8.07.1985) County of Sligo Traffic and Parking Temporary Rules 1985 (S.I. No. 213 of 1985).

• (8.07.1985) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1985 (S.I. No. 214 of 1985).

• (8.07.1985) County of Westmeath Traffic and Parking Temporary Rules 1985 (S.I. No. 216 of 1985).

• (8.07.1985) County of Wexford Traffic and Parking Temporary Rules 1985 (S.I. No. 217 of 1985).

• (8.07.1985) County of Wicklow Traffic and Parking Temporary Rules 1985 (S.I. No. 218 of 1985).

• (4.02.1985) Dublin Meter Parking Places Rules 1985 (S.I. No. 27 of 1985).

• (25.06.1984) County of Carlow Traffic and Parking Temporary Rules 1984 (S.I. No. 148 of 1984).

• (25.06.1984) County of Clare Traffic and Parking Temporary Rules 1984 (S.I. No. 149 of 1984).

• (25.06.1984) County of Galway Traffic and Parking Temporary Rules 1984 (S.I. No. 150 of 1984).

• (25.06.1984) County of Laois Traffic and Parking Temporary Rules 1984 (S.I. No. 151 of 1984).

• (25.06.1984) Limerick (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 152 of 1984).

• (25.06.1984) County of Louth Traffic and Parking Temporary Rules 1984 (S.I. No. 153 of 1984).

• (25.06.1984) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1984 (S.I. No. 154 of 1984).

• (17.02.1984) Dublin Traffic and Parking Temporary Rules 1984 (S.I. No. 38 of 1984).

• (16.01.1984) Cork (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 3 of 1984).

• (5.09.1983) Dublin Meter Parking Places Rules 1983 (S.I. No. 265 of 1983).

• (5.08.1983) Knock Parking Temporary Rules 1983 (S.I. No. 226 of 1983).

• (24.04.1983) Dublin Traffic and Parking Temporary Rules 1983 (S.I. No. 105 of 1983).

• (1.10.1982) Dublin Traffic and Parking (No. 2) Temporary Rules 1982 (S.I. No. 287 of 1982).

• (28.07.1982) Knock Parking Temporary Rules 1982 (S.I. No. 223 of 1982).

• (24.04.1982) Dublin Traffic and Parking Temporary Rules 1982 (S.I. No. 109 of 1982).

• (30.11.1981) Dublin Traffic and Parking (No. 2) Temporary Rules 1981 (S.I. No. 401 of 1981).

• (14.06.1981) Knock Parking Temporary Rules 1981 (S.I. No. 210 of 1981).

• (24.04.1981) Dublin Traffic and Parking Temporary Rules 1981 (S.I. No. 148 of 1981).

• (14.6.1980) Knock Parking Temporary Rules 1980 (S.I. No. 172 of 1980).

• (21.05.1979) Knock Parking Temporary Rules 1979 (S.I. No. 165 of 1979).

• (1.02.1979) Dublin Meter Parking Places Rules 1979 (S.I. No. 26 of 1979).

• (1.10.1976) Cork Traffic and Parking (Pedestrianisation) Temporary Rules 1976 (S.I. No. 194 of 1976).

• (3.03.1975) Cork Parking Temporary Rules, 1974 (Revocation) Rules 1975 (S.I. No. 34 of 1975).

• (28.02.1975) Dublin Parking Temporary Rules 1975 (S.I. No. 28 of 1975).

• (31.01.1975) Dublin Traffic and Parking (Pedestrianisation) Temporary Rules 1975 (S.I. No. 16 of 1975).

• (1.11.1974) Cavan Traffic and Parking Bye-Laws 1973 (S.I. No. 326 of 1974).

• (29.08.1974) Limerick Parking Temporary Rules 1974 (S.I. No. 257 of 1974).

• (2.06.1974) Killarney Traffic and Parking Temporary Rules 1974 (S.I. No. 143 of 1974).

• (28.02.1974) Dublin Parking Temporary Rules 1974 (S.I. No. 35 of 1974).

• (10.01.1974) Dublin Traffic and Parking (Pedestrianisation) (No. 2) Temporary Rules 1973 (S.I. No. 1 of 1974).

• (29.08.1973) Limerick Parking Temporary Rules 1973 (S.I. No. 247 of 1973).

• (29.06.1973) Cork Parking Temporary Rules 1973 (S.I. No. 166 of 1973).

• (2.06.1973) Killarney Traffic and Parking Temporary Rules 1973 (S.I. No. 137 of 1973).

• (24.05.1973) Kilkenny Traffic and Parking Temporary Rules 1973 (S.I. No. 118 of 1973).

• (29.04.1973) Galway Traffic and Parking Temporary Rules 1973 (S.I. No. 101 of 1973).

• (28.02.1973) Dublin Parking Temporary Rules 1973 (S.I. No. 50 of 1973).

• (10.01.1973) Dublin Parking (Pedestrianisation) Temporary Rules 1972 (S.I. No. 3 of 1973).

• (29.08.1972) Limerick Parking Temporary Rules 1972 (S.I. No. 208 of 1972).

• (2.06.1972) Killarney Traffic and Parking Temporary Rules 1972 (S.I. No. 140 of 1972).

• (24.05.1972) Kilkenny Traffic and Parking Temporary Rules 1972 (S.I. No. 127 of 1972).

