Roads Act 1920

1920 (10 & 11 Geo. 5) c. 72

ROADS ACT 1920

REVISED

Updated to 1 February 2024

This Revised Act is an administrative consolidation of the Roads Act 1920. 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 Policing, Security and Community Safety Act 2024 (1/2024), enacted 7 February 2024, and all statutory instruments up to and including the European Union (Restrictive Measures Concerning Zimbabwe) Regulations 2024 (S.I. No. 48 of 2024), made 31 January 2024, 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.

1920 (10 & 11 Geo. 5) c. 72

ROADS ACT 1920

REVISED

Updated to 1 February 2024

CONTENTS

Section
1.	Levying by county councils of duties on mechanically-propelled vehicles and other carriages.
2.	Payment out of Consolidated Fund to local taxation accounts and Road Fund. (Repealed)

3.	Establishment of Road Fund. (Repealed)
4.	Amendment of 9 Edw. 7. c. 47.
5.	Provisions as to licences.
6.	Registration and identification marks.
7.	Amendment of 59 & 60 Vict. c. 36, 3 Edw. 7. c. 36, and 9 Edw. 7. c. 37.
8.	Amendment of s. 13 and Second Schedule of 10 & 11 Geo. 5. c. 18.
9.	Provision as to licence duty in case of manufacturers or dealers in mechanically propelled vehicles. (Repealed)
10.	Power to modify or determine charges for use of vehicles on roads.
11.	Special provisions as to hackney carriages.
12.	Regulations.
13.	Penalties.
14.	Local licensing fees to cease to be chargeable.
15.	Amendment of s. 28 of 41 & 42 Vict. c. 77. (Repealed)
16.	Amendment of 24 & 25 Vict. c. 70. s. 4.
17.	Interpretation and application to Scotland.
18.	Application to Scotland.
19.	Provisions as to default on the part of county councils in Ireland..
20.	Short title, commencement, and repeal.

SCHEDULES.

FIRST SCHEDULE.

Amendments of Development and Road Improvement Funds Act, 1909.

SECOND SCHEDULE. (Repealed)

Provisions as to Applications and Inquiries with respect to Closing of Highways.

THIRD SCHEDULE.

Enactments Repealed

1920 (10 & 11 Geo. 5) c. 72

ROADS ACT 1920

REVISED

Updated to 1 February 2024

An Act to make provision for the collection and application of the excise duties on mechanically-propelled vehicles and on carriages; to amend the Finance Act, 1920, as respects such duties; and to amend the Motor Car Acts, 1896 and 1903, and the Development and Road Improvement Funds Act, 1909; and to make other provision with respect to roads and vehicles used on roads, and for purposes connected therewith. [23rd December 1920.]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Annotations

Modifications (not altering text):

References to "county council" construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

"Licensing authority" construed (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 10(3), in effect as per art. 2.

Visitor's Driving or Provisional Licence.

10. ...

(3) (a) For the purpose of the grant of a visitor's driving licence, in any of the enactments specified in (sub-paragraph (b)) of this paragraph the term "licensing authority" shall include the Automobile Association.

(b) The enactments referred to in sub-paragraph (a) of this paragraph are —

the Roads Act, 1920, the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), the Road Traffic Act, 1961

and the orders and regulations made under the said Acts.

"Use of a vehicle" construed (19.07.1960) by Finance Act 1960, s. 21(3), commenced on enactment.

Mechanically propelled vehicles—amendment of certain Acts.

21.— ...

(3) References in the Roads Act, 1920, the Finance Act, 1922, and the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, to the use of a vehicle shall be construed as if the word “use” included keeping or leaving a vehicle stationary.

...

Editorial Notes:

Act excluded from general repeal (23.12.2009) by Statute Law Revision Act 2009 (46/2009), s. 2(2)(b), commenced on enactment.

Act retained in force (8.05.2007) by Statute Law Revision Act 2007 (28/2007), s. 2 and sch. 1 part 4, commenced on enactment.

Previous affecting provision: "licensing authority" construed (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 15(3), in effect as per art. 1(2); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1, in effect as per art. 2.

Section 1

Levying by county councils of duties on mechanically-propelled vehicles and other carriages.

10 & 11 Geo. 5. c. 18 51 & 52 Vict. c. 8.

1.—(1) The duties on licences for mechanically-propelled vehicles (in this Act referred to as “vehicles”), imposed by section thirteen of the Finance Act, 1920, as amended by this Act, and the excise duties on licences for carriages imposed by section four of the Customs and Inland Revenue Act, 1888, shall, as from the first day of January, nineteen hundred and twenty-one, be levied by county councils in accordance with provisions to be made for the purpose by Order in Council.

(2) Subject to the provisions of this Act and of any Order in Council made under this section, every county council and their officers shall, as from the said first day of January, nineteen hundred and twenty-one, have within their county for the purpose of levying the duties aforesaid (in this Act referred to as “the said duties”), the same powers, duties, and liabilities as the Commissioners of Customs and Excise and their officers have with respect to duties of excise, and to the issue and cancellation of licences on which duties of excise are imposed, and other matters under the Acts relating to duties of excise and excise licences, and all enactments relating to those duties and to punishments and penalties in connection therewith shall apply accordingly.

(3) Every county council shall, subject to the provisions of any Order in Council made under this section, have as respects the said duties and licences the powers given by the said Acts to the Treasury for the restoration of any forfeiture and the mitigation or remission of any penalty or any part thereof.

(4) The duties levied by a county council under this section shall F1[, subject to section 140 of the Finance Act, 1996,] be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this section.

(5) Provision may be made by Order in Council under this section for enabling the Minister to give such directions to county councils as he thinks necessary for securing uniformity of administration and otherwise for carrying the provisions of this Act and of any such Order into effect, and it shall be the duty of county councils to comply with any directions so given.

(6) An Order in Council made under this section may be revoked, varied, or amended, by a subsequent Order so made.

Annotations

Amendments:

Inserted (1.01.1996, deemed) by Finance Act 1996 (9/1996), s. 140(3)(a)(i), commenced as per subs. (6). Note that Finance Act 1996, s. 140 was repealed (1.07.1997) by Local Government (Financial Provisions) Act 1997 (29/1997), s. 18(b), S.I. No. 263 of 1997.

Modifications (not altering text):

References to "county council" construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

...

Editorial Notes:

Power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958), in effect as per art. 1(2).

Section 2

Payment out of Consolidated Fund to local taxation accounts and Road Fund.

2.—F2[…]

Annotations

Amendments:

Repealed (1.01.1978) by Finance Act 1978) (21/1978), s. 50(1)(a), commenced as per subs. (1)(b), subject to transitional provision in subs. (1)(b).

Editorial Notes:

Previous affecting provision: application of subs. (3) restricted (15.12.1031) by Unemployment Relief Act 1931 (46/1931), s. 1(1), commenced on enactment; repealed (26.12.2016) by Statute Law Revision Act 2016 (20/2016), s. 1 and sch., commenced on enactment.

Section 3

Establishment of Road Fund

9 Edw. 7.c. 47.

9 & 10 Geo. 5. c. 50.

3.—F3[…]

Annotations

Amendments:

Repealed (1.01.1978) by Finance Act 1978) (21/1978), s. 50(1)(a), commenced as per subs. (1)(b), subject to transitional provision in subs. (1)(b).

Editorial Notes:

Previous affecting provision: subs. (5) amended (19.07.1974) by Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order 1974 (S.I. No. 215 of 1974), art. 4 and sch. 2 part 1; section repealed (1.01.1978) as per F-note above.

Previous affecting provision: subs. (4) construed (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 41, S.I. No. 169 of 1968; section repealed (1.01.1978) as per F-note above.

Previous affecting provision: application of section restricted (7.07.1966) by Finance Act 1966 (17/1966), s. 17(10), commenced on enactment; section repealed (1.01.1978) as per F-note above.

Previous affecting provision: subs. (4) construed (1.10.1961) by Road Traffic Act 1961 (24/1961), s. 8(5), S.I. No. 173 of 1961; construction superseded (1.09.1968) as per E-note above.

E10

Previous affecting provision: subs. (4) construed (1.09.1933) by Road Traffic Act 1933 (11/1933), s. 10(6), S.R.& O. No. 127 of 1933; construction superseded (1.01.1978) as per E-note above.

E11

Previous affecting provision: power pursuant to subs. (1) exercised (7.11.1924) by Road Fund Accounts Order 1924 (S.R. & O. No. 12 of 1924); enabling section repealed (1.01.1978) as per F-note above.

Section 4

Amendment of 9 Edw. 7. c. 47.

4. Section seven, twelve and fourteen of the Development and Road Improvement Funds Act, 1909, shall cease to have effect, and the amendments specified in the second column of the First Schedule to this Act shall be made in the provisions of that Act specified in the first column of that schedule.

