Road Traffic Act 1968

Number 25 of 1968

ROAD TRAFFIC ACT 1968

REVISED

Updated to 13 September 2023

This Revised Act is an administrative consolidation of the Road Traffic Act 1968. 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 Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), enacted 13 October 2023, and all statutory instruments up to and including the Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 2023 (S.I. No. 450 of 2023), made 13 September 2023, were considered in the preparation of this Revised Act.

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

revisedacts@lawreform.ie.

Number 25 of 1968

ROAD TRAFFIC ACT 1968

REVISED

Updated to 13 September 2023

ARRANGEMENT OF SECTIONS

Part I

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Collective citation and construction.
4.	Commencement.
5.	Repeals.
6.	Minor and consequential amendments of Principal Act.
7.	Non-application of Public Offices Fees Act, 1879.

pt. II

General Provisions Relating to Vehicles

8.	Control of supply of vehicles.
9.	Control of importation, etc, of vehicle parts.
10.	Control and operation of trailers.
11.	Determination of Maximum weights.
12.	Inspection and examination of vehicles.
13.	Inspection and examination of vehicles in large fleets.
14.	Approval marks.
15.	Obligatory penalty for excess weight.
16.	Extension of powers of authorised officer under section 16 of Principal Act.
17.	Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.

pt. III

Driving Licences

18.	Regulations in relation to control of driving instruction.
18A.	Disqualification of driving instructors.
19.	Amendment of section 29 of Principal Act. (Repealed)
20.	Operation of disqualification order.
21.	Amendment of section 33 of Principal Act.
22.	Limited certificates of competency for special cases.
23.	Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

Part IV

Speed Limits

24.	General speed limit.
25.	Amendment of section 46 of Principal Act.
26.	Amendment of section 47 of Principal Act.

Part V

Driving Offences

27.	Definitions for Part V.
28.	Obligation to provide preliminary specimen of breath. (Repealed)
29.	Amendment of section 49 of Principal Act. (Repealed)
30.	Obligation to provide, or permit taking of, specimen at Garda station (section 49). (Repealed)
31.	Bar to certain defences to charges under section 49 of Principal Act. (Repealed)
32.	Amendment of section 50 of Principal Act. (Repealed)
33.	Obligation to provide, or permit taking of specimen at Garda station (section 50). (Repealed)
34.	Bar to certain defences to charges under section 50 of Principal Act. (Repealed)
35.	Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act. (Repealed)
36.	Defence to refusal to permit taking of specimen. (Repealed)
37.	Establishment of Bureau for purposes of this Part.
38.	Functions and duties of the Bureau.
39.	Director of the Bureau.
40.	Provisions of the establishment order.
41.	Expenses of the Bureau.
42.	Protection of Director, etc, against legal proceedings.
43.	Procedure following taking or provision of specimen. (Repealed)
44.	Evidential effect to of certificate under section 43. (Repealed)
45.	Right to further analysis. (Repealed)
46.	Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen. (Repealed)
47.	Regulations for sections 27 to 46. (Repealed)
48.	Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. (Repealed)
49.	Driving without reasonable consideration. (Repealed)
50.	Careless driving. (Repealed)
51.	Amendment of section 53 of Principal Act. (Repealed)
52.	Amendment of section 55 of Principal Act. (Repealed)

Part VI

Compulsory Insurance

53.	Cesser of provisions of Principal Act relating to approved guarantee.
54.	Exempted person.
55.	Deposits by exempted persons.

Part VII

Public Service Vehicles

56.	Penalty for damaging public service vehicle.
57.	Amendment of section 82 of Principal Act.
58.	Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.

Part VIII

Regulation of Traffic

59.	Penalty on person found in a public place while under influence of intoxicating liquor or drug.
60.	Regulations for the general control of traffic and pedestrians. (Repealed)
61.	Amendment of section 93 of Principal Act.
62.	Transfer of traffic functions to local authorities.
63.	Removal of vehicles abandoned or unlawfully parked.

Part IX

Miscellaneous

64.	Amendment of section 103 of Principal Act. (Repealed)
65.	Taking vehicle without authority.
66.	Investigation and inquiry by person authorised by Minister into accident involving vehicle.

SCHEDULE 1

Minor and Consequential Amendments of Principal Act

SCHEDULE 2

Specified Offences

Acts Referred to
Road Traffic Act, 1961	1961, No. 24.
Merchandise Marks Act, 1887	1887, c. 28.
Merchandise Marks Act, 1931	1931, No. 48.
Roads Act, 1920	1920, c. 72.
Finance (Excise Duties) (Vehicles) Act, 1952	1952, No. 24.
Road Traffic Act, 1933	1933, No. 11.
Roads Act, 1920	1920, c. 72.
Civil Service Commissioners Act, 1956	1956, No. 45.
Civil Service Regulation Act, 1956	1956, No. 46.
Licensing Act, 1836	1836, c. 38.
Licensing Act, 1872	1872, c. 94.
Licensing (Ireland) Act, 1874	1874, c. 69.
Summary Jurisdiction Act, 1908	1908, c. 24.
Insurance Act, 1936	1936, No. 45.
Petty Sessions (Ireland) Act, 1851	1851, c. 93..

Number 25 of 1968

ROAD TRAFFIC ACT 1968

REVISED

Updated to 13 September 2023

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACT, 1961, TO PROVIDE FOR THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES AND VEHICLES DRAWN BY SUCH VEHICLES, TO PROVIDE IN PARTICULAR FOR THE ASCERTAINMENT BY TESTS OF THE CONCENTRATION OF ALCOHOL IN THE BLOOD OF PERSONS IN CHARGE OF MECHANICALLY PROPELLED VEHICLES AND FOR OFFENCES BY SUCH PERSONS, TO MAKE PROVISIONS DESIGNED TO ENSURE THE ROADWORTHINESS OF VEHICLES AND THEIR EQUIPMENT, TO AUTHORISE CERTAIN CHARGES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th July, 1968]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—

Annotations

Modifications (not altering text):

Prospective affecting provision: application of collectively cited Road Traffic Acts 1961 to 2010 affected by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.

Cost of prosecutions — road traffic offences.

82.—(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

...

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.]

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

...

References to term “Commissioner” in collectively cited Road Traffic Acts 1961 to 2010 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.

...

References to term “provisional licence” in collectively cited Road Traffic Acts 1961 to 2006 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.

...

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.

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,

...]

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.

Meaning of “road” and “public place” for purposes of collectively cited Road Traffic Acts 1961 to 1995 extended (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.

C10

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.

...

C11

Meaning of “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 extended (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:

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.

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.

Multiple convictions for certain offences under collectively cited Road Traffic Acts 1961 to 2014 not required to be disclosed by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47/2012), ss. 14(4A), 14A, as amended and inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), ss. 20(b), 21, S.I. No. 215 of 2016.

Multiple convictions for certain offences under collectively cited Road Traffic Acts 1961 to 2015 not excluded from being regarded as spent (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 5, S.I. No. 215 of 2016.

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).

Procedure prescribed for fixed charge offences under collectively cited Road Traffic Acts 1961 to 2010 by Road Traffic Act 2010 (25/2010), ss. 34-49, not commenced as of date of revision other than s. 48, commenced (25.07.2012) by S.I. No. 293 of 2012.

Alcohol testing procedure and evidentiary requirements prescribed (28.10.11) 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.

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.

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 collectively cited 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 collectively cited Road Traffic Acts 1961 to 2004 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 collectively cited 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, pt. 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, pt. 1 to pt. 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 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.

E24

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.

E25

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.

E26

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.

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Road Traffic Act 1968