• (29.04.1972) Galway Traffic and Parking Temporary Rules 1972 (S.I. No. 110 of 1972).

• (28.02.1972) Dublin Parking Temporary Rules 1972 (S.I. No. 58 of 1972).

• (10.01.1972) Dublin Parking (Pedestrianisation) Temporary Rules 1971 (S.I. No. 1 of 1972).

• (29.08.1971) Limerick Parking Temporary Rules 1971 (S.I. No. 240 of 1971).

• (29.06.1971) Cork Parking Temporary Rules 1971 (S.I. No. 190 of 1971).

• (27.06.1971) Sligo Traffic and Parking Temporary Rules 1971 (S.I. No. 189 of 1971).

• (24.05.1971) Kilkenny Traffic and Parking Temporary Rules 1971 (S.I. No. 168 of 1971).

• (3.05.1971) Killarney Traffic and Parking Temporary Rules 1971 (S.I. No. 153 of 1971).

• (15.04.1971) Galway Traffic and Parking Temporary Rules 1971 (S.I. No. 141 of 1971).

• (25.03.1971) Dublin Traffic and Parking Temporary Rules 1970 (Revocation) Rules 1971 (S.I. No. 91 of 1971).

• (19.03.1971) Cork Traffic and Parking Temporary Rules 1971 (S.I. No. 94 of 1971).

• (22.02.1971) Dublin Parking Temporary Rules 1971 (S.I. No. 60 of 1971).

• (29.08.1970) Limerick Parking Temporary Rules 1970 (S.I. No. 193 of 1970).

• (6.07.1970) Youghal Traffic and Parking Temporary Rules 1970 (S.I. No. 158 of 1970).

• (29.06.1970) Cork Parking Temporary Rules 1970 (S.I. No. 147 of 1970).

• (27.06.1970) Sligo Traffic and Parking Temporary Rules 1970 (S.I. No. 146 of 1970).

• (11.06.1970) Loughrea Parking Temporary Rules 1970 (S.I. No. 129 of 1970).

• (7.06.1970) Arklow Parking Temporary Rules 1970 (S.I. No. 122 of 1970).

• (21.05.1970) Mullingar Parking Temporary Rules 1970 (S.I. No. 105 of 1970).

• (20.05.1970) Kilkenny Parking Temporary Rules 1970 (S.I. No. 106 of 1970).

• (18.03.1970) Limerick Traffic and Parking Temporary Rules 1970 (S.I. No. 51 of 1970).

• (16.03.1970) Cork Traffic and Parking Temporary Rules 1970 (S.I. No. 46 of 1970).

• (10.02.1970) Ceanannus Mor Parking Temporary Rules 1970 (S.I. No. 23 of 1970).

• (14.01.1970) Dublin Parking Temporary Rules 1969 (Revocation) Rules 1970 (S.I. No. 2 of 1970).

• (14.01.1970) Dublin Meter Parking Places Rules 1969 (S.I. No. 261 of 1969).

• (11.06.1969) Loughrea Parking Temporary Rules 1969 (S.I. No. 99 of 1969).

• (5.12.1969) Dublin Traffic and Parking Temporary Rules 1969 (S.I. No. 239 of 1969).

• (17.11.1969) New Ross Traffic and Parking (No. 2) Temporary Rules 1969 (S.I. No. 218 of 1969).

• (4.11.1969) Tipperary Parking Bye-Laws 1969 (S.I. No. 209 of 1969).

• (24.10.1969) Thurles Traffic and Parking Bye-Laws 1969 (S.I. No. 206 of 1969).

• (25.09.1969) Skibbereen Parking Temporary Rules 1969 (S.I. No. 179 of 1969).

• (5.09.1969) Road Traffic (Parking Fees) Regulations 1969 (S.I. No. 169 of 1969) (also made pursuant to s. 5).

• (5.09.1969) Tuam Traffic and Parking Bye-Laws 1969 (S.I. No. 175 of 1969).

• (12.08.1969) Greystones Traffic and Parking Temporary Rules 1969 (S.I. No. 158 of 1969).

• (4.08.1969) Newcastle West Traffic and Parking Temporary Rules 1969 (S.I. No. 157 of 1969).

• (2.08.1969) Limerick Parking Temporary Rules 1969 (S.I. No. 149 of 1969).

• (29.07.1969) Bundoran Parking Temporary Rules 1969 (S.I. No. 148 of 1969).

• (14.07.1969) Carrick-On-Shannon Parking Temporary Rules 1969 (S.I. No. 131 of 1969).

• (14.07.1969) Drogheda Parking Temporary Rules 1969 (S.I. No. 132 of 1969).

• (30.06.1969) Castlebar Traffic and Parking Temporary Rules 1969 (S.I. No. 114 of 1969).

• (29.06.1969) Cork Parking Temporary Rules 1969 (S.I. No. 115 of 1969).

• (26.06.1969) Kilkee Traffic and Parking Temporary Rules 1969 (S.I. No. 116 of 1969).

• (20.06.1969) Sligo Traffic and Parking Temporary Rules 1969 (S.I. No. 107 of 1969).

• (7.06.1969) Arklow Parking Temporary Rules 1969 (S.I. No. 100 of 1969).

• (23.05.1969) Road Traffic (Construction Equipment and Use of Vehicles) (Amendment) Regulations 1969 (S.I. No. 94 of 1969).