Section 5

Provisions as to licences.

32 & 33 Vict. c. 14.

5.—(1) Every person applying for a licence under section thirteen of the Finance Act, 1920, as amended by this Act, or under section four of the Customs and Inland Revenue Act, 1888, shall make such a declaration and furnish such particulars with respect to the vehicle or carriage for which the licence is to be taken out or otherwise as may be prescribed.

(2) Subject to the provisions of this Act as to general licences, every licence issued under section thirteen of the Finance Act, 1920, as amended by this Act, shall be issued in respect of the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use any other vehicle, and a county council shall not be required to issue any licence for which application is made unless they are satisfied that the licence applied for is the appropriate licence for the vehicle specified in the application, and, in the case of an application for a licence for a vehicle purporting to be the first application for a licence in respect of the vehicle, that a licence has not previously been issued in respect of that vehicle.

(3) Where any vehicle in respect of which any such licence as aforesaid has been issued is altered after the licence has been issued in such manner as to cause the vehicle to become a vehicle in respect of which a licence at a higher rate of duty or a licence of a different class is required, the licence shall become void, but the holder of the licence shall, on surrendering the same and furnishing the prescribed particulars, be entitled to receive a new licence in respect of the vehicle, to have effect for the period for which the surrendered licence would, if it had not been surrendered, have remained in force, on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount paid on the surrendered licence.

(4) Notwithstanding anything in the provisions of the Acts relating to Excise licenses and without prejudice to those provisions, any such licence as aforesaid may be transferred in the prescribed manner.

(5) Subject as may be prescribed, every such licence as aforesaid shall, in the prescribed manner, be fixed to and exhibited on the vehicle in respect of which it is issued.

(6) Sections twenty and twenty-one of the Revenue Act, 1869, shall, subject to such modifications and exceptions as may be prescribed, apply to the declaration to be prescribed under this section, and sections twenty-two and twenty-three of the said Act shall have effect as though references to the declaration to be so prescribed as aforesaid were therein substituted in relation to carriages for references to the declaration under that Act.

Annotations

Amendments:

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(a), not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subss. (1A)-(1C) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(a), not commenced as of date of revision.

F4[(1A) Without prejudice to the generality of subsection (1), the particulars that the Minister may prescribe under that subsection may include—

(a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number,

(b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or

(c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number.

(1B) Where particulars referred to in subsection (1A)(c) are furnished to the Minister, they may, subject to subsection (1C), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence.

(1C) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1A)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.]

Application of subs. (5) restricted (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 21(5), commenced on enactment.

Trade licences.

21.— ...

(5) Sections 5 (5) and 13 (1) of the Act of 1920, section 1 (1) of the Act of 1952 and sections 71 and 73 of the Finance Act, 1976, shall not apply to a vehicle at any time during which a trade licence is exhibited on the vehicle in accordance with this section.

...

Editorial Notes:

E12

Power pursuant to section exercised (1.07.2008) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 (S.I. No. 207 of 2008), in effect as per reg. 1(3).

E13

Power pursuant to section exercised (28.05.2004) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004), in effect as per reg. 1(3).

E14

Power pursuant to section exercised (21.10.2003) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. No. 486 of 2003), in effect as per reg. 1(3).

E15

Power pursuant to section exercised (30.11.2001) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001).

E16

Power pursuant to section exercised (1.08.1998) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1998 (S.I. No. 208 of 1998), in effect as per reg. 1(3).

E17

Power pursuant to section exercised (1.11.1997) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I. No. 405 of 1997), in effect as per reg. 1(3).

E18

Power pursuant to section exercised (1.07.1995) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 (S.I. No. 125 of 1995), in effect as per reg. 1(4).

E19

Power pursuant to section exercised (13.09.1994) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 (S.I. No. 277 of 1994).

E20

Power pursuant to section exercised (14.09.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993).

E21

Power pursuant to section exercised (10.05.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1993 (S.I. No. 126 of 1993).

E22

Power pursuant to section exercised (29.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 (S.I. No. 23 of 1993).

E23

Power pursuant to section exercised (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), in effect as per reg. 1(3).

E24

Power pursuant to section exercised (1.01.1978) by Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1977 (S.I. No. 371 of 1977), in effect as per reg. 1(4).

E25

Defence to offence under subs. (5) provided (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 20(4), commenced on enactment.

E26

Power pursuant to section exercised (6.12.2012) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012), in effect as per reg. 1(3).

E27

Power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), in effect as per reg. 1(2).

E28

Previous affecting provision: power pursuant to section exercised (1.04.2001) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2001 (S.I. No. 74 of 2001), in effect as per reg. 1(3); revoked (30.11.2001) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001), reg. 5.

E29

Previous affecting provision: power pursuant to section exercised (7.07.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1993 (S.I. No. 198 of 1993); revoked (14.09.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993), reg. 3.

E30

Previous affecting provision: power pursuant to section exercised (1.01.1992) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1991 (S.I. No. 357 of 1991), in effect as per reg. 1(c); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).

E31

Previous affecting provision: power pursuant to section exercised (30.04.1991) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1991 (S.I. No. 30 of 1991), in effect as per reg. 2; revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).

E32

Previous affecting provision: power pursuant to section exercised (5.12.1990) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990 (S.I. No. 287 of 1990); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).

E33

Previous affecting provision: power pursuant to section exercised (1.01.1988) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1987 (S.I. No. 320 of 1987), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).

E34

Previous affecting provision: power pursuant to section exercised (1.01.1987) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1986 (S.I. No. 441 of 1986), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).

E35

Previous affecting provision: power pursuant to section exercised (1.10.1985) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1985 (S.I. No. 293 of 1985), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992, reg. 1(4) and sch., in effect as per reg. 1(3).

E36

Previous affecting provision: power pursuant to section exercised (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), in effect as per reg. 1(2); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).

E37

Previous affecting provision: power pursuant to section exercised (9.12.1959) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1959 (S.I. No. 217 of 1959); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

Section 6

Registration and identification marks.

3 Edw. 7. c. 36.

F5[6.—(1) On the first application to a licensing authority for a licence in respect of a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, the authority shall not issue the licence unless and until the authority is satisfied that the vehicle has been registered in the register maintained under section 131 of the Finance Act, 1992.

(2) F6[…]]

F7[(3) In the case of a vehicle to which the European Communities (Vehicle Testing) Regulations, 1991 (S.I. No. 356 of 1991) apply, the following provisions shall apply—

(a) the licensing authority shall issue a temporary licence which shall be valid for a period of one month;

(b) the licensing authority shall not issue any further licence required by this Act, unless the vehicle owner produces to the authority, within the period of one month referred to in sub-paragraph (a), a current certificate of roadworthiness for the vehicle issued in accordance with the provisions of the European Communities (Vehicle Testing) Regulations, 1991.]

Annotations

Amendments:

Substituted (1.01.1993) by Finance Act 1992 (9/1992), s. 131(8), in effect as per subs. (8).

Deleted (30.06.2004) by Finance Act 2004 (8/2004), s. 52(1), S.I. No. 407 of 2004.

Inserted (1.01.1993) by European Communities (Vehicle Testing) (Amendment) Regulations 1992 (S.I. No. 324 of 1992), in effect as per reg. 1(3).

Modifications (not altering text):

Functions transferred and references construed (1.01.2018) by Motor Tax (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I No. 601 of 2017), arts. 2, 3 and sch. 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport, Tourism and Sport.

(2) References to the Department of Housing, Planning and Local Government contained in any Act or any instrument made under an Act and relating to the administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Transport, Tourism and Sport.

3. (1) The functions vested in the Minister for Housing, Planning and Local Government—

(a) by or under any of the Acts specified in Schedule 1, and

(b) under the instruments specified in Schedule 2,

are transferred to the Minister for Transport, Tourism and Sport.

(2) References to the Minister for Housing, Planning and Local Government contained in any Act or instrument made under an Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport, Tourism and Sport.

...

SCHEDULE 1

Art. 3(1)(a)

Acts, functions by or under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Sections 6, 12 (other than subsection (1A)) and 19 of the Roads Act 1920 (No. 72 of 1920)

...

SCHEDULE 2

Article 3(1)(b)

Instruments, functions under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958)

Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958)

Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (other than Articles 6, 7(d), 8(1), paragraphs (8), (9), (10) and (11) of Article 10, Articles 11(b), 11A, 12(3) and 16(2) and paragraphs (2) and (6) of Article 19 transferred by Part 2 of the Schedule to the Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 815 of 2007 ))

Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 (S.I. No. 409 of 1992)

"Licensing authority" construed (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 10(3), in effect as per art. 2.

Visitor's Driving or Provisional Licence.

10. ...

(b) The enactments referred to in sub-paragraph (a) of this paragraph are — the Roads Act, 1920, the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), the Road Traffic Act, 1961 and the orders and regulations made under the said Acts.

