Road Traffic Act 2002

Short title, commencement, construction and collective citation.

26

26.—(1) This Act may be cited as the Road Traffic Act, 2002.

(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 25 to different statutory provisions specified therein.

(3) The Acts and this Act shall be construed together as one Act and may be cited together as the Road Traffic Acts, 1961 to 2002.

Annotations:

Editorial Notes:

E30

Power pursuant to subs. (2) exercised (28.07.2015) by Road Traffic Act 2002 (Section 22) (Commencement) Order 2015 (S.I. No. 332 of 2015).

2. Section 22 (inserted by section 21 of the Road Traffic Act 2004 (No. 44 of 2004) as amended by section 63 of the Road Traffic Act 2010 (No. 25 of 2010)) of the Road Traffic Act 2002 (No. 12 of 2002) (in so far as it is not already in operation) comes into operation on 28th July 2015.

E31

Power pursuant to subs. (2) exercised (8.12.2014) by Road Traffic Act 2006 (Commencement) (Penalty Point - Speed Limitation Devices) Order 2014 (S.I. No. 560 of 2014).

2. The day fixed as the day on which—

(a) section 16 (2)(e) (in so far as it relates to the insertion of Part 6 into the First Schedule to the Road Traffic Act 2002 (No. 12 of 2002) of the Road Traffic Act 2006 (No. 23 of 2006), and

(b) Part 6 (inserted by the said section 16 (2)(e)) of the First Schedule to the Road Traffic Act 2002 (No. 12 of 2002),

come into operation is 8th December 2014.

E32

Power pursuant to subs. (2) exercised (17.11.2014) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Commencement) (Penalty Points - Certificate of Road Worthiness) Order 2014 (S.I. No. 508 of 2014).

2. The day fixed as the day on which section 44 (a) and (b) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012) and the matter at reference number 2A (inserted by the said section 44(b)) in Part 1 of the First Schedule to the Road Traffic Act 2002 (No. 12 of 2002) come into operation is 17th November 2014.

E33

Power pursuant to section exercised (9.01.2013 and 1.02.2013) by Road Traffic Act 2002 (Certain Provisions) (Commencement) Order 2013 (S.I. No. 12 of 2013).

2. The day fixed as the day on which—

(a) section 8 (in so far as it is not already in operation),

(b) section 20, and

(c) section 25(2) (in so far as it is not already in operation),

of the Road Traffic Act 2002 (No. 12 of 2002) come into operation is the day after the making of this order.

3. The day fixed as the day on which section 16 of the Road Traffic Act 2002 comes into operation is 1 February 2013.

E34

Power pursuant to section exercised (3.08.2012) by Road Traffic Act 2002 (Commencement of Certain Provisions) (Penalty Points) Order 2012 (S.I. No. 296 of 2012).

2. The day fixed as the day on which the following provisions of the Road Traffic Act 2002 (No. 12 of 2002) namely—

(a) the matter mentioned—

(i) at reference number 1, in columns (1) to (5), of Part 1, and

(ii) in Part 7,

of the First Schedule to that Act, and

(b) to the extent specified in relation to them—

(i) sections 8 and 22 in so far as they apply to the offences specified at the reference numbers specified in paragraph (a) committed after 3 August 2012, and

(ii) section 25(2) as respects offences specified at those reference numbers, committed after 3 August 2012, in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Road Traffic Act 1961 (No. 24 of 1961),

come into operation is 3 August 2012.

E35

Power pursuant to section exercised (28.01.2010) by Road Traffic Act 2002 (Section 9) (Commencement) Order 2010 (S.I. No. 11 of 2010).

2. The day fixed as the day on which section 9 of the Road Traffic Act 2002 (No. 12 of 2002) comes into operation is 28th January 2010.

E36

Power pursuant to section exercised (1.05.2009) by Road Traffic Act 2002 (Commencement of Certain Provisions) (Penalty Points) Order 2009 (S.I. No. 149 of 2009).

2. The day fixed as the day on which the following provisions of the Road Traffic Act 2002 (No. 12 of 2002) namely—

(a) the matter mentioned at—

(i) reference numbers 2, 3, 10 and 19 (inserted by section 16(2)(c) of the Road Traffic Act 2006 (No. 23 of 2006)) in columns (1) to (5) of Part 1, and

(ii) reference number 1 in columns (1) to (5) of Part 8 (inserted by section 16(2)(e) of that Act), of the First Schedule to that Act, and

(b) to the extent specified in relation to them—

(i) sections 8 and 22 in so far as they apply to the offences specified at the reference numbers specified in paragraph (a) committed after 1 May 2009, and

(ii) section 25(2) as respects offences specified at those reference numbers, committed after 1 May 2009, in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Road Traffic Act 1961 (No. 24 of 1961),

come into operation is 1 May 2009.

E37

Power pursuant to section exercised (1.09.2006) by Road Traffic Act 2002 (Commencement of Certain Provisions relating to Driving while Holding Mobile Phone) Order 2006 (S.I. No. 443 of 2006).

2. The day fixed as the day on which the following provisions of the Road Traffic Act 2002 (No. 12 of 2002) come into operation is 1 September 2006, that is to say:

(a) sections 8 and 22, in so far as they apply to an offence under section (3)(3) of the Road Traffic Act 2006 (No. 23 of 2006),

(b) Part 1 of the First Schedule, in so far as it relates to the offence specified at reference number 18 (inserted by section 16 (2)(c) of the Road Traffic Act 2006 ), and

(c) section 25(2), in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Road Traffic Act 1961 (No. 24 of 1961) in respect of the offence specified at that reference number.