• (21.05.1969) Mullingar Parking Temporary Rules 1969 (S.I. No. 79 of 1969).

• (20.05.1969) Killarney Parking Temporary Rules 1969 (S.I. No. 78 of 1969).

• (1.03.1969) Limerick Traffic and Parking Temporary Rules 1969 (S.I. No. 30 of 1969).

• (17.02.1969) Ballybay Parking Temporary Rules 1969 (S.I. No. 24 of 1969).

• (28.01.1969) Ceanannus Mor Parking Temporary Rules 1969 (S.I. No. 4 of 1969).

• (5.12.1968) Dublin Traffic and Parking Temporary Rules 1968 (S.I. No. 242 of 1968).

• (9.10.1968) Carlow Traffic and Parking Temporary Rules 1968 (S.I. No. 211 of 1968).

• (25.09.1968) Skibbereen Parking Temporary Rules 1968 (S.I. No. 200 of 1968).

• (2.08.1968) Limerick Parking Temporary Rules 1968 (S.I. No. 162 of 1968).

• (14.07.1968) Drogheda Parking Temporary Rules 1968 (S.I. No. 152 of 1968).

• (10.07.1968) Carrick-On-Shannon Parking Temporary Rules 1968 (S.I. No. 150 of 1968).

• (29.06.1968) Cork Parking Temporary Rules 1968 (S.I. No. 141 of 1968).

• (11.06.1968) Loughrea Parking Temporary Rules 1968 (S.I. No. 122 of 1968).

• (7.06.1968) Arklow Parking Temporary Rules 1968 (S.I. No. 118 of 1968).

• (20.05.1968) Kilkenny Parking Temporary Rules 1968 (S.I. No. 108 of 1968).

• (29.04.1968) Dublin Parking Temporary Rules 1968 (S.I. No. 86 of 1968).

• (27.04.1968) Mullingar Parking Temporary Rules 1968 (S.I. No. 83 of 1968).

• (1.03.1968) Limerick Traffic and Parking Temporary Rules 1968 (S.I. No. 38 of 1968).

• (18.01.1968) Ceanannus Mór Parking Temporary Rules 1967 (S.I. No. 7 of 1968).

• (17.01.1968) Ballybay Parking Temporary Rules 1967 (S.I. No. 6 of 1968).

• (5.12.1967) Dublin Traffic and Parking Temporary Rules 1967 (S.I. No. 259 of 1967).

• (9.10.1967) Carlow Traffic and Parking Temporary Rules 1967 (S.I. No. 214 of 1967).

• (25.09.1967) Skibbereen Parking Temporary Rules 1967 (S.I. No. 207 of 1967).

• (2.08.1967) Limerick Parking Temporary Rules 1967 (S.I. No. 185 of 1967).

• (14.07.1967) Drogheda Parking Temporary Rules 1967 (S.I. No. 171 of 1967).

• (10.07.1967) Carrick-On-Shannon Parking Temporary Rules 1967 (S.I. No. 168 of 1967).

• (29.06.1967) Cork Parking Temporary Rules 1967 (S.I. No. 164 of 1967).

• (7.06.1967) Arklow Parking Temporary Rules 1967 (S.I. No. 148 of 1967).

• (5.12.1966) Dublin Traffic and Parking Temporary Rules 1966 (S.I. No. 257 of 1966).

• (2.08.1966) Limerick Parking Temporary Rules 1966 (S.I. No. 181 of 1966).

• (12.01.1966) Cavan Traffic and Parking Bye-Laws 1965 (S.I. No. 8 of 1966).

• (18.03.1965) Bray Traffic and Parking Bye-Laws 1965 (S.I. No. 59 of 1965).

• (28.01.1965) Athlone Parking Bye-Laws 1965 (S.I. No. 17 of 1965).

• (27.02.1964) Dublin Parking Temporary Rules 1964 (S.I. No. 30 of 1964).

• (28.09.1961) Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961).

F39 [ Bye-laws for restriction on parking specified events.

36A

36A. (1) A road authority may, in respect of a specified event or events (such as a sporting or entertainment event) at a specified venue or venues, in the interests of safety of road users and preventing traffic congestion, make bye-laws in accordance with this section for the purpose of prohibiting or restricting the parking of mechanically propelled vehicles on all public roads in specified areas or on a specified public road in its functional area.

(2) Bye-laws made under this section shall specify

( a ) the event and venue to which the bye-laws apply,

( b ) the nature and description of the event,

( c ) the public road or area to which the prohibition or restriction applies,

( d ) whether a prohibition or restriction on parking applies,

( e ) the period of the prohibition or restriction on parking, and

( f ) the mechanically propelled vehicles, or classes of such vehicles, to which an exemption from the prohibition or restriction is to apply.

(3) Where it is proposed to exempt mechanically propelled vehicles from the application of bye-laws made under this section in accordance with subsection (2)(f) , the bye-laws shall specify

( a ) the persons who may acquire the exemption,

( b ) the conditions, if any, to be applied in respect of the exemption,

( c ) the means of identification of mechanically propelled vehicles that are to be subject to the exemption,

( d ) the manner of keeping or display of the means of identification on the vehicle, and

( e) the fee, if any, payable to the road authority concerned in respect of the exemption.