Editorial Notes:

E38

Power pursuant to section exercised (6.12.2012) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012), in effect as per reg. 1(3).

E39

Power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), in effect as per reg. 1(2).

E40

Previous affecting provision: subs. (1) amended (1.01.1992) by European Communities (Vehicle Testing) Regulations 1991 (S.I. No. 356 of 1991), reg. 20, in effect as per reg. 1(2); section substituted (1.01.1993) as per F-note above.

E41

E42

E43

E44

E45

E46

E47

Previous affecting provision: subs. (1) amended (16.06.1986) by European Communities (Vehicle Testing) (Amendment) Regulations 1986 (S.I. No. 214 of 1986), reg. 10, in effect as per reg. 3(a); revoked (1.01.1992) by European Communities (Vehicle Testing) Regulations 1991 (S.I. No. 356 of 1991), reg. 2, in effect as per reg. 1(2).

E48

E49

Previous affecting provision: subs. (2) deleted (17.07.1982) by Finance Act 1982 (14/1982), s. 72(2), commenced on enactment; section substituted (1.01.1993) as per F-note above.

E50

Previous affecting provision: power pursuant to section exercised (23.06.1977) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1977 (S.I. No. 185 of 1977), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E51

Previous affecting provision: power pursuant to section exercised (1.05.1977) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1977 (S.I. No. 122 of 1977), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E52

Previous affecting provision: power pursuant to section exercised (1.03.1976) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1976 (S.I. No. 38 of 1976), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E53

Previous affecting provision: power pursuant to section exercised (1.01.1975) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1974 (S.I. No. 340 of 1974), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E54

E55

Previous affecting provision: power pursuant to section exercised (9.12.1955) by Road Vehicles (Additional Index Marks) (No. 2) Order 1955 (S.I. No. 249 of 1955); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E56

Previous affecting provision: power pursuant to section exercised (9.08.1955) by Road Vehicles (Additional Index Marks) Order 1955 (S.I. No. 154 of 1955); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E57

Previous affecting provision: section applied with modifications (8.10.1931) by Motor Car (International Circulation) Order 1931 (S.I. No. 67 of 1931); section substituted (1.01.1993) as per F-note above.

Section 7

Amendment of 59 & 60 Vict. c. 36, 3 Edw. 7. c. 36, and 9 Edw. 7. c. 37.

7.—(1) F8[…]

(2) F8[…]

(3) F8[…]

(4) F9[…]

(5) F8[…]

(6) F8[…]

(7) All sums received by a county council by way of fees for licences granted under section three of the Motor Car Act, 1903, and all penalties recovered in respect of offences under the Motor Car Acts, 1896 and 1903, shall be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this Act.

(8) The Motor Car (International Circulation) Act, 1909, shall have effect as though the references therein to the Motor Car Act, 1903, included references to this Act.

Annotations

Amendments:

Repealed (2.07.1934) by Road Traffic Act 1933 (11/1933), s. 13(1) and sch., S.I. No. 108 of 1934.

Repealed (1.09.1933) by Road Traffic Act 1933 (11/1933), s. 13(1) and sch., S.I. No. 94 of 1934.

Section 8

Amendment of s. 13 and Second Schedule of 10 & 11 Geo. 5. c. 18.

8.—(1) For the purpose of section thirteen of the Finance Act, 1920, and the Second Schedule to that Act, the expression “vehicle” shall not include any vehicle used on tram lines except a tramcar used for the conveyance of passengers.

(2) For the purposes of paragraph 5 of the Second Schedule the Finance Act, 1920, a vehicle shall not be deemed to be used otherwise than solely for the conveyance of goods in the course of trade by reason only that it is used for the conveyance in the course of their employment of persons who are in the employment of the person keeping the vehicle.

(3) Where a licence has been taken out as for a vehicle to be used solely for a certain purpose and the vehicle is at any time during the period for which the licence is in force used for some other purpose, the person so using the vehicle shall, if the rate of duty chargeable in respect of a licence for a vehicle used for that other purpose is higher than the rate chargeable in respect of the licence held by him, be liable to an excise penalty of an amount equal to three times the difference between the duty actually paid on the licence and the duty payable on a licence appropriate to a vehicle used for that other purpose or twenty pounds, whichever amount is the greater.

(4) Where a hackney carriage is a vehicle of the class mentioned in paragraph 1 or paragraph 2 of the Second Schedule to the Finance Act, 1920, it shall be charged with duty under paragraph 1 or paragraph 2, as the case may be, and not under paragraph 3 of that schedule.

(5) The expression “weight unladen” in the Second Schedule to the Finance Act, 1920, shall have the same meaning as in the Motor Car Acts, 1896 and 1903, as amended by this Act.

Section 9

Provision as to licence duty in case of manufacturers or dealers in mechanically propelled vehicles

9.—F10[…]

Annotations

Amendments:

F10

Repealed (1.01.1993) by Finance (No. 2) Act 1992 (28/1992), s. 23, commenced as per s. 23.

Editorial Notes:

E58

Previous affecting provision: subs. (1) amended (19.07.1960) by Finance Act 1960 (19/1960), s. 21(2)(a), commenced on enactment.

E59

Previous affecting provision: provision for surrender of general licence made by Finance (Excise Duties) (Vehicles) Act 1952 (24/1952), s. 1(11A), as inserted (29.07.1958) by Finance Act 1958 (25/1958), s. 20(2), commenced on enactment; section repealed (1.01.1993) as per F-note above.

E60

Previous affecting provision: power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), in effect as per reg. 1(2); enabling provision repealed (1.01.1993) as per F-note above.

E61

Previous affecting provision: application of section extended to repairers of mechanically-propelled vehicles (1.01.1923) by Finance Act 1922 (), s. 15(1), commenced as per subs. (3).

Section 10

Power to modify or determine charges for use of vehicles on roads.

10. Where any persons are, whether by virtue of any Act or otherwise, liable to pay any sums, by way of mileage charges or other annual payments, in respect of the use of any road by their vehicles, the Minister may, on an application by those persons in that behalf, and after considering any objections made by any person interested, suspend, modify or determine the liability to make the payment, as he shall think fit.

Section 11

Special provisions as to hackney carriages.

11.—(1) There shall, subject to the prescribed exceptions, be exhibited on every vehicle which is chargeable with duty as a hackney carriage, in conjunction with the mark required under this Act to be fixed on the vehicle indicating the registered number of the vehicle, a distinctive sign indicating that the vehicle is a hackney carriage and the number of persons which the vehicle seats, and regulations made by the Minister under this Act shall provide for the sign to be so exhibited.

The penalties imposed by this Act in relation to the identification mark to be fixed to a vehicle shall apply to the sign to be exhibited under this provision as they apply to the identification mark so to be fixed.

(2) Where a licence has been taken out in respect of any vehicle at the rate of duty appropriate to a hackney carriage seating not more than a certain number of persons, the person keeping the vehicle shall, if it is used on any occasion for the purpose of seating more persons than the number aforesaid, be liable to an excise penalty of an amount equal to three times the difference between the duty actually paid on the licence and the duty payable on a licence for a vehicle being a hackney carriage seating that greater number of persons.

(3) Where not less than twelve vehicles of a similar type, being hackney carriages, and belonging to one owner, are registered with a county council, and the council is satisfied that one of those vehicles (hereinafter referred to as “the old vehicle”) has been destroyed or withdrawn permanently from use as a hackney carriage, the council shall, on issuing to that owner a licence in respect of another hackney carriage to be used for the same purpose as the old vehicle allow a rebate from the duty payable on that licence at the rate of one-quarter of the duty paid in respect of the licence for the old vehicle for every complete three months between the date when the old vehicle was destroyed or withdrawn, and the expiration of the licence for that vehicle, and, where any such rebate is so allowed, the licence for the old vehicle shall be forthwith cancelled.

Section 12

Regulations.

12.—(1) F11[Other than as provided for by subsection (1A), the Minister may make regulations] generally for the purpose of carrying this Act into effect, and in particular, without prejudice to the generality of the foregoing provision, may make regulations—

(a) F12[…]

(b) requiring county councils to make the prescribed returns with respect to vehicles registered with them, and for making any particulars contained in the register available for use by the prescribed persons; and

(c) prescribing F13[in relation to vehicles in respect of which a licence under the Finance (Excise Duties) (Vehicles) Act, 1952, was first taken out before the 1st day of January, 1993,] the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be displayed and rendered easily distinguishable, whether by night or by day; and

(d) F14[…]

F11[(e) providing for the issue of new licences in place of any licences which may have been lost or destroyed, and (having regard to all the costs involved in so providing) for the fee to be paid on the issue of a new licence; and]

(f) prescribing the form of, and the particulars to be included in, the register with respect to vehicles for which a general licence has been taken out by a manufacturer or dealer, and the identification marks to be carried by any such vehicle, and defining the purposes for which the holder of a general licence may use a vehicle on a road; and

(g) F12[…]

(h) prescribing any matter which is to be prescribed under this Act.

F15[(1A) For the purposes of registration certificates, the Minister for Transport may make regulations—

(a) requiring any person—

(i) buying or selling, or otherwise acquiring or disposing of, a vehicle,

(ii) altering or destroying a vehicle, or

(iii) permanently removing a vehicle from the State or, having otherwise removed it from the State, who intends not to have it normally kept within the State,

to furnish the prescribed particulars in the prescribed manner,

(b) providing for—

(i) the issue of a registration certificate in respect of any vehicle,

(ii) where a registration certificate has been lost or destroyed, the issue of a replacement and (having regard to all the costs involved in so providing) the fee to be paid on the issue of a new registration certificate,

(iii) the inspection by prescribed persons of any registration certificate so issued,

(iv) the surrender and production of any registration certificate so issued.]

F11[(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within 21 days of the day on which that House has sat after the regulation is laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.]

(3) County councils shall comply with any regulations so made F14[…] under this Act.

(4) If any person acts in contravention of, or fails to comply with, any regulations made under this Act, he shall, for each offence, be liable on summary conviction to a penalty not exceeding F16[£1,000].

Annotations

Amendments:

F11

Substituted (1.01.2008) by Local Government (Roads Functions) Act 2007 (38/2007), s. 2(1)(a)(i), (iii), (c), S.I No. 793 of 2007.

F12

Deleted (17.06.1993) by Finance Act 1993 (13/1993), s. 64(1)(a), commenced on enactment, subject to continuation in force of in-force regulations made under subs. (1)(a), (g), as provided in subs. (2).

F13

Inserted (17.06.1993) by Finance Act 1993 (13/1993), s. 64(1)(b), commenced on enactment.

F14

Deleted (1.01.2008) by Local Government (Roads Functions) Act 2007 (38/2007), s. 2(1)(a)(ii), (d), S.I No. 793 of 2007.

F15

Inserted (1.01.2008) by Local Government (Roads Functions) Act 2007 (38/2007), s. 2(1)(b), S.I No. 793 of 2007. Note that in-force statutory instruments, which could have been made under subs. (1A), are continued in force by subs. (3).

F16

Substituted (17.06.1993) by Finance Act 1993 (13/1993), s. 63 and table ref. no. 1, commenced on enactment. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 2, S.I. No. 662 of 2010.

F17

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(b), not commenced as of date of revision.

Modifications (not altering text):

Prospective affecting provision: subss. (1B)-(1D) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(b), not commenced as of date of revision.

F17[(1B) Without prejudice to the generality of subsection (1A), the particulars that the Minister may prescribe under that subsection may include—

(a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number,

(c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number.

(1C) Where particulars referred to in subsection (1B)(c) are furnished to the Minister, they may, subject to subsection (1D), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence.

(1D) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1B)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.]

C10

3. (1) The functions vested in the Minister for Housing, Planning and Local Government—

(a) by or under any of the Acts specified in Schedule 1, and

(b) under the instruments specified in Schedule 2,

are transferred to the Minister for Transport, Tourism and Sport.

...

SCHEDULE 1

Art. 3(1)(a)

Acts, functions by or under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Sections 6, 12 (other than subsection (1A)) and 19 of the Roads Act 1920 (No. 72 of 1920)

...

SCHEDULE 2

Article 3(1)(b)

Instruments, functions under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958)

Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958)

Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 (S.I. No. 409 of 1992)

C11

Application of subs. (4) restricted (18.08.1976) by Finance Act 1976 (16/1976), s. 73(2), S.I. No. 185 of 1976.

Licences to be fixed to and exhibited on vehicles.

F12[73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.

(2) A person shall not be convicted under this section and under section 12 (4) of the Act of 1920 in respect of the same omission.]

C12

Application of section extended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 17(1), S.I. No. 169 of 1968.

Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.

17.—(1) The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—

(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of a mechanically propelled vehicle to produce in prescribed cases such certificate under this Part as may be prescribed and any other prescribed document for the purposes of this Part,

(b) power to make regulations providing for the insertion in prescribed cases by the licensing authority of prescribed particulars on certificates and documents mentioned in paragraph (a).

...

C13

Application of section extended (1.10.1961) by Road Traffic Act 1961) (24/1961), s. 123, S.I. No. 173 of 1961).

Extended power of making regulations in relation to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.

123.—The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—

(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of a mechanically propelled vehicle—

(i) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which Part VI of this Act applies,

(ii) where it is such a vehicle, to produce evidence or specified evidence showing either that he is [a vehicle insurer or an exempted person within the meaning of Part VI of this Act] or that, when the licence comes into operation, there will be in force an approved policy of insurance or an approved guarantee covering the use of the vehicle by him or by other persons with his consent,

(b) […]

C14

Application of section extended (4.08.1932) by Finance Act 1932 (20/1932), s. 30(4), commenced on enactment.

Reduction of duties on certain mechanically propelled vehicles.

30.— ...

(4) The purposes for which regulations may be made under section 12 of the Roads Act, 1920, shall extend to and include the following purposes, that is to say:—

(a) prescribing the method of calculating for the purposes of this section and the Fourth Schedule to this Act the seating capacity of all or any of the classes of mechanically propelled vehicles mentioned in the said Fourth Schedule, and

(b) making provision for the repayment of any duty liable under this section to be repaid, and

(c) making provision for all or any matters arising by reason of the fact that the alterations effected by this section in the rates of duty take effect during the currency of a licensing year.

C15

Application of section extended (1.08.1929) by Finance Act 1929 (32/1929), s. 25(4), commenced on enactment.

Increase of duties on certain mechanically propelled vehicles.

25.— ...

(4) The purposes for which regulations may be made under section 12 of the Roads Act, 1920, shall extend to and include the following purposes, that is to say:—

(a) prescribing the method of calculating for the purposes of this section and the Fifth Schedule to this Act the seating capacity of all or any of the classes of mechanically propelled vehicles mentioned in the said Fifth Schedule, and

(b) making provision for all or any matters arising by reason of the fact that the alterations effected by this section in the rates of duty take effect during the currency of a licensing year.

Editorial Notes:

E62

Power pursuant to section exercised (11.11.2014) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. No. 509 of 2014), in effect as per reg. 1(3).

E63

Power pursuant to section exercised (21.10.2003) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. No. 486 of 2003), in effect as per reg. 1(3).

E64

Power pursuant to section exercised (6.12.2012) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012), in effect as per reg. 1(3).

E65

Power pursuant to section exercised (6.12.2012) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012), in effect as per reg. 1(3).

E66

Power pursuant to section exercised (1.07.2008) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 (S.I. No. 207 of 2008), in effect as per reg. 1(3).

E67

Power pursuant to section exercised (14.05.2008) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2008 (S.I. No. 150 of 2008), in effect as per reg. 1(3).

E68

Power pursuant to section exercised (28.05.2004) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004), in effect as per reg. 1(3).

E69

Power pursuant to section exercised (30.11.2001) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001).

E70

Power pursuant to section exercised (1.08.1998) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1998 (S.I. No. 208 of 1998), in effect as per reg. 1(3).

E71

Power pursuant to section exercised (1.11.1997) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I. No. 405 of 1997), in effect as per reg. 1(3).

E72

Power pursuant to section exercised (1.07.1995) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 (S.I. No. 125 of 1995), in effect as per reg. 1(4).

E73

Power pursuant to section exercised (13.09.1994) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 (S.I. No. 277 of 1994).

E74

Power pursuant to section exercised (14.09.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993).

E75

Power pursuant to section exercised (10.05.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1993 (S.I. No. 126 of 1993).

E76

Power pursuant to section exercised (29.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 (S.I. No. 23 of 1993).

E77

Power pursuant to section exercised (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), in effect as per reg. 1(3).

E78

Power pursuant to section exercised (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), in effect as per reg. 2.

E79

Power pursuant to section exercised (20.12.1986) by Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1986 (S.I. No. 445 of 1986).

E80

Power pursuant to section exercised (19.01.1986) by Road Vehicles (Index Marks) (Amendment) Regulations 1986 (S.I. No. 6 of 1986).

E81

Power pursuant to section exercised (23.02.1982) by Road Vehicles (Index Marks) (Amendment) Regulations 1982 (S.I. No. 28 of 1982).

E82

Power pursuant to section exercised (26.06.1981) by Road Vehicles (Index Marks) (Amendment) Regulations 1981 (S.I. No. 231 of 1981).

E83

Power pursuant to section exercised (1.04.1981) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1981 (S.I. No. 103 of 1981), in effect as per reg. 1(2).

E84

Power pursuant to section exercised (1.08.1980) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1980 (S.I. No. 226 of 1980), in effect as per reg. 1(2).

E85

In-force regulations made under subs. (1)(d) continued in force and deemed also to have been made under Finance Act 1976, Part II as provided (18.08.1976) by Finance Act 1976 (16/1976), s. 67(4), S.I. No. 185 of 1976.

E86

Power pursuant to section exercised (11.05.1970) by Road Vehicles (Index Marks) (Amendment) Regulations 1970 (S.I. No. 101 of 1970).

E87

Power pursuant to section exercised (4.06.1968) by Road Vehicles (Index Marks) (Amendment) Regulations 1968 (S.I. No. 121 of 1968).

E88

Power pursuant to section exercised (18.05.1967) by Road Vehicles (Index Marks) (Amendment) Regulations 1967 (S.I. No. 128 of 1967).

E89

Power pursuant to section exercised (15.02.1965) by Road Vehicles (Index Marks) (Amendment) Regulations 1965 (S.I. No. 30 of 1965).

E90

Power pursuant to section exercised (14.01.1964) by Road Vehicles (Index Marks) (Amendment) Regulations 1964 (S.I. No. 8 of 1964).

E91

Power pursuant to section exercised (26.04.1963) by Road Vehicles (Index Marks) (Amendment) Regulations 1963 (S.I. No. 69 of 1963).

E92

Power pursuant to section exercised (8.12.1961) by Road Vehicles (Index Marks) (Amendment) Regulations 1961 (S.I. No. 283 of 1961).

E93

Power pursuant to section exercised (30.11.1960) by Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1960 (S.I. No. 244 of 1960).

E94

Power pursuant to section exercised (4.03.1960) by Road Vehicles (Index Marks) (Amendment) Regulations 1960 (S.I. No. 46 of 1960), in effect as per reg. 1(3).

E95

Power pursuant to section exercised (8.08.1959) by Road Vehicles (Index Marks) (Amendment) (No. 3) Regulations 1959 (S.I. No. 136 of 1959), in effect as per reg. 1(3).

E96

Power pursuant to section exercised (20.06.1959) by Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1959 (S.I. No. 107 of 1959), in effect as per reg. 1(3).

E97

Power pursuant to section exercised (21.01.1959) by Road Vehicles (Index Marks) (Amendment) Regulations 1959 (S.I. No. 8 of 1959), in effect as per reg. 1(3).

E98

Power pursuant to section exercised (5.12.1958) by Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1958 (S.I. No. 248 of 1958), in effect as per reg. 1(3).

E99

Power pursuant to section exercised (1.10.1958) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1958 (S.I. No. 198 of 1958), in effect as per reg. 1(3).

E100

Power pursuant to section exercised (6.06.1958) by Road Vehicles (Index Marks) (Amendment) Regulations 1958 (S.I. No. 132 of 1958), in effect as per reg. 1(1).

E101

Power pursuant to section exercised (1.02.1958) by Road Vehicles (Index Marks) Regulations 1958 (S.I. No. 14 of 1958), in effect as per reg. 1(1).

E102

Power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), in effect as per reg. 1(2).

E103

Power pursuant to section exercised (22.12.1953) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 411 of 1953).

E104

Power pursuant to section exercised (1.01.1953) by Road Vehicles (Seating Capacity) Regulations, 1932 (Revocation) Order 1952 (S.I. No. 356 of 1952).

E105

Power pursuant to section exercised (5.05.1937) by Road Vehicles (International Circulation) (Amendment) Regulations 1937 (S.I. No. 98 of 1937).

E106

Power pursuant to section exercised (25.11.1929) by Roads Vehicles (Seating Capacity) Regulations 1929 (S.I. No. 56 of 1929).

E107

E108

E109

E110

E111

E112

E113

E114

E115

E116

Previous affecting provision: subs. (4) amended (17.07.1982) by Finance Act 1982 (14/1982), s. 72(1), commenced on enactment; amendment substituted (17.06.1993) as per F-note above.

E117

E118

E119

Previous affecting provision: power pursuant to section exercised (1.09.1976) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1976 (S.I. No. 186 of 1976), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E120

Previous affecting provision: subss. (1)(e), (4) amended (18.08.1976) by Finance Act 1976) (16/1976), s. 77(1), S.I. No. 185 of 1976; para. (e) substituted (1.08.2008) as per F-note above, amendment of subs. (4) substituted (17.07.1982) as per E-note above.

E121

E122

E123

Previous affecting provision: power pursuant to section exercised (1.12.1969) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1968 (S.I. No. 205 of 1969), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E124

Previous affecting provision: power pursuant to section exercised (1.07.1968) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1968 (S.I. No. 147 of 1968), in effect as per reg. 1(3); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E125

Previous affecting provision: power pursuant to section exercised (1.05.1962) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1962 (S.I. No. 13 of 1962), in effect as per reg. 1(2); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E126

Previous affecting provision: power pursuant to section exercised (1.05.1962) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1962 (S.I. No. 12 of 1962), in effect as per reg. 1(2); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), reg. 3 and sch. 1, in effect as per reg. 2.

E127

Previous affecting provision: power pursuant to section exercised (1.01.1962) by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), in effect as per reg. 1(2); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), reg. 3 and sch. 1, in effect as per reg. 2.

E128

Previous affecting provision: power pursuant to section exercised (8.09.1960) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1960 (S.I. No. 196 of 1960); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E129

Previous affecting provision: power pursuant to section exercised (21.04.1960) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1960 (S.I. No. 84 of 1960); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).

E130

E131

Previous affecting provision: power pursuant to section exercised (1.08.1957) by Road Vehicles (Additional Index Marks) Regulations 1957 (S.I. No. 165 of 1957); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E132

Previous affecting provision: power pursuant to section exercised (23.10.1956) by Road Vehicles (Additional Index Marks) (No. 2) Regulations 1956 (S.I. No. 265 of 1956); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E133

Previous affecting provision: power pursuant to section exercised (27.09.1956) by Road Vehicles (Additional Index Marks) Regulations 1956 (S.I. No. 254 of 1956); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E134

E135

E136

Previous affecting provision: power pursuant to section exercised (16.08.1954) by Road Vehicles (Additional Index Marks) (No. 2) Order 1954 (S.I. No. 178 of 1954); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E137

Previous affecting provision: power pursuant to section exercised (7.05.1954) by Road Vehicles (Additional Index Marks) Order 1954 (S.I. No. 95 of 1954); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E138

Previous affecting provision: power pursuant to section exercised (27.05.1953) by Road Vehicles (Additional Index Mark) Order 1953 (S.I. No. 171 of 1953); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E139

Previous affecting provision: power pursuant to section exercised (15.12.1952) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1952 (S.I. No. 358 of 1952); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E140

Previous affecting provision: power pursuant to section exercised (20.12.1951) by Road Vehicles (Additional Index Mark) (No. 2) Order 1951 (S.I. No. 370 of 1951); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E141

Previous affecting provision: power pursuant to section exercised (2.08.1951) by Road Vehicles (Additional Index Mark) Order 1951 (S.I. No. 229 of 1951); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E142

Previous affecting provision: power pursuant to section exercised (10.05.1950) by Road Vehicles (Additional Index Mark) Order 1950 (S.I. No. 121 of 1950); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E143

Previous affecting provision: power pursuant to section exercised (18.02.1949) by Road Vehicles (Additional Index Mark) Order 1949 (S.I. No. 42 of 1949); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E144

Previous affecting provision: power pursuant to section exercised (18.08.1948) by Road Vehicles (Additional Index Mark) Order 1948 (S.I. No. 282 of 1948); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E145

Previous affecting provision: power pursuant to section exercised (6.07.1938) by Road Vehicles (International Circulation) (Amendment) Regulations 1938 (S.R.& O. No. 190 of 1938); rendered obsolete by revocation of Road Vehicles (International Circulation) Regulations 1934 (S.R.& O. 119 of 1934) (1.01.1962) by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), reg. 1(3), in effect as per reg. 1(2).

E146

Previous affecting provision: power pursuant to section exercised (30.03.1938) by Road Vehicles (Registration and Licensing) Regulations 1938 (S.R.& O. No. 64 of 1938); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch., in effect as per reg. 1(2).

E147

Previous affecting provision: power pursuant to section exercised (27.05.1934) by Road Vehicles (International Circulation) Regulations 1934 (S.R.& O. 119 of 1934), in effect as per reg. 2; revoked (1.01.1962) by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), reg. 1(3), in effect as per reg. 1(2).

E148

Previous affecting provision: power pursuant to section exercised (30.04.1934) by Road Traffic (Third Party Risks) Regulations 1934 (S.R.& O. No. 81 of 1934); revoked (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 11, in effect as per reg. 3.

E149

Previous affecting provision: application of section extended (1.02.1934) by Road Traffic Act 1933 (11/1933), s. 67, S.R.& O. No. 132 of 1933; Act repealed (26.12.2016) by Statute Law Revision Act 2016 (20/2016), s. 1 and sch., commenced on enactment.

