Road Traffic Act 1961

Number 24 of 1961

ROAD TRAFFIC ACT 1961

REVISED

Updated to 23 December 2023

This Revised Act is an administrative consolidation of the Road Traffic Act 1961. 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 Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the European Union (Motor Insurance) Regulations 2023 (S.I. No. 643 of 2023), made 14 December 2023, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 24 of 1961


ROAD TRAFFIC ACT 1961

REVISED

Updated to 23 December 2023


ARRANGEMENT OF SECTIONS

PART I

Preliminary And General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Application to persons and vehicles in the service of the State.

5.

General provisions with respect to regulations.

6.

Approval of bye-laws made by the Commissioner.

7.

Proof of certain bye-laws and rules.

8.

Finance.

9.

Disposal of fees and fines.

10.

Repeals.

PART II

General Provisions relating To Vehicles

11.

Regulations in relation to use of vehicles in public places.

12.

Maximum weights.

13.

Special permits for particular vehicles.

14.

Weight unladen.

15.

Weighbridges.

16.

Requirements with respect to weighing.

17.

Expenses of extraordinary traffic.

18.

Tests of mechanically propelled vehicles.

19.

Production of test certificate on demand.

20.

Powers of occasional examination, inspection and test.

PART III

Driving Licences

21.

Licensing authority.

22.

Application for Irish driving licence.

22A.

Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

22B.

Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

23.

Grant of Irish driving licence.

23A.

Recognition of foreign driving licences.

23B.

Recognition of foreign driving licences held by certain persons.

23C.

Automatic revocation of driving licence where holder is subject of deportation order.

23D.

Endorsement of revocation of driving licence on license record relating to holder.

23E.

Retention of revoked driving licence by member of Garda Síochána.

24.

Signing of driving licence by grantee thereof.(Repealed)

25.

Period during which driving licence has effect. (Repealed)

26.

Consequential disqualification orders.

27.

Ancillary disqualification orders.

28.

Special disqualification orders.

29.

Removal of disqualification under consequential or ancillary disqualification order.

30.

Operation of disqualification order.

31.

Disqualifications related to age.

32.

Disqualification on grounds of health.

33.

Certificates of competency.

34.

Certificates of fitness

35.

Provisional licence.

35A.

Offences by owner of mechanically propelled vehicle driven by another person.

36.

Order for endorsement in case of conviction, disqualification order or removal of disqualification.

37.

Transfer of endorsement to new licence. (Repealed)

38.

Prohibition on driving without driving licence.

39.

Prohibition on applying for driving licence when disqualified.

40.

Production of driving licence on demand by member of Garda Síochána.

41.

Writing of signature on demand by member of Garda Síochána.

42.

Regulations under Part III.

43.

Transitional provisions (Part III).

PART IV

Speed Limits

44.

Ordinary speed limits. (Repealed)

44A.

General speed limit (Repealed)

44B.

Motorway Speed Limit. (Repealed)

45.

Built-up area speed limits. (Repealed)

46.

Special speed limits. (Repealed)

47.

Offence of exceeding speed limit.

PART V

Driving Offences

48.

Driving mechanically propelled vehicle when unfit.

49.

Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug. (Repealed)

50.

Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug. (Repealed)

51.

Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. (Repealed)

51A.

Driving without reasonable consideration.

52.

Careless driving.

53.

Dangerous driving.

54.

Driving of dangerously defective vehicle.

55.

Parking vehicle in dangerous position.

PART VI

Compulsory Insurance Of Mechanically Propelled Vehicles

56.

Obligation to be insured or guaranteed.

56A.

Obligation to supply vehicle insurer or certain intermediaries with certain information.

56B.

Transitional provision (section 56A).

57.

Fine in lieu of damages and imprisonment in addition to damages.

58.

Vehicle insurer.

59.

Vehicle guarantor.

60.

Exempted person.

61.

Deposits by exempted persons.

62.

Approved policy of insurance.

63.

Approved guarantee.

64.

Fraud in obtaining policy or guarantee.

65.

Excepted persons

66.

Certificate of insurance and certificate of guarantee.

67.

Effect of certificate of insurance or guarantee.

68.

Certificate of exemption.

69.

Production of certificate on demand.

69A.

Insurance of certain vehicles entering the State.

69B.

Insurance of certain trailers towed by a vehicle.

69C.

Dispatch of vehicles.

70.

Obligation to deliver up certificate.

71.

Obligation of insured or principal debtor to give notice of accident.

72.

Obligation of user of vehicle to give notice of accident.

72A.

Notice of accident involving vehicle temporarily in the State.

73.

Obligation to give information as to insurance.

74.

Amendment of Assurance Companies Act, 1909.

75.

Regulations in relation to certificates, keeping of records and giving of information.

76.

Miscellaneous provisions in relation to insured or guaranteed moneys.

77.

Application and repayment of deposit.

78.

Provisions relating to Motor Insurers’ Bureau of Ireland.

78A.

Vehicle insurers to provide details of motor insurance policies.

78B.

Recovery of sums paid by Motor Insurers’ Bureau of Ireland.

79.

Exception of pedestrian-controlled vehicles.

80.

Special provisions for non-residents.

81.

Transitional provisions (Part VI).

81A.

Non-application of Part to motorsports events, etc.

PART VII

Control And Operation Of Public Service Vehicles

82.

Regulations in relation to control and operation of public service vehicles.

83.

Annual inspection and verification of taximeters. (Repealed)

84.

Bye-laws in relation to stands for street service vehicles. (Repealed)

85.

Stopping places and stands for omnibuses.

86.

Bye-laws with respect to stopping places and stands for omnibuses. (Repealed)

87.

Property left in public service vehicle.

PART VIII

Regulation Of Traffic

88.

Bye-laws for the general control of traffic and pedestrians. (Repealed)

89.

Bye-laws for the control of traffic and pedestrians in specified areas. (Repealed)

90.

Parking of vehicles on public roads. (Repealed)

91.

Control of traffic when there is event attracting large assembly, etc.

92.

Prevention of obstruction of traffic by fairs and markets.

93.

Protection of bridges from excessive burdens.

94.

Closing of particular roads to vehicles.

95.

Traffic signs.

96.

Patrol of places where school-children cross public roads.

97.

Removal of vehicles abandoned or unlawfully parked.

98.

Prohibition of obstruction of traffic.

99.

Prohibition of unauthorised holding or getting on to vehicles.

100.

Cyclists holding on to other vehicles.

100A.

Driver of powered personal transporter holding on to other vehicle.

101.

Provision of car parks by local authorities.

101A.

Control of vehicles by bollards and ramps. (Repealed)

101B.

Immobilisation, removal etc. of unlawfully parked vehicles.

101C.

Control of access to and egress from construction sites by vehicles.

101D.

Roadworks.

PART IX

Miscellaneous

102.

General penalty.

103.

Special provision applying where certain offences are alleged to have been committed. (Repealed)

104.

Notice of offence. (Repealed)

105.

Evidence of speed. (Repealed)

106.

Duties on occurrence of accident.

107.

Duty to give information on demand by member of Garda Síochána.

108.

Right to demand name and address of pedal cyclist.

109.

Obligation to stop.

109A.

Powers of Garda Síochána in relation to dangerous driving.

110.

Disposition of vehicle on arrest of person in charge.

111.

Identification of member of Garda Síochána.

112.

Taking vehicle without authority.

113.

Unauthorised interference with mechanism of vehicle.

114.

Limitations on periods of continuous driving.

115.

Penalty for false declaration, etc.

116.

Liability of Minister for Finance for negligent use of mechanically propelled vehicle. (Repealed)

117.

Extension of personal liability for negligent use of mechanically propelled vehicle. (Repealed)

118.

Liability in respect of person using mechanically propelled vehicle with consent of owner.

119.

Reimbursement of hospitals. (Repealed)

120.

Promotion of road safety

121.

Calculation of passenger accommodation of mechanically propelled vehicles.

122.

Keeping and use of petroleum. (Repealed)

123.

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

124.

Restriction on section 23 of Criminal Justice Act, 1951.

125.

Saving for indictment for nuisance.

126.

Saving for general power of Commissioner.

127.

Modification of Motor Car (International Circulation) Act, 1909.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Offences under this Act involving Consequential Disqualification Orders


Acts Referred to

Road Vehicles (Registration and Licensing) Regulations, 1958

S.I. No. 13 of 1958

Road Traffic Act, 1933

1933, No. 11

Documentary Evidence Act, 1925

1925, No. 24

Roads Act, 1920

1920, c. 72

Road Transport Act, 1932

1932, No. 2

Road Transport Act, 1933

1933, No. 8

Probation of Offenders Act, 1907

1907, c. 17

Licensing Act, 1872

1872, c. 94

Person Act, 1861

1861, c. 100

Insurance Act, 1936

1936, No. 45

Assurance Companies Act, 1909

1909, c. 49

Weights and Measures Act, 1889

1889, c. 21

Weights and Measures Act, 1928

1928, No. 3

Weights and Measures Act, 1904

1904, c. 28

Interpretation Act, 1937

1937, No. 38

Statutory Instruments Act, 1947

1947, No. 44

Public Health (Ireland) Act, 1878

1878, c. 52

Local Government Act, 1946

1946, No. 24

Public Health (Ireland) Act, 1896

1896, c. 54

Local Government Act, 1925

1925, No. 5

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Fatal Injuries Act, 1956

1956, No. 3

Health Act, 1947

1947, No. 28

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24

Criminal Justice Act, 1951

1951, No. 2

Motor Car (International Circulation) Act, 1909

1909, c. 37

Motor Car Act, 1903

1903, c. 36


Number 24 of 1961


ROAD TRAFFIC ACT 1961

REVISED

Updated to 23 December 2023


AN ACT TO MAKE PROVISION IN RELATION TO MECHANICALLY PROPELLED AND OTHER VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM THE USE OF MECHANICALLY PROPELLED VEHICLES, TO REPEAL THE ROAD TRAFFIC ACT, 1933, AND CERTAIN OTHER ENACTMENTS, TO AUTHORISE CERTAIN CHARGES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th July, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text)::

C1

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87.[(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.]

C2

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C3

Term “Commissioner” construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

...

C4

Application of collectively cited Road Traffic Acts 1961 to 2006 restricted (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.

Grant of specialised vehicle permits

6. (1) The Permits Officer may grant a specialised vehicle permit if— ...

(b) he or she is satisfied that— ...

(ii) the vehicle and that operation will not otherwise contravene the Road Traffic Acts 1961 to 2006, Regulations made under those Acts, or any other law.

...

C5

Term “provisional licence” construed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.

Learner permit.

11.— ...

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

...

C6

Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities.

C7

Application of collectively cited Road Traffic Acts 1961 to 2002 modified by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.

Provisions applying to certain offences relating to vehicles.

[3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

(b) The offences referred to in paragraph (a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

...]

C8

Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred from Department of and Minister for Environment and Local Government to Department of and Minister for Public Enterprise and terms construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise changed to Department of and Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.

4. (1) The functions vested in the Minister for the Environment and Local Government—

(a) by or under—

(i) the Road Traffic Acts 1961 to 2002,

...

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.

C9

Application of Act extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 56(1), commenced on enactment.

Prohibition on person disqualified for holding driving licence from driving light rail vehicle on public road.

56.—(1) A person who is disqualified under the Act of 1961 for holding a driving licence (within the meaning of section 22 of the Act of 1961) shall not drive a light rail vehicle on a public road.

...

C10

Terms “road” and “public place” construed (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 59, S.I. No. 327 of 1998.

Road for purposes of Road Traffic Acts, 1961 to 1995.

59.—For the avoidance of doubt it is hereby declared that—

(a) the word “road” includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to 1995, or any regulations made thereunder, a road in a State airport, and

(b) a State airport is, for the purposes of any enactment, a public place.

C11

Application of collectively cited Road Traffic Acts 1961 to 1987 modified (1.01.1994) by Roads Act 1993 (14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.

Functions generally of the Authority.

17.— ...

(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.

...

The Authority and traffic management.

23.—(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.

...

C12

Application of Act modified (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 10(1) and (3).

Visitor’s Driving or Provisional Licence.

10. (1) In respect of the grant of a visitor’s driving licence or a visitor’s provisional licence and the holding of such licences, the Road Traffic Act, 1961 and the Regulations of 1989 shall be modified as follows:—

(a) An application for a visitor’s driving licence or a visitor’s provisional licence may be made to the Automobile Association.

(b) The words “Visitor’s Driving Licence” shall, in the case of a visitor’s driving licence, be inserted in the authorised form referred to in article 16 of the said Regulations.

(c) The words “Visitor’s Provisional Licence” shall, in the case of a visitor’s provisional licence, be inserted in the authorised form referred to in article 23 of the said Regulations.

(d) Sub-article (2) of article 14 of the said regulations shall not apply to a visitor’s driving licence.

(e) The references in sub-article (4) of article 15 of the said Regulations to a driving licence shall (in respect of an application for a visitor’s driving licence) be construed as if it included a reference to a driving permit.

(f) Paragraph (a) of sub-article (1) of article 29 of the said Regulations shall (in respect of an application for a visitor’s driving licence) be construed as if the reference to a driving licence in respect of a category where a reference to a driving permit issued in respect of that category or in respect of a category of vehicles which includes vehicles of that category or the majority of vehicles of that category.

...

(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.

...

C13

Term “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.

2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.

Editorial Notes:

E1

Prospective affecting provision: procedure prescribed for costs relating to offences under collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2010 (25/2010), s. 82, not commenced as of date of revision.

E2

Prospective affecting provision: prescribed offences under collectively cited Road Traffic Acts 1961 to 2010 subjected to payment deposit notice procedure by Road Traffic Act 2010 (25/2010), s. 50, not commenced as of date of revision.

E3

Power pursuant to section and s. 5 exercised (1.01.2021) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2020 (S.I. No. 639 of 2020), in effect as pre reg. 1(2)

E4

Power pursuant to section and s. 5 exercised (1.01.2021) by Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2020 (S.I. No. 638 of 2020), in effect as pre reg. 1(2)

E5

Procedure for fixed charge offences under collectively cited Road Traffic Acts 1961 to 2010 prescribed (1.06.2017) by Road Traffic Act 2010 (25/2010), Part 3 (ss. 34-49), S.I. No. 241 of 2017.

E6

Records of Medical Bureau of Road Safety performing certain functions under collectively cited Road Traffic Acts 1961 to 2014 exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).

E7

Alcohol testing procedure and evidentiary requirements prescribed (28.10.2011) for offences and proceedings under collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2010 (25/2010), ss. 9, 10, 20 and 25(4), S.I. No. 543 of 2011, as last amended (13.04.2017) by Road Traffic Act 2016 (21/2016), ss. 10, 11 and 17, S.I. No. 129 of 2017.

E8

Procedure prescribed for production of driving licence (28.10.2011) under collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2010 (25/2010), s. 61, S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(l), S.I. No. 542 of 2011.

E9

Road Safety Authority designated as authority responsible for certain vehicle testing arrangements required under the collectively cited Road Traffic Acts 1961 to 2006 (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 3(a)(i).

E10

Functions under Road Traffic Acts 1961 to 2004 assigned to Road Safety Authority (31.05.2006) by Road Safety Authority Act 2006 (14/2006), s. 4(1), commenced on enactment.

E11

Road Safety Authority charged with keeping Road Traffic Acts under review and submitting proposals (1.09.2005) by Safety, Health and Welfare At Work Act 2005 (10/2005), ss. 2(1), 57(1)(a), (c) and sch. 1, S.I. No. 328 of 2005.

E12

Requirement to produce driving licence to court prescribed in relation to collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2002 (12/2002), s. 22(1) as substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 21, S.I. No. 26 of 2005; and subsequently substituted (28.10.11) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

E13

Duty to give information to member of Garda Síochána for offences under collectively cited Road Traffic Acts 1961 to 1995 imposed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 59(1), commenced on enactment.

E14

Procedure prescribed (2.12.1994) for evidence in certain proceedings under collectively cited Road Traffic Acts 1961 to 2006 by Road Traffic Act 1994 (7/1994), s. 21, S.I. No. 350 of 1994, as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(f), commenced on enactment; s. 21 repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

E15

Previous affecting provision: certain records held under collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

E16

Previous affecting provision: Road Safety Authority may be required by Minister to provide advice in relation to functions under Road Traffic Acts 1961 to 2004 (31.05.2006) by Road Safety Authority Act 2006 (14/2006), s. 6(1)(a), commenced on enactment; repealed (28.10.2010) by Road Traffic Act 2010 (25/2010), s. 65(3)(c), S.I. No. 543 of 2011.

E17

Previous affecting provision: application of collectively cited Road Traffic Acts 1961 to 2005 not restricted (5.05.2006 to 1.05.2009) by European Communities (Compulsory use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006), reg. 7(6).

E18

Previous affecting provision: functions of local authority for purposes of collectively cited Road Traffic Acts 1961 to 1995 specified (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(1)(b), (2) and sch. 12 part 1, S.I. No. 588 of 2001. Sch. 12 substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007 which caused the Road Traffic Acts to move from sch. 12 part 1 to part 2.

E19

Previous affecting provision: alcohol testing procedure prescribed (21.07.2006) for proceedings under collectively cited Road Traffic Acts 1961 to 2006 by Road Traffic Act 2006 (23/2006), s. 4(9), S.I. No. 384 of 2006; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(f), S.I. No. 544 of 2011.

E20

Previous affecting provision: application of collectively cited Road Traffic Acts 1961 to 2004 restricted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 26 of 2005; repealed (28.10.11) by Road Traffic Act 2010 (25/2010), s. 87(2), S.I. No. 543 of 2011.

E21

Previous affecting provision: term “commissioner” defined (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 28, S.I. No. 26 of 2005; repealed (31.05.2011) by Road Traffic Act 2010 (25/2010), s. 83(2), S.I. No. 255 of 2011.

E22

Previous affecting provision: breath specimen procedure for offences under collectively cited Road Traffic Acts 1961 to 2003 prescribed by Road Traffic Act 1994 (7/1994), s. 12(1)(c), as substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 2, S.I. No. 647 of 2003; s. 12 repealed (29.10.11) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

E23

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (9.09.1992) by European Communities (Units of Measurement) Regulations 1992 (S.I. No. 255 of 1992), reg. 10(1), in effect as per reg. 1(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E24

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (14.07.1988) by European Communities (Tyre Pressure Gauges for Motor Vehicles) Regulations 1988 (S.I. No. 175 of 1988), reg. 4(1); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E25

Previous amending provision: certain functions under collectively cited Road Traffic Acts 1961 to 1984 transferred to Dublin Metropolitan Streets Commission (1.06.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 7(1), S.I. No. 67 of 1987; transfer of functions terminated prior to commencement of Dublin Metropolitan Streets Commission Act 1986 (9.04.1987) by Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions) Order 1987 (S.I. No. 108 of 1987), art. 2.

E26

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (10.09.1986) by European Communities (Clinical Mercury-in-Glass Maximum Reading Thermometers) Regulations 1986 (S.I. No. 305 of 1986), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E27

Previous amending provision: discretion to transfer certain functions under collectively cited Road Traffic Acts 1961 to 1984 to Dublin Transport Authority created by Local Authorities (Traffic Wardens) Act 1975 (14/1975), ss. 2(2), 3(1) as substituted by Dublin Transport Authority Act 1986 (15/1986), s. 15(3), not commenced. Dublin Transport Authority Act 1986 repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5) and amendments to 1975 Act superseded by later substitutions.

E28

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (1.11.1983) by European Communities (Units of Measurement) Regulations 1983 (S.I. No. 235 of 1983), reg. 12(1), in effect as per reg. 1(2); revoked (9.09.1992) by European Communities (Units of Measurement) Regulations 1992 (S.I. No. 255 of 1992), reg. 2, in effect as per reg. 1(2).