(4) Where bye-laws made under this section provide for an exemption to the prohibition or restriction to be imposed, the road authority shall provide, on application, the means of identification referred to in subsection (3)(c) to a person who may acquire the exemption.

(5) Different bye-laws may be made under this section

( a ) in respect of different areas within the functional area of a road authority,

( b ) in respect of different classes of vehicles,

( c ) for different circumstances, and

( d ) in respect of different periods of time.

(6) Where a road authority makes bye-laws under this section it shall provide a regulatory traffic sign specified in regulations made under section 95(2) of the Principal Act to indicate the application of the bye-laws.

(7) The traffic sign referred to in subsection (6) shall

( a ) be provided on the road or on all roads at the entrance to an area to which the bye-laws apply, and

( b ) in advance of the operation of the bye-laws, be accompanied by an information plate indicating details regarding the date or day and period of the operation of the bye-laws.

(8) Before making bye-laws under this section, a road authority shall

( a ) consult with the Commissioner of the Garda S í och á na,

( b ) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate and, where the road authority considers the event to which the bye-laws relate is of national importance, in one or more newspapers published in and are circulating in the State

(i) indicating that it is proposed to make bye-laws under this section,

(ii) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

(iii) stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a fee, if any, not exceeding the reasonable cost of making such copies,

and

( c ) before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them under paragraph (b)(iii) .

(9) The making of bye-laws under this section and the consideration of observations or representations under subsection (8)(c) is a reserved function.

(10) As soon as may be after the making of bye-laws by a road authority under this section, notice of their making and of the place where copies of them may be purchased, obtained or inspected shall be published by the road authority in

( a ) the Iris Oifigi ú il ,

( b ) one or more newspapers circulating in the area to which the bye-laws relate, and

( c ) where the road authority considers the event to which the bye-laws relate is of national importance, one or more newspapers published in and circulating in the State.

(11) Where a mechanically propelled vehicle, not exempted under bye-laws made under this section, is parked on a public road at a time immediately in advance of the coming into operation of bye-laws made under this section applying to the road, the vehicle must be removed from that road before the commencement of the operation of the bye-laws as indicated by the traffic sign referred to in subsection (7) .

(12) ( a ) A person who contravenes a bye-law made under this section or who does not comply with subsection (11) is guilty of an offence.

( b ) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section or a failure to comply with subsection (11) , each of the following persons is guilty of an offence

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(13) Where a person charged with an offence under subsection (12) is

( a ) the registered owner of the vehicle concerned, it is a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement,

or

( b ) a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it is a defence for him or her to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(14) Any fees paid under this section shall be disposed of in such manner as the road authority concerned may by resolution determine. ]

Annotations:

Amendments:

F39

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(1), commenced on enactment.

Modifications (not altering text):

C35

Prospective affecting provision: application of requirements in bye-laws made under section restricted by Vehicle Clamping Act 2015 (13/2015), s. 33(1), to be commenced (1.10.2017) by S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

33. (1) Requirements under regulations made under section 35 or bye-laws made under section 36 or 36A of the Road Traffic Act 1994 relating to the parking of a vehicle or the entry of a vehicle to a road do not apply to a vehicle being used by a clamping operator or under the direction of a clamping operator in the course of clamping activities in respect of unlawful parking in a public place, where such use does not endanger the safety of or impede road users.

...

C36

Application of section not subjected to rule on production of driving licence to court in certain circumstances (28.10.2011) by Road Traffic Act 2002 (12/2002), s. 22, as substituted by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

Editorial Notes:

E90

Sign specified for parking restrictions under section (1.10.2012) by Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012), reg. 16 and sch. 2 pt. 2.

F40 [ Inspection of permits.

36B

36B. (1) A member of the Garda S í och á na or (other than for the purposes of paragraph (b) ) a traffic warden may request the driver or person in charge of a vehicle

( a ) parking the vehicle in a place where restrictions or prohibitions on parking apply, or

( b ) entering, driving on or otherwise using or leaving a road where restrictions or prohibitions apply to a vehicle,

under regulations or bye-laws under this Part, to allow the inspection by the member or warden of a permit exempting the vehicle and, if applicable, the driver or person, from the restriction or prohibition.

(2) Where a member or warden inspecting a permit under subsection (1) is of the opinion that

( a ) the permit is no longer in force,

( b ) the permit does not apply to the circumstances or vehicle in which it is being used,

( c ) the person using the permit is not entitled to use it, or

( d ) the permit is altered or forged,

he or she may detain it.

(3) Where a permit is detained under subsection (2) and it is subsequently shown to be valid it may be returned to the holder or suspended or revoked as the local authority or person issuing it sees fit according to the circumstances of the matter.

(4) The driver or person in charge of a mechanically propelled vehicle who

( a ) fails to keep or display a permit or other means of identification as specified in the permit or regulations made under section 35 or bye-laws made under section 36 or 36A , when the vehicle to which the permit relates is being driven, parked or otherwise being used by the person under it in respect of the exemption or permission concerned,

( b ) uses a permit other than in accordance with its terms or conditions, or

( c ) fails or refuses to allow or obstructs the inspection of a permit under this section,

is guilty of an offence.

(5) When the driver or person in charge of a mechanically propelled vehicle who contravenes subsection (4)(a) or (b) is not the registered owner of the vehicle but authorised to drive or use the vehicle by the owner and the vehicle is not the subject of a hire-drive agreement, then the registered owner is also guilty of an offence.

