Road Traffic Act 1961
Patrol of places where school-children cross public roads.
96.— (1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may, with the consent of the Commissioner of the Garda Síochána, make arrangements for the patrolling, by persons (in this section referred to as F193 [ school wardens ] ) employed or nominated by them, of places where school-children cross public roads.
(2) A F193 [ school warden ] may exhibit such sign as may be prescribed requiring traffic to stop and remain stopped so as to enable school-children to cross the road in safety, and traffic shall stop and remain stopped accordingly so long as the sign is exhibited.
(3) A person who fails to stop a vehicle or animal or keep it stopped in accordance with subsection (2) of this section shall be guilty of an offence.
(4) The power conferred on a F193 [ school warden ] by subsection (2) of this section shall be exercisable only if the warden is wearing such uniform as may be prescribed.
(5) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.
(6) A person acting as a F193 [ school warden ] shall, in any legal proceedings, be presumed, until the contrary is shown, to have been so acting in accordance with arrangements duly made under this section and with the regulations for the purposes of this section.
(7) In this section—
“ traffic” does not include pedestrians;
“ uniform” includes any garment, armlet or cap.
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Prospective affecting provision: penalty points in respect of failure to stop vehicle at school warden sign 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. 13, not commenced as of date of revision.
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) and (d), sch. 2 part 1 and sch. 4 part 1, in effect as per reg. 2.
The making of arrangements in relation to school wardens is designated a reserved function by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 1 ref. no. 20, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.
Previous affecting provision: certain offences under section declared to be 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, 5(a)(i) and sch. 1 part 1, in effect as per reg. 2. The first enabling section, s. 5, remains in force. The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017).
The making of arrangements under subs. (1) is designated a reserved function performable by resolution of the members of a local authority (1.03.1993) by Local Government Act, 1991 (Reserved Functions) Order 1993 (S.I. No. 37 of 1993), reg. 2 and sch., in effect as per art. 3.
Previous affecting provision: certain powers conferred on Commissioner of the Garda Síochána by section transferred to Dublin Transport Authority (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 35, S.I. No. 357 of 1986. Dublin Transport Authority Act 1986 repealed and powers transferred back to the Garda Commissioner (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), ss. 13 and 8, commenced as per s. 15(5).
Previous affecting provision: power pursuant to this section, ss. 5, 86 and 95 exercised (15.10.1962) by Road Traffic (Signs) Regulations 1962 (S.I. No. 171 of 1962); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.