E29

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (8.05.1981) by European Communities (Hot-Water Meters) Regulations 1981 (S.I. No. 172 of 1981), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E30

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (14.04.1981) by European Communities (Automatic Checkweighing and Weight Grading Machines) Regulations 1981 (S.I. No. 150 of 1981), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E31

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (1.04.1981) by Packaged Goods (Quantity Control) Regulations 1981 (S.I. No. 39 of 1981), reg. 19, in effect as per reg. 1(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E32

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (24.05.1979) by European Communities (Measurement of Alcoholic Strength) Regulations 1979 (S.I. No. 187 of 1979), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E33

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (15.05.1979) by European Communities (Measuring Systems for Liquids other than Water) Regulations 1979 (S.I. No. 173 of 1979), reg. 3(3); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E34

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (5.04.1979) by European Communities (Non-Automatic Weighing Machines) Regulations 1979 (S.I. No. 128 of 1979), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E35

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (17.11.1978) by European Communities (Electrical Energy Meters) Regulations 1978 (S.I. No. 320 of 1978), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E36

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (17.11.1978) by European Communities (Taximeters) Regulations 1978 (S.I. No. 315 of 1978), reg. 3(2); spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E37

Previous affecting provision: evidentiary provisions for proceedings under collectively cited Road Traffic Acts 1961 to 1978 prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 23(1), S.I. No. 192 of 1978; Road Traffic (Amendment) Act 1978 repealed (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 350 of 1994.

E38

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (26.10.1977) by European Communities (Measuring Instruments) Regulations 1977 (S.I. No. 328 of 1977), reg. 3; spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E39

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (12.10.1977) by European Communities (Cold-water Meters) Regulations 1977 (S.I. No. 320 of 1977), reg. 3; spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E40

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (1.09.1977) by European Communities (Measuring Container Bottles) Regulations 1977 (S.I. No. 237 of 1977), reg. 5(1), in effect as per reg. 1; spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E41

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (10.05.1976) by European Communities (Units of Measurement) Regulations 1976 (S.I. No. 102 of 1976), reg. 5; spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E42

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1961 restricted (25.08.1975) by European Communities (Weights and Measures of Length) Regulations 1975 (S.I. No. 200 of 1975), reg. 3; spent on repeal of provisions of Act forming part of collective citation (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E43

Previous amending provision: power to make arrangements to carry out certain functions under collectively cited Road Traffic Acts 1961 to 1973 and to designate certain offences to which s. 3 applies provided (12.07.1975) by Local Authorities (Traffic Wardens) Act 1975 (14/1975), ss. 2(2) and 3(1), commenced on enactment; ss. 2(2) and 3(1) substituted as per E-note above.

E44

Previous affecting provision: construction of term “licensing authority” modified by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), art. 15(3) as substituted (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 4; Mechanically Propelled Vehicles (International Circulation) Order 1961 revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

E45

Previous affecting provision: application of collectively cited Weights and Measures Acts 1878 to 1928 restricted (14.03.1936) by Weights and Measures Act 1936 (8/1936), s. 2(1), commenced on enactment; repealed (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E46

Previous affecting provision: references to “trade” in collectively cited Weights and Measures Acts 1878 to 1904 construed (1.06.1928) by Weights and Measures Act 1928 (3/1928), s. 3, commenced on enactment; repealed (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E47

Previous affecting provision: references to “inspector of weights and measures” in collectively cited Weights and Measures Acts 1878 to 1904 construed (1.06.1928) by Weights and Measures Act 1928 (3/1928), s. 5(1)(b), commenced on enactment; repealed (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

E48

Previous affecting provision: references to “stamp of verification” in collectively cited Weights and Measures Acts 1878 to 1904 construed (1.06.1928) by Weights and Measures Act 1928 (3/1928), s. 13, commenced on enactment; repealed (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and sch. 1 part 1, S.I. No. 177 of 1997.

PART I.

Preliminary and general.

Section 1

Short title.

1

1.This Act may be cited as the Road Traffic Act, 1961.

Section 2

Commencement.

2

2.This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Annotations

Editorial Notes:

E49

A table showing commencement information by section is available at https://www.irishstatutebook.ie/eli/isbc/1961_24.html.

E50

Power pursuant to section exercised (18.03.1964) by Road Traffic Act,1961 (Commencement) Order 1964 (S.I. No. 28 of 1964).

2. Section 10 of the Road Traffic Act, 1961 shall come into operation on the 18th day of March, 1964, for the purpose of effecting the repeal of sections 21 to 28, 31 to 45 and 81 to 83 of the Road Traffic Act, 1933 (No. 11 of 1933).

3. Sections 21 to 25, 27, 28, 30 to 42 and subsections (1), (3) and (4) of section 43 of the Road Traffic Act, 1961 shall come into operation on the 18th day of March, 1964.

E51

Power pursuant to section exercised (27.10.1963) by Road Traffic Act 1961 (Commencement) (No. 2) Order 1963 (S.I. No. 188 of 1963).

2. Section 10 of the Road Traffic Act, 1961 shall come into operation on the 27th day of October, 1963 for the purpose of effecting the repeal of sections 4, 15 to 20, 84 to 97, 99 to 117, 120 to 126, 128 to 136, 139 to 146, 161 to 164 and 166 of the Road Traffic Act, 1933 (No. 11 of 1933).

3. Sections 11, 12, 13, 15, 16, 82 and 83 of the Road Traffic Act, 1961 shall come into operation on the 27th day of October, 1963.

E52

Power pursuant to section exercised (1.04.1963) by Road Traffic Act 1961 (Commencement) Order 1963 (S.I. No. 17 of 1963).

2. Section 10 of the Road Traffic Act, 1961 shall come into operation on the 1st day of April, 1963 for the purpose of effecting the repeal of sections 46, 47, 48, 49, 53, 54 and 55 of the Road Traffic Act, 1933 (No. 11 of 1933).

3. Part IV of the Road Traffic Act, 1961 shall come into operation on the 1st day of April, 1963.

E53

Power pursuant to section exercised (1.05.1962) by Road Traffic Act 1961 (Commencement) Order 1962 (S.I. No. 11 of 1962).

2. Section 10 of the Road Traffic Act, 1961 shall come into operation on the 1st day of May, 1962 for the purpose of effecting the repeal of Part V and sections 172 and 174 of the Road Traffic Act, 1933 (No. 11 of 1933).

3. Section 14, Part VI, and section 118 of the Road Traffic Act, 1961 shall come into operation on the 1st day of May, 1962.

E54

Power pursuant to section exercised (1.10.1961) by Road Traffic Act 1961 (Commencement) Order 1961 (S.I. No. 173 of 1961).

2. Section 10 of the Road Traffic Act, 1961 shall come into operation on the 1st day of October, 1961 for the purpose of effecting the repeal of the enactments specified in Part II of the Schedule to this Order.

3. The provisions of the Road Traffic Act, 1961 specified in Part I of the Schedule to this Order shall come into operation on the 1st day of October, 1961.

PART I

Provisions of the Road Traffic Act, 1961 to come into operation on 1st October, 1961.

Sections 1 to 9, sections 17 to 20, sections 26 and 29, subsections (2), (5) and (6) of section 43, Part V, sections 84 to 92, sections 94 to 117, sections 120 to 127 and the Second Schedule.

PART II

Enactments to be repealed on 1st October, 1961

Session and chapter or number and year

Short title

Extent of repeal

1 & 2 Geo. C., c.45

Public Roads (Ireland) Act, 1911

The whole Act.

No. 11 of 1933

Road Traffic Act, 1933

Sections 7 to 10, 29 and 30, 50 to 52, 98, 118, 119, 127, 137, 138, 147 to 157, 159, 165, 167, 169 to 171,173, 175, 179.

No. 7 of 1940

Fire Brigades Act, 1940

Section 10

No. 24 of 1946

Local Government Act, 1946

Section 69

No. 9 of 1955

Local Government Act, 1955

Sections 36 and 37

No. 3 of 1956

Fatal Injuries Act, 1956

Section 7

Section 3

Interpretation.

3

3.(1) In this Act, save where the context otherwise requires—

ancillary disqualification order” has the meaning specified in subsection (1) of section 27;

appointed stand” has the meaning specified in subsection (1) of section 84;

appointed weighbridge” has the meaning specified in subsection (1) of section 15;

approved guarantee” has the meaning specified in section 63;

approved policy of insurance” has the meaning specified in section 62;

built-up area speed limit” has the meaning specified in subsection (4) of section 45;

certificate of competency” has the meaning specified in subsection (4) of section 33;

certificate of fitness” has the meaning specified in subsection (4) of section 34;

certificate of exemption” has the meaning specified in section 68;

certificate of guarantee” has the meaning specified in subsection (2) of section 66;

certificate of insurance” has the meaning specified in subsection (1) of section 66;

combination of vehicles” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby;

the Commissioner” means the Commissioner of the Garda Síochána;

consequential disqualification order” has the meaning specified in subsection (1) of section 26;

contravenes” includes refuses or fails to comply with, and “contravention” shall be construed accordingly;

F1["detachable disc" means that part of a test certificate, for the time being in force in respect of a vehicle, which may be detached from the certificate to be affixed to the vehicle;]

driving” includes managing and controlling and, in relation to a bicycle or tricycle, riding, and “driver” and other cognate words shall be construed accordingly;

F2["driving licence" means

(a) an Irish driving licence, or

(b) a foreign driving licence;]

F1[EU roadworthiness certificate in relation to a vehicle means a roadworthiness certificate within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations made under section 18 for tests of mechanically propelled vehicles;]

F3[European Economic Area means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being]

footway” means that portion of any road which is provided primarily for the use of pedestrians;

F4["foreign driving licence" means a licence or permit to drive a mechanically propelled vehicle

(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a F5[vehicle,]

(b) recognised by an order made under section F5[23A(1), or];]

F6[(c) recognised by an order under section 23B;]

F7["general speed limit" means a speed limit under section 44A of this Act;]

hire-drive agreement” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than—

(a) a hire-purchase F8[or letting] agreement,

(b) an agreement merely for the carriage of persons or goods, or

(c) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;

the insured” has the meaning assigned to it in paragraph (a) of subsection (1) of section 62;

F9["Irish driving licence" means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23;]

large public service vehicle” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;

mechanically propelled vehicle” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including—

(a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used,

(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,

but not including a tramcar or other vehicle running on permanent rails;

F1["Member State competent authority" means an authority or public body in a Member State, other than the State, with responsibility for managing the system of roadworthiness testing in that Member State, including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

"Member State testing centre" means a public or private body or establishment in a Member State, other than the State, authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

F10["Minister" means Minister for Transport;]

mobile weighbridge” has the meaning specified in subsection (7) of section 15;

F8["motorway" has the meaning assigned to it by the Roads Act, 1993;]

F8["motorway speed limit" has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;]

omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places;

ordinary speed limit” has the meaning specified in subsection (3) of section 44;

F11["owner", when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement;]

park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;

parking place” has the meaning specified in paragraph (a) of subsection (2) of section 90;

pedal bicycle” means a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

pedal cycle” means a vehicle which is a pedal bicycle or pedal tricycle;

pedal cyclist” means a person driving a pedal cycle;

pedal tricycle” means a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

F12["pedestrian controlled vehicle"] means a mechanically propelled vehicle—

(a) which is neither intended nor adapted for use for carrying the driver or a passenger, or

(b) which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian,

except during a period during which it is driven while carrying the driver or a passenger

period of cover” has the meaning assigned to it in paragraph (b) of subsection (1) of section 62 or paragraph (b) of subsection (1) of section 63 (as may be appropriate);

F3[permission to reside means a permission under section 60(6) of the International Protection Act 2015, which permission is valid;]

prescribed” means prescribed by regulations made by the Minister under this Act;

principal debtor” has the meaning assigned to it in paragraph (a) of subsection (1) of section 63;

F11["public place" means

(a) any public road, and

(b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;]

public road” means a road the responsibility for the maintenance of which lies on a road authority;

public service vehicle” means a mechanically propelled vehicle F13[or combination of vehicles] used for the carriage of persons for reward;

F14["registered owner" has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;]

F3[relevant person means a person who has been given a permission to reside;]

the repealed Act” means the Road Traffic Act, 1933 (repealed by this Act);

road” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof;

F10["road authority" means

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or

(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,

to the Local Government Act 2001;]

road traffic weighbridge” has the meaning specified in subsection (4) of section 15;

roadway” means that portion of a road which is provided primarily for the use of vehicles;

F1["Roadworthiness Directive" means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 20141;]

small public service vehicle” means a public service vehicle which is not a large public service vehicle;

special disqualification order” has the meaning specified in subsection (5) of section 28;

F11["special speed limit" has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;]

street service vehicle” means a small public service vehicle the driver of which offers F15[in a public place] himself and the vehicle for hire and for that purpose stands or drives the vehicle F15[in a public place];

F16["test certificate" means -

(a) a certificate issued under section 18, or

(b) an EU roadworthiness certificate;]

use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

F17["vehicle" means a mechanically propelled vehicle, a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]

vehicle guarantor” has the meaning specified in section 59;

vehicle insurer” has the meaning specified in section 58.

F18[(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded

(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and

(b) for all other purposes of this Act as not being a mechanically propelled vehicle.]

(3) Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby.

(4) Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition.

(5) Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order.

Annotations

Amendments:

F1

Inserted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(i).

F2

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(a), S.I. No. 255 of 2011.

F3

Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(ii), S.I. No. 390 of 2022.

F4

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(b), S.I. No. 255 of 2011.

F5

Substituted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(I), (II), S.I. No. 390 of 2022.

F6

Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(III), S.I. No. 390 of 2022.

F7

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F8

Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(i) and (ii), S.I. No. 222 of 1994.

F9

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(c), S.I. No. 255 of 2011.

F10

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(a), (b), S.I. No. 255 of 2011.

F11

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(iii), (iv), (v), S.I. No. 222 of 1994.

F12

Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F13

Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 15, S.I. No. 147 of 2014.

F14

Substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 32, S.I. No. 8 of 2005.

F15

Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F16

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(ii).

F17

Substituted (25.07.2012) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(a), S.I. No. 314 of 2012.

F18

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 72, S.I. No. 255 of 2011.

F19

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(a)(i), (iii), not commenced as of date of revision.

F20

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(a)(ii), not commenced as of date of revision.

F21

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 16(a), (b)(i), (c), (d), not commenced as of date of revision.

F22

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

Modifications (not altering text):

C14

Definitions inserted and substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(a)(i)-(iii), not commenced as of date of revision.

F19["autonomous vehicle" means a mechanically propelled vehicle that has been designed, constructed, adapted or modified to move autonomously for certain periods of time but in respect of which driver intervention is still expected or required;]

...

F20["driving" includes—

(a) managing and controlling,

(b) in the case of an autonomous vehicle during periods of time in which the vehicle is moving autonomously, monitoring, overseeing and supervising, and

(c) in relation to a bicycle, tricycle or powered personal transporter, riding,

and "driver" and other cognate words shall be construed accordingly;]

...

F19["vehicle identification number (VIN)" means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;]

C15

Prospective affecting provision: definitions amended, substituted and inserted and subs. (1A) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 16(a)-(g), not commenced as of date of revision.

driving” includes managing and controlling and, in relation to a F21[bicycle, tricycle or powered personal transporter], riding, and “driver” and other cognate words shall be construed accordingly;

...

mechanically propelled vehicle” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including—

F21[(a) a bicycle or tricycle—

(i) with an attachment for propelling it solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour, or

(ii) capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(I) which has a maximum continuous rated power greater than 0.25 kilowatts, and

(II) the output of which cuts off when the physical exertions stop,]

(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,

but not including a tramcar or other vehicle running on permanent rails F22[, or a powered personal transporter];

...

F21["pedal bicycle" means—

(a) a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or

(b) a bicycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and

(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the bicycle reaches the speed of 25 kilometres per hour;]

...

F21["pedal tricycle" means—

(a) a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or

(b) a tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and

(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the tricycle reaches the speed of 25 kilometres per hour;]

...

F22["powered personal transporter" means, subject to subsection (1A), a vehicle—

(a) designed and constructed for the carriage of a single person, but not designed or constructed for a person with restricted mobility or for the carriage of goods,

(b) with a maximum weight unladen of 25 kilograms,

(c) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and

(d) equipped with an electric motor having a maximum continuous rated power, or electric motors having a combined maximum continuous rated power, of less than or equal to 0.5 kilowatts, but not including a vehicle referred to in paragraph (b) of the definition of pedal bicycle or in paragraph (b) of the definition of pedal tricycle;]

...

F17["vehicle" means a mechanically propelled vehicle, F22[a powered personal transporter,] a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]

...

F22[(1A) The Minister may prescribe, for powered personal transporters or different classes of them, a maximum weight unladen, a maximum design speed, or a maximum continuous rated power or combined maximum continuous rated power different to the weight, speed or rated power referred to in the definition of "powered personal transporter" in subsection (1).]

C16

Terms “county council” and “city 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.

...

C17

Term “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 25(2), S.I. No. 214 of 2014.

Dissolution of town councils — consequential provisions

25. ...

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

...

Editorial Notes:

E55

Previous affecting provision: definition of "vehicle" inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(c), S.I. No. 255 of 2011; substituted (25.07.2012) as per F-note above.

E56

A number of statutory instruments made pursuant to s. 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 123 notes that the statutory instrument is also made pursuant to s. 3.

1 OJ No. L 127, 29.4.2014, p. 51.

Section 4

Application to persons and vehicles in the service of the State.

4

4.(1) Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.

(2) Part VI of this Act shall not apply to—

(a) a vehicle owned by the State or a person using such vehicle in the course of his employment,

(b) a vehicle under seizure by a person in the service of the State in the course of his duty or a person using such vehicle in the course of his employment, or

(c) a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder.

Section 5

General provisions with respect to regulations.

5

5.(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(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 the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E57

A number of statutory instruments made pursuant to other sections (ss. 6, 11, 12, 15, 18, 33, 42, 44, 44A, 45, 46, 65, 82, 86, 90, 95, 97, 101B, 101D, 103, 121, 122) of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of the section notes that the statutory instrument is also made pursuant to s. 5, and it is not listed here.

E58

Power pursuant to section exercised (13.09.2023) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 2023 (S.I. No. 450 of 2023).

E59

Power pursuant to section exercised (1.10.2020) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2020 (S.I. No. 385 of 2020), in effect as per reg. 1(2).

E60

Power pursuant to section exercised (11.07.2017) by Road Traffic Act 2010 (Section 44(3)) (Prescribed Notice) Regulations 2017 (S.I. No. 300 of 2017).

E61

Power pursuant to section exercised (1.06.2017) by Road Traffic Act 2010 (Section 35(6)) (Prescribed Document) Regulations 2017 (S.I. No. 245 of 2017), in effect as per reg. 2.

E62

Power pursuant to section exercised (1.06.2017) by Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017 (S.I. No. 243 of 2017), in effect as per reg. 2.

E63

Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Medical Exemption Certificate) Regulations 2017 (S.I. No. 158 of 2017).

E64

Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2017 (S.I. No. 151 of 2017), in effect as per reg. 1(2).

E65

Power pursuant to section exercised (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015).

E66

Power pursuant to section exercised (29.10.2012) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 2012 (S.I. No. 399 of 2012).

E67

Power pursuant to section exercised (17.11.2011) by Road Traffic Act 2010 (Fixed Penalty Notice - Drink Driving) Regulations 2011 (S.I. No. 595 of 2011).

E68

Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) Regulations 2011 (S.I. No. 540 of 2011).

E69

Power pursuant to subs. (1) exercised (15.12.2006) by Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006).

E70

Power pursuant to subs. (1) exercised (18.07.2006) by Road Traffic Act 2006 (Mobile Phones-Prescribed Numbers) Regulations 2006 (S.I. No. 385 of 2006).

E71

Power pursuant to section exercised (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005).

E72

Power pursuant to section exercised (1.01.2002) by Road Traffic (Licensing of Trailers and Semi-Trailers)(Amendment) (No.2) Regulations 2001 (S.I. No. 541 of 2001).

E73

Power pursuant to section exercised (1.04.2001) by Road Traffic (Licensing of Trailers and Semi-Trailers)(Amendment) Regulations 2001 (S.I. No. 75 of 2001).

E74

Power pursuant to section exercised (1.08.1998) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1998 (S.I. No. 207 of 1998).

E75

Power pursuant to section exercised (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), in effect as per reg. 2.