(6) In this section

permit means a permit issued under regulations made under section 35 or the means of identification of an exempted or permitted vehicle specified in bye-laws made under section 36 or 36A ;

traffic warden means a traffic warden within the meaning of the Local Authorities (Traffic Wardens) Act 1975 or section 103 (19) (inserted by section 11 of the Road Traffic Act 2002 ) of the Principal Act. ]

Annotations:

Amendments:

F40

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(1), commenced on enactment.

Amendment of section 95 of Principal Act.

37

37.Section 95, as amended by the Act of 1968, of the Principal Act is hereby amended—

( a) in subsection (1)—

(i) by the substitution in the definition of “ road regulation” of “ roads” for “a road”; and

(ii) by the substitution of the following for the definition of “ traffic sign”—

“‘ 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’);”,

( b) by the substitution for subsections (3) to (5) of the following subsections:

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

(b) Subject to subsection (4) of this section, a road authority may, after consultation with the Commissioner, provide for public roads in their charge such regulatory signs as they consider desirable.

(4) (a) Before providing a regulatory sign (such a sign being referred to in this section as ‘ a special category sign ’) of the same kind as a regulatory sign specified in regulations under subsection (2) of this section, a road authority shall—

(i) publish a notice in one or more newspapers circulating in the functional area of the authority—

(I) indicating that it is proposed to provide the sign,

(II) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice); and

(ii) consider any representations made pursuant to subparagraph (i) (II) of this paragraph.

(b) A decision by a road authority to provide a special category sign shall be a reserved function.

(5) (a) A road authority shall provide for public roads in their charge such regulatory signs (other than special category signs) as may be requested by the Commissioner, in the positions indicated by him 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 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.”,

(c) in subsections (10) and (11), by the substitution of “ road authority having charge of the road” for “Commissioner”, and

(d) in subsection (19), by the deletion of “ or consent of”.

Traffic calming measures.

38

38. (1) A road authority may, in the interest of the safety and convenience of road users, provide such traffic calming measures as they consider desirable in respect of public roads in their charge.

(2) A road authority may remove any traffic calming measures provided by them under this section.

(3) Before providing or removing traffic calming measures under this section of such class or classes as may be prescribed, a road authority shall—

( a) consult with the Commissioner;

( b) publish a notice in one or more newspapers circulating in the functional area of the authority—

(i) indicating that it is proposed to provide or remove the measures, and

(ii) stating that representations in relation to the proposal may be made in writing to the road authority before a specified date (which shall be not less than one month after the publication of the notice);

( c) consider any observations made by the Commissioner or any representations made pursuant to paragraph ( b) ( ii).

(4) The making of a decision to provide or remove traffic calming measures of a class prescribed under subsection (3) and the consideration of observations or representations under paragraph ( c) of that subsection shall be reserved functions.

(5) Traffic calming measures shall not be provided or removed in respect of a national road without the prior consent of the National Roads Authority.

(6) The Minister may issue general guidelines to road authorities relating to traffic calming measures under this section and may amend or cancel any such guidelines and, where any such guidelines are, for the time being, in force, road authorities shall have regard to such guidelines when performing functions under this section.

(7) A traffic calming measure provided under this section shall be deemed to be a structure forming part of the public road concerned and necessary for the safety of road users.

(8) ( a) A person who, without lawful authority, removes or damages or attempts to remove or damage a traffic calming measure provided under this section shall be guilty of an offence.

( b) An offence under this subsection may be prosecuted by the road authority in whose functional area the acts constituting the offence were done.

F41 [ (9) In this section

bus means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

provide includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate;

public bus service means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that

( a ) the service is provided on a regular and scheduled basis,

( b ) each journey is open to use by members of the public,

( c ) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

( d ) a charge or charges are paid in respect of each passenger;

traffic calming measures means measures which

( a ) enhance the provision of public bus services, including measures which restrict or control access to all or part of a public road by mechanically propelled vehicles (whether generally or of a particular class) for the purpose of enhancing public bus services, or

( b ) restrict or control the speed or movement of, or which prevent, restrict or control access to a public road or roads by, mechanically propelled vehicles (whether generally or of a particular class) and measures which facilitate the safe use of public roads by different classes of traffic (including pedestrians and cyclists),

and includes for the purposes of the above the provision of traffic signs, road markings, bollards, posts, poles, chicanes, rumble areas, raised, lowered or modified road surfaces, ramps, speed cushions, speed tables or other similar works or devices, islands or central reservations, roundabouts, modified junctions, works to reduce or modify the width of the roadway and landscaping, planting or other similar works. ]

Annotations:

Amendments:

F41

Substituted (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(1), S.I. No. 615 of 2010.

Modifications (not altering text):

C37

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A pt. 1 ref. no. 28, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function with is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal dsitrict members concerned, and

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

... ]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No.

(1)

Description of reserved function

(2)

Provision under which reserved function is conferred

(3)

...

...

...

28

The making of a decision to provide or remove prescribed traffic calming measures and the consideration of observations or representations in relation to a proposal to provide or remove such measures.

Section 38 of the Road Traffic Act 1994.

...

...

... ]

Editorial Notes:

E91

Powers of road authority extended to Dublin Transport Authority (1.01.2011) by Public Transport Regulation Act 2009 (37/2009), s. 46(3) and (4), S.I. No. 615 of 2010.

PART VII

Miscellaneous

Powers of entry.

39

39. (1) A member of the Garda Síochána may for the purpose of arresting a person under section 106 (3A) (inserted by this Act) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be and, in case the place is a dwelling, the member shall not so enter unless he or another such member has observed the person enter the dwelling concerned.

(2) A member of the Garda Síochána may for the purpose of F42 [ making a requirement of the person under section 12(2) of this Act or section 4(4) of the Road Traffic Act 2006 , or ] arresting a person under section 49 (8) or 50 (10) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be.

(3) A member of the Garda Síochána may, for the purpose of making a requirement of a person under subsection (1) of section 15 , enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him to be.

(4) A designated doctor may, for the purpose of taking from a person a specimen of his blood or being provided by a person with a specimen of his urine under subsection (1) of section 15, enter any hospital where the person is or where the doctor is informed by a member of the Garda Síochána that the person is.

Annotations:

Amendments:

F42

Inserted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 31, S.I. No. 543 of 2011, as substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(h), S.I. No. 542 of 2011.

F43

Repealed by Road Traffic Act 2010 (25/2010), s. 33(d), not commenced as of date of revision.

Modifications (not altering text):

C38

Prospective affecting provision: subss. (2)-(4) repealed by Road Traffic Act 2010 (25/2010), s. 33(d), not commenced as of date of revision.

(2) F43 [ ]

(3) F43 [ ]

(4) F43 [ ]

Amendment of Road Vehicles (Registration and Licensing) Order, 1958.

40

40.Article 6 of the Road Vehicles (Registration and Licensing) Order, 1958, is hereby amended in subarticle (4) by the substitution for “transferred to the Central Motor Tax Account” of “ paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct ”.

Detention of vehicles.

41

41. (1) The Minister may, after consultation with the Minister for Justice, make regulations authorising and providing for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle in use in a public place where—

F44 [ ( a ) the person driving the vehicle

(i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda S í och á na under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle,

(ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010, F45 [ ]

(iii) is, in the opinion of a member of the Garda S í och á na, disqualified for holding a driving licence or learner F46 [ permit, or ] ]

F47 [ (iv) is, in the opinion of a member of the Garda S í och á na, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ). ]

F48 [ ( b ) the vehicle is, or a member of the Garda S í och á na reasonably believes it to be in the State and the member is of the opinion that the vehicle is, being so used in contravention of section 56(1) of the Principal Act, ]

( c) a member of the Garda Síochána is of opinion that any excise duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of the vehicle, being a vehicle which is or which the member reasonably believes to be registered in the State, has not been paid in respect of a continuous period of F48 [ 2 months ] or more immediately prior to such F48 [ use, ]

F49 [ ( d ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of section 18(1) of the Principal Act,

( e ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), or

( f ) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda S í och á na is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Council Directive 96/96/EC of 20 December 1996 which is for the time being in force in respect of the vehicle. ]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1)

( a) authorise and provide for the recovery by such persons or classes of persons as may be specified in the regulations from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal and for the disposal of moneys received in respect of such charges,

( b) provide for the waiver or deferral of such charges in such circumstances as may be specified in the regulations,

( c) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles detained, removed or stored to such persons and upon such conditions as may be specified in the regulations,

( d) authorise and provide for the sale (or the disposal otherwise than by sale), by or on behalf of persons referred to in paragraph (a) of vehicles detained, removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal.

(3) Notwithstanding any other provisions of this section, a vehicle shall not be disposed of thereunder before the expiration of a period of F50 [ 3 weeks ] from the date of its detention or 2 weeks after notice of the intended disposal has been given in the prescribed manner, whichever is the longer.

(4) A person who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the performance of his duties under this section shall be guilty of an offence.

(5) No action shall lie in respect of anything done in good faith and without negligence in the course of the detention, removal, storage, release or disposal of a vehicle under this section.

Annotations:

Amendments:

F44

Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 60(7), S.I. No. 543 of 2011.

F45

Deleted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(a), S.I. No. 538 of 2018.

F46

Substituted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(b), S.I. No. 538 of 2018.

F47

Inserted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 4(c), S.I. No. 538 of 2018.

F48

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 19(a) and (b), S.I. No. 384 of 2006.

F49

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 19(c), S.I. No. 384 of 2006.

F50

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 90, S.I. No. 255 of 2011.

F51

Inserted by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 45, not commenced as of date of revision.

Modifications (not altering text):

C39

Prospective affecting provision: subs. (1)(e) and (f) amended by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 45, not commenced as of date of revision.

F49 [ ( d ) ...

( e ) the vehicle is, or a member of the Garda S í och á na is of the opinion that the vehicle is, being so used in contravention of Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004) F51 [ or section 6 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ] , or

( f ) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda S í och á na is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Council Directive 96/96/EC of 20 December 1996 F51 [ or Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 2 which is for the time being in force in respect of the vehicle. ]

Editorial Notes:

E92

Power pursuant to subs. (1) exercised (22.12.2018) by Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2018 (S.I. No. 537 of 2018).

E93

Power pursuant to section exercised (2.02.2016) by Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016 (S.I. No. 48 of 2016).

E94

Power pursuant to section exercised (15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 (S.I. No. 460 of 2011).