E150

Previous affecting provision: power pursuant to section exercised (10.11.1933) by Road Traffic (Third Party Risks) Regulations 1933 (S.R.& O. No. 130 of 1933); revoked (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 11, in effect as per reg. 3.

E151

Previous affecting provision: in-force orders prohibiting or restricting the driving of vehicles of any specified class on any specified road in any particular area deemed for all purposes (including offences and penalties) to have been made under section as provided (1.09.1933) by Road Traffic Act 1933 (11/1933), s. 159(4), S.R.& O. No. 94 of 1933; Road Traffic Act 1933 repealed (26.12.2016) by Statute Law Revision Act 2016 (20/2016), s. 1 and sch., commenced on enactment.

E152

Previous affecting provision: application of regulations made under section restricted (15.06.1932) by Eucharistic Congress (Miscellaneous Provisions) Act 1932 (7/1932), s. 4(2), commenced on enactment; Act repealed (26.12.2016) by Statute Law Revision Act 2016 (20/2016), s. 1 and sch., commenced on enactment.

E153

Previous affecting provision: power pursuant to section exercised (26.10.1932) by Roads Vehicles (Seating Capacity) Regulations 1932 (S.R.& O. No. 98 of 1932); revoked (1.01.1953) by Road Vehicles (Seating Capacity) Regulations, 1932 (Revocation) Order 1952 (S.I. No. 356 of 1952), art. 2.

E154

Previous affecting provision: power pursuant to section exercised (1.06.1932) by Road Vehicles (International Circulation) Regulations 1932 (S.R.& O. No. 50 of 1932); revoked (27.05.1934) by Road Vehicles (International Circulation) Regulations 1934 (S.R.& O. No. 119 of 1934), reg. 4, in effect as per reg. 2.

E155

Previous affecting provision: power pursuant to section exercised (30.04.1925) by Road Vehicles (International Circulation) (Incoming Vehicles) Regulations 1925; revoked (1.06.1932) by Road Vehicles (International Circulation) Regulations 1932 (S.R.& O. No. 50 of 1932, recital).

E156

Previous affecting provision: power pursuant to section exercised (29.08.1924) by Road Vehicles (Motor Tax Account) Order 1924 (O.S. 1 of 1924); revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958), art. 9, in effect as per art. 1(2).

E157

Previous affecting provision: power pursuant to section exercised (12.12.1923) by Road Vehicles (Trade Licences) Regulations 1923; revoked (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), reg. 1(4) and sch. 1, in effect as per reg. 1(2).

E158

Previous affecting provision: application of subs. (1)(f) extended (1.01.1923) by Finance Act 1922 (12 & 13 Geo. 5 c. 17), s. 15(2), commenced as per subs. (3); repealed (1.01.1993) by Finance (No. 2) Act 1992 (28/1992), s. 23, commenced as per s. 23.

Section 13

Penalties.

13.—(1) If any person uses any vehicle for which a licence under the Finance Act, 1920, as amended by this Act, is not in force, or being the holder of a general licence or general licences issued under this Act uses at any one time a greater number of vehicles than he is authorised to use by virtue of that licence or those licences, he shall be liable to F18[an excise penalty not exceeding £1,000], or an excise penalty equal to three times the amount of the duty payable in respect of the vehicle or vehicles, whichever is the greater.

Proceedings for a penalty under this subsection may be brought at any time within a period of twelve months from the date on which the offence was committed.

(2) If any person in connection with an application for a licence for a vehicle or a carriage makes a declaration which to his knowledge is false or in any material respect misleading, or if any person being required by virtue of this Act to furnish particulars in connection with a change of the registration of any vehicle furnishes any particulars which to his knowledge are false or in any material respect misleading, he shall be liable on summary conviction to F18[a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months].

(3) If in any proceedings under this section any question arises as to the number of vehicles used or as to the character, weight or horse-power of any vehicle or as to the number of persons seated by a vehicle, or as to the purpose for which any vehicle has been used, the burden of proof in respect of the matter in question shall lie on the defendant.

(4) If any person forges or fraudulently alters or uses or fraudulently lends or allows to be used by any other person any mark for identifying a vehicle or any licence or registration book under this Act, he shall be liable on summary conviction to F18[a fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months].

(5) All penalties and forfeitures recovered under or in pursuance of this Act, whether by a county council or by any other person, shall be paid into the Exchequer in such manner and in accordance with such directions as may be contained in any Order in Council made under this Act.

Annotations

Amendments:

F18

Substituted (17.06.1993) by Finance Act 1993 (13/1993), s. 63 and table ref nos. 2-4, commenced on enactment. A fine of £1,000 converted (1.01.1999) to €1,269.74. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 2, S.I. No. 662 of 2010.

Modifications (not altering text):

C16

Prospective affecting provision: additional penalty for offence under subs. (1) provided by Finance Act 1976 (16/1976), s. 72, not commenced as per s. 64(3) as of date of revision.

Additional liability for using vehicle on which vehicle excise duty is unpaid.

72.—Where a person convicted of an offence under section 71 of this Act or section 13 (1) of the Act of 1920 is, at the time of the offence, as regards the vehicle in respect of which the offence was committed, the relevant person, the court shall, in addition to any penalty which it may impose in respect of the offence, order him to pay the relevant licensing authority a sum equal to the amount or, as may be appropriate, the aggregate of the amounts, of vehicle excise duty which, on the date of the conviction, is, by virtue of section 68 of this Act, recoverable from him by the relevant licensing authority.

C17

Application of subs. (1) restricted (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 21(5), commenced on enactment.

Trade licences.

21.— ...

...

C18

Application of subs. (1) restricted (18.08.1976) by Finance Act 1976) (16/1976), s. 71(3), S.I. No. 185 of 1976.

Using and keeping vehicles on which chargeable vehicle excise duty is unpaid.

71.—(1) Where vehicle excise duty is chargeable on a vehicle (whether by virtue of this Act or the Act of 1952) and is unpaid, then any person who, at any time while the duty remains unpaid, uses, parks or otherwise keeps the vehicle in a public place or causes another person to so use the vehicle or who authorises such use of the vehicle by another person shall be guilty of an offence.

(2) Where a defendant charged with an offence under this section was the servant of the person by whom the vehicle was kept, it shall be a good defence to the charge for the defendant to show that he was using the vehicle in obedience to the express orders of that person.

(3) (a) Where a person is convicted of an offence under this section he shall not be liable to have imposed on him in respect of the same act a penalty under section 13 (1) of the Act of 1920.

(b) Where a penalty referred to in paragraph (a) of this subsection is imposed on a person, he shall not be convicted of an offence under this section in relation to the same act.

Editorial Notes:

E159

Offence under section designated a fixed-charge offence by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1)(a), (b)(iv), (v), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12, S.I. No. 134 of 2006.

E160

Provision for recovery of penalities under Act made (26.03.1925) by Local Government Act 1925 (5/1925), s. 39, commenced on enactment.

E161

Previous affecting provision: subss. (1), (2), (4) amended (17.07.1982) by Finance Act 1982 (14/1982), s. 72(1), commenced on enactment; amendment substituted (17.06.1993) as per F-note above.

Section 14

Local licensing fees to cease to be chargeable.

14.—(1) As from the first day of January, nineteen hundred and twenty-one, any fees or charges, by whatever name called, payable under any general or special Act to any county council, local or police authority in respect of the licensing of any vehicle (other than a tramcar) shall cease to be payable.

(2) Any person who at the commencement of this Act is the holder of any licence issued by any county council or local or police authority in respect of any vehicle (other than a tramcar), being a licence in respect of which a fee or charge exceeding five shillings has been paid, or to whom a general identification mark has been assigned under proviso (b) to subsection (4) of section two of the Motor Car Act, 1903, shall be entitled, on making an application in the prescribed manner to the prescribed county council, local or police authority, to obtain a repayment in respect of the fee or charge paid by him for the licence or mark at the rate of one-twelfth of the amount so paid in respect of every complete month for which the licence or mark continues in force after the thirty-first day of December, nineteen hundred and twenty, and any sums paid under this provision by a county council shall be treated for the purposes of this Act as expenses incurred by the council in the levying of the duties, and any sums so paid by a local or police authority shall be repaid to the authority out of the Road Fund.

(3) Where, upon application for a licence to ply for hire with an omnibus, the licensing authority either refuses to grant a licence or grants a licence subject to conditions, in either case the applicant shall have a right of appeal to the Minister of Transport from the decision of the licensing authority, and the Minister shall have power to make such order thereon as he thinks fit, and such order shall be binding upon the licensing authority.

An order made by the Minister under this subsection shall be final and not subject to appeal to any court, and shall, on the application of the Minister, be enforceable by writ of mandamus.

