Road Traffic Act 2016

Number 21 of 2016

ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019

This Revised Act is an administrative consolidation of the Road Traffic Act 2016. 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 the Consumer Protection (Gift Vouchers) Act 2019 (38/2019), enacted 19 November 2019, and all statutory instruments up to and including the Road Traffic Act 2016 (Commencement) Order 2019 (S.I. No. 582 of 2019), made 22 November 2019, 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 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction

2. Definitions

PART 2

Register of Written-Off Vehicles

3. Definition - Part 2

4. Vehicle insurer obligations

5. Offence of failure to notify

6. Publication of information provided by vehicle insurers

PART 3

Intoxicated Driving Offences - Driving Under the Influence of Drugs

7. Amendment of section 3(1) of Act of 2010 - definitions

8. Amendment of sections 4 and 5 of Act of 2010 - offences involving certain drugs

9. Amendment of section 7(a) of Act of 2010 - power of entry

10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral fluid specimen

11. Mandatory intoxicant testing

12. Impairment testing

13. Amendment of Act of 2010 - obligation to provide specimens in relation to certain offences involving drugs

14. Amendment of section 17(1) of Act of 2010 - analysis of specimen by Bureau

15. Amendment of section 18 of Act of 2010 - provisions regarding certain evidence in prosecutions - presumption

16. Amendment of section 19(1) of Act of 2010 - written statement by member of Garda Síochána

17. Amendment of section 20 of Act of 2010 - presumptions relating to designated doctor or nurse

18. Amendment of section 21(1) of Act of 2010 - costs of prosecutions

19. Amendment of section 22 of Act of 2010 - defence to refusal to permit taking of specimen of blood

20. Amendment of section 26 of Act of 2010 - functions of Bureau

21. Amendment of section 26 of Principal Act - consequential disqualification

PART 4

Speed Limits

22. Amendment of section 9 of Road Traffic Act 2004 - special speed limits

PART 5

Amendment of Part 3 of the Road Traffic Act 2010

23. Fixed charge offences

24. Amendment of section 35 of Act of 2010 - fixed charge notice - service

25. Amendment of section 36 of Act of 2010 - fixed charge notice - form

26. Amendment of section 37 of Act of 2010 - payment of fixed charge

27. Payment of fixed charge notice on service of summons

28. Interpretation

29. Fixed charge offences - transitional provisions

PART 6

Miscellaneous Amendments - Road Traffic Acts 1961 to 2015

30. Amendment of section 78A of Principal Act - details of motor insurance policies to be provided

31. Regulation of Rickshaws

32. Amendment of section 107 of Principal Act - obligation on cyclists to give name and address etc. on demand to member of Garda Síochána

33. Amendment of section 22 of Road Traffic Act 2002

34. Amendment of First Schedule to Road Traffic Act 2002 - penalty points

35. Amendment of Part 4 of First Schedule to Road Traffic Act 2002 - penalty points

36. Amendment of Part 3 of Act of 2010 - fixed charge offences

37. Amendment of section 4 of Vehicle Clamping Act 2015

38. Amendment of section 50 of Act of 2010 - payment deposit

39. Learner Driver driving unaccompanied (Owner) (Repealed)

PART 7

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland

40. Disqualification pursuant to Agreement between State and United Kingdom

41. Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002

SCHEDULE

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland



Number 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019


An Act to amend and extend the Road Traffic Acts 1961 to 2015, to amend the Vehicle Clamping Act 2015, to give effect to the Agreement on the Mutual Recognition of Driving Disqualifications between the State and the United Kingdom done at Dublin on 30 October 2015 and to provide for related matters.

[27th December, 2016]

Be it enacted by the Oireachtas as follows: