Road Traffic Act 2002


Number 12 of 2002


ROAD TRAFFIC ACT 2002

REVISED

Updated to 26 October 2018


This Revised Act is an administrative consolidation of the Road Traffic Act 2002. 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 Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Road Traffic (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 405 of 2018), made 4 October 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 12 of 2002


ROAD TRAFFIC ACT 2002

REVISED

Updated to 26 October 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 (Amendment) 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Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (16/1978) (repealed)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Road Traffic Act 1995 (7/1995) (repealed)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Road Traffic Act 2003 (37/2003) (repealed)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 (Amendment) Act 2018 (18/2018)

Local Authorities (Traffic Wardens) Act 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 1982, 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 (Amendment) Act 2018 (18/2018)

Road Traffic Act 2016 (21/2016)

Vehicle Clamping Act 2015 (13/2015)

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

Freedom of Information Act 2014 (30/2014)

Road Traffic Act 2014 (3/2014)

Taxi Regulation Act 2013 (37/2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012)

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

Road Traffic Act 2011 (7/2011)

Road Traffic Act 2010 (25/2010)

Dublin Transport Authority Act 2008 (15/2008)

Roads Act 2007 (34/2007)

Road Traffic Act 2006 (23/2006)

Road Traffic and Transport Act 2006 (28/2006)

Road Safety Authority Act 2006 (14/2006)

Railway Safety Act 2005 (31/2005)

Road Traffic Act 2004 (44/2004)

Road Traffic Act 2003 (37/2003)

Taxi Regulation Act 2003 (25/2003)

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

Freedom of Information Act 1997 (13/1997)

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

Road Traffic Act 1961 (24/1961)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Road Traffic Act 2002 (Section 22) (Commencement) Order 2015 (S.I. No. 332 of 2015)

Road Traffic Act 2006 (Commencement) (Penalty Point - Speed Limitation Devices) Order 2014 (S.I. No. 560 of 2014)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Commencement) (Penalty Points - Certificate of Road Worthiness) Order 2014 (S.I. No. 508 of 2014)

Road Traffic Act 2002 (Certain Provisions) (Commencement) Order 2013 (S.I. No. 12 of 2013)

Road Traffic Act 2002 (Commencement of Certain Provisions) (Penalty Points) Order 2012 (S.I. No. 296 of 2012)

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

Road Traffic Act 2002 (Section 9) (Commencement) Order 2010 (S.I. No. 11 of 2010)

Road Traffic Act 2002 (Commencement of Certain Provisions) (Penalty Points) Order 2009 (S.I. No. 149 of 2009)

Road Traffic Act 2006 (Part Commencement Section 16) (Penalty Points) Order 2009 (S.I. No. 148 of 2009)

Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006)

Road Traffic Act 2002 (Commencement of Certain Provisions) Order 2006 (S.I. No. 134 of 2006)

Road Traffic Act 2002 (Commencement of Certain Provisions relating to Driving while Holding Mobile Phone) Order 2006 (S.I. No. 443 of 2006)

Road Traffic Act 2002 (Commencement of Certain Provisions) Order 2004 (S.I. No. 248 of 2004)

Road Traffic Act 2002 (Commencement)(No. 2) Order 2003 (S.I. No. 321 of 2003)

Road Traffic Act 2002 (Commencement) Order 2003 (S.I. No. 214 of 2003)

Road Traffic Act 2002 (Commencement) Order 2002 (S.I. No. 491 of 2002)

Road Traffic Act 2002 (Commencement) Order 2002 (S.I. No. 598 of 2002)

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

All statutory instruments up to and including Road Traffic (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 405 of 2018), made 4 October 2018, were considered in the preparation of this revision.


Number 12 of 2002


ROAD TRAFFIC ACT 2002

REVISED

Updated to 26 October 2018


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Endorsement of penalty points.

3.

Disqualification by reason of penalty points.

4.

Period of endorsement of penalty points.

5.

Notification to licence holder of endorsement of penalty points.

6.

Interruption of period of endorsement of penalty points or disqualifications under section 3 .

7.

The appropriate date.

8.

Endorsement of certain convictions and disqualifications on entries.

9.

Disqualification pursuant to European Convention on Driving Disqualifications.

10.

Obligation to provide preliminary breath specimen.

11.

Fixed charge offences.

12.

Amendment of Act of 1975.

13.

Protection of environment.

14.

Performance of certain functions.

15.

Bye-laws in relation to stands for taxis.

16.

Stopping places and stands for buses.

17.

Amendment of section 56 of Principal Act.

18.

Amendment of section 40 of Principal Act.

19.

Amendment of section 18 of Act of 1968.

20.

Amendment of section 35 of Act of 1994.

21.

Evidence in relation to certain offences.

22.

Inspection of driving licences of persons charged with certain offences.

23.

Increase of certain penalties.

24.

Regulations.

25.

Repeals and amendment of sections 97(1)( b), 102, 107, 110, 111, 115, 125 and 126 of Principal Act.

26.

Short title, commencement, construction and collective citation.

FIRST SCHEDULE

Penalty Points

PART 1

Contravention of Certain Statutory Provisions

PART 1A

PART 2

Contravention of Certain Provisions of Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 2002

PART 3

Contravention of Certain Provisions of Road Traffic (Lighting of Vehicles) Regulations, 1963

PART 4

Contravention of Certain Provisions of Road Traffic (Traffic and Parking) Regulations, 1997

PART 5

Contravention of Article 6 of Road Traffic (Licensing of Drivers) Regulations 1999

PART 6

Contravention of Regulation 4 of European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005

PART 7

Contravention of Certain Provisions of European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006

PART 8

Contravention of Regulation 19 of European Communities (Vehicle Testing) Regulations 2004

PART 9

Contravention of Certain Provisions of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003)

PART 10

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

PART 11

Contravention of Regulation 3 of Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000)

PART 12

Contravention of Regulation 3 of Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000)

SECOND SCHEDULE

Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications done at Brussels on the 17th day of June, 1998


Acts Referred to

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Environmental Protection Agency Act, 1992

1992, No. 7

Finance Act, 1976

1976, No. 16

Finance Act, 1993

1993, No. 13

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Interpretation Act, 1937

1937, No. 38

Local Authorities (Traffic Wardens) Act, 1975

1975, No. 14

Local Government Act, 1941

1941, No. 23

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Road Traffic Act, 1961

1961, No. 24

Road Traffic Act, 1968

1968, No. 25

Road Traffic Act, 1994

1994, No. 23

Road Traffic Act, 1995

1995, No. 7

Road Traffic Acts, 1961 to 1994

Road Traffic Acts, 1961 to 1995

Road Traffic (Amendment) Act, 1984

1984, No. 16

Roads Act, 1920

1920, c. 72

Roads Act, 1993

1993, No. 14


Number 12 of 2002


ROAD TRAFFIC ACT 2002

REVISED

Updated to 26 October 2018


AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 to 1995. [10 th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: application of collectively cited Road Traffic Acts affected by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.

Cost of prosecutions — road traffic offences.

82.—(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 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 the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

...

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

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.

...

C6

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.

C7

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,

... ]

C8

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.

C9

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.

C10

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.

...

C11

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

Records of Medical Bureau of Road Safety performing certain functions under collectively cited Road Traffic Acts 1961 to 2014 exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).

E2

Previous affecting provision: 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; s. 27 repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87, S.I. No. 543 of 2011.

E3

Previous affecting provision: a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 was 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; 1997 Act repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).