Road Traffic Act 2006


Number 23 of 2006


ROAD TRAFFIC ACT 2006

REVISED

Updated to 19 July 2018


This Revised Act is an administrative consolidation of the Road Traffic Act 2006. 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 Planning and Development (Amendment) Act 2018 (16/2018), enacted 19 July 2018, and all statutory instruments up to and including European Union (Licensing of Drivers) Regulations 2018 (S.I. No. 270 of 2018), made 19 July 2018, were considered in the preparation of this revision.

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 23 of 2006


ROAD TRAFFIC ACT 2006

REVISED

Updated to 19 July 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 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic Act 2016 (21/2016), s. 1(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Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (19/1978) (repealed)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Road Traffic Act 1995 (7/1995) (repealed)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Road Traffic Act 2003 (37/2003) (repealed)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Road Traffic and Transport Act 2006 (28/2006), s. 1 (repealed)

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)

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 1984, 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 (No. 2) Act 2014 (39/2014)

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)

Roads Act 2007 (34/2007)

Road Traffic and Transport Act 2006 (28/2006)

Road Traffic Act 2002 (12/2002)

Road Traffic Act 1994 (7/1994)

All Acts up to and including Planning and Development (Amendment) Act 2018 (16/2018), enacted 19 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Licensing of Drivers) Regulations 2018 (S.I. No. 270 of 2018)

Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017)

Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 (S.I. No. 320 of 2017)

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

Road Traffic (Licensing of Drivers) (Amendment) Regulations 2015 (S.I. No. 242 of 2015)

Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014)

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

Road Traffic (Licensing of Drivers) (Amendment) Regulations 2014 (S.I. No. 326 of 2014)

Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014)

Road Traffic Act 2006 (Restriction on Use of Mobile Phones) Regulations 2014 (S.I. No. 178 of 2014)

Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 166 of 2014)

Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2013 (S.I. No. 467 of 2013)

Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013)

Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2013 (S.I. No. 234 of 2013)

Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 (S.I. No. 43 of 2013)

Road Traffic (National Car Test) (Amendment) Regulations 2013 (S.I. No. 10 of 2013)

Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013)

Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 2012 (S.I. No. 399 of 2012)

Road Traffic (Licensing of Drivers) (Amendment) Regulations 2012 (S.I. No. 330 of 2012)

Road Traffic Act 2006 (Part Commencement Section 16(2)(e)) (Penalty Points) Order 2012 (S.I. No. 295 of 2012)

Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012 (S.I. No. 104 of 2012)

Road Traffic (National Car Test) (Amendment) Regulations 2012 (S.I. No. 103 of 2012)

Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2011 (S.I. No. 711 of 2011)

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

Road Traffic (Weight Laden of 5 AxleArticulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011)

Road Traffic (National Car Test)(Amendment) Regulations 2011 (S.I. No. 623 of 2011)

Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011)

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

Road Traffic (Driving Mirrors - Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011)

Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2011 (S.I. No. 235 of 2011)

Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 (S.I. No. 544 of 2010)

Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010)

Road Traffic (Weight Laden of 5 Axle Articulated) Regulations 2009 (S.I. No. 576 of 2009)

Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009)

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

Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008)

Road Traffic (National Car Test) (Amendment) Regulations 2008 (S.I. No. 588 of 2008)

Road Traffic (Licensing of Drivers) (Amendment) Regulations 2008 (S.I. No. 471 of 2008)

Road Traffic (Construction and Use of Vehicles)(Amendment) Regulations 2008 (S.I. No. 366 of 2008)

Road Traffic (Driving Mirrors Additional Requirements for Heavy Goods Vehicles) Regulations 2008 (S.I. No. 312 of 2008)

Road Traffic (Retreaded Tyres) Regulations 2008 (S.I. No. 118 of 2008)

Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2007 (S.I. No. 829 of 2007)

Road Traffic (Licensing of Learner Drivers) Regulations 2007 (S.I. No. 719 of 2007)