E76

Power pursuant to section exercised (1.11.1993) by Road Traffic (Control of Supply of Vehicles) (Amendment) Regulations 1993 (S.I. No. 301 of 1993).

E77

Power pursuant to section exercised (1.03.1991) by Road Traffic (Control of Supply of Vehicles) Regulations 1991 (S.I. No. 35 of 1991).

E78

Power pursuant to section exercised (5.12.1990) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1990 (S.I. No. 286 of 1990).

E79

Power pursuant to section exercised (27.08.1987) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1987 (S.I. No. 218 of 1987).

E80

Power pursuant to section exercised (1.06.1983) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1983 (S.I. No. 127 of 1983).

E81

Power pursuant to section exercised (1.06.1982) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 (S.I. No. 35 of 1982).

E82

Power pursuant to section exercised (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978).

E83

Power pursuant to section exercised (29.08.1974) by Road Traffic (Speed Limits)(County of Wicklow) (Amendment) Regulations 1974 (S.I. No. 263 of 1974)

E84

Power pursuant to section exercised (1.12.1967) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1967 (S.I. No. 274 of 1967).

E85

Power pursuant to section and s. 46 exercised (1.11.1967) by Road Traffic (Speed Limits) (Amendment) (No. 2) Regulations 1967 (S.I. No. 224 of 1967).

E86

Previous affecting provision: power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2011 (S.I. No. 541 of 2011); revoked (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015), reg. 5.

E87

Previous affecting provision: power pursuant to section exercised (1.01.1996) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1996 (S.I. No. 173 of 1996); revoked (1.08.1998) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1998 (S.I. No. 207 of 1998), reg. 3.

E88

Previous affecting provision: power pursuant to section exercised (17.12.1993) by Road Traffic General Bye Laws 1964 (Amendment) Regulations 1993 (S.I. No. 393 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E89

Previous affecting provision: power pursuant to section exercised (10.03.1993) by Road Traffic General Bye-Laws (Amendment) Regulations 1993 (S.I. No. 63 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E90

Previous affecting provision: power pursuant to section exercised (29.07.1991) by Road Traffic General Bye-Laws (Amendment) Regulations 1991 (S.I. No. 204 of 1991); revoked (29.09.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E91

Previous affecting provision: power pursuant to section exercised (1.01.1984) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1983 (S.I. No. 363 of 1983); superseded (27.08.1987) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1987 (S.I. No. 218 of 1987), reg. 4, in effect as per reg. 3.

E92

Previous affecting provision: power pursuant to section exercised (30.09.1983) by Road Traffic General Bye-Laws (Amendment) Regulations 1983 (S.I. No. 275 of 1983); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E93

Previous affecting provision: power pursuant to section exercised (14.10.1976) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1976 (S.I. No. 240 of 1976); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E94

Previous affecting provision: power pursuant to section exercised (28.11.1975) by Road Traffic General Bye-Laws (Amendment) Regulations 1975 (S.I. No. 281 of 1975); revoked (1.10.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E95

Previous affecting provision: power pursuant to section exercised (9.12.1974) by Road Traffic (Speed Limits) (County Borough of Dublin and County of Dublin) (Amendment) Regulations 1974 (S.I. No. 342 of 1974); revoked (28.11.1977) by Road Traffic (Speed Limits)(County Borough of Dublin and County of Dublin) Regulations 1977 (S.I. No. 358 of 1977), reg. 7.

E96

Previous affecting provision: power pursuant to section exercised (22.11.1974) by Road Traffic Act 1968 (Part V)(Amendment) Regulations 1974 (S.I. No. 336 of 1974); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E97

Previous affecting provision: power pursuant to section exercised (9.09.1974) by Road Traffic (Speed Limits) (County of Wicklow) (Amendment) Regulations 1974 (S.I. No. 263 of 1974); revoked (20.02.1978) by Road Traffic (Speed Limits)(County of Wicklow) Regulations 1978 (S.I. No. 31 of 1978), reg. 7.

E98

Previous affecting provision: power pursuant to section exercised (6.08.1974) byRoad Traffic Act 1961 (Section 103)(Offences) (Amendment) Regulations 1974(S.I. No. 246 of 1974); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.

E99

Previous affecting provision: power pursuant to section exercised (22.07.1974) by Road Traffic (Speed Limits) (County of Meath) (Amendment) Regulations 1974 (S.I. No. 230 of 1974); revoked (1.01.1977) by Road Traffic (Speed Limits)(County of Meath) Regulations 1976 (S.I. No. 300 of 1976), reg. 7.

E100

Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E101

Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E102

Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E103

Previous affecting provision: power pursuant to section exercised (1.02.1968) by Road Traffic (Speed Limits) (County of Leitrim) Regulations 1968 (S.I. No. 9 of 1968); revoked (15.07.1980) by Road Traffic (Speed Limits) (County of Leitrim) Regulations 1980 (S.I. No. 278 of 1980), reg. 7.

Section 6

Approval of bye-laws made by the Commissioner.

6

6.(1) A bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.

(2) Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified.

(3) A bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.

(4) No such bye-law as is mentioned in the foregoing subsections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.

(5) Where the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect:

(a) the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law;

(b) the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law;

(c) the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners;

(d) for the purposes of this subsection, a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of the county which is not in any borough, urban district or town.

(6) The making of representations pursuant to subsection (5) of this section shall—

(a) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and

(b) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(7) Every bye-law made under section 86 or section 88 of this Act and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Modifications (not altering text):

C18

Terms “county council” and “city 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.

...

Editorial Notes:

E104

Previous affecting provision: power pursuant to subs. (3) and s. 5 exercised (7.04.1962) by Road Traffic (Bye-Laws and Temporary Rules) (Amendment) Regulations 1962 (S.I. No. 60 of 1962); rendered obsolete by expiry of Road Traffic (Bye-laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961) in accordance with s. 89(7)(d)(c) and s. 90(7)(b)(iii).

E105

Previous affecting provision: power pursuant to subss. (1), (3) and ss. 5, 84(3), 89(4) and 90(7) exercised (28.09.1961) by Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961); expired in accordance with s. 89(4)(c) and s. 90(7)(b)(iii).

Section 7

Proof of certain bye-laws and rules.

7

7.(1) Section 4 of the Documentary Evidence Act, 1925, shall apply to every bye-law F23[and rule made under the Road Traffic Acts, 1961 to 1994.]

(2) Subsection (1) of section 6 of the Documentary Evidence Act, 1925, is hereby amended by adding to the official documents mentioned in that subsection bye-laws F23[and rules made under the Road Traffic Acts, 1961 to 1994], and the said section 6 shall have effect accordingly.

Annotations

Amendments:

F23

Substituted (22.07.1994) Road Traffic Act 1994 (7/1994), s. 49(b), S.I. No. 222 of 1994.

Section 8

Finance.

8

8.(1) All expenses incurred by any Minister or by the Commissioner in execution of the Roads Act, 1920, of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, F24[be paid out of moneys provided by the Oireachtas.]

(2) F25[]

(3) F25[]

(4) F25[]

(5) F25[]

(6) So far as may be necessary for the purposes of the transition from the repealed Act to this Act, the references to this Act in subsections (1), (2) and (4) of this section shall be construed as including references to the repealed Act.

Annotations

Amendments:

F24

Substituted (18.07.1980) by Road Fund (Winding Up) Regulations 1980 (S.I. No. 230 of 1980), reg. 2 and sch.

F25

Deleted (18.07.1980) by Road Fund (Winding Up) Regulations 1980 (S.I. No. 230 of 1980), reg. 2 and sch.

Section 9

Disposal of fees and fines.

9

9.F26[(1) Save as is otherwise expressly provided by this Act, all fees and other sums received under this Act or regulations thereunder by the Commissioner or any other member of the Garda Síochána or by an authorised person (within the meaning of section 103 of this Act) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.]

(2) Save as is otherwise expressly provided by this Act, all fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.

(3) All moneys paid into or disposed of for the benefit of the Exchequer under this section shall, for the purposes of section 2 of the Roads Act, 1920, be deemed to have been paid into the Exchequer under that Act.

Annotations

Amendments:

F26

Substituted (19.04.1995) by Road Traffic Act 1994 (7/1994), s. 47, S.I. No. 86 of 1995.

Modifications (not altering text):

C19

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 24 of 1961

Road Traffic Act 1961

Sections 9, 87(1)(e), 101(11) and (12) and 120(2)

...

...

...

Section 10

Repeals.

10

10.(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Orders, regulations, bye-laws and rules made under any enactment repealed by this Act and in force at the commencement of this section shall continue in force and be regarded as having been made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under any such order, regulation, bye-law or rule and in force at such commencement shall continue in force for the purposes of this Act.

PART II.

General Provisions relating to Vehicles.

Section 11

Regulations in relation to use of vehicles in public places.

11

11.(1) The Minister may make regulations in relation to the use of vehicles in public places.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters :

(a) the construction of vehicles;

(b) vehicle equipment;

(c) the use and misuse of vehicles and vehicle equipment;

(d) the conditions subject to which vehicles and vehicle equipment may be used;

(e) the duties of drivers of vehicles and passengers therein;

(f) the equipment of such drivers and passengers;

(g) the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles;

(h) particulars to be affixed to or painted on vehicles.

(3) Different regulations may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances and for different areas.

(4) A person shall not use in a public place a vehicle which does not comply with a regulation under this section applying in relation to the vehicle.

(5) (a) A person who contravenes subsection (4) of this section or a regulation under this section shall be guilty of an offence and, where the contravention is of the said subsection (4) and such person is not the owner of the vehicle, such owner shall also, in such cases as may be prescribed, be guilty of an offence.

(b) Where a person who contravenes subsection (4) of this section is not the owner of the vehicle and the owner is charged with an offence under this section, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

(6) In this section “vehicle equipment” includes all equipment, fittings and instruments fitted to a vehicle or carried on it, and, without prejudice to the generality of the foregoing, lights, reflectors and towing gear F27[and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred.]

Annotations

Amendments:

F27

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Modifications (not altering text):

C20

Application of section restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 61, commenced on enactment.

Restriction on application of regulations made under section 11 of Act of 1961.

61.—Regulations made under section 11 of the Act of 1961 shall not apply to a light rail vehicle.

C21

Application of regulations under section extended (27.10.1963) by Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191 of 1963), reg. 20(3)(a) and (b), as substituted (27.08.1970) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1970 (S.I. No. 200 of 1970), reg. 4.

Grant of public service vehicle licence.

[20. (1)...

(3) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner shall, subject to sub-article (4) of this article, grant the licence where he is satisfied that—

(a) where the application is for a licence for the use of a vehicle as a large public service vehicle, the vehicle complies with the regulations in operation under section 11 of the Act applicable to such vehicles,

(b) where the application is for a licence for the use of a vehicle as a public hire vehicle, the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence and that the vehicle complies with the regulations in operation under section 11 of the Act applicable to licensed public hire vehicles,

...]

Editorial Notes:

E106

Power pursuant to section exercised (18.08.2023) by Road Traffic (Spray Suppression Systems) Regulations 2023 (S.I. No. 409 of 2023).

E107

Certain offences under regulations made under section and ss. 5, 12, 13 designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(e) and sch. 5 items 1, 2, in effect as per reg. 1(2).

E108

Certain offences under regulations made under section and ss. 5, 12 designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(f) and sch. 6 part 1 items 1-3, in effect as per reg. 1(2).

E109

Certain offences under regulations made under section and s. 5 designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(g) and sch. 7 item 1, in effect as per reg. 1(2).

E110

Power pursuant to section and ss. 5 and 12 exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023.

E111

Power pursuant to section and s. 12 exercised (14.07.2017) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 (S.I. No. 320 of 2017), in effect as per reg. 2.

E112

Imposition of penalty points relating to the use of defective or worn tyres provided by Road Traffic Act 2002 (12/2002), sch. 1 part 9 as inserted (17.04.2016) by Road Traffic Act 2010, s. 54(d), commenced in part by Road Traffic Act 2010 (Section 54(D)) (Defective or Worn Tyres) (Commencement) Order 2016 (S.I. No. 168 of 2016), in effect as per reg. 2.

E113

Penalty of €80 for fixed charge offence under subs. (5) prescribed (17.04.2016) by Road Traffic (Fixed Charge Offences-Tyres) Regulations 2016 (S.I. No. 167 of 2016), in effect per reg. 2.

E114

Power pursuant to this section, ss. 12 and 13 exercised (1.01.2016) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015 (S.I. No. 354 of 2015), in effect as per reg. 2.

E115

Power pursuant to this section, ss. 12 and 13 exercised (1.01.2016) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 (S.I. No. 253 of 2014).

E116

Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014).

E117

Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 248 of 2014).

E118

Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 (S.I. No. 247 of 2014).

E119

Offence under subs. (5) declared to be a fixed charge offence in so far as it involves the driving or use of a pedal cycle and penalty prescribed (31.07.2015) by Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015 (S.I. No. 331 of 2015), regs. 3, 4, in effect as per reg. 1(2).

E120

Power pursuant to this section and s. 12 exercised (1.06.2015) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 (S.I. No. 136 of 2015), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(4), S.I. No. 392 of 2023.

E121

Offence under subs. (5) for a contravention of sub-article (2) or (3) of Article 3 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000), declared to be a fixed charge offence and penalty prescribed (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(i).

E122

Power pursuant to section exercised (2.04.2014) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 166 of 2014).

E123

Power pursuant to section exercised (1.10.2012) by Road Traffic (Driving Mirrors - Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).

E124

Certain offences under Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 ( S.I. No. 360 of 1978 ) as amended and Road Traffic (Lighting of Vehicles) Regulations 1963 (S.I. No. 189 of 1963) made under section declared to be fixed charge offences and penalties prescribed (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), reg. (5)(b), (c)(i) and schs. 2 and 3 part 1.

E125

Power pursuant to section and s. 13 exercised (2.04.2012) by Road Traffic (Special Permits for Particular Vehicles) (Amendment) Regulations 2012 (S.I. No. 105 of 2012).

E126

Power pursuant to section (1.10.2012) exercised by Road Traffic (Driving Mirrors - Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).

E127

Power pursuant to section exercised (21.12.2011) by Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2011 (S.I. No. 694 of 2011).

E128

Power pursuant to section exercised (31.10.2011) by Road Traffic (Restraint Systems in Organised Transport of Children) Regulations 2011 (S.I. No. 367 of 2011).

E129

Previous affecting provision: power pursuant to section exercised (8.06.2011) by Road Traffic (Spray-Suppression) Regulations 2011 (S.I. No. 272 of 2011); revoked (18.08.2023) by Road Traffic (Spray Suppression Systems) Regulations 2023 (S.I. No. 409 of 2023), reg. 6.

E130

Power pursuant to section exercised (1.06.2011) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2011 (S.I. No. 235 of 2011).

E131

Power pursuant to this section and s. 13 exercised (24.09.2010) by Road Traffic (Specialised Vehicle Permits) (Amendment) Regulations 2010 (S.I. No. 461 of 2010).

E132

Power pursuant to this section and s. 5 exercised (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010).

E133

Power pursuant to section exercised (21.12.2009) by Road Traffic (Display of Test Disc) Regulations 2009 (S.I. No. 548 of 2009).

E134

Power pursuant to section exercised (14.12.2009) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2009 (S.I. No. 487 of 2009).

E135

Power pursuant to this section and s. 13 exercised (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009).

E136

Power pursuant to section exercised (1.11.2008) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 (S.I. No. 366 of 2008).

E137

Power pursuant to section exercised (29.04.2008) by Road Traffic (Retreaded Tyres) Regulations 2008 (S.I. No. 118 of 2008).

E138

Power pursuant to section exercised (5.09.2007) by Road Traffic (Components and Separate Technical Units) (Two and Three Wheel Motor Vehicle) Regulations 2007 (S.I. No. 629 of 2007).

E139

Power pursuant to section exercised (1.07.2007) by Road Traffic (Components and Separate Technical Units) Regulations 2007 (S.I. No. 375 of 2007).

E140

Power pursuant to section exercised (31.05.2006) by Road Traffic (Requirement to Have Audible Warning Devices on Vehicles) Regulations 2006 (S.I. No. 340 of 2006).

E141

Power pursuant to section exercised (31.05.2006) by Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) Regulations 2006 (S.I. No. 342 of 2006).

E142

Power pursuant to section exercised (20.01.2005) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2005 (S.I. No. 12 of 2005).

E143

Power pursuant to this section and s. 5 exercised (17.12.2004) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2004 (S.I. No. 858 of 2004).

E144

Power pursuant to section exercised (1.07.2004) by Road Traffic (Removal of Exemption From Wearing Seat Belts by Taxi Drivers) Regulations 2004 (S.I. No. 402 of 2004).

E145

Power pursuant to this section and s. 5 exercised (18.03.2004) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2004 (S.I. No. 99 of 2004).

E146

Power pursuant to this section, ss. 12 and 13 exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003). Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023.

E147

Power pursuant to this section, ss. 5 and 12 exercised (20.02.2002) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2002 (S.I. No. 51 of 2002).

E148

Power pursuant to this section, ss. 5 and 12 exercised (13.07.2000) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000).

E149

Power pursuant to this section, ss. 5 and 12 exercised (30.09.1997) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1997 (S.I. No. 404 of 1997).

E150

Power pursuant to this section and s. 5 exercised (23.05.1996) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1996 (S.I. No. 137 of 1996).

E151

Power pursuant to this section and s. 5 exercised (23.05.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1996 (S.I. No. 138 of 1996).

E152

Power pursuant to this section, ss. 5 and 12 exercised (23.05.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 4) Regulations 1996 (S.I. No. 139 of 1996).

E153

Power pursuant to this section and s. 5 exercised (5.02.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1996 (S.I. No. 26 of 1996).

E154

Power pursuant to this section and s. 5 exercised (5.02.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1996 (S.I. No. 27 of 1996).

E155

Power pursuant to this section and s. 5 exercised (1.02.1994) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1994 (S.I. No. 3 of 1994).

E156

Power pursuant to this section and s. 5 exercised (1.12.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1993 (S.I. No. 322 of 1993).

E157

Power pursuant to this section, ss. 5 and 12 exercised (1.12.1992) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1992 (S.I. No. 325 of 1992).

E158

Power pursuant to this section and s. 5 exercised (1.04.1992) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1991 (S.I. No. 358 of 1991).

E159

Power pursuant to this section and s. 5 exercised (20.12.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 (S.I. No. 359 of 1991).

E160

Power pursuant to this section and s. 5 exercised (1.11.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1991 (S.I. No. 273 of 1991).

E161

Power pursuant to this section and s. 5 exercised (8.07.1991) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1991 (S.I. No. 182 of 1991).

E162

Power pursuant to this section and s. 5 exercised (1.04.1991) by Road Traffic (Speed Meter Detectors) Regulations 1991 (S.I. No. 50 of 1991).

E163

Power pursuant to this section and s. 5 exercised (1.01.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1990 (S.I. No. 319 of 1990).

E164

Power pursuant to this section and s. 5 exercised (17.10.1989) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1989 (S.I. No. 267 of 1989).

E165

Power pursuant to this section and s. 5 exercised (17.10.1989) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1989 (S.I. No. 266 of 1989).

E166

Power pursuant to this section and s. 5 exercised (1.07.1986) by Road Traffic (Insurance Disc) (Amendment) Regulations 1986 (S.I. No. 227 of 1986).

E167

Power pursuant to this section, ss. 5 and 13 exercised (6.06.1985) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1985 (S.I. No. 158 of 1985).

E168

Power pursuant to this section and s. 5 exercised (1.07.1984) by Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984).

E169

Power pursuant to this section, ss. 5 and 12 exercised (30.09.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1983 (S.I. No. 278 of 1983).

E170

Power pursuant to this section and s. 5 exercised (31.07.1981) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1981 (S.I. No. 270 of 1981).

E171

Power pursuant to this section and s. 5 exercised (28.09.1979) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1979 (S.I. No. 328 of 1979).

E172

Power pursuant to this section and s. 5 exercised (1.02.1979) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 (S.I. No. 360 of 1978).

E173

Power pursuant to this section and s. 5 exercised (27.09.1974) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1974 (S.I. No. 297 of 1974).

E174

Power pursuant to this section and s. 5 exercised (15.03.1971) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1971 (S.I. No. 96 of 1971).