For the purpose of this subsection, the expression “omnibus” includes every omnibus, char-a-banc, waggonette, brake, stage coach, or other carriage plying for hire or used to carry passengers at separate fares.

Annotations

Modifications (not altering text):

C19

"Licensing authority" construed (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 10(3), in effect as per art. 2.

Visitor's Driving or Provisional Licence.

10. ...

(b) The enactments referred to in sub-paragraph (a) of this paragraph are —

the Roads Act, 1920, the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), the Road Traffic Act, 1961

and the orders and regulations made under the said Acts.

Editorial Notes:

E162

Section 15

Amendment of s. 28 of 41 & 42 Vict. c. 77.

15. —F19[…]

Annotations

Amendments:

F19

Repealed (2.07.1934) by Road Traffic Act 1933 (11/1933), s. 13(1) and sch., S.R.& O. 108 of 1934.

Section 16

Amendment of 24 & 25 Vict. c. 70. s. 4.

16. —The proviso to section four of the Locomotive Act, 1861, in its application to Scotland is hereby repealed, and in lieu thereof it is enacted as follows:—

Provided that the regulation of weight herein mentioned shall not extend to any wagon carrying only one block, plate cable, roll, vessel of stone or metal, or other single article being of greater weight than sixteen tons, but the fellies, tires, or shoes of such wagon shall not be less than eight inches in breadth, and any damage arising from the user of any such wagon shall be deemed to be damage caused by excessive weight within the meaning of section fifty-seven of the Roads and Bridges (Scotland) Act, 1878.

Section 17

Interpretation and application to Scotland.

17. —In this Act, unless the context otherwise requires,—

The expression “county” includes a county borough, and the expression “county council” shall be construed accordingly;

F20[The expression "the Minister" means the Minister for the Environment, Heritage and Local Government;]

The expression “prescribed” means prescribed by regulations;

F20[The expression "registration certificate" means a certificate of registration issued under subsection (5) (inserted by the Finance Act 2003 ) of section 131 of the Finance Act 1992 and, where the context admits, includes a registration book, a vehicle registration certificate and a vehicle licensing certificate duly issued in respect of a vehicle registered in the State before 28 May 2004;]

The expression “use” means use on a public road;

The expression “police authority” includes the receiver for the metropolitan police district.

Annotations

Amendments:

F20

Inserted (1.01.2008) by Local Government (Roads Functions) Act 2007 (38/2007), s. 2(2)(a), (b), S.I. No. 793 of 2007.

F21

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(c), not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: definitions inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(c), not commenced as of date of revision.

F21[The expressions "driving licence", "foreign driving licence" and "Irish driving licence" have the same meanings as they have in section 3 of the Road Traffic Act 1961;]

F21[The expression "driver number" means—

(a) in the case of a driving licence or a learner permit issued on or after 19 January 2013, the number given at item 4d and described as “Uimhir tiomána” or “Driver number” on the licence or permit, as the case may be, or

(b) in the case of a driving licence or a learner permit issued prior to 19 January 2013, the number given at item 5 and described as “uimhir tiomána/driver number” on the licence or permit, as the case may be;]

F21[The expression "learner permit" has the same meaning as it has in section 35 of the Road Traffic Act 1961;]

F21[The expressions "licence record" and "penalty point" have the same meanings as they have in section 1 of the Road Traffic Act 2002;]

F21[The expression "personal public service number" has the same meaning as it has in section 262 of the Social Welfare Consolidation Act 2005;]

Section 18

Application to Scotland.

61 & 62 Vict. c. 29.

52 & 53 Vict. c. 49.

18. —In the application of this Act to Scotland—

(a) a reference to paragraph (3) of section three of the Locomotives Amendment (Scotland) Act, 1878, shall be substituted for the reference to paragraph (3) of section twenty-eight of the Highways and Locomotives (Amendment) Act, 1878; and

(b) except in this section, references to a county shall be deemed to include references to a royal, parliamentary, or police burgh containing within its boundaries, as ascertained, fixed, or determined for police purposes, a population according to the census for the time being last taken of or exceeding fifty thousand, and every other burgh shall be deemed to form part of the county within which it is situated, and the expression “county council” shall be construed accordingly; and

(c) section four of the Locomotives Act, 1898, with the exception of subsection (3) thereof, shall apply to Scotland with the substitution of arbitration by a single arbiter to be appointed, failing agreement, by the sheriff, for arbitration under the Arbitration Act, 1889, and county and town councils may borrow for the purposes of the said section as so applied in like manner as they may borrow for the purposes of the Roads and Bridges (Scotland) Act, 1878.

Section 19

Provisions as to default on the part of county councils in Ireland. 1 & 2 Geo. 5. c. 45.

38 & 39 Vict. c. 55.

19.—(1) F22[…]

(2) F22[…]

(3) Provision may be made by Order in Council for the discharge by the Minister or otherwise of the functions under this Act and the Motor Car Acts, 1896 and 1903, of any county council in Ireland which, in the opinion of the Minister, neglects or refuses to perform any of those functions, and for carrying the provisions of this Act, and of any such order, or any other order under this Act, into effect as respects the area of such county council.

Annotations

Amendments:

F22

Repealed (2.07.1934) by Road Traffic Act 1933 (11/1933), s. 13(1) and sch., S.R.& O. 108 of 1934.

Modifications (not altering text):

C21

3. (1) The functions vested in the Minister for Housing, Planning and Local Government—

(a) by or under any of the Acts specified in Schedule 1, and

(b) under the instruments specified in Schedule 2,

are transferred to the Minister for Transport, Tourism and Sport.

...

SCHEDULE 1

Art. 3(1)(a)

Acts, functions by or under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Sections 6, 12 (other than subsection (1A)) and 19 of the Roads Act 1920 (No. 72 of 1920)

...

SCHEDULE 2

Article 3(1)(b)

Instruments, functions under which are transferred from the Minister for Housing, Planning and Local Government to the Minister for Transport, Tourism and Sport

Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958)

Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958)

Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 (S.I. No. 409 of 1992)

Section 20

Short title, commencement, and repeal.

20.—(1) This Act may be cited as the Roads Act, 1920.

(2) This Act shall come into operation on the first day of January, nineteen hundred and twenty-one.

(3) The enactments set out in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

Schedule 1

SCHEDULES.

FIRST SCHEDULE.

Amendments of Development and Road Improvement Funds Act, 1909.

Section 4.

Sections 4, 8, 9, 10, 11, 13, and 19, and Schedule.	References to the Minister shall be substituted for references to the Road Board.
Section 8	The following paragraph shall be substituted for paragraph (a) of subsection (1)— “(a) to make to any highway authority advances in respect of the construction of new roads or the maintenance or improvement of existing roads, or to make such advances in conjunction with a highway authority, to any company or person.” In subsection (5) the definition of “roads” shall be extended so as to include road-ferries and footways.
Section 11	In subsection (1) for the words “the Treasury “have approved a proposal by the Road “Board” there shall be substituted the words “the Minister proposes.” Subsection (2) shall cease to have effect. In subsection (6) the words from “and any receipts” to the end of the subsection shall be repealed.
Section 13	For the words “the road improvement grant” wherever those words occur there shall be substituted the words “the Road Fund.”

Schedule 2

SECOND SCHEDULE.

Provisions as to Applications and Inquiries with respect to Closing of Highways.

Section 7.

F23[…]

Annotations

Amendments:

F23

Repealed (2.07.1934) by Road Traffic Act 1933 (11/1933), s. 13(1) and sch., S.R.& O. 108 of 1934.

Schedule 3

THIRD SCHEDULE.

Enactments Repealed.

Section 20.

Session and Chapter.	Short Title	Extent of Repeal.
59 & 60 Vict. c. 36.	The Locomotives on Highways Act, 1896.	Subsection (2) of section one.
61 & 62 Vict. c. 29.	The Locomotives Act, 1898.	Sections nine, ten, and eleven; in subsection (1) of section seventeen the definition of “agricultural locomotive”; and subsection (3) of section eighteen.
3 Edw. 7. c. 36.	The Motor Car Act, 1903.	Sections two and five; paragraph (a) of subsection (1) of section seven; in subsection (2) of that section the words “the entry of “particulars of the ownership of “a car on change of ownership, “such fee, not exceeding ten “shillings, as may be prescribed “by the regulations, and in “respect of”; and section eight.
9 Edw. 7. c. 47.	The Development and Road Improvement Funds Act, 1909.	Section seven; subsection (3) of section eight; subsection (2) of section eleven; and sections twelve and fourteen.

1920 (10 & 11 Geo. 5) c. 72

ROADS ACT 1920

REVISED

Updated to 1 February 2024

About this Revised Act

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

This Act is not collectively cited with any other Act.