Road Traffic Act 2006 (Sections 10, 11 and 13) (Commencement) Order 2007 (S.I. No. 718 of 2007)

Road Traffic (Components and Separate Technical Units) (Two and Three Wheel Motor Vehicle) Regulations 2007 (S.I. No. 629 of 2007)

Road Traffic (Recognition of foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007)

Road Traffic (Components and Separate Technical Units) Regulations 2007 (S.I. No. 375 of 2007)

Road Traffic Act 2006 (Commencement) Order 2007 (S.I. No. 86 of 2007)

Road Traffic (Signs) Regulations 2006 (S.I. No. 637 of 2006)

Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006)

Road Traffic Act 2006 (Part Commencement Section 16(2) (c)) Order 2006 (S.I. No. 457 of 2006)

Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone While Driving) Regulations 2006 (S.I. No. 444 of 2006)

Road Traffic Act 2006 (Mobile Phones - Prescribed Numbers) Regulations 2006 (S.I. No. 385 of 2006)

Road Traffic Act 2006 (Commencement) Order 2007 (S.I. No. 384 of 2006)

All statutory instruments up to and including European Union (Licensing of Drivers) Regulations 2018 (S.I. No. 270 of 2018), made 19 July 2018, were considered in the preparation of this revision.


Number 23 of 2006


ROAD TRAFFIC ACT 2006

REVISED

Updated to 19 July 2018




Number 23 of 2006


ROAD TRAFFIC ACT 2006

REVISED

Updated to 19 July 2018


AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2005, THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003 AND TO REPEAL SECTION 16 OF THE ROAD TRANSPORT ACT 1999.

[16 th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Qualified exemption from application of collectively cited Road Traffic Acts 1961 to 2010 provided (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011.

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, 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 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.

...

C1

Application of collectively cited Road Traffic Acts 1961 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

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

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C2

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.

...

Editorial Notes:

E1

Prospective affecting provision: Court required to order persons convicted of an offence under the collectively cited Road Traffic Acts 1961 to 2010 to pay to the court the costs and expenses incurred in relation to the investigation, detection and prosecution of the offence by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.

E2

Road Traffic Act 2010 (25/2010), Part 3, confirmed to apply to such summary offences under collectively cited Road Traffic Acts 1961 to 2010 as may be declared by the Minister for Transport by regulations to be fixed charge offences (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 34(a), S.I. No. 241 of 2017.

E3

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).

E4

Obligation imposed on a person who holds a specified position with an operator to inform the operator in writing in the event that he or she is or has been convicted of an offence under collectively cited Road Traffic Acts 1961 to 2011 (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 8 and sch.

E5

Power granted to Minister for Transport, Tourism and Sport, in determining whether an operator has satisfied or continues to satisfy the requirement of good repute, to consider whether or not the operator or a person who holds a specified position with the operator has, within the previous 10 years, been convicted of an offence under collectively cited Road Traffic Acts 1961 to 2011 (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 6 and sch.

E6

Obligation imposed on persons who it is alleged have committed or have been charged with the commission of certain offences under collectively cited Road Traffic Acts 1961 to 2010 to produce his or her driving licence or learner permit to the court by Road Traffic Act 2002 (12/2002), s. 22(1), as amended (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

E7

Power granted to member of the Garda Síochána to require the production of a driving licence where he or she has reasonable grounds for believing that a mechanically propelled vehicle may have been involved in an offence under collectively cited Road Traffic Acts 1961 to 2010 (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 61, S.I. No. 543 of 2011.

E8

Power granted to member of the Garda Síochána who is of the opinion that a person in charge of a vehicle in a public place has committed or is committing an offence under collectively cited Road Traffic Acts 1961 to 2010 to require that the person provide a specimen of his or her breath by exhaling into an apparatus for indicating the presence of alcohol in the breath (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 9, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 7, S.I. No. 542 of 2011.