E175

Power pursuant to this section and s. 5 exercised (18.09.1970) by Road Traffic (Construction Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1970 (S.I. No. 211 of 1970).

E176

Power pursuant to this section and s. 5 exercised (1.09.1970) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1969 (S.I. No. 138 of 1969).

E177

Power pursuant to this section and s. 5 exercised (23.05.1969) by Road Traffic (Construction Equipment and Use of Vehicles) (Amendment) Regulations 1969 (S.I. No. 94 of 1969).

E178

Power pursuant to this section and s. 5 exercised (1.12.1967) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1967 (S.I. No. 273 of 1967).

E179

Power pursuant to this section and s. 5 exercised (13.02.1967) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1967 (S.I. No. 32 of 1967).

E180

Power pursuant to this section and s. 5 exercised (20.04.1965) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1965 (S.I. No. 79 of 1965).

E181

Power pursuant to this section and s. 5 exercised (27.10.1963) by Road Traffic (Lighting of Vehicles) Regulations 1963 (S.I. No. 189 of 1963).

E182

Power pursuant to this section, ss. 5, 12 and 13 exercised (27.10.1963) by Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 (S.I. No. 190 of 1963).

E183

Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b)-(d), sch. 2 part 1, sch. 3 part 1 and sch. 4 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E184

Previous affecting provision: power pursuant to section exercised (21.12.2011) by Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) (Amendment) Regulations 2011 (S.I. No. 695 of 2011); revoked (1.01.2021) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2020 (S.I. No. 639 of 2020), reg. 6, in effect as per reg. 1(2).

E185

Previous affecting provision: power pursuant to section exercised (1.01.2009) by Road Traffic (Driving Mirrors Additional Requirements for Heavy Goods Vehicles) Regulations 2008 (S.I. No. 312 of 2008); revoked (1.10.2012) by Road Traffic (Driving Mirrors - Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).

E186

Previous affecting provision: certain offences under section declared fixed charge offences (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), regs. 4 and 5, in effect as per reg. 2; revoked (31.07.2015) by Road Traffic (Fixed Charge Offences) (Prescribed Notice and Document) Regulations 2015 (S.I. No. 333 of 2015), reg. 5(a), in effect as per reg. 1(2).

E187

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003); revoked (4.01.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(a).

E188

Previous affecting provision: power pursuant to this section and s. 5 exercised (19.03.2002) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 (S.I. No. 93 of 2002); revoked (21.12.2011) by Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2011 (S.I. No. 694 of 2011).

E189

Previous affecting provision: certain offences under section declared fixed charge offences (25.08.2003) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003 (S.I. No. 322 of 2003), reg. 3; revoked and superseded (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(c) as per E-note above.

E190

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.03.2002) by Road Traffic (National Car Test) (Amendment) Regulations 2002 (S.I. No. 55 of 2002); revoked (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 17(b).

E191

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001); revoked (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 17(a).

E192

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.07.2001) by Road Traffic (National Car Test) (No 2) Regulations 2001 (S.I. No. 298 of 2001); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.

E193

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (12.02.2001) by Road Traffic (National Car Test) Regulations 2001 (S.I. No. 32 of 2001); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.

E194

Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (21.11.2000) by Road Traffic (National Car Test) Regulations 2000 (S.I. No. 368 of 2000); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.

E195

Previous affective provision: power pursuant to this section, ss. 5, 18 and 123 exercised (4.01.2000) by Road Traffic (Car Testing) Regulations 1998 (S.I. No. 481 of 1998), revoked before coming into operation (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), reg. 1(2).

E196

Previous affecting provision: power pursuant to this section and s. 5 exercised (25.02.1998) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1998 (S.I. No. 48 of 1998); revoked (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010), reg. 2(c).

E197

Previous affecting provision: application of subs. (5)(b) not restricted (20.10.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 (S.I. No. 299 of 1993), reg. 6; revoked (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005), reg. 2.

E198

Previous affecting provision: power pursuant to this section and s. 5 exercised (20.10.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 (S.I. No. 299 of 1993); revoked (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005), reg. 2.

E199

Previous affecting provision: power pursuant to this section, ss. 5 and 12 exercised (1.01.1987) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1986 (S.I. No. 442 of 1986); revoked (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003), reg. 61(1)(b).

E200

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.1986) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1985 (S.I. No. 157 of 1985); revoked (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014), in effect as per reg. 2.

E201

Previous affecting provision: power pursuant to this section, ss. 5 and 12 exercised (5.05.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1983 (S.I. No. 119 of 1983); revoked (30.09.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1983 (S.I. No. 278 of 1983), reg. 6.

E202

Previous affecting provision: power pursuant to this section and s. 5 exercised (25.10.1978) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1978 (S.I. No. 291 of 1978); revoked (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010), reg. 2(b).

E203

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.09.1970) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1970 (S.I. No. 128 of 1970); revoked (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014).

Section 12

Maximum weights.

12

12.(1) The Minister may make regulations for all or any of the following purposes:

(a) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;

(b) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;

(c) specifying the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn thereby;

(d) specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained.

(2) Different regulations may be made under this section—

(a) in respect of different classes of vehicles or of combinations of vehicles,

(b) for different circumstances.

(3) A person shall not use on a public road—

(a) a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination,

(b) a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination F28[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle or combination], or

(c) a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle F28[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle].

F29[(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.

(b) A person who is guilty of an offence under this section shall be liable on summary conviction to F30[a fine not exceeding 2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]

F31[(4A) Where a person contravenes subsection (3)(b) of this section and the load or loads were consigned to such person by one consignor alone, that consignor shall be guilty of an offence.

(4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove

(a) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or

(b) that an estimate of the laden weight of the vehicle or combination of vehicles carried out by the consignor prior to the dispatch of the goods indicated that the weight of the vehicle or combination of vehicles did not exceed the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination of vehicles.

(4C) In this section "consignor" means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles.]

(5) Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised.

Annotations

Amendments:

F28

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F29

Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(2), commenced on enactment.

F30

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 1, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F31

Inserted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 17(1), S.I. No. 264 of 1999.

Editorial Notes:

E204

A number of statutory instruments made pursuant to s. 11 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 11 notes that the statutory instrument is also made pursuant to s. 12. These statutory instruments are not separately listed under this section.

E205

Offence under section designated fixed charge offence and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(a) and sch. 1 item 3, in effect as per reg. 1(2).

E206

Power pursuant to section and ss. 5 and 11 exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023.

E207

Power pursuant to this section and s. 11 exercised (1.06.2015) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 (S.I. No. 136 of 2015), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(4), S.I. No. 392 of 2023.

E208

Power pursuant to section exercised (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014).

E209

Power pursuant to section exercised (1.04.2013) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 (S.I. No. 43 of 2013).

E210

Penalty points in respect of certain offences under section relating to exceeding maximum weights, on payment of fixed charge and on conviction, imposed (3.08.2012) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1, S.I. No. 296 of 2012.

E211

Certain offences under Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003), made under this section, declared to be fixed charge offences and amounts set for fixed charges in respect of contravention (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), reg. (5)(a) and sch. 1.

E212

Additional penalty prescribed for offence under section (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 15(1) and table, S.I. No. 169 of 1968, as amended by substitution of subs. (1) (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(3), commenced on enactment, and as last amended by substitution of table (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 84, S.I. No. 255 of 2011.

E213

Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(a) and sch. 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E214

Previous affecting provision: power pursuant to section exercised (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011); revoked (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014), reg. 3.

E215

Previous affecting provision: power pursuant to section exercised (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011); revoked (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011).

E216

Previous affecting provision: power pursuant to section exercised (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010); revoked (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011), reg. 3.

E217

Previous affecting provision: power pursuant to section exercised (23.12.2009) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2009 (S.I. No. 576 of 2009); revoked (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010), reg. 3.

E218

Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008); revoked (23.12.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 576 of 2009), reg. 3.

E219

Previous affecting provision: power pursuant to section exercised (18.12.2007) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2007 (S.I. No. 829 of 2007); revoked (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008), reg. 3.

E220

Power pursuant to this section, ss. 11 and 13 exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003). Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023.

E221

Previous affecting provision: fine in subs. (4) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1, ref. no. 1, S.I. No. 491 of 2002. Fine increased as per above F-note.

E222

Previous affecting provision: offence under section declared to be offence to which s. 103 applies and penalty prescribed (1.12.1996) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1996 (S.I. No. 319 of 1996), regs. 4(2), 6(b), in effect as per reg. 2; revoked (1.10.1997) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1997 (S.I. No. 396 of 1997), reg. 7.

Section 13

Special permits for particular vehicles.

13

13.(1) The Minister may make regulations for all or any of the following purposes:

(a) the issue of special permits authorising particular vehicles or combinations of vehicles which contravene one or more regulations under section 11 or 12 of this Act to be used notwithstanding such contravention;

(b) specifying the limitations, restrictions and conditions which are to be, or may be, inserted in the special permits, including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to public roads which may arise from the use of the vehicles or combinations of vehicles to which the special permits relate;

(c) specifying the persons by whom the special permits may be issued;

(d) specifying the manner in which applications for the special permits are to be made.

(2) Notwithstanding anything contained in this Part of this Act, the use of a vehicle or combination of vehicles under and in accordance in all respects with a special permit issued in respect of the vehicle or combination under regulations under this section shall not constitute an offence under section 11 or 12 (as the case may be) of this Act.

Annotations

Editorial Notes:

E223

A number of statutory instruments made pursuant to s. 11 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 11 note that the statutory instrument is also made pursuant to s. 13. These statutory instruments are not separately listed under this section.

E224

Power pursuant to section exercised (13.06.2007) by Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 (S.I. No. 283 of 2007).

E225

Power pursuant to this section, ss. 11 and 12 exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003). Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023.

Section 14

Weight unladen.

14

14.(1) For the purposes of this Act, the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, but exclusive of the weight of water, fuel or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.

(2) For the purposes of subsection (1) of this section—

(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:

(i) a body,

(ii) a part,

(iii) a fitting,

(iv) a receptacle,

(b) in a case in which there is one addition only, the reference to all additions shall be construed as a reference to that addition,

(c) in a case in which, there being two additions (and not more), on no occasion are both of them used, the reference to all additions shall be construed as a reference to the heavier only of the additions or, where they are of equal weight, to one of them only,

(d) in a case in which, there being three or more additions, on no occasion are all of them used, the reference to all additions shall be construed as a reference to the heaviest combination of the additions which is used on any occasion.

(3) In a case coming within paragraph (d) of subsection (2) of this section, where one only of the additions is used on a particular occasion, “combination of the additions” in that paragraph shall, in relation to that occasion, be taken as referring to that addition.

(4) (a) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall, subject to the next paragraph, be a receptacle for the purposes of the foregoing subsections of this section.

(b) Anything so placed is excepted from the foregoing paragraph if in relation to no journey are goods or burden of any other description both loaded into and unloaded from it without its being removed from the vehicle or combination.

(5) In a prosecution under this Act, the onus of proving that anything comes within the exception specified in subsection (4) of this section shall lie on the defendant.

Annotations

Amendments:

F32

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 17(a), (b), not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: subs. (1) amended and subs. (1A) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 17(a), (b), not commenced as of date of revision.

14.(1) For the purposes of this Act, F32[subject to subsection (1A),] the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, but exclusive of the weight of water, fuel or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.

F32[(1A) Where a vehicle referred to in subsection (1) is a powered personal transporter and has an accumulator that is a battery, the weight of the accumulator shall be considered to be included in the weight unladen of the powered personal transporter.]

Section 15

Weighbridges.

15

15.(1) (a) A road authority may declare any weighbridge (whether maintained by them or not, whether within or outside their functional area and whether a road traffic weighbridge or not) to be an appointed weighbridge for the purposes of this Act, and every weighbridge so declared shall be known and is in this Act referred to as an appointed weighbridge.

(b) Any such declaration may be revoked by a subsequent declaration made by the same road authority.

(c) Where a road authority make a declaration under this subsection, they shall give the prescribed notice to the public of the making of the declaration.

(2) A road authority may (and, if required by the Minister, shall) provide on or adjacent to any public road in their charge a weighbridge of such dimensions, power, design and construction as may be approved of by the Minister.

(3) Every road authority owning a weighbridge erected under an enactment repealed by the repealed Act, under the repealed Act or under this section shall maintain the weighbridge in good condition and proper order and shall make the weighbridge available for the weighing of vehicles and their loads at all reasonable times.

(4) A weighbridge maintained under subsection (3) of this section shall be known and is in this Act referred to as a road traffic weighbridge.

(5) The road authority by whom a road traffic weighbridge is maintained may charge for weighings on the weighbridge (except weighings requisitioned under this Act by a member of the Garda Síochána or an officer of a road authority F33[or an officer of the Minister]) such fees as they may fix from time to time.

(6) A road authority may contribute, on such conditions as they think fit, to the cost of the provision, maintenance or operation of an appointed weighbridge other than a road traffic weighbridge provided by themselves.

(7) (a) A road authority may acquire and operate a weighbridgewhich is transportable and may make it available for use by members of the Garda Síochána F33[or an officer of the Minister].

(b) References in this Act to a mobile weighbridge are to a weighbridge under this subsection.

Annotations

Amendments:

F33

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Editorial Notes:

E226

Power pursuant to this section and s. 5 exercised (12.10.1963) by Road Traffic (Weighbridges) Regulations 1963 (S.I. No. 192 of 1963).

Section 16

Requirements with respect to weighing.

16

16.(1) Where an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road and he suspects that the weight laden of the vehicle or combination or the weight transmitted to the ground by any part of the vehicle or combination is such that the use of the vehicle or combination constitutes an offence under this Act—

(a) in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination—

(i) to permit the officer to ascertain by means of the mobile weighbridge the weight transmitted to the ground by any part of the vehicle or combination with the load or loads (if any) thereon; and

(ii) to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment;

(b) in any other case, the officer may require the person in charge of the vehicle or combination to do all or any of the following things:

(i) forthwith to bring the vehicle or combination with the load or loads (if any) thereon to any appointed weighbridge named by the officer and not more than F34[25 kilometres] distant by the shortest available route from the place at which the requisition is made;

(ii) to carry the officer to the weighbridge in the vehicle or combination;

(iii) to cause the vehicle (or any part thereof) or combination (or any part thereof) with the load or loads (if any) thereon to be weighed on the weighbridge in the presence of the officer.

(2) Where—

(a) an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road,

(b) the officer suspects that the weight unladen of the vehicle or combination is such that use of the vehicle or combination constitutes an offence under this Act, and

(c) the vehicle or combination either has no load or has a load or loads which can be unloaded without undue inconvenience, the officer may require the person in charge of the vehicle or combination to do all or any of the following things:

(i) forthwith to bring the vehicle or combination, inclusive of all additions with it on the said occasion, to any appointed weighbridge named by the officer and not more than F34[25 kilometres] distant by the shortest available route from the place at which the requisition is made;

(ii) to carry the officer to the weighbridge in the vehicle or combination;

(iii) to unload the vehicle or combination if it has a load or loads;

(iv) to cause the vehicle or combination, inclusive of all additions with it on the said occasion, to be weighed on the weighbridge in the presence of the officer.

(3) For the purposes of subsection (2) of this section—

(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:

(i) a body,

(ii) apart,

(iii) a fitting,

(iv) a receptacle,

(b) in a case in which there is one addition only, any reference to all additions shall be construed as a reference to that addition.

(4) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall be a receptacle for the purposes of subsections (2) and (3) of this section.

F35[(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to F36[a fine not exceeding 2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]

(6) Where a weighing is, consequent upon a requirement under this section, carried out on an appointed weighbridge not maintained by a road authority, the fee for the weighing shall be recouped to the person paying it by—

(a) in case the weighbridge was declared to be an appointed weighbridge by one road authority only—that authority, and

(b) in any other case—by such one of the road authorities by whom the weighbridge was declared to be an appointed weighbridge as may be agreed upon between those authorities or, in default of agreement, as may be determined by the Minister.

(7) (a) In this section “authorised officer” means—

(i) a member of the Garda Síochána, or

(ii) an officer F37[or a servant] of the road authority charged with the maintenance of the public road on which the vehicle or combination of vehicles is observed, authorised by that authority as an authorised officer for the purposes of this section.

F37[or

(iii) an officer of the Minister authorised by the Minister as an authorised officer for the purposes of this section.]

(b) Where a person appointed to be an authorised officer for the purposes of this section makes a requirement under this section, he shall, if requested by the person to whom the requirement is addressed, produce his authorisation as such officer for examination by that person.

Annotations

Amendments:

F34

Substituted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 17(2), S.I. No. 264 of 1999.

F35

Substituted (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(3), commenced on enactment.

F36

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, part 1 ref. no. 2, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F37

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Modifications (not altering text):

C23

Application of section extended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 16, S.I. No. 169 of 1968.

Extension of powers of authorised officer under section 16 of Principal Act.

16.—(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended—

(a) to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and

(b) to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as—

(i) the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or

(ii) the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road.

(2) A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).

Section 17

Expenses of extraordinary traffic.

17

17.(1) Where it appears to the road authority charged with the maintenance of a public road that, having regard to the average expense of repairing that road, extraordinary expenses have been or will be incurred in repairing the road by reason of the damage caused by excessive weight passing along the road or other extraordinary traffic thereon, the amount of the extraordinary expenses shall be paid to the road authority by the person by whom or in consequence of whose order such weight or traffic has been conducted and, in default of that amount being so paid, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(2) Subsection (1) of this section shall have effect subject to the following provisos:

(a) any person required by the subsection to pay extraordinary expenses may enter into an agreement with a road authority for the payment to them of a composition in respect of the relevant weight or traffic and, on paying the composition, shall not be liable under the subsection;

(b) the subsection shall be construed as not applying to damage caused as a result of—

(i) Córas Iompair Éireann carrying on a passenger road service,

(ii) a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932, or

(iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933;

(c) proceedings under the subsection shall be commenced within twelve months after the time at which the damage was done, or, where the damage is in consequence of any particular building contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work;

(d) in any such proceedings the amount for which judgment may be given shall be the amount of the expenses shown to the satisfaction of the court to have been or to be likely to be incurred by the road authority by reason of the damage from the extraordinary traffic.

F38[(3) The jurisdiction relating to the recovery under this section of the amount of any extraordinary expenses incurred by a road authority in repairing a road shall, concurrently with the High Court, be exercised at the election of the plaintiff by

(a) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the damage was done, or

(b) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the defendant or one of the defendants resides or carries on business.]

Annotations

Amendments:

F38

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Section 18

Tests of mechanically propelled vehicles.

18

18.(1) A person shall not use in a public place a F39[] vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.

(2) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F40[a fine not exceeding 2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a test certificate then and there, or

(b) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(4) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

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

(6) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.

(7) The owner of a F39[] vehicle to which this section applies may apply to the issuing authority for a F41[certificate referred to in paragraph (a) of the definition of "test certificate" in section 3] in respect of the vehicle.

(8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid—

(a) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section,

(b) in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate F42[] certifying such compliance,

(c) in case the issuing authority is not so satisfied—

(i) the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal,

(ii) if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle.

(9) The Minister may make regulations for the purpose of giving effect to this section.

(10) Regulations under this section may, in particular and without prejudice to the generality of subsection (9) of this section, make provision for all or any of the following matters:

(a) the classes of F39[] vehicles to which this section applies;

(b) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances;

(c) the specifying of the persons to be issuing authorities for the purposes of this section;

(d) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section;

(e) the specifying of the persons by whom new tests directed pursuant to subparagraph (ii) of paragraph (c) of subsection (8) of this section are to be carried out;

(f) the making of applications for F43[certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and the specifying of conditions subject to which such applications may be made;

(g) the fees to be paid by applicants for F43[certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and the disposition of such fees;

(h) the requirements in respect of which tests are to be carried out;

(i) the nature of tests;

(j) the manner in which, the conditions under which and the apparatus with which tests are to be carried out;

(k) the maintenance of apparatus used for carrying out tests;

(l) powers of inspection of premises and apparatus used for testing F39[] vehicles;

F44[(m) the keeping, by the issuing authority or other persons specified in the regulations, of records in relation to tests, and the disclosure of such records relating to a vehicle to the owner of the vehicle, or to a person nominated by the owner;]

(n) F45[the form of certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and period of validity of test certificates;

(o) the delegation by issuing authorities to specified persons of the functions of such authorities F46[under paragraphs (b) and (c) of subsection (8);]

F47[(p) the verification of the validity of a test certificate where there is doubt as to the validity of the certificate.]