E38

Power pursuant to section exercised (3.04.2006) by Road Traffic Act 2002 (Commencement of Certain Provisions) Order 2006 (S.I. No. 134 of 2006).

3. The day fixed as the day on which the following provisions of the Act of 2002 come into operation is 3 April 2006 to the extent specified in relation to them, namely -

(a) section 12 (in so far as it is not already in operation),

(b) sections 9, 14 and 19,

(c) sections 8 and 22, in respect of —

(i) offences under sections 48, 51A, 55, 96, 106 and 109 of the Principal Act,

(ii) the offences specified in Part 4 of the First Schedule, and

(iii) the offences specified at reference numbers 8, 11, 13, 14, 15 and 17 in Part 1 of the First Schedule, and

(d) section 25(2), in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Principal Act in respect of the offences specified —

(i) at reference numbers 8, 11, 13, 14, 15 and 17 in Part 1 of the First Schedule, and

(ii) in Part 4 of the First Schedule.

E39

Power pursuant to section exercised (4.06.2004) by Road Traffic Act 2002 (Commencement of Certain Provisions) Order 2004 (S.I. No. 248 of 2004).

3. The 4th day of June 2004 is fixed as the day on which the following provisions of the 2002 Act come into operation in respect of offences committed on or after that date:

(a) sections 8 and 22 in so far as they apply to offences under section 52 (as substituted by section 50 of the 1968 Act) of the Principal Act, and so much of Part 1 of the First Schedule as relates to the offence specified at reference number 9 of that part;

(b) section 25 (2) in so far as it applies to subsections (1) and (2) of section 36 (as amended by section 49(1)(d) of the 1994 Act) of the Principal Act in respect of the offence specified at reference number 9 in Part 1 of the First Schedule to the 2002 Act.

E40

Power pursuant to section exercised (25.08.2003) by Road Traffic Act 2002 (Commencement)(No. 2) Order 2003 (S.I. No. 321 of 2003).

3. The 25th day of August 2003 is fixed as the day on which the matter at reference numbers 15 and 16 in columns (1) to (5) of Part 2 of the First Schedule to the Act of 2002 comes into operation and on which the following provisions of that Act come into operation to the extent specified in relation to them:

(a) section 22 of the Act of 2002 in so far as it applies to the following offences under section 11 of the Principal Act:

(i) an offence committed on or after 25th August 2003 consisting of a contravention by a driver of a vehicle of article 6 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 ( S.I. No. 359 of 1991 ) (being the offence specified at the said reference number 15), and

(ii) an offence committed on or after 25th August 2003 consisting of a contravention of article 7(3) of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 (being the offence specified at the said reference number 16),

(b) section 8 of the Act of 2002 in so far as it applies to the offences specified at the said reference numbers 15 and 16 committed on or after 25th August 2003, and

(c) section 25(2) of the Act of 2002 as respects offences specified at the said reference numbers 15 and 16 committed on or after 25th August 2003, in so far as it applies to subsections (1) and (2) of section 36 of the Principal Act.

E41

Power pursuant to section exercised (1.06.2003) by Road Traffic Act 2002 (Commencement) Order 2003 (S.I. No. 214 of 2003).

3. The 1st day of June 2003 is fixed as the day on which sections 2 to 7, in so far as they are not in operation, of, and the matter at reference number 12 in columns (1) to (5) of Part I of the First Schedule to, the Act of 2002 comes into operation and the day on which the following provisions of that Act come into operation to the extent specified in relation to them:

(a) section 22 of the Act of 2002 in so far as it applies to an offence under section 56 of the Principal Act (being the offence specified at the said reference number 12) committed on or after 1 June 2003,

(b) section 8 of the Act of 2002 in so far as it applies to offences under sections 47 and 56 of the Principal Act (being the offences specified at reference numbers 7 and 12 in the said Part I) committed on or after 1 June 2003, and

(c) section 25(2) of the Act of 2002 -

(i) in so far as it applies to section 105 of the Principal Act, and

(ii) as respects the offences specified at the said reference numbers 7 and 12 committed on or after 1 June 2003, in so far as it applies to subsections (1) and (2) of section 36 of the Principal Act.

E42

Power pursuant to section exercised (1.01.2003 and 1.02.2003) by Road Traffic Act 2002 (Commencement) Order 2002 (S.I. No. 598 of 2002).

2. The 1st day of January 2003 is fixed as the day on which sections 12(2) and 18 of the Road Traffic Act 2002 ( No. 12 of 2002 ) come into operation.

3. The 1st day of February 2003 is fixed as the day on which section 15 of the Road Traffic Act 2002 comes into operation.

E43

Power pursuant to section exercised (31.10.2002) by Road Traffic Act 2002 (Commencement) Order 2002 (S.I. No. 491 of 2002).

2. (1) The 31st day of October 2002 is fixed as the day on which sections 1, 11, 21, 23, 24 and 26 of, and the matter at reference number 7 in columns (1) to (5) of Part 1 of the First Schedule to, the Act of 2002 come into operation and on which the following provisions of that Act come into operation to the extent specified in relation to them:

(a) sections 2 to 7 and 22 of the Act of 2002 in so far as they apply to an offence under section 47 of the Principal Act (being the offence specified at the said reference number 7), and

(b) section 25 (2) of the Act of 2002, as respects offences committed after the said 31st day of October 2002, in so far as it applies to section 104 of the Principal Act.