E95

Power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998).

E96

Previous affecting provision: power pursuant to section exercised (29.09.1998) by Road Traffic Act 1994 (Section 41) (Amendment) Regulations 1998 (S.I. No. 357 of 1998); revoked (15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011(S.I. No. 460 of 2011), reg. 11.

E97

Previous affecting provision: power pursuant to section exercised (19.04.1995) by Road Traffic Act 1994 (Section 41) Regulations 1995 (S.I. No. 89 of 1995); revoked(15.09.2011) by Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011(S.I. No. 460 of 2011), reg. 11.

2 OJ No. L 141, 6.6.2009, p. 12 ]

Power of road authority to provide and maintain certain equipment, etc. on public roads.

42

42. F52 [ ]

Annotations:

Amendments:

F52

Repealed (24.01.2005) by Road Transport Act 2004 (44/2004), s. 31(2), S.I. No. 26 of 2005.

Amendment of section 103 of Principal Act.

43

43.Section 103 of the Principal Act is hereby amended—

( a) by the substitution of the following paragraph for paragraph ( b) of subsection (2):

( b) that such person may, during the period of 21 days beginning on the date of the notice, make to a member of the Garda Síochána or an authorised person at a specified Garda Síochána station or at another specified place a payment of a prescribed amount accompanied by the notice,”;

( b) by the substitution of the following paragraph for paragraph ( b) of subsection (3):

( b) that a person liable to be prosecuted for the offence may, during the period of 21 days beginning on the date of the notice, make to a member of the Garda Síochána or an authorised person at a specified Garda Síochána station or at another specified place a payment of a prescribed amount accompanied by the notice,”;

( c) by the substitution of the following paragraphs for paragraphs ( a) and ( b) of subsection (4):

( a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána or an authorised person at the Garda Síochána station or other place specified in the notice the payment specified in the notice accompanied by the notice,

( b) the member or the authorised person may receive the payment, issue a receipt therefor and retain it for disposal in accordance with this Act and no payment so received shall in any circumstances be recoverable by the person who made it,”; and

( d) by the substitution of the following subsection for subsection (8) (inserted by section 64 of the Act of 1968):

(8) In this section ‘ authorised person’ means a person appointed by the Minister for Justice to be an authorised person for the purposes of this section.”.

Annotations:

Editorial Notes:

E98

Previous affecting provision: power pursuant to section exercised (29.01.1999) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 (S.I. No. 12 of 1999); revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(a). Note: there does not appear to be a power to make regulations in this section.

Amendment of section 105 of Principal Act.

44

44.Section 105 of the Principal Act is hereby amended in paragraph ( b) by the insertion after “a watch or electronic or other apparatus” of “ (including photographic apparatus)”.

Amendment of section 106 of Principal Act.

45

45.Section 106 of the Principal Act is hereby amended by the insertion after subsection (3) of the following new subsection:

“(3A) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under subsection (3) of this section where the contravention involves or, as may be appropriate, involved non-compliance with paragraph ( a) or ( b) of subsection (1) of this section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the first-mentioned person is, or as may be appropriate, was in the member’s opinion the driver of the vehicle concerned.”.

Amendment of section 107 of Principal Act.

46

46.Section 107 of the Principal Act is hereby amended by the insertion after subsection (4) of the following new subsection:

(4A) ( a) A requirement under subsection (4) of this section may be made of a person either personally or in a notice in writing served upon him by registered post.

( b) Notwithstanding the said subsection (4), where a requirement under that subsection is made of a person in a notice served upon him by registered post the person shall not be guilty of an offence unless he fails to comply with the requirement within the time (being not less than 14 days from the date on which the notice was posted) specified in the notice.”.

Amendment of section 9 of Principal Act.

47

47.Section 9 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Save as is otherwise expressly provided by this Act, all fees and other sums received under this Act or regulations thereunder by the Commissioner or any other member of the Garda Síochána or by an authorised person (within the meaning of section 103 of this Act) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.”.

Summary proceedings.

48

48. (1) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, and subject to subsection (2), summary proceedings for an offence under section 64 or 115 of the Principal Act may be instituted—

( a) at any time within 6 months from the date on which the offence was committed, or

( b) at any time within 3 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are instituted, to justify proceedings comes to such person’s knowledge,

whichever is the later.

(2) Summary proceedings mentioned in subsection (1) of this section shall not be instituted later than 3 years from the date on which the offence was committed.

(3) For the purposes of this section, a certificate signed by the person instituting the proceedings or on his behalf by a person authorised by him to sign such a certificate on his behalf stating the date on which evidence described in subsection (1)(b) of this section came to the knowledge of the first mentioned person shall, until the contrary is shown, be sufficient evidence in any proceedings under section 64 or 115 of the Principal Act of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the first mentioned person with the requirements imposed on him by or under this section.

Minor and consequential amendments.