(11) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.

(13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act.

Annotations

Amendments:

F39

Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F40

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1, ref. no. 3, S.I No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F41

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(i).

F42

Deleted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(ii).

F43

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(I).

F44

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(b), S.I. No. 392 of 2023.

F45

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(II).

F46

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(III).

F47

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(IV).

Editorial Notes:

E227

A number of statutory instruments made pursuant to ss. 11 and 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of those sections notes that the statutory instrument is also made pursuant to s. 18. These statutory instruments are not separately listed under this section.

E228

Power pursuant to subss. (9)-(11) exercised (16.05.2023) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2023 (S.I. No. 242 of 2023).

E229

Power pursuant to section exercised (17.01.2023) by Road Traffic (National Car Test) (Amendment) Regulations 2023 (S.I. No. 4 of 2023).

E230

Offence under subs. (2) designated fixed charge offence and penalty prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022(S.I. No. 526 of 2022), regs. 3, 4(f) and sch. 6 part 1 item 4, in effect as per reg. 1(2).

E231

Power pursuant to section exercised (21.06.2021) by Road Traffic (National Car Test) (Amendment) Regulations 2021 (S.I. No. 289 of 2021), in effect as per reg. 1(2).

E232

Power pursuant to section exercised (27.11.2020) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2020 (S.I. No. 555 of 2020).

E233

Power pursuant to section exercised (20.04.2020) by Road Traffic (National Car Test) (Amendment) Regulations 2020 (S.I. No. 132 of 2020).

E234

Power pursuant to section exercised (20.05.2018 and 1.01.2020) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), in effect as per 1(2).

E235

Offence under subs. (2) designated a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(ii).

E236

Penalty points in respect of using a vehicle without a test certificate imposed on conviction (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 2, S.I. No. 149 of 2009.

E237

Power pursuant to this section and s. 5 exercised (1.11.2002) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2002 (S.I. No. 500 of 2002).

E238

Previous affecting provision: offence under subs. (2) (using a vehicle without a test certificate) designated a fixed charge offence for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(c) and sch. 3 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E239

Previous affecting provision: power pursuant to section exercised (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), in effect as per reg. 1(2); revoked (20.05.2018) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), reg. 20, in effect as per 1(2).

E240

Previous affecting provision: power pursuant to section exercised (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(f), in effect as per reg. 1(2).

E241

Previous affecting provision: power pursuant to section exercised (4.02.2013) by Road Traffic (National Car Test) (Amendment) Regulations 2013 (S.I. No. 10 of 2013); revoked (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013), reg. 4.

E242

Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012 (S.I. No. 104 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(e), in effect as per reg. 1(2).

E243

Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2012 (S.I. No. 103 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(d), in effect as per reg. 1(2).

E244

Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2011 (S.I. No. 711 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(c), in effect as per reg. 1(2).

E245

Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2011 (S.I. No. 623 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(b), in effect as per reg. 1(2).

E246

Previous affecting provision: power pursuant to section exercised (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(a), in effect as per reg. 1(2).

E247

Previous affecting provision: power pursuant to section exercised (30.04.2009 and 25.11.2009) by Road Traffic (Driving Instructor Licensing) Regulations 2009 (S.I. No. 146 of 2009); revoked (3.06.2009) by Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009 (S.I. No. 203 of 2009), reg. 51.

E248

Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (National Car Test) (Amendment) Regulations 2008 (S.I. No. 588 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(b).

E249

Previous affecting provision: power pursuant to section exercised (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(c).

E250

Previous affecting provision: power pursuant to section exercised (1.03.2005) by Road Traffic (National Car Test) (Amendment) Regulations 2005 (S.I. No. 62 of 2005); revoked (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008), reg. 3.

E251

Previous affecting provision: application of section extended (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 3, in operation as per reg. 1(2); revoked and superseded (4.01.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(a).

E252

Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 3, S.I. No. 491 of 2002. Fine increased as per above F-note.

E253

Previous affecting provision: application of section extended (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), regs. 3 and 4, in effect as per reg. 1(2); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20, in effect as per reg. 1(2).

E254

Previous affective provision: application of section extended (4.1.2000 and other dates) by Road Traffic (Car Testing) Regulations 1998 (S.I. No. 481 of 1998), reg. 3, in operation as per reg. 1(2); revoked before coming into operation and superseded (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), reg. 1(2).

E255

Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(1) and table, ref. no. 10, commenced on enactment. Fine increased as per above E-note.

Section 19

Production of test certificate on demand.

19

19.(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a F48[] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—

(i) he did not use the vehicle, or

(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a F48[] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a test certificate in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—

(i) that the vehicle was not used on the occasion in question, or

(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

(3) Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.

(4) Where a person whose name and address is demanded under subsection (3) of this section refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.

Annotations

Amendments:

F48

Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Section 20

Powers of occasional examination, inspection and test.

20

20.(1) Where a member of the Garda Síochána observes a mechanically propelled vehicle or combination of vehicles in a public place and he suspects that there is a defect affecting the vehicle or combination which is such that it is, when in use, a danger to the public or, in the case of a public service vehicle, there is a defect affecting it which is such that either it is a danger to the public or it is rendered unfit for the carriage of passengers, he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may do all such things and make all such requirements in relation to it as are reasonably necessary.

(2) For the purposes of subsection (1) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—

(a) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this section and not more than five miles distant by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination,

(b) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,

(c) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven,

(d) carry out or cause to be carried out such tests as the member considers reasonable.

(3) Where a member of the Garda Síochána has, F49[consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a mechanically propelled vehicle, or] consequent upon having inspected and examined under this section a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—

(a) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,

(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(4) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a public service vehicle, reasonable grounds for believing that there is a defect (other than a defect referred to in subsection (3) of this section) affecting it which is such that it is rendered unfit for the carriage of passengers, he may—

(a) instruct the person in charge that it is not to be used for the carriage of passengers for reward until the defect is remedied,

(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(5) Where a member of the Garda Síochána has, F50[consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a vehicle drawn by a mechanically propelled vehicle, or] consequent upon having inspected and examined under this section a vehicle drawn by a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—

(a) instruct the person in charge that the vehicle is not to be drawn in a public place by a mechanically propelled vehicle until the defect is remedied,

(b) require the person in charge or the owner to submit the vehicle for a further examination and test at a specified time and place.

(6) A member of the Garda Síochána may test any pedal cycle and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle as are reasonably necessary.

(7) For the purposes of subsection (6) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—

(a) drive any pedal cycle for a reasonable time and distance,

(b) require any person in charge of a pedal cycle to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs.

(8) Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle, reasonable grounds for believing that it has a dangerous defect, he may—

(a) instruct the person in charge of the cycle that it is not to be driven in a public place until the defect is remedied,

(b) require such person to submit the cycle for a further test at a specified time and place.

(9) A person who, in a case in which a requirement under subsection (1), (2), (6) or (7) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(10) (a) A person who, in a case in which an instruction under subsection (3) of this section that a vehicle is not to be driven in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence and shall be liable on summary conviction to F51[a fine not exceeding 2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(11) (a) A person who, in a case in which a requirement under subsection (3) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(12) (a) A person who, in a case in which an instruction under subsection (4) of this section that a vehicle is not to be used for the carriage of passengers until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so uses it or causes or permits it to be so used before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(13) (a) A person who, in a case in which a requirement under subsection (4) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(14) (a) A person who, in a case in which an instruction under subsection (5) of this section that a vehicle drawn by a mechanically propelled vehicle is not to be so drawn in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so draws it or causes or permits it to be so drawn before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(15) (a) A person who, in a case in which a requirement under subsection (5) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(16) (a) A person who, in a case in which an instruction under subsection (8) of this section that a cycle is not to be driven in a public place until a defect is remedied has been given or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, the cycle had not a dangerous defect.

(17) (a) A person who, in a case in which a requirement under subsection (8) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, the cycle had not a dangerous defect.

(18) Where a requirement is made under subsection (3), (4), (5) or (8) of this section—

(a) the person required shall have the right to be present at the examination and, if he exercises this right—

(i) he shall be afforded an opportunity of observing the examination,

(ii) he shall have the further right to bring with him to the examination another person selected by him and, if he exercises this right, the person accompanying him shall also be afforded an opportunity of observing the examination,

(b) if he does not exercise his right to be present at the examination, he shall have the right to be represented at it by another person selected by him and, if he exercises this right, the person representing him shall be afforded an opportunity of observing the examination.

In this subsection “examination” includes “test”.

Annotations

Amendments:

F49

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968). s. 6 and sch., S.I. No. 169 of 1968.

F50

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F51

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 4, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3)and table ref. no. 1, S.I. No. 662 of 2010.

F52

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 18(a)-(e), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subss. (6)-(8), (16), (17) amended by Road Traffic and Roads Act 2023 (16/2023), s. 18(a)-(e), not commenced as of date of revision.

(6) A member of the Garda Síochána may test any pedal cycle F52[or powered personal transporter] and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle F52[or transporter] as are reasonably necessary.

(7) For the purposes of subsection (6) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—

(a) drive any pedal cycle F52[or powered personal transporter] for a reasonable time and distance,

(b) require any person in charge of a pedal cycle F52[or powered personal transporter] to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs.

(8) Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle F52[or a powered personal transporter], reasonable grounds for believing that it has a dangerous defect, he may—

(a) instruct the person in charge of the cycle F52[or transporter] that it is not to be driven in a public place until the defect is remedied,

(b) require such person to submit the cycle F52[or transporter] for a further test at a specified time and place.

...

(16) (a) A person who, in a case in which an instruction under subsection (8) of this section that a cycle F52[or transporter] is not to be driven in a public place until a defect is remedied has been given or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, the cycle F52[or transporter] had not a dangerous defect.

(17) (a) A person who, in a case in which a requirement under subsection (8) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, the cycle F52[or transporter] had not a dangerous defect.

...

Editorial Notes:

E256

Penalty points in respect of driving vehicle before remedying dangerous defect under subs. (10) imposed on conviction (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 3, S.I. No. 149 of 2009.

E257

Previous affecting provision: fine in subs. (10)(a) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 4, S.I. No. 491 of 2002. Fine increased as per F-note above.

E258

Previous affecting provision: fine in subs. (10)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 11, commenced on enactment. Fine increased as per E-note above.

PART III.

Driving Licences.

Annotations

Modifications (not altering text):

C25

Power of Minister to access information for grant of licences under Part extended (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(1)(f), S.I. No. 764 of 2005, as amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 21, S.I. No. 648 of 2010. Subsection further amended by Civil Registration Act 2014 (34/2014), s. 29(a) and (c), not commenced as of date of revision.

Power of Ard-Chláraitheoir to give information to others.

66.—(1) Notwithstanding anything contained in the Data Protection Acts 1988 to 2003 or any other enactment, an tArd-Chláraitheoir may, after consultation with [...] the Minister for Social and Family Affairs, give such information as may be prescribed in relation to births, [marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership], registered under this Act or under any of the repealed enactments to—

...

(f) the Minister for Transport for the purpose of the grant of driving licences and provisional licences under Part III of the Road Traffic Act 1961,

...

C26

Application of Part III (ss. 21-44) modified (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 9(2), commenced as per art. 2.

Driving Licence or Permit.

9. ...

(2) Part III of the Road Traffic Act, 1961 modified as follows, shall apply in respect of the driving permit of a visitor in like manner as it applies in respect of a driving licence—

(a) Sections 22, 23, 24, 25, subsection (2) of section 28, subsections (2) and (3) of section 31, sections 36 and 39 and subsection (5) of section 40 shall not apply to a driving permit.

(b) Notwithstanding the provisions of section 30 with respect to the suspension of a driving licence, whenever a visitor who holds a driving permit is disqualified under section 26, 27 or 28 for holding any driving licence in respect of a category or categories of mechanically propelled vehicles comprising any vehicle which the driving permit licenses him to drive, the driving permit shall stand suspended.

(c) An order under section 26 or 27 disqualifying a person for holding a driving licence during a specified period and thereafter until the person produces a certificate of competency shall not be made, and the appropriate authority for the purpose of those sections shall be the Automobile Association.

(d) An application for an order under subsection (1) of section 28 may be made to any Justice of the District Court, and the appropriate authority for the purpose of that section shall be the Automobile Association.

(e) The following words shall be omitted from subsection (4) of section 34— “but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency”.

(f) In paragraph (a) of subsection (5) of section 34 there shall be substituted “any Justice of the District Court” for “a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides”.

(g) For the purpose of section 37, an endorsement authorised to be made on a driving permit under this article shall be deemed to be an endorsement made on a driving licence under Part III.

...

Editorial Notes:

E259

Part III (ss. 21-44) applied to period during which a provisional licence has effect (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 17(5).

E260

Categories of vehicles for purposes of Part prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 6, as last amended (31.05.2015) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2015 (S.I. No. 242 of 2015), reg. 2(a), in effect as per reg. 1(2).

E261

Licencing authorities required to keep records for licences granted under Part III (ss. 21-44) (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 55.

E262

Person conducting test under Part III (ss. 21-44) exempted from application of regulations (5.05.2006) by European Communities (Compulsory use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006), reg. 11(1)(d).

E263

Interruption prescribed under certain circumstances for duration of penalty points or disqualification period under Part (31.10.2002 and 1.06.2003) by Road Traffic Act 2002 (12/2002), s. 6, S.I. Nos. 491 of 2002 and 214 of 2003; substituted by Road Traffic Act 2010 (25/2010), s. 53(4), not commenced as of date of revision.

E264

Previous affecting provision: powers of authority to grant licence under Part extended (17.06.1993) by Finance Act 1993 (13/1993), s. 59(1), commenced on enactment; deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 56(b)(i), S.I. No. 5 of 2013.

E265

Previous affecting provision: application of Part III (ss. 21-44) not restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 19; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E266

Previous affecting provision: application of Part III (ss. 21-44) modified by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), art. 14(2) as substituted (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 4. Mechanically Propelled Vehicles (International Circulation) Order 1961 revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 21

F53[Licensing Authority.

21

F54[21.In this Part, licensing authority means the Road Safety Authority and references to a licensing authority shall be read as references to the licensing authority.]]

Annotations

Amendments:

F53

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

F54

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(a), S.I. No. 5 of 2013.

Section 22

F55[Application for Irish driving licence.

22

22.(1) Subject to this Part, a person may apply to a licensing authority for a licence ("Irish driving licence") to drive a mechanically propelled vehicle of a specified category.

(2) An application for an Irish driving licence

(a) shall be made

(i) to the licensing authority F56[]

(ii) in accordance with the regulations made under section 42(2)(c),

(b) shall be accompanied by

(i) any certificate of competency or fitness required under regulations under this Act, and

(ii) the fee payable on the taking out of such a licence,

and

(c) shall contain

(i) a recent photograph of the applicant, and

(ii) the applicants personal public service number allocated and issued to him or her under section 262(2) of the Social Welfare Consolidation Act 2005.

(3) Details of an applicants personal public service number referred to in subsection (2)(c) may be entered in licence records.

(4) (a) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority F56[], as may be appropriate, with

(i) such information from the records, and

(ii) such copies of licence records or of such extracts from such records,

as the person may reasonably require.

(b) This subsection applies to

(i) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(ii) such other categories of person and the purpose for such access as may be prescribed.

(5) In this section "licence records" means records maintained under section 60 (as amended by section 86 of the Finance Act 1994) of the Finance Act 1993. ]

Annotations

Amendments:

F55

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

F56

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(b), S.I. No. 5 of 2013.

F57

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(c)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C27

Prospetive affecting provision: subs. (2)(b), (c)(i) substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(c)(i), (ii), not commenced as of date of revisision.

F57[(b) shall be accompanied by—

(i) evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State,

(ii) any—

(I) certificate of competency,

(II) certificate of fitness, or

(III) medical report, required under regulations under this Act, and

(iii) the fee payable on the taking out of such a licence,]

(c) shall contain—

F57[(i) where required under regulations under this Act, a recent photograph of the applicant, and]

(ii) the applicant’s personal public service number allocated and issued to him or her under section 262(2) of the Social Welfare Consolidation Act 2005.

C28

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E267

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 22. These statutory instruments are not separately listed under this section.

E268

Power pursuant to subs. (4)(b)(ii) exercised (27.04.2017) by National Vehicle and Driver File (Access) (Amendment) Regulations 2017 (S.I. No. 179 of 2017).

E269

Power pursuant to subs. (4)(b)(ii) exercised (9.07.2015) by National Vehicle and Driver File (Access) (No. 2) Regulations 2015 (S.I. No. 287 of 2015).

E270

Previous affecting provision: power pursuant to subs. (4)(b)(ii) exercised (19.02.2015) by National Vehicle and Driver File (Access) Regulations 2015 (S.I. No. 64 of 2015); revoked (9.07.2015) by National Vehicle and Driver File (Access) (No. 2) Regulations 2015 (S.I. No. 287 of 2015), reg. 3.

E271

Previous affecting provision: power pursuant to subs. (4) exercised (29.10.2013) by Finance Act 1993 (Section 60) Regulations 2013 (S.I. No. 414 of 2013), reg. 2 and sch.; revoked (19.02.2015) by National Vehicle and Driver File (Access) Regulations 2015 (S.I. No. 64 of 2015).

E272

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), reg. 19, in effect as per reg. 2; revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), in effect as per reg. 2, and superseded as per C-note above.

E273

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E274

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 18; revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), reg. 57 and sch. 8, in effect as per reg. 2, and superseded by Road Traffic (Licensing of Drivers) Regulations 1999 as per E-note above.

E275

Previous affecting provision: application of subss. (2), (4) and (5) extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 22A

F58[Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

22A

22A.(1) Where a person is disqualified by this Act for holding any driving licence or learner permit

(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or

(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,

for that period or any period the whole or part of which is within that period.

(2) Where a person is disqualified for applying for any Irish driving licence or learner permit

(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,

(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,

and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.]

Annotations

Amendments:

F58

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

Section 22B

F59[Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

22B

F60[22B.(1) Subject to subsection (2), where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.

(2) Where a person who is the holder of a learner permit in respect of vehicles of a category for a period has been granted a certificate of competency in respect of such category, he or she shall not, by virtue of the application of subsection (1), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which, or part of which, is within that period.]]

Annotations

Amendments:

F59

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

F60

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(d), S.I. No. 392 of 2023.

Section 23

F61[Grant of Irish driving licence.

23

23.(1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them

(a) that the applicant is disqualified for applying for the licence, or

(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on

(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired the day following the expiration of the driving licence previously granted, and

(b) in any other case the day on which the licence is granted.]

Annotations

Amendments:

F61

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

Editorial Notes:

E276

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 23. These statutory instruments are not separately listed under this section.

E277

Power pursuant to subs. (2) and s. 5(1) exercised (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020).

E278

Power pursuant to subs. (2) exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E279

Previous affecting provision: power pursuant to subs. (2) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2020 (S.I. No. 127 of 2020); revoked (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020), reg. 5.

Section 23A

F62[Recognition of foreign driving licences.

23A

23A.(1) The Minister may by order declare that F63[, for the purposes of an application for an Irish driving licence,] a licence or permit permitting a person to drive a mechanically propelled vehicle, not being a licence or permit issued to a person to enable that person to learn or provisionally to drive such a vehicle, issued by the competent authority of a state other than the State, shall be recognised for the purpose of exchange of that licence or permit for a driving licence, in respect of any one or more of the categories in respect of which the licence or permit is held, and subject to such restrictions, if any, as may be specified in the order.

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

Annotations

Amendments:

F62

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 8, S.I. No. 384 of 2006.

F63

Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(e), S.I. No. 392 of 2023.

Editorial Notes:

E280

Power pursuant to section exercised (12.05.2023) by Road Traffic (Recognition of Foreign Driving Licences New Zealand and Taiwan) (Amendment) Order 2023 (S.I. No. 247 of 2023).

E281

Power pursuant to section exercised (4.04.2023) by Road Traffic (Recognition of Foreign Driving Licences) (Australia) Order 2023 (S.I. No. 158 of 2023).

E282

Power pursuant to section exercised (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022).

E283

Power pursuant to section exercised (24.11.2021) by Road Traffic (Recognition of Foreign Driving Licences) (New Brunswick) Order 2021 (S.I. No. 615 of 2021).

E284

Power pursuant to section exercised (31.12.2020 at 11 p.m.) by Road Traffic (Recognition of Foreign Driving Licences) (United Kingdom) Order 2020 (S.I. No. 683 of 2020), in effect as per art. 2.

E285

Power pursuant to section exercised (10.03.2020) by Road Traffic (Recognition of Foreign Driving Licences) (Alberta) Order 2020 (S.I. No. 74 of 2020).

E286

Power pursuant to section exercised (30.05.2019) by Road Traffic (Recognition of Foreign Driving Licences) (Saskatchewan) Order 2019 (S.I. No. 238 of 2019).

E287

Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).

E288

Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).

E289

Power pursuant to section exercised (2.04.2015) by Road Traffic (Recognition of Foreign Driving Licences) (Manitoba) Order 2014 (S.I. No. 118 of 2015).

E290

Power pursuant to section exercised (16.09.2014) by Road Traffic (Recognition of Foreign Driving Licences) (Ontario) Order 2014 (S.I. No. 413 of 2014).

E291

Power pursuant to section exercised (12.08.2010) by Road Traffic (Recognition of Foreign Driving Licences - New Zealand and Taiwan) Order 2010 (S.I. No. 402 of 2010).

E292

The section heading is taken from the amending provision in the absence of one included in the amendment.

E293

Power pursuant to section exercised (18.07.2007) by Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007).

E294

Previous affecting provision: power pursuant to section exercised (22.04.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) Order 2022 (S.I. No. 192 of 2022); revoked (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022), art. 2.

Section 23B

F64[Recognition of foreign driving licences held by certain persons

23B

23B.(1) The Minister, after consultation with the Minister for Justice, may by order declare that a licence or permit permitting a relevant person to drive a mechanically propelled vehicle, not being a licence or permit to enable that relevant person to learn or provisionally to drive such a vehicle, issued by the competent authority of a relevant state, shall be recognised for the purpose of use in the State in respect of any one or more of the categories in respect of which the licence or permit issued to a relevant person is held, and subject to such restrictions, if any, as may be specified in the order.

(2) In this section, "relevant state" means a state other than the State or a Member State or member state of the European Economic Area.]

Annotations

Amendments:

F64

Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(b), (S.I. No. 390 of 2022).

Editorial Notes:

E295

Power pursuant to section exercised (2.09.2022) by Road Traffic (Recognition of Foreign Driving Licences Held by Relevant Persons) (Ukraine) Order 2022 (S.I. No. 434 of 2022).

Section

F65[Automatic revocation of driving licence where holder is subject of deportation order

23C. ...]

Annotations

Amendments:

F65

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

Modifications (not altering text):

C29

Prospective affecting provision: section inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

F65[23C.(1) Where the holder of an Irish driving licence is the subject of a deportation order the licence shall stand revoked.

(2) A revocation under subsection (1) shall take effect on the date on which the Minister for Justice notifies the Minister, in accordance with subsection (3), of the making of the order.

(3) Where the Minister for Justice makes a deportation order in respect of a person he or she may notify the Minister of the making of the order and may share the following information with the Minister for the purposes of this section:

(a) the name of the person who is the subject of the deportation order;

(b) the date of birth of the person who is the subject of the deportation order;

(c) where the person who is the subject of the deportation order was issued with a document evidencing that he or she had a legal right to reside in the State, the number associated with that document.

(4) The Minister and his or her servants or agents shall not use information shared under subsection (3) for any purpose other than the purpose of this section.

(5) In this section, "deportation order" means a deportation order made or deemed to be made under section 3 of the Immigration Act 1999 or section 51 of the International Protection Act 2015.]

Section

F66[Endorsement of revocation of driving licence on license record relating to holder

23D. ...]

Annotations

Amendments:

F66

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

Modifications (not altering text):

C30

Prospective affecting provision: section inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

F66[23D.(1) In this section and section 23E, "licence" means an Irish driving licence or learner permit.

(2) Where the Minister receives a notification under section 23B(3), or where a licence has been revoked in accordance with regulations under section 42(2)(cd), he or she shall cause the fact that the licence stands revoked to be endorsed on the entry (within the meaning of section 1 of the Road Traffic Act 2002) of the person who is the subject of the notification or whose licence has been revoked.]

Section

F67[Retention of revoked driving licence by member of Garda Síochána

23E. ...]

Annotations

Amendments:

F67

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

Modifications (not altering text):

C31

Prospective affecting provision: section inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(f), not commenced as of date of revision.

F67[23E.(1) Where a person produces an Irish driving licence to a member of the Garda Síochána and the member has reasonable grounds to believe that the licence is one which has been revoked in accordance with section 23C or regulations under section 42(2)(cd), he or she shall retain the licence and forward it to the Minister.

(2) Where the Minister receives a driving licence under subsection (1) and the licence stands revoked the Minister shall cause the licence to be destroyed and notify the holder of the licence by letter in writing to the address provided by the licence holder with his or her application for the licence or, where the holder has notified the Minister that he or she has changed address, to that address and by such other means as the Minister prescribes.

(3) Where the Minister receives a licence from a member of the Garda Síochána under subsection (1) and the licence does not stand revoked the Minister shall cause the licence, or a replacement licence, to be furnished to the holder.

(4) A person may make an application for a licence in accordance with this Act notwithstanding that a licence held by him or her has been revoked pursuant to this section or in accordance with regulations under section 42(2)(cd).]

Section 24

Signing of driving licence by grantee thereof.

24

24.F68[]

Annotations

Amendments:

F68

Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.

Section 25

Period during which driving licence has effect.

25

25.F69[]

Annotations

Amendments:

F69

Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.

Section 26

Consequential disqualification orders.

26

F70[26.(1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order ("consequential disqualification order") declaring him or her to be disqualified for holding a driving licence.

(2) Subject to subsection (3), a consequential disqualification order operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he or she has produced to the F71[] licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.

(3) A consequential disqualification order resulting from a conviction for an offence under

(a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or

(b) section 106, where

(i) the offence involved a contravention of F72[paragraph (a), (aa) or (b)] of subsection (1) of that section,

(ii) injury was caused to a person,

(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and

(iv) the convicted person was the driver of the vehicle concerned,

operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) had been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the F71[] licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.

(4) (a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under

(i) section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section,

(ii) section 5(1) of the Road Traffic Act 2010,

(iii) section 52 or 53, tried on indictment,

(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,

F73[(v) section 12, 13B, 14 or 17A of the Road Traffic Act 2010, or]

(vi) section 138(3) of the Railway Safety Act 2005, tried on indictment,

be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.

(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be

(i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and

(ii) in the case of

(I) a second or subsequent offence under that section, or

F74[(II) a first offence under that section, where the person has been previously convicted of an offence under the other section,]

not less than the appropriate period specified in column (4) of that Table.

F75[(ba) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1A) of that section or an offence under subsection (1A) of section 5 of that Act, be

(i) not less than 1 year, in the case of a first offence under the section concerned, and

(ii) not less than 2 years, in the case of

(I) a second or subsequent offence under the same section, or

(II) a first offence under that section, where the person has been previously convicted of an offence under the other section.]

(c) In paragraph (b) "appropriate period" means the period that is appropriate having regard to

(i) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and

(ii) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.

TABLE

Reference Number

Concentration of alcohol

First offence under the section concerned

F76[Second or any subsequent offence under the same section or first offence where previously convicted under the other section]

(1)

(2)

(3)

(4)

1.

(a) Not exceeding 80 milligrammes of alcohol per 100 millilitres of blood;

(b) Not exceeding 107 milligrammes of alcohol per 100 millilitres of urine;

(c) Not exceeding 35 microgrammes of alcohol per 100 millilitres of breath.

6 months

1 year

2.

(a) Exceeding 80 milligrammes but not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 107 milligrammes but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine;

(c) Exceeding 35 microgrammes but not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.

1 year

2 years

3.

(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

(c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.

2 years

4 years

4.

(a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

(c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath.

3 years

6 years

(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.

(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course

(i) decline to make a consequential disqualification order, or

(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.

(6) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.

(7) Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 ("the former section") whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010 and is subsequently convicted of one or more offences under any other of those sections ("the latter section") the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.

(8) Where a person is convicted of an offence ("the latter conviction") under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010, and

(a) the conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction for an offence under the same section, and

(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction,

the court may, for the purposes of this section, deal with the later conviction as a first conviction.

(9) Subje and (11), in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(10) A consequential disqualification order shall not be annulled on appeal unless

(a) the conviction by reference to which it was imposed is reversed, or

(b) the provisions of subsection (5)(b) apply.

(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply. ]

Annotations

Amendments:

F70

Substituted (28.11.2011) by Road Traffic Act 2010 (25/2010), s. 65(1), S.I. No. 543 of 2011.

F71

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(i), S.I. No. 5 of 2013.

F72

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(b), commenced on enactment.

F73

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(a), S.I. No. 129 of 2017.

F74

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(ii), S.I. No. 5 of 2013.

F75

Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(b), S.I. No. 129 of 2017.

F76

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(iii), S.I. No. 5 of 2013.

Modifications (not altering text):

C32

Application of section extended by Road Traffic Act 2010 (25/2010), s. 65(4) as inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.

Consequential disqualification orders.

65.— ...

(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—

(a) the reference to section 4 of the Road Traffic Act 2010 in—

(i) paragraph 4 of the Second Schedule to, and

(ii) section 26(4)(a)(i) and 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,

(b) the reference to section 5 of the Road Traffic Act 2010 in—

(i) paragraph 5 of the Second Schedule to, and

(ii) section 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,

(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,

(d) the reference to section 12 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and

(e) the reference to section 14 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.

C33

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E296

Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 44 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg 1(2).

E297

Previous affecting provision: subs. (4)(a)(v) substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(a), S.I. No. 535 of 2014; substituted as per F-note above.

E298

Previous affecting provision: section amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 6(1)(a) to (e), S.I. No. 86 of 2007.

E299

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19, in effect as per art. 2; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), in effect as per reg. 2, as per C-note above.

E300

Previous affecting provision: subss. (3) and (4) substituted (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 2, commenced on enactment.

E301

Previous affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 26, S.I. No. 350 of 1994.

E302

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E303

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per E-note above.

E304

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E305

Previous affecting provision: section amended (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(4), commenced on enactment; amended as per above E-note.

E306

Previous affecting provision: section amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 25, S.I. No. 192 of 1978; amended as per above F-notes.

E307

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 27

Ancillary disqualification orders.

27

27.(1) (a) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence.

(b) A disqualification under this subsection—

(i) shall disqualify the convicted person either for holding any driving licence whatsoever or for holding a driving licence in respect of a class or classes of mechanically propelled vehicles, and

(ii) shall so disqualify him during a specified period or during a specified period and thereafter until he has produced to the F77[] licensing authority a certificate of competency or a certificate of fitness or both.

(2) Subject to subsection (3) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an ancillary disqualification order may be made, jurisdiction to make, confirm, annul or vary an ancillary disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(3) Where an ancillary disqualification order is, on an appeal, made or varied, the requirements of paragraph (b) of subsection (1) of this section shall be complied with.

(4) An ancillary disqualification order shall be subject to appeal notwithstanding that an appeal is not taken against the relevant conviction.

Annotations

Amendments:

F77

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(d), S.I. No. 5 of 2013.

Modifications (not altering text):

C34

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E308

Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 45 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E309

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E310

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E311

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E312

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E313

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 28

Special disqualification orders.

28

28.(1) Where an officer of the Garda Síochána F78[or appropriate licensing authority] has reasonable grounds for believing that a person who is the holder of a driving licence is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer F78[or licensing authority] may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection, and if the Justice is satisfied that such person is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F79[licensing authority] a certificate of fitness.

(2) Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is incompetent to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection in respect of such person, and if the Justice is satisfied that such person is incompetent to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F79[licensing authority] a certificate of competency.

(3) An order shall not be made under this section in respect of a person unless not less than ten days’ previous notice in writing of the application for the order has been given to him.

(4) A person who is aggrieved by a special disqualification order made in respect of him may appeal to the Circuit Court.

(5) Orders made under this section are referred to in this Act as special disqualification orders.

Annotations

Amendments:

F78

Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(c), S.I. No. 222 of 1994.

F79

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(e), S.I. No. 5 of 2013.

Modifications (not altering text):

C35

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E314

Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 46 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E315

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E316

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E317

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E318

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E319

Previous affecting provision: application of subss. (1) and (3)-(5) extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 29

Removal of disqualification under consequential or ancillary disqualification order.

29

F80[29.(1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

F81[(4) Where a court considers it to be appropriate the court may

(a) confirm the period specified in the order of disqualification, or

(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.]

(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section "disqualification order" means a consequential or an ancillary disqualification order.]

Annotations

Amendments:

F80

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 7, S.I. No. 86 of 2007.

F81

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 67(1), S.I. No. 255 of 2011.

Modifications (not altering text):

C36

Prospective affecting provision: reference to "the Superintendent of the Garda Síochána for the district" construed by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 10(a), (b)(i), not commenced as of date of revision.

Construction of references in certain enactments

10. (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—

(a) to a Garda district or a Garda Síochána district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and

(b) to—

(i) the superintendent of the Garda Síochána for the district,

(ii) the superintendent of the Garda Síochána of the district,

(iii) the superintendent in the Garda Síochána district,

(iv) the superintendent of the Garda Síochána within whose district, (v) the superintendent in charge of the Garda Síochána district, or

(vi) the superintendent of the district,

shall be construed as a reference to a superintendent of the Garda Síochána in the equivalent division.

...

C37

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E320

Procedure on removal of disqualification under subs. (1) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 48, as substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(q), in effect as per reg. 1(2).

E321

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E322

Previous affecting provision: application of section transitionally modified (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment. S. 3 only applied to offences committed on or after the 2.12.1994 and before the passing of the Road Traffic Act 1995.

E323

Previous affecting provision: subs. (1A) inserted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 27, S.I. No. 350 of 1994. Section substituted as per above F-note.

E324

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E325

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E326

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E327

Previous affecting provision: subs. (1) substituted and subs. (8) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 19, S.I. No. 169 of 1968. Section substituted as per above F-note.

E328

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 30

Operation of disqualification order.

30

F82[30.F83[(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and

(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,

(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) apply, those Regulations do not apply to that licence, or

(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.]

(2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed.

(3) (a) Save as provided by paragraphs (b) to (e) of this subsection

(i) a special disqualification order shall come into operation immediately it is made and a consequential or ancillary disqualification order shall come into operation on the fifteenth day after it is made,

(ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed.

(b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal.

(c) Where a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, notice of which is lodged within fourteen days of the making of the order, and the convicted person has duly entered into a recognisance to prosecute the appeal, the operation of the order shall stand suspended pending the appeal.

(d) When making, confirming or varying a consequential or ancillary disqualification order the court may, at its discretion but subject to paragraph (e) of this subsection, postpone the operation of the order for a period not exceeding six months.

(e) A Court shall not postpone under paragraph (d) of this subsection the operation of a consequential or ancillary disqualification order unless it is satisfied that a special reason (which it shall specify when postponing the operation of the order) relating to his personal circumstances (including the nature of his employment) has been proved by the convicted person to exist in his particular case.

(4) Where

(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,

(b) the operation of the order stands suspended pending the appeal, and

(c) the appellant has given notification in writing that he wishes to withdraw the appeal,

the suspension of the operation of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day.

(5) Where

(a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal,

(b) the operation of the order stands suspended pending the appeal, and

(c) the appeal is not prosecuted or the order is confirmed or varied by the appellate court,

the period of disqualification shall begin on the day on which the appropriate order of the appellate court is made, save in a case where the operation of the consequential or ancillary disqualification order is postponed under paragraph (d) of subsection (3) of this section.

(6) Where

(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the F84[] licensing authority a certificate of competency or fitness, and

(b) such person produces to that authority such certificate,

the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.]

Annotations

Amendments:

F82

Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 20, S.I. No. 169 of 1968.

F83

Substituted (28.11.11) by Road Traffic Act 2010 (25/2010), s. 64(1), S.I. No. 543 of 2011.

F84

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(f), S.I. No. 5 of 2013.

Editorial Notes:

E329

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E330

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E331

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E332

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E333

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 31

Disqualifications related to age.

31

31.(1) A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.

(2) The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.

(3) A person who has not attained an age specified in regulations under subsection (2) of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age.

Annotations

Modifications (not altering text):

C38

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E334

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 31. These statutory instruments are not separately listed under this section.

E335

Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E336

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E337

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E338

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E339

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E340

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 32

Disqualification on grounds of health.

32

32.(1) This section applies to a person suffering from any disease or physical or mental disability declared by the Minister by regulations to be a disease or disability such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever.

(2) A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability.

Annotations

Modifications (not altering text):

C39

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E341

Diseases and disabilities for purpose of subs. (1) listed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 33 and sch. 2.

E342

Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E343

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E344

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E345

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E346

Previous affecting provision: power pursuant to section exercised (3.11.1986) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1986 (S.I. No. 340 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E347

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

Section 33

Certificates of competency.

33

33.(1) In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.

F85[(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5 (g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes.

(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes.

(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of competency,

(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.

F85[(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262 (2) of the Social Welfare Consolidation Act 2005.]

(3) Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—

(a) the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and

(b) the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.

F86[(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen

(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, F87[and]

(b) F88[subject to subsection (3BB), where the vehicle] is a vehicle to which section 18 applies, a test certificate,

for the time being in force, in respect of the vehicle.

F89[(3BB) Where an EU roadworthiness certificate does not have a detachable disc, the proof of test issued by the Member State competent authority or the Member State testing centre concerned for the purposes of Article 10 of the Roadworthiness Directive shall be presented to the issuing authority for the purposes of subsection (3B).]

(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]

(4) On completion of a test under subsection (3) of this section, the issuing authority shall either—

(a) refuse the application, or

(b) F90[where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency] subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—

(i) in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or

(ii) in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.

(5) (a) A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(6) (a) A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(7) Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.

Annotations

Amendments:

F85

Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(g)(i), (ii), S.I. No. 392 of 2023.

F86

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 92, S.I. No. 255 of 2011.

F87

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(g), S.I. No. 5 of 2013.

F88

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(i).

F89

Inserted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(ii).

F90

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 9, S.I. No. 384 of 2006.

F91

Inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.

F92

Inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.

Modifications (not altering text):

C40

Prospective affecting provision: subss. (3D) and (3E) inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.

F91[(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]

C41

Prospective affecting provision: subs. (3A) inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.

F92[(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard.

(b) A person aggrieved by a refusal, in pursuance of paragraph (a) of this subsection, to carry out a test may appeal to a Justice of the District Court having jurisdiction in the place in which the person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the eyesight or corrected eyesight of the applicant complies with the prescribed standard, direct the issuing authority to test or cause to be tested the applicant under subsection (3) of this section.

(c) A decision under this subsection of a Justice of the District Court shall be final and not appealable.]

C42

Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 23, as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011), reg. 2(i), in effect as per reg. 1(2).

Definitions.

3. (1) In these Regulations — ...

“Minister” means Minister for Transport;

...

Issuing authority and delegation of functions.

23. (1) The issuing authority for the purposes of section 33 of the Act is the Minister and in this Part “issuing authority” means the Minister.

(2) The functions of the issuing authority under section 33(4) of the Act are delegated to driver testers.

[(3) A driver tester shall meet the minimum standards set out in Schedule 8.

(4) The Road Safety Authority shall oversee implementation of the minimum standards for driver testers set out in Schedule 8 and shall carry out the functions assigned to it by the relevant standards.]

C43

Procedure under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 29.

Deferred decision on application for certificate of competency.

29. (1) In a case where a decision on an application has been deferred under section 33(4) of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.

