Road Traffic Act 2016


Number 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 22 December 2018


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 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 21 of 2016


ROAD TRAFFIC ACT 2016

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 (Amendment) Act 2018 (18/2016), 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Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (19/1978) (repealed)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Road Traffic Act 1995 (7/1995) (repealed)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Road Traffic Act 2003 (37/2003) (repealed)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Road Traffic and Transport Act 2006 (28/2006), s. 1 (repealed)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

Road Traffic (Amendment) Act 2018 (18/2018)

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 (Amendment) Act 2018 (18/2018)

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 2016 (Sections 40 and 41) (Commencement) Order 2017 (S.I. No. 310 of 2017)

Road Traffic Act 2016 (Part 5 and section 36(d)) (Commencement) Order 2017 (S.I. No. 242 of 2017)

Road Traffic Act 2016 (Commencement) Order 2017 (S.I. No. 129 of 2017)

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 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 22 December 2018


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 22 December 2018


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.

[27 th December, 2016]

Be it enacted by the Oireachtas as follows: