Road Traffic Act 1961

F259 [ SECOND SCHEDULE

Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.

Using mechanically propelled vehicle without test certificate.

1. An offence by a person under subsection (2) of section 18, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.

Driving mechanically propelled vehicle before remedying dangerous defect.

2. An offence by a person under subsection (10) of section 20 , being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.

Driving mechanically propelled vehicle when unfit.

3. An offence by a person under section 48 , being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.

Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.

4. An offence under section 4 of the Road Traffic Act 2010.

Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.

5. An offence under section 5 of the Road Traffic Act 2010.

F260 [ Failure to comply with requirement to perform impairment test

5A. An offence under section 11 of the Road Traffic Act 2010 . ]

Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.

F261 [ (6) An offence under section 12 , 13B or 14 of the Road Traffic Act 2010 . ]

F262 [ Failure to give permission to forward specimen test certificate

6A. An offence under section 17A of the Road Traffic Act 2010 . ]

Careless driving.

7. An offence by a person under section 52 , where the contravention involved the driving of a mechanically propelled vehicle, being an offence committed in a period of 3 years in which 2 or more previous offences were committed by the person under that section for which he or she was convicted.

Dangerous driving of mechanically propelled vehicle.

8. An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle.

Driving of dangerously defective mechanically propelled vehicle.

9. An offence by a person under section 54, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.

Parking mechanically propelled vehicle in dangerous position.

10. An offence by a person under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.

Use of mechanically propelled vehicle not insured.

11. An offence under section 56 .

Failure to fulfil duties on occurrence of accident.

12. ( a ) An offence under section 106 where the contravention involved non-compliance with F263 [ paragraph (a) , (aa) or (b) ] of subsection (1) of that section, injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned.

( b ) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.

Taking mechanically propelled vehicle without authority.

13. An offence under subsection (2) of section 112 .

Driving mechanically propelled vehicle without driving licence while disqualified, etc.

14. An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.

Using vehicle without certificate of roadworthiness.

15. An offence by a person under Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ), being an offence committed in a period of 3 years in which a previous offence was committed by the person under that Regulation for which he or she was convicted. ]

Annotations

Amendments:

F259

Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(2), S.I. No. 543 of 2011.

F260

Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(i), S.I. No. 536 of 2014, in effect as per reg. 2(c).

F261

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(c), S.I. No. 129 of 2017.

F262

Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(ii), S.I. No. 535 of 2014, in effect as per reg. 2.

F263

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(b), commenced on enactment.

F264

Substituted by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 43, not commenced as of date of revision.

Modifications (not altering text):

C86

Prospective affecting provision: para. (15) substituted by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 43, not commenced as of date of revision.

F264 [ 15. An offence by a person under

( a ) Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ), or

( b ) section 6 (2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012,

being an offence committed in a period of 3 years in which a previous offence was committed by the person under ( a ) or ( b ) for which he or she was convicted. ]

C87

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.

Editorial Notes:

E1003

Previous affecting provision: paras. (14), (15) inserted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 6(2), S.I. No. 86 of 2007; substituted as per above F-note, subject to commencement of the substituting provision.

E1004

Previous affecting provision: schedule substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(l), S.I. No. 350 of 1994; superseded as per above F-note, subject to commencement of the substituting provision.

E1005

Previous affecting provision: schedule amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 24, S.I. No. 192 of 1978; substituted as per E-note above.

E1006

Previous affecting provision: schedule amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; substituted as per E-note above.