(2) On receipt of such certificate of fitness, the issuing authority shall, subject to section 33(4), either refuse the application for a certificate of competency or issue a certificate of competency.

C44

Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), arts. 3 and 4.

3. Notwithstanding section 33 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), Regulations under section 42 of that Act may provide that the issuing authority for the purposes of section 33 of that Act shall not test or cause to be tested an applicant for a certificate of competency unless the applicant holds such driving licence or provisional licence as may be specified in the Regulations.

4. Regulations of the type referred to in Article 3 of these Regulations shall have effect in accordance with their terms and subsections (3) and (7) of section 33 and section 42 of the Road Traffic Act, 1961 are hereby amended accordingly.

C45

Limited certificates of competency under subs. (4)(b)(ii) provided (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(1), S.I. No. 139 of 1969.

Limited certificates of competency for special cases.

22.—(1) Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class.

...

Editorial Notes:

E348

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 33. These statutory instruments are not separately listed under this section.

E349

Test for purposes of subs. (4) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 26(1).

E350

Procedure in relation to appeals under subss. (5) and (6) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 30.

E351

Endorsements and disqualifications under section provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), part 9 (regs. 42-52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E352

Previous affecting provision: power pursuant to this section and s. 5 exercised (31.10.1980) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1980 (S.I. No. 334 of 1980); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E353

Previous affecting provision: issuing authority specified and powers of issuing authority modified and procedure under section provided (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 25, 28, 31 and 32; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 34

Certificates of fitness.

34

34.(1) In this section—

the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section;

relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person’s physical and mental condition in the case of an application for that certificate of fitness.

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of fitness,

(b) where under the regulations under this Act an application by him for a F93[Irish driving licence] is required to be accompanied by a certificate of fitness.

(3) A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition.

(4) Where—

(a) an application is duly made under this section to the issuing authority, and

(b) the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection (3) of this section,

the issuing authority shall, after consideration of the application and report, either—

(i) refuse the application, or

(ii) issue a certificate (in this Act referred to as a certificate of fitness) certifying—

(I) in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or

(II) in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency.

(5) (a) A person aggrieved by a decision under of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

Annotations

Amendments:

F93

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(3), S.I. No. 255 of 2011.

Modifications (not altering text):

C46

Term “registered medical practitioner” construed (13.02.2008 and 3.07.2008) by Medical Practitioners Act 2007 (25/2007), ss. 2 and 108(1), S.I. Nos. 24 and 231 of 2008.

Interpretation.

2.— In this Act, except where the context otherwise requires— ...

“registered medical practitioner” means a medical practitioner whose name is entered in the register;

...

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

...

C47

Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 34.

Definitions.

3. (1) In these Regulations — ...

“Minister” means Minister for Transport;

...

Issuing authority and delegation of functions under section 34 of Act.

34. (1) The issuing authority for the purposes of section 34 of the Act is the Minister.

(2) The functions of the Minister as the issuing authority under section 34(4) of the Act are delegated to such officer or officers of the Minister as he or she specifies. Any such officer so specified shall, for the purpose of the performance of such functions, be known as an issuing officer.

C48

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E354

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 34. These statutory instruments are not separately listed under this section.

E355

Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E356

Form for medical report under section and period for purposes of subs. (3) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 37 and sch. 1 forms D.501, D.502 D.503, as last amended (29.10.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 (S.I. No. 420 of 2013), reg. 3(o)(i).

E357

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E358

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E359

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E360

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E361

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E362

Previous affecting provision: issuing authority specified and powers of issuing authority modified (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 34 and 35; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 35

Provisional licence.

35

F94[35.(1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit ("learner permit") licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be

(a) made to the licensing authority F95[],

(b) in accordance with the regulations under section 42, and

(c) accompanied by the appropriate fee.

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under

(a) section 38(2), it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,

(b) section 38(4), it is a defence for the defendant to show that the person employed to drive the vehicle held, at the time he or she drove the vehicle, a learner permit then having effect and permitting him or her to drive the vehicle,

(c) section 40, it is a defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he or she produced a learner permit having effect at the material time and permitting him or her to drive the vehicle and that he or she permitted the member of the Garda Síochána to whom it was produced to read it.

(6) Sections 22(2), (4) and (5), 26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where

(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the F95[] licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with section 35,

(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with section 35, and

(c) a holder of a learner permit in respect of a vehicle of any category for a period has been granted a certificate of competency in respect of such category he or she shall not, by virtue of the application of section 22(5), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which or part of which is within that period.]

Annotations

Amendments:

F94

Substituted (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(1), S.I. No. 718 of 2007.

F95

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(h), S.I. No. 5 of 2013.

F96

Deleted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(I), (ii)(I), (IV), not commenced as of date of revision.

F97

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(II), (ii)(III), not commenced as of date of revision.

F98

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(II), (iii), not commenced as of date of revision.

Modifications (not altering text):

C49

Prospective affecting provision: subss. (2), (6) amended and subss. (7)-(11) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h), not commenced as of date of revision.

(2) An application for a learner permit shall be—

(a) made to the licensing authority F95[],

(b) in accordance with the regulations under section 42, F96[]

F97[(c) accompanied by—

(i) the appropriate fee, and

(ii) any photograph of the applicant, certificate of fitness or medical report,

required under regulations under this Act, and]

F98[(d) accompanied by evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State.]

...

(6) Sections F96[] 26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where—

(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the F95[] licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with F97[section 35, and]

(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with F97[section 35.]

(c) F96[]

F98[(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005.

(8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records.

(9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with—

(a) such information from the records, and

(b) such copies of licence records or of such extracts from such records, as the person may reasonably require.

(10) Subsection (9) applies to—

(a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(b) such other categories of person and the purpose for such access as may be prescribed.

(11) In this section, "licence records" means records maintained under section 60 of the Finance Act 1993.]

Editorial Notes:

E363

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 35. These statutory instruments are not separately listed under this section.

E364

Previous affecting provision: subs. (3) amended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(2), S.I. No. 350 of 1994; amended section substituted as per F-note above.

Section 35A
35A

F99[Offences by owner of mechanically propelled vehicle driven by another person

35A.(1) An owner of a mechanically propelled vehicle shall be guilty of an offence where a person, not being that owner, drives the vehicle in a public place at a time that the person

(a) is not the holder of a driving licence or learner permit for the category of vehicle concerned, or

(b) is the holder of a learner permit for a vehicle of a category specified in clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) and is not driving the vehicle in accordance with that clause.

(2) It shall be a defence to proceedings for an offence under this section for the owner of a mechanically propelled vehicle to show

(a) that the vehicle was used or taken possession of without his or her consent,

(b) in the case of proceedings for an offence under paragraph (a) of subsection (1), that prior to the driving of the vehicle in a public place he or she took all reasonable steps to satisfy himself or herself that the person held a driving licence or learner permit, as the case may be, or

(c) in the case of proceedings for an offence under paragraph (b) of subsection (1), that he or she took all reasonable steps to satisfy himself or herself that the person would be driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a class D fine.]

Annotations

Amendments:

F99

Inserted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 5(a), S.I. No. 538 of 2018. A class D fine means a fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(1), S.I. No. 662 of 2010.

Editorial Notes:

E365

Previous affecting provision: section inserted by Road Traffic Act 2016 (21/2016), s. 39, not commenced; s. 39 repealed (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 1, S.I. No. 538 of 2018.

Section 36

Order for endorsement in case of conviction, disqualification order or removal of disqualification.

36

36.(1) F100[]

(2) F101[]

(3) (a) Where a person is convicted of an offence and a consequential or ancillary disqualification order is made by the court on his conviction, the court shall by order direct particulars of F102[] the disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a consequential or ancillary disqualification order is suspended F103[] pending an appeal, the relevant order under this subsection shall also stand suspended F103[], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F103[] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential or ancillary disqualification order was made and in the case of an appeal under subsection (4) of section 27 of this Act, jurisdiction to make, confirm or annul an order made under paragraph (a) of this subsection is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing, and the appellate court shall—

(i) where it makes a disqualification order and in consequence makes an order under paragraph (a) of this subsection, annul the order previously made under that paragraph,

(ii) where it confirms the disqualification order, confirm the order made under paragraph (a) of this subsection,

(iii) where it annuls the disqualification order, annul the order made under paragraph (a) of this subsection,

(iv) where it varies the disqualification order, annul the order previously made under paragraph (a) of this subsection and by a new order direct particulars F102[] of the disqualification order (as varied) to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(4) (a) Where a special disqualification order is made in relation to any person, the court shall by order direct particulars of the special disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a special disqualification order is suspended F103[] pending an appeal, the relevant order under this subsection shall also stand suspended F103[], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F103[] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) Where an appeal is taken in a case in which an order has been made under this subsection, the Circuit Court shall (as may be appropriate)—

(i) annul such order, or

(ii) annul such order and make an order under this subsection.

(5) Where a disqualification is removed under section 29 of this Act, the court shall by order direct particulars of the removal to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

F104[(6) In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.

(7) Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.

F105[(8) The Courts Service shall inform the Minister of an order made

(a) under subsection (3) or (4) of this section,

(b) suspending or postponing an order under either of those subsections, or

(c) under section 29 of this Act removing a consequential or ancillary disqualification.]

(9) In this section, "entry" has the meaning assigned to it by the Road Traffic Act, 2002.]

Annotations

Amendments:

F100

Repealed (31.10.2002, 1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 1.02.2013) by Road Traffic Act 2002 (12/2002), s. 25(2), commenced in stages by S.I. No. 491 of 2002, art. 2(1)(b), S.I. No. 214 of 2003, art. 3(c), S.I. No. 321 of 2003, art. 3(c), S.I. No. 248 of 2004, art. 3(b), S.I. No. 134 of 2006, art. 3(d), S.I. No. 443 of 2006, art. 2(c), S.I. No. 149 of 2009, art. 2(b)(ii) and S.I. No. 296 of 2012, art. 2(b)(ii) and S.I. No. 12 of 2013, art. 2(c). S. 25(2) states: (2) Subsections (1) and (2) of section 36 ... are repealed as respects offences committed after the commencement of this section.

F101

Repealed (31.10.2002, 1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 1.02.2013) by Road Traffic Act 2002 (12/2002), s. 25(2), commenced in stages by S.I. No. 491 of 2002, art. 2(1)(b), S.I. No. 214 of 2003, art. 3(c), S.I. No. 321 of 2003, art. 3(c), S.I. No. 248 of 2004, art. 3(b), S.I. No. 134 of 2006, art. 3(d), S.I. No. 443 of 2006, art. 2(c), S.I. No. 149 of 2009, art. 2(b)(ii) and S.I. No. 296 of 2012, art. 2(b)(ii) and S.I. No. 12 of 2013, art. 2(c). S. 25(2) states: (2) Subsections (1) and (2) of section 36 ... are repealed as respects offences committed after the commencement of this section.

F102

Deleted (22.06.2015) by Road Traffic Act 2014 (3/2014), s. 6(b)(i) and (ii), S.I. No. 252 of 2015.

F103

Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F104

Inserted (1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009) by Road Traffic Act 2002 (12/2002), s. 8(b), partially commenced by S.I. No. 214 of 2003, S.I. No. 321 of 2003, S.I. No. 248 of 2004, S.I. No. 134 of 2006, S.I. No. 443 of 2006, S.I. No. 149 of 2009.

F105

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 24, S.I. No. 26 of 2005.

Modifications (not altering text):

C50

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

C51

Application and construction of section modified (31.05.2006) by Road Safety Authority Act 2006 (14/2006), s. 4(2), commenced on enactment.

Functions of Authority.

4.— ...

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

...

C52

Construction of section modified (1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 10.01.2013) by Road Traffic Act 2002 (12/2002), s. 8(a), commenced by S.I. No. 214 of 2003, S.I. No. 321 of 2003, S.I. No. 248 of 2004, S.I. No. 134 of 2006, S.I. No. 443 of 2006, S.I. No. 149 of 2009 and S.I. No. 12 of 2013.

Endorsement of certain convictions and disqualifications on entries.

8.—For the purpose of enabling the convictions and the disqualification orders referred to in subsections (3) and (4) of section 36 of the Principal Act to be endorsed on the entries of those concerned in lieu of being endorsed on the licences held by them, the following amendments of the said section 36 are made as respects such convictions occurring, and such orders made, after the commencement of this section—

(a) the references in those subsections to an order directing particulars of a conviction or of a disqualification order to be endorsed on the licence held by a person or, if the person is not the holder of a licence but subsequently a licence is granted to him or her, on that licence are construed as references to an order directing that those particulars be endorsed on the entry then existing or subsequently made in relation to the person, and

...

Editorial Notes:

E366

Ministerial functions under subss. (6)-(8) conferred on Road Safety Authority (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E367

Previous affecting provision: procedure for purposes of subss. (1) and (2) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 47; deleted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(s), in effect as per reg. 1(2).

E368

Previous affecting provision: conditions for cancellation of endorsement under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 46(5)(b); regulation substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(p), in effect as per reg. 1(2).

E369

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E370

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E371

Previous affecting provision: subs. (1) amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(d), S.I. No. 222 of 1994. Section amended as per above F-notes.

E372

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E373

Previous affecting provision: application of section not restricted (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 48, S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E374

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E375

Previous affecting provision: section amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Section amended as per above F-notes.

E376

Previous affecting provision: application of section modified (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 18 and 45-48; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 37

Transfer of endorsement to new licence.

37

37.F106[]

Annotations

Amendments:

F106

Repealed (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 51, S.I. No. 5 of 2013.

Editorial Notes:

E377

Previous affecting provision: application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

E378

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E379

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E380

Previous affecting provision: subs. (2)(a)(i) amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(e), S.I. No. 222 of 1994.

E381

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E382

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E383

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 38

Prohibition on driving without driving licence.

38

38.(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

F107[(2) (a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction

(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than F108[3 months] before the commission of the offence, to a fine not exceeding 1,000, and

(ii) in any other case, to a fine not exceeding 2,000.]

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(3) The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(4) (a) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

F107[(5) A person

(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in subsection (2)(a), or

(b) who is summarily convicted of the offence of contravening subsection (3) in a case in which the person employed to drive the vehicle was at the time he or she drove the vehicle

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in section 102,

is liable to a fine not exceeding 5,000 or to imprisonment for a term not exceeding 6 months or both.]

(6) Subsections (1) to (5) of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.

(7) Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections (1) to (5) of this section and sections 40 and 41 of this Act.

F109[(8) A member of the Garda Síochána may arrest without warrant a person who in the members opinion

(a) is committing, or has committed, an offence under subsection (1), and

(b) is disqualified from holding a driving licence.]

F110[(9) In this section, notwithstanding the definition of driving licence in section 3, "driving licence" means

(a) an Irish driving licence,

(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle,

(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1), or

(d) both

(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1), and

(ii) the permission to reside given to a relevant person who holds the licence or permit referred to in subparagraph (i).]

Annotations

Amendments:

F107

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 12, S.I. No. 384 of 2006. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,000 translates into a class C fine not exceeding €2,500 (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €5,000 translates into a class A fine, not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F108

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(i), S.I. No. 392 of 2023.

F109

Inserted (22.06.2015) by Road traffic Act 2014 (3/2014), s. 6(c), S.I. No. 252 of 2015.

F110

Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022) s. 46(c), S.I. No. 390 of 2022.

Modifications (not altering text):

C53

Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

8. The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

C54

Application of section modified (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 9(1).

Driving Licence or Permit.

9. (1) A visitor who is for the time being the holder of a driving permit may drive in a public place a vehicle which he is licensed by the driving permit to drive, other than a vehicle of a category in respect of which he is disqualified for holding a driving licence, and section 38 of the Road Traffic Act, 1961, shall be modified accordingly.

...

Editorial Notes:

E384

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 38. These statutory instruments are not separately listed under this section.

E385

Prospective affecting provision: penalty points in respect of driving without a licence under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 4, not commenced as of date of revision.

E386

Licence limited to specified vehicle type for purpose of section (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(2), S.I. No. 139 of 1969.

E387

Previous affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 5, S.I. No. 491 of 2002; subsection substituted as per F-note above.

E388

Previous affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 2, commenced on enactment. Fine increased as per E-note above.

E389

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3; and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E390

Previous affecting provision: application of subss. (1)-(5) restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E391

Previous affecting provision: application of section modified by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), art. 14(1); as substituted (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 4. Mechanically Propelled Vehicles (International Circulation) Order 1961 revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 39

Prohibition on applying for driving licence when disqualified.

39

F111[39.(1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 5,000 or to imprisonment for a term not exceeding 6 months or to both.]

Annotations

Amendments:

F111

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 58, S.I. No. 255 of 2011.

Modifications (not altering text):

C55

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E392

Prospective affecting provision: penalty points in respect of applying for a licence while disqualified for so applying under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 5, not commenced as of date of revision.

E393

Previous affecting provision: fine in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 5, S.I. No. 86 of 2007. Section substituted as per F-note above.

E394

Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1, ref. no. 6, S.I. No. 491 of 2002. Fine increased as per E-note above.

E395

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E396

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E397

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E398

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E399

Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 3, commenced on enactment. Fine increased as per E-note above.

E400

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 40

Production of driving licence on demand by member of Garda Síochána.

40

F112[40.(1) A member of the Garda Síochána may demand of a person

(a) driving in a public place a mechanically propelled vehicle, or

(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,

the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.

(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.

F113[(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence.]

(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

(c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.

(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, he or she commits an offence.

F114[(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.]

(7) A member of the Garda Síochána may arrest without warrant

(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

F115[(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda Síochána under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.]

(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.

F116[(9) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]]

F117[(10) In this section "driving licence" has the meaning given to it by section 38(9).]

Annotations

Amendments:

F112

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(1), S.I. No. 255 of 2011.

F113

Substituted (28.10.2011) by Road Traffic (No. 2 ) Act 2011 (28/2011), s. 2(a), S.I. No. 542 of 2011.

F114

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(b), S.I. No. 542 of 2011.

F115

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(c), S.I. No. 542 of 2011.

F116

Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(d), S. I. No. 542 of 2011.

F117

Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(d), S.I. No. 390 of 2022.

Modifications (not altering text):

C56

Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

8. The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

Editorial Notes:

E401

Prospective affecting provision: penalty points in respect of failure to produce a licence to member of Garda Síochána under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 6, not commenced as of date of revision.

E402

Procedure prescribed by Road Traffic Act 2010 (25/2010), ss. 8 and 60(1), S.I. No. 543 of 2011, s. 8 as substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.

E403

Previous affecting provision: subss. (1), (1A) amended (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 13, S.I. No. 718 of 2007; subss. (1), (1A) substituted as per F-note above and s. 13 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(c), S.I. No. 255 of 2011.

E404

Previous affecting provision: subss. (1A), (1B) inserted (1.01.2003) by Road Traffic Act 2002 (12/2002), s. 18, S.I. No. 598 of 2002; superseded as per F-note above and s. 18 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(b), S.I. No. 255 of 2011.

E405

Previous affecting provision: section substituted (1.01.2003) by Road Traffic Act 1994 (7/1994), s. 25, S.I. No. 597 of 2002; superseded as per F-note above and s. 25 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(a), S.I. No. 255 of 2011.

E406

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E407

Previous affecting provision: subs. (5) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

E408

Previous affecting provision: application of section restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 41

Writing of signature on demand by member of Garda Síochána.

41

41.(1) A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection (2) of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.

(2) The condition referred to in subsection (1) of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees.

Annotations

Modifications (not altering text):

C57

Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

8. The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

C58

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E409

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E410

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E411

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E412

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E413

Previous affecting provision: application of section restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E414

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 42

Regulations under Part III.

42

F118[42.(1) In this section "licence" means a driving licence or learner permit.

(2) The Minister may make regulations to provide for all or any of the following:

(a) the categorization for the purposes of this Part of mechanically propelled vehicles;

(b) the form of driving licences and learner permits;

(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;

(d) the surrender of licences;

(e) the securing that licences for a category are not issued to persons already holding licences for such category;

(f) the issue by F119[the licensing authority] of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;

(g) F120[]

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of F121[the licensing authority] with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;

(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;

(j) the period during which a learner permit is to remain in force;

(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;

(l) the issue of licences by officers of any Minister of the Government or the F122[] licensing authority;

(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;

(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence F123[and the disposal of such fees].