49

49. (1) The Principal Act is hereby amended—

( a) in section 3 (1)—

(i) by the insertion in paragraph ( a) of the definition of “ hire-drive agreement” after “hire-purchase” of “ or letting”;

(ii) by the insertion after the definition of “ mobile weigh-bridge” of the following definitions:

“‘ motorway’ has the meaning assigned to it by the Roads Act, 1993;

motorway speed limit’ has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;”;

(iii) by the substitution for the definition of “ owner” of the following definition:

“‘ owner’, when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement;”;

(iv) by the substitution for the definition of “ public place” of the following definition:

“‘ public place’ means—

( a) any public road, and

( b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;

and

(v) by the substitution for the definition of “ special speed limit” of the following definition:

“‘ special speed limit’ has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;”;

( b) in section 7—

(i) by the substitution in subsection (1) for “under this Act made by the Commissioner and every rule thereunder made by him or a local authority” of “ and rule made under the Road Traffic Acts, 1961 to 1994 ”, and

(ii) by the substitution in subsection (2) for “under this Act made by the Commissioner and rules thereunder made by him or a local authority” of “ and rules made under the Road Traffic Acts, 1961 to 1994 ”;

( c) in section 28 (1)—

(i) by the insertion after “Garda Síochána” of “ or appropriate licensing authority”, and

(ii) by the insertion after “such officer” of “ or licensing authority”;

( d) in section 36 (1), by the substitution for the words in brackets of the following:

“and, in the case of an offence which would be an offence such as is specified in paragraph 1, 2, 3, 9, 10 or 12 ( b) of the Second Schedule to this Act if it were a second or any subsequent offence committed within any period of 3 years and, in the case of an offence which would be an offence such as is specified in paragraph 7 of the said Second Schedule if it were a third or any subsequent offence committed within any period of 3 years and, in the case of an offence which is specified in paragraph 8 or 11 of the Second Schedule to this Act, being an offence in respect of which the court has declined, pursuant to section 26 (5) ( b) of this Act, to make a disqualification order, shall”;

( e) in section 37 (2), by the substitution in paragraph ( b) (i) for “five years” of “ three years”;

( f) in section 53—

(i) by the substitution in subsection (2) ( a) for “five years” of “ 10 years” and for “£3,000” (as inserted by the Act of 1984) of “ £10,000”, and

(ii) by the substitution in subsection (3) for “built-up area or special” of “ built-up area, special or motorway”;

( g) in section 64, by the substitution for subsection (4) (inserted by the Act of 1968) of the following subsection:

(4) ( a) For the purposes of a prosecution for an offence under this section, a member of the Garda Síochána may, by a notice in writing served by post on a vehicle insurer, require the person within 10 days of the date of service of the notice to furnish to the member any document referred to in subsection (3) of this section which is in that person’s possession or within his procurement and is specified in the notice.

( b) A person who refuses or fails to comply with a requirement of a member of the Garda Síochána under paragraph ( a) of this subsection shall be guilty of an offence.”;

( h) in section 69 (2), by the substitution for “one month” of “ 3 months” in paragraph ( a);

( i) in section 101, by the insertion after subsection (7A) (inserted by the Act of 1968) of the following new subsections:

“(7B) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under subsection (7) of this section, each of the following persons shall be guilty of an offence—

( a) the registered owner of the vehicle,

( b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

( c) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(7C) ( a) Where a person charged with an offence under subsection (7B) (inserted by the Road Traffic Act, 1994) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

( b) Where a person charged with an offence under subsection (7B) (as so inserted) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.”;

( j) in section 101B (as inserted by the Act of 1987)—

(i) by the substitution in subsection (2) for “90 of this Act” of “ 35 or 36 of the Road Traffic Act, 1994 ”, and

(ii) by the substitution in paragraph ( b) of subsection (8) for “bye-laws or temporary rules under section 90 of this Act” of “ regulations or bye-laws under section 35 or 36 of the Road Traffic Act, 1994 ”;

( k) in sections 97 (1) ( b), 102, 103, 107, 110, 111, 115, 125 and 126, by the substitution for “this Act” of “ the Road Traffic Acts, 1961 to 1994 ”; and

( l) F53 [ ]

(2) Reference in section 3 (1) (a) (as inserted by the Act of 1987) of the Local Authorities (Traffic Wardens) Act, 1975 to the Road Traffic Acts, 1961 to 1984 and references in the Act of 1993 to the Road Traffic Acts, 1961 to 1987, shall be construed as references to the Road Traffic Acts, 1961 to 1994.

(3) The Act of 1993 is hereby amended—

(a) in section 20 (1) by the substitution for paragraph ( l) of the following paragraph:

( l) provide a specified traffic sign under and in accordance with section 95 of the Act of 1961,”, and

(b) in section 23, by the deletion of subsection (3).

Amendments:

F53

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(3)(a), S.I. No. 543 of 2011.

Annotations:

Editorial Notes:

E99

Previous affecting provision: power pursuant to section exercised (29.01.1999) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 (S.I. No. 12 of 1999); revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(a). Note: there does not appear to be a power to make regulations in this section.

Acts Referred to

County Management Acts, 1940 to 1991

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Licensing Act, 1872

1872, c. 94

Local Authorities (Traffic Wardens) Act, 1975

1975, No. 14

Local Government (Ireland) Act, 1898

1898, c. 37

Medical Practitioners Act, 1978

1978, No. 4

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Probation of Offenders Act, 1907

1907, c. 17

Roads Act, 1993

1993, No. 14

Road Traffic Act, 1961

1961, No. 24

Road Traffic Act, 1968

1968, No. 25

Road Traffic (Amendment) Act, 1978

1978, No. 19

Road Traffic (Amendment) Act, 1984

1984, No. 16