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 1972, 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 and Roads Act 2023 (16/2023)

• Fines Act 2010 (8/2010)

• Local Government (Roads Function) Act 2007 (38/2007)

• Finance Act 2004 (8/2004)

• Road Traffic Act 2002 (12/2002)

• Finance Act 1996 (9/1996)

• Finance Act 1993 (13/1993)

• Finance (No. 2) Act 1992 (28/1992)

• Finance Act 1992 (9/1992)

• Finance Act 1982 (14/1982)

• Finance Act 1978 (21/1978)

• Finance Act 1976 (16/1976)

• Road Traffic Act 1968 (25/1968)

• Finance Act 1966 (17/1966)

• Road Traffic Act 1961 (24/1961)

• Finance Act 1960 (19/1960)

• Finance (Excise Duty) (Vehicles) Act 1952 (24/1952)

• Road Traffic Act 1933 (11/1933)

• Finance Act 1932 (20/1932)

• Eucharistic Congress (Miscellaneous Provisions) Act 1932 (7/1932)

• Unemployment Relief Act 1931 (46/1931)

• Finance Act 1929 (32/1929)

• Finance Act 1922 (17/1922)

All Acts up to and including Policing, Security and Community Safety Act 2024 (1/2024), enacted 7 February 2024, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Motor Tax (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 601 of 2017)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014 (S.I. No. 509 of 2014)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 (S.I. No. 207 of 2008)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2008 (S.I. No. 150 of 2008)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. No. 486 of 2003)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 2001 (S.I. No. 71 of 2001)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1998 (S.I. No. 208 of 1998)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I. No. 405 of 1997)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 (S.I. No. 125 of 1995)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 (S.I. No. 277 of 1994)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1993 (S.I. No. 198 of 1993)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1993 (S.I. No. 126 of 1993)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 (S.I. No. 23 of 1993)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992)

• Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992)

• European Communities (Vehicle Testing) (Amendment) Regulations 1992 (S.I. No. 324 of 1992)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1991 (S.I. No. 357 of 1991)

• European Communities (Vehicle Testing) Regulations 1991 (S.I. No. 356 of 1991)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1991 (S.I. No. 30 of 1991)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990 (S.I. No. 287 of 1990)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1987 (S.I. No. 320 of 1987)

• Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1986 (S.I. No. 445 of 1986)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1986 (S.I. No. 441 of 1986)

• European Communities (Vehicle Testing) (Amendment) Regulations 1986 (S.I. No. 214 of 1986)

• Road Vehicles (Index Marks) (Amendment) Regulations 1986 (S.I. No. 6 of 1986)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1985 (S.I. No. 293 of 1985)

• Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982)

• Road Vehicles (Index Marks) (Amendment) Regulations 1982 (S.I. No. 28 of 1982)

• Road Vehicles (Index Marks) (Amendment) Regulations 1981 (S.I. No. 231 of 1981)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1981 (S.I. No. 103 of 1981)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1980 (S.I. No. 226 of 1980)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1977 (S.I. No. 371 of 1977)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1977 (S.I. No. 185 of 1977)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1977 (S.I. No. 122 of 1977)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1976 (S.I. No. 186 of 1976)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1976 (S.I. No. 38 of 1976)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1974 (S.I. No. 340 of 1974)

• Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) Order 1974 (S.I. No. 215 of 1974)

• Road Vehicles (Index Marks) (Amendment) Regulations 1970 (S.I. No. 101 of 1970)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1969 (S.I. No. 205 of 1969)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1968 (S.I. No. 147 of 1968)

• Road Vehicles (Index Marks) (Amendment) Regulations 1968 (S.I. No. 121 of 1968)

• Road Vehicles (Index Marks) (Amendment) Regulations 1967 (S.I. No. 128 of 1967)

• Road Vehicles (Index Marks) (Amendment) Regulations 1965 (S.I. No. 30 of 1965)

• Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964)

• Road Vehicles (Index Marks) (Amendment) Regulations 1964 (S.I. No. 8 of 1964)

• Road Vehicles (Index Marks) (Amendment) Regulations 1963 (S.I. No. 69 of 1963)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1962 (S.I. No. 13 of 1962)

• Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1962 (S.I. No. 12 of 1962)

• Road Vehicles (Index Marks) (Amendment) Regulations 1961 (S.I. No. 283 of 1961)

• Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961)

• Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1960 (S.I. No. 244 of 1960)

• Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1960 (S.I. No. 196 of 1960)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1960 (S.I. No. 84 of 1960)

• Road Vehicles (Index Marks) (Amendment) Regulations 1960 (S.I. No. 46 of 1960)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1959 (S.I. No. 217 of 1959)

• Road Vehicles (Index Marks) (Amendment) (No. 3) Regulations 1959 (S.I. No. 136 of 1959)

• Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1959 (S.I. No. 107 of 1959)

• Road Vehicles (Index Marks) (Amendment) Regulations 1959 (S.I. No. 8 of 1959)

• Road Vehicles (Index Marks) (Amendment) (No. 2) Regulations 1958 (S.I. No. 248 of 1958)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1958 (S.I. No. 198 of 1958)

• Road Vehicles (Index Marks) (Amendment) Regulations 1958 (S.I. No. 132 of 1958)

• Road Vehicles (Registration and Licensing) Order 1958 (S.I. No. 15 of 1958)

• Road Vehicles (Index Marks) Regulations 1958 (S.I. No. 14 of 1958)

• Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958)

• Road Vehicles (Additional Index Marks) Regulations 1957 (S.I. No. 165 of 1957)

• Road Vehicles (Additional Index Marks) (No. 2) Regulations 1956 (S.I. No. 265 of 1956)

• Road Vehicles (Additional Index Marks) (No. 2) Order 1955 (S.I. No. 249 of 1955)

• Road Vehicles (Additional Index Marks) Order 1955 (S.I. No. 154 of 1955)

• Road Vehicles (Additional Index Marks) Regulations 1956 (S.I. No. 254 of 1954)

• Road Vehicles (Additional Index Marks) (No. 2) Order 1954 (S.I. No. 178 of 1954)

• Road Vehicles (Additional Index Marks) Order 1954 (S.I. No. 95 of 1954)

• Road Vehicles (Additional Index Mark) (No. 2) Order 1953 (S.I. No. 411 of 1953)

• Road Vehicles (Additional Index Mark) Order 1953 (S.I. No. 171 of 1953)

• Road Vehicles (Registration and Licensing) (Amendment) Regulations 1952 (S.I. No. 358 of 1952)

• Road Vehicles (Seating Capacity) Regulations, 1932 (Revocation) Order 1952 (S.I. No. 356 of 1952)

• Road Vehicles (Additional Index Mark) (No. 2) Order 1951 (S.I. No. 370 of 1951)

• Road Vehicles (Additional Index Mark) Order 1951 (S.I. No. 229 of 1951)

• Road Vehicles (Additional Index Mark) Order 1950 (S.I. No. 121 of 1950)

• Road Vehicles (Additional Index Mark) Order 1949 (S.I. No. 42 of 1949)

• Road Vehicles (Additional Index Mark) Order 1948 (S.I. No. 282 of 1948)

• Road Vehicles (International Circulation) (Amendment) Regulations 1938 (S.R. & O. No. 190 of 1938)

• Road Vehicles (Registration and Licensing) Regulations 1938 (S.R. & O. No. 64 of 1938)

• Road Vehicles (International Circulation) (Amendment) Regulations 1937 (S.R. & O. No. 98 of 1937)

• Road Vehicles (International Circulation) Regulations 1934 (S.R. & O. No. 119 of 1934)

• Road Traffic (Third Party Risks) Regulations 1934 (S.R. & O. No. 81 of 1934)

• Road Traffic (Third Party Risks) Regulations 1933 (S.R. & O. No. 130 of 1933)

• Roads Vehicles (Seating Capacity) Regulations 1932 (S.R. & O. No. 98 of 1932)

• Road Vehicles (International Circulation) Regulations 1932 (S.R. & O. No. 50 of 1932)

• Motor Car (International Circulation) Order 1931 (S.R. & O. No. 67 of 1931)

• Roads Vehicles (Seating Capacity) Regulations 1929 (S.R. & O. No. 56 of 1929)

• Fines and Penalties (Disposal) Order 1928 (S.R. & O. No. 12 of 1928)

• Road Vehicles (International Circulation) (Incoming Vehicles) Regulations 1925 (30 April 1925)

• Road Vehicles (Motor Tax Account) Order 1924 (O. S. 1 of 1924, 29 August 1924)

• Road Fund Accounts Order 1924 (S.R. & O. No. 12 of 1924)

• Road Vehicles (Trade Licences) Regulations 1923 (12 December 1923)

All statutory instruments up to and including European Union (Restrictive Measures Concerning Zimbabwe) Regulations 2024 (S.I. No. 48 of 2024), made 31 January 2024, were considered in the preparation of this revision.

Revised Acts

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Roads Act 1920