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(c) the making of applications for certificates;

(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;

(g) the persons by whom further tests directed under section 33(6) are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);

(n) the minimum period which has to elapse, following the granting of a learner permit and in circumstances as may be prescribed, during which the holder of the licence may not apply for a certificate of competency.

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may F124[] provide for all or any of the following matters:

(a) the production of licences in court;

(b) the effecting of endorsements ordered under section 36;

(c) the transmission of licences by the court to F125[the licensing authority] to be retained F126[] until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to F125[the licensing authority] of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36.

(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

F127[(5A) Regulations under this section which provide for the payment of fees may provide for the method by which fees are to be paid and for a combination of fees separately payable to be paid together as one fee.]

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation is guilty of an offence.]

Annotations

Amendments:

F118

Substituted (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 10, S.I. No. 718 of 2007.

F119

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(I), S.I. No. 5 of 2013.

F120

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(II), S.I. No. 5 of 2013.

F121

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(III), S.I. No. 5 of 2013.

F122

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(IV), S.I. No. 5 of 2013.

F123

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(2)(a), commenced on enactment.

F124

Deleted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(2)(b), commenced on enactment.

F125

Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(ii), (iii), S.I. No. 5 of 2013.

F126

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(ii), S.I. No. 5 of 2013.

F127

Inserted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(iv), S.I. No. 5 of 2013.

F128

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(j)(i)(I), (III), (ii), not commenced as of date of revision.

F129

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(j)(i)(II), not commenced as of date of revision.

F130

Substituted by Road traffic Act 2014 (3/2014), s. 6(d), not commenced as of date of revision.

Modifications (not altering text):

C59

Prospective affecting provision: subss. (2)(ca), (cb), (cc), (q), (r), (3A), (3B, (3C) inserted and subs. (2)(p) amended by Road Traffic and Roads Act 2023 (16/2023), s. 5(j)(i), (ii), not commenced as of date of revision.

F128[(ca) the evidence to accompany an application for an Irish driving licence or a learner permit in order to show that the person has a legal right to reside in the State;

(cb) the automatic revocation of an Irish driving licence or a learner permit—

(i) where a person no longer has a right to reside in the State,

(ii) where the evidence that accompanied an application for an Irish driving licence or a learner permit showing that the person had a legal right to reside in the State expires or is revoked,

(iii) in circumstances where the evidence that accompanied an application for an Irish driving licence or a learner permit showed that the legal right of the person to reside in the State was limited or finite, on an anniversary of the date on which the licence is granted,

(iv) where the Minister becomes aware following the grant of an Irish driving licence or a learner permit that—

(I) at the time an Irish driving licence or a learner permit was granted, the applicant did not meet the requirements for the granting of the Irish driving licence or a learner permit, or

(II) the Irish driving licence or a learner permit was obtained by fraud,

on the date on which the Minister notifies the holder of the Irish driving licence or a learner permit,

(cc) the retention of a revoked Irish driving licence or a learner permit by a member of the Garda Síochána, the subsequent destruction of a retained licence and the notification of the holder of the revoked licence;]

...

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence F123[and the disposal of such F129[fees;]]

F128[(q) the application to learner permits of harmonised Community codes under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 20061 on driving licences;

(r) the application to licences of national codes, along with corresponding information indicating—

(i) restrictions on the conditions of validity of a licence, or

(ii) matters voluntarily brought to the Minister’s attention by the holder of the licence.]

...

F128[(3A) The Minister may make regulations providing for—

(a) minimum standards of physical and mental fitness (including different standards in relation to a driving licence or learner permit in respect of different categories of vehicle) to be met by a person when he or she is making an application for a driving licence or learner permit,

(b) the classes of persons who, when applying for a driving licence or learner permit, are required to produce a medical report that certifies that the person meets standards prescribed under paragraph (a),

(c) the classes of persons who may carry out a medical examination and sign a medical report that certifies that a person meets standards prescribed under paragraph (a), and

(d) the form of a medical report for the purposes of paragraph (b).

(3B) The Minister may publish guidelines to be followed by a person who carries out a medical examination or signs a report for the purposes of the production of a medical report referred to in subsection (3A)(b).

(3C) A person who certifies that a person meets standards prescribed under subsection (3A)(a) who, at the time of so certifying, knows this to be false, or who includes in a medical report referred to in subsection (3A)(b), information which he or she knows to be false, is guilty of an offence.]

C60

Prospective affecting provision: subs. (3)(h) substituted by Road Traffic Act 2014 (3/2014), s. 6(d), not commenced as of date of revision.

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters: ...

(h) F130[the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;]

...

C61

Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), regs. 3 and 4.

3. Notwithstanding section 33 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), Regulations under section 42 of that Act may provide that the issuing authority for the purposes of section 33 of that Act shall not test or cause to be tested an applicant for a certificate of competency unless the applicant holds such driving licence or provisional licence as may be specified in the Regulations.

4. Regulations of the type referred to in Article 3 of these Regulations shall have effect in accordance with their terms and subsections (3) and (7) of section 33 and section 42 of the Road Traffic Act, 1961 are hereby amended accordingly.

Editorial Notes:

E415

Certain offences under section and regulations made under section and ss. 5(1), 23(2), 31(2), 34, 38(1) designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(b) and sch. 2 item 2, 4(d) and sch. 4, part 1, item 2, in effect as per reg. 1(2).

E416

Power pursuant to section, ss. 5 and 23(2) exercised (22.04.2022) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2022 (S.I. No. 193 of 2022).

E417

Power pursuant to section, ss. 5 and 23(2) exercised (21.02.2022) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2022 (S.I. No. 53 of 2022), in effect as per reg. 1(2).

E418

Power pursuant to section and s. 5(1) exercised (24.06.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2021 (S.I. No. 303 of 2021).

E419

Power pursuant to section and s. 5(1) exercised (11.01.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 11) Regulations 2020 (S.I. No. 7 of 2021).

E420

Power pursuant to subs. (2)(b) and s. 5(1) exercised (23.12.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 11) Regulations 2020 (S.I. No. 684 of 2020), in effect as per reg. 1(2).

E421

Power pursuant to subs. (3)(c) and s. 5(1) exercised (30.11.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 10) Regulations 2020 (S.I. No. 546 of 2020), in effect as per reg. 1(2).

E422

Power pursuant to subss. (2)(b), (c), (f), ss. 5(1) and 23(2) exercised (9.11.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 9) Regulations 2020 (S.I. No. 508 of 2020), in effect as per reg. 1(2).

E423

Power pursuant to subs. (2) and s. 5(1) exercised (1.11.2020 and 7.02.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 8) Regulations 2020 (S.I. No. 489 of 2020), in effect as per regs. 1(2), (3).

E424

Power pursuant to section exercised (29.07.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 6) Regulations 2020 (S.I. No. 265 of 2020). 

E425

Power pursuant to subs. (3)(j) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2020 (S.I. No. 126 of 2020).

E426

Power pursuant to section exercised (21.01.2019) by Road Traffic (Courses Of Instruction) (Learner Permit Holders) (Amendment) Regulations 2019 (S.I. No. 9 of 2019), in effect as per reg. 1(2).

E427

Power pursuant to subs. (2) exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Motorcycles) (Amendment) Regulations 2018 (S.I. No. 433 of 2018), in effect as per reg. 1(2).

E428

Power pursuant to subs. (2) exercised (19.07.2018) by European Union (Licensing of Drivers) Regulations 2018 (S.I. No. 270 of 2018).

E429

Power pursuant to subs. (2)(c) exercised (9.04.2018) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2018 (S.I. No. 98 of 2018), in effect as per reg. 1(2).

E430

Power pursuant to section exercised (1.01.2017) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2016 (S.I. No. 656 of 2016), in effect as per reg. 1(2).

E431

Power pursuant to subs. (2)(c) exercised (12.08.2016) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2016 (S.I. No. 447 of 2016), in effect as per reg. 1(2).

E432

Power pursuant to section exercised (31.05.2015) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2015 (S.I. No. 242 of 2015), in effect as per reg. 1(2).

E433

Offence under section for a contravention of sub-article (2) or (3) of Article 3 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000), declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(a)(i).

E434

Offence under subs. (6) for a contravention of Regulation 17(6)(b)(iii) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(iii).

E435

Power pursuant to section and s. 5(1) exercised (7.08.2014) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2014 (S.I. No. 381 of 2014).

E436

Power pursuant to section and s. 5(1) exercised (8.07.2014) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2014 (S.I. No. 326 of 2014).

E437

Power pursuant to section and s. 5(1) exercised (30.11.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2013 ( S.I. No. 467 of 2013).

E438

Power pursuant to section and ss. 5(1) and 23(2) exercised (29.10.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 (S.I. No. 420 of 2013).

E439

Power pursuant to section and s. 5(1) exercised (1.07.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2013 (S.I. No. 234 of 2013).

E440

Power pursuant to subs. (3)(n) exercised (12.03.2013) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2013 (S.I. No. 86 of 2013).

E441

Power pursuant to section and ss. 5(1), 23(2) and 31(2) exercised (19.01.2013 other than reg. 3(b)) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013).

E442

Power pursuant to section and s. 5(1) exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2012 (S.I. No. 330 of 2012).

E443

Power pursuant to section exercised (1.01.2013) by Road Traffic (Licensing of Drivers) (Fees) Regulations 2012 (S.I. No. 559 of 2012).

E444

Power pursuant to section and ss. 5(1), 23(2), 31(2) and 34 exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E445

Power pursuant to subs. (2)(m)-(o) exercised (10.1.2012) by Road Traffic (Courses of Instruction) (Learner Permit Holders) (Amendment) Regulations 2012 (S.I. No. 4 of 2012).

E446

Power pursuant to subs. (3)(n) exercised (10.1.2012) by Road Traffic (Licensing of Learner Drivers) (Certificate of Competency) (Amendment) Regulations 2012 (S.I. No. 3 of 2012).

E447

Power pursuant to subs. (2) exercised (20.12.2011) by Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011 (S.I. No. 681 of 2011).

E448

Power pursuant to subs. (2)(m)-(o) exercised (4.04.2011) by Road Traffic (Courses of Instruction) (Learner Permit Holders) Regulations 2011 (S.I. No. 173 of 2011).

E449

Power pursuant to section exercised (1.02.2011) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2011 (S.I. No. 35 of 2011).

E450

Power pursuant to section exercised (11.11.2010) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 (S.I. No. 544 of 2010).

E451

Power pursuant to subs. (3)(n) exercised (27.10.2010) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2010 (S.I. No. 509 of 2010).

E452

Power pursuant to section exercised (12.08.2010) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2010 (S.I. No. 403 of 2010).

E453

Power pursuant to section exercised (7.04.2009) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2009 (S.I. No. 130 of 2009).

E454

Power pursuant to section exercised (19.11.2008) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2008 (S.I. No. 471 of 2008).

E455

Power pursuant to section exercised (30.10.2007 and 1.12.2007) by Road Traffic (Licensing of Learner Drivers) Regulations 2007 (S.I. No. 719 of 2007).

E456

Power pursuant to section exercised (30.10.2007) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) Regulations 2007 (S.I. No. 725 of 2007), as amended (27.10.2010) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2010 (S.I. No. 509 of 2010).

E457

Power pursuant to this section and ss. 5(1), 23(2), 31(2), 34, 38(1) exercised (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).

E458

Power pursuant to this section and ss. 5 and 80 exercised (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992).

E459

Power pursuant to this section and ss. 5 and 33 exercised (4.02.1985) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1985 (S.I. No. 20 of 1985).

E460

Power pursuant to this section and ss. 5 and 33 exercised (1.10.1984) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1984 (S.I. No. 233 of 1984).

E461

Power pursuant to this section and ss. 5, 33 and 35 exercised (27.09.1974) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1974 (S.I. No. 295 of 1974).

E462

Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b), (c) and sch. 2 part 1, sch. 3 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E463

Previous affecting provision: power pursuant to section and s. 5(1) exercised (26.06.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 5) Regulations 2020 (S.I. No. 235 of 2020); revoked (24.06.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2021 (S.I. No. 303 of 2021), reg. 5. 

E464

Previous affecting provision: power pursuant to subs. (2) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2020 (S.I. No. 125 of 2020); revoked (26.06.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 5) Regulations 2020 (S.I. No. 235 of 2020), reg. 5.

E465

Previous affecting provision: power pursuant to section exercised (21.01.2019) by Road Traffic (Courses of Instruction) (Learner Permit Holders) (Amendment) Regulations 2018 (S.I. No. 450 of 2018), in effect as per reg. 1(2); revoked (21.01.2019) by Road Traffic (Courses Of Instruction) (Learner Permit Holders) (Amendment) Regulations 2019 (S.I. No. 9 of 2019), reg. 3, in effect as per reg. 1(2).

E466

Previous affecting provision: subs. (2) amended (3.07.2001) by Motor Vehicle (Duties and Licenses) Act 2001 (22/2001), s. 5, commenced on enactment; section substituted as per above F-note.

E467

Previous affecting provision: subs. (4) amended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 28, S.I. No. 350 of 1994; section substituted as per above F-note.

E468

Previous affecting provision: subs. (2) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; section amended as per above F-notes.

E469

Previous affecting provision: power pursuant to section exercised (30.10.2007 for period to 30.06.2008) by Road Traffic (Licensing of Learner Drivers) (No. 2) Regulations 2007 (S.I. No. 724 of 2007).

E470

Previous affecting provision: power pursuant to this section and ss. 5, 31, 34 and 35 exercised (15.11.2004 and 14.02.2005) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004 (S.I. No. 705 of 2004); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(f).

E471

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.2002) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2001 (S.I. No. 516 of 2001); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(d).

E472

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35, 38(7) exercised (25.04.2001) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2001 (S.I. No. 169 of 2001); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(c).

E473

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (23.11.1999) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1999 (S.I. No. 366 of 1999); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(b).

E474

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a).

E475

Previous affecting provision: power pursuant to this section and ss. 5 , 23(2), 31, 33, 34, 35 and 38(7) exercised (18.12.1997) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1997 (S.I. No. 511 of 1997); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E476

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35, 38(7) exercised (5.11.1996) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1996 (S.I. No. 328 of 1996), revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E477

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.09.1995) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1995 (S.I. No. 217 of 1995); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E478

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.05.1994 and 1.0.1994) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1994 (S.I. No. 56 of 1994); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E479

Previous affecting provision: power pursuant to this section and s. 5 exercised (18.01.1993) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1993 (S.I. No. 5 of 1993); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E480

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.1992) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1991 (S.I. No. 320 of 1991), revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E481

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (1.01.1990) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1989 (S.I. No. 353 of 1989); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E482

Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E483

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (2.11.1987) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1987 (S.I. No. 236 of 1987); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E484

Previous affecting provision: power pursuant to this section and ss. 5, 32 and 34 exercised (3.11.1986) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1986 (S.I. No. 340 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E485

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (3.02.1986) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1986 (S.I. No. 23 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E486

Previous affecting provision: power pursuant to this section and ss. 5 and 35 exercised (12.08.1985) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1985 (S.I. No. 254 of 1985); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E487

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (30.01.1984) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1984 (S.I. No. 18 of 1984); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E488

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.03.1983 and 1.04.1983) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1983 (S.I. No. 49 of 1983); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E489

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.03.1982) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1982 (S.I. No. 27 of 1982); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E490

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (6.08.1981) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1981 (S.I. No. 276 of 1981), revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 60 and sch. 7.

E491

Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 31, 33, 34 and 35 exercised (1.07.1981) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1981 (S.I. No. 198 of 1981); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 61 and sch. 7.

E492

Previous affecting provision: power pursuant to this section and s. 5 exercised (1.08.1980) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1980 (S.I. No. 225 of 1980); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E493

Previous affecting provision: power pursuant to this section and ss. 5, 22, 33 and 35 exercised (16.10.1979) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1979 (S.I. No. 342 of 1979); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E494

Previous affecting provision: power pursuant to this section and ss. 5, 22, 33 and 35 exercised (11.10.1979) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1979 (S.I. No. 337 of 1979); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E495

Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.12.1975) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1975 (S.I. No. 277 of 1975); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E496

Previous affecting provision: power pursuant to this section and ss. 5, 33 and 35 exercised (27.09.1974) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1974 (S.I. No. 295 of 1974); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 60 and sch. 7.

E497

Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 33, 34 and 35(2) exercised (1.06.1973) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1973 (S.I. No. 120 of 1973); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E498

Previous affecting provision: power pursuant to this section and ss. 5, 33 and 35 exercised (24.07.1969) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1969 (S.I. No. 140 of 1969); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E499

Previous affecting provision: power pursuant to this section and s. 5 exercised (5.05.1967) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1967 (S.I. No. 113 of 1967); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E500

Previous affecting provision: power pursuant to this section and s. 5 exercised (24.01.1967) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1967 (S.I. No. 24 of 1967); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E501

Previous affecting provision: power pursuant to this section and s. 5 exercised (16.05.1966) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1966 (S.I. No. 99 of 1966); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

E502

Previous affecting provision: power pursuant to this section and ss. 5, 33, 34 and 35 exercised (28.02.1966) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1966 (S.I. No. 47 of 1966); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E503

Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 23(2), 31, 33, 34, 35 and 38(7) exercised (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E504

Previous affecting provision: power pursuant to this section and s. 5 exercised (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

1 OJ No. L 403, 30.12.2006, p. 18

Section 43

Transitional provisions (Part III).

43

43.(1) A licence under Part III of the repealed Act in force at the commencement of this subsection shall be deemed to be a driving licence.

(2) An order under section 30 of the repealed Act in force at the commencement of this subsection shall be deemed to be a consequential disqualification order.

(3) An order under section 31 of the repealed Act in force at the commencement of this subsection shall be deemed to be an ancillary disqualification order.

(4) An order under section 32 of the repealed Act in force at the commencement of this subsection shall be deemed to be a special disqualification order.

(5) If and so long as, section 26 of this Act having come into operation, the repeal by this Act of Part III (other than sections 29 and 30) of the repealed Act has not come into operation, a consequential disqualification order shall be deemed for the purposes of the repealed Act to be a consequential disqualification order under that Act notwithstanding the repeal of section 30 thereof.

(6) If and so long as, section 29 of this Act having come into operation, the repeal by this Act of section 31 of the repealed Act has not come into operation, the said section 29 shall apply to an order under the said section 31.

PART IV.

Speed Limits.

Annotations

Modifications (not altering text):

C62

Power of Minister to make regulations under Part IV (ss. 44-47) modified (1.01.1994) by Roads Act 1993 (14/1993), s. 23(2)(c), S.I. No. 406 of 1993.

The Authority and traffic management.

23.—...

(2) The Minister shall consult with the Authority before— ...

(c) making regulations in relation to national roads under Part IV of the Act of 1961.

...

Editorial Notes:

E505

Speed limits under Part IV (ss. 44-47) applied (23.12.2001) to light rail vehicles and related offence created by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 54(1) and (5), commenced on enactment.

Section 44

Ordinary speed limits.

44

44.—F131[]

Annotations

Amendments:

F131

Repealed (20.01.2005) by Road Trafic Act 2004 (44/2004), s. 14, S.I. No. 8 of 2005.

Editorial Notes:

E506

Previous affecting provision: power pursuant to this section and ss. 5 and 44A exercised (30.07.1992) by Road Traffic (General and Ordinary Speed Limits) Regulations 1992 (S.I. No. 194 of 1992); revoked (20.01.2005) by Road Traffic (Ordinary Speed Limits - Certain Vehicles) Regulations 2005 (S.I. No. 9 of 2005), reg. 6.

E507

Previous affecting provision: power pursuant to this section and ss. 5, 45 and 46 exercised (1.04.1963) by Road Traffic (Speed Limits) Regulations 1963 (S.I. No. 18 of 1963); revoked (30.07.1992) by Road Traffic (General and Ordinary Speed Limits) Regulations,1992 (S.I. No. 194 of 1992), reg. 3.

Section 44A

F132[General speed limit

44A

44A. F133[]]

Annotations

Amendments:

F132

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 24, S.I .No. 169 of 1968.

F133