Road Traffic Act 1968

SCHEDULE

Minor and consequential amendments of Principal Act

Annotations:

Amendments:

F45

Substituted by Road Traffic and Road Acts 2023(16/2023), s. 6(d), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: schedule title substituted by Road Traffic and Road Acts 2023(16/2023), s. 6(d), not commenced as of date of revision.

F45[SCHEDULE 1

Minor and consequential amendments of Principal Act]

Section 6.

Provision amended

Nature of Amendment

(1)

(2)

Section 3.

The insertion in subsection (1) after the definition of “footway” of “‘general speed limit’ means a speed limit under section 44A of this Act;”.

The substitution in subsection (1) for “‘pedestrian-controlled mechanically propelled vehicle’” of “‘pedestrian controlled vehicle’”.

The substitution in the definition of “street service vehicle” of “in a public place” for “on a public road” in each place where that phrase occurs.

Section 11.

The insertion after “towing gear” in subsection (6) of “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”.

Section 12.

The insertion after “combination” where that secondly occurs in subsection (3) (b) of “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”.

The insertion after “the vehicle” in subsection (3) (c) of “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”.

Section 15.

The insertion after “road authority” where that secondly occurs in subsection (5) and after “Garda Síochána” in subsection (7) of “or an officer of the Minister”.

Section 16.

The insertion after “an officer” in subsection (7) (a) (ii) of “or a servant”.

The insertion after subsection (7) (a) (ii) of:—

“or

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

Section 17.

The insertion after subsection (2) of the following subsection:

“(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.”

Section 18.

The deletion in subsections (1), (7), (10) (a) and (10) (l) of “mechanically propelled”.

Section 19.

The deletion in subsections (1) (a) and (2) (a) of “mechanically propelled”.

Section 20.

The insertion before “consequent” in subsection (3) of “consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a mechanically propelled vehicle, or”.

The insertion before “consequent” in subsection (5) of “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”.

Section 26.

The insertion after subsection (3) (a) (ii) of:

“or

(iii) an offence under section 30 (3) of the Road Traffic Act, 1968,”.

The substitution for subsection (3) (b) of:

“(b) (i) Where a person, who has previously been convicted of an offence under section 49 of this Act, is convicted of an offence under section 30 (3) of the Road Traffic Act, 1968, the first-mentioned conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction under section 30 (3) of the Road Traffic Act, 1968.

(ii) Where a person, who has previously been convicted of an offence under section 30 (3) of the Road Traffic Act, 1968, is convicted of an offence under section 49 of this Act, the first-mentioned conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction under section 49 of this Act.”

The insertion after “section 49 of this Act” in subsection (5) (a) (i) of “or section 30 (3) of the Road Traffic Act, 1968”.

The substitution for subsection (5) (b) of:

“(b) (i) Where a person, who has previously been convicted of an offence under section 49 of this Act, is convicted of an offence under section 30 (3) of the Road Traffic Act, 1968, the first-mentioned conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction under section 30 (3) of the Road Traffic Act, 1968.

(ii) Where a person, who has previously been convicted of an offence under section 30 (3) of the Road Traffic Act, 1968, is convicted of an offence under section 49 of this Act, the first-mentioned conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction under section 49 of this Act.”

Section 36.

The insertion after “5,” in subsection (1) of “5A, 5B,”.

The deletion from subsections (3) (b) and (4) (b) of “or postponed” and “or postponement” in each place where they occur.

Section 40.

The insertion after “so much of the licence as” in subsection (5) of “specifies the class or classes of vehicles in respect of which the licence was granted and the statement (if any) required to be contained in the licence by section 22 of the Road Traffic Act, 1968, and”.

Section 42.

The insertion after subsection (2) (j) of the following:

“(k) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a driving licence or provisional licence or a licence issued under Part III of the repealed Act, and the disposition of such fees.”

Section 54.

The deletion of subsection (1).

The deletion from subsection (4) of “subsection (1) or”.

Section 58.

The insertion after “that section” in paragraph (a) and after “that business” in paragraph (b) of the following:

“under and in accordance with a licence granted by the Minister for Industry and Commerce under Part II of the Insurance Act, 1936”.

Section 64.

The deletion of “subsection (1) of” in subsection (3).

The insertion after subsection (3) of the following subsection:

“(4) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be instituted within twelve months from the date of the offence.”

Section 65.

The substitution for subsection (1) (a) of the following:

“(a) any person claiming in respect of injury to person to himself sustained while he was in or on a mechanically propelled vehicle (or a vehicle drawn thereby) to which the relevant document relates, other than a mechanically propelled vehicle, or a drawn vehicle, or vehicles forming a combination of vehicles, of a class specified for the purposes of this paragraph by regulations made by the Minister,”.

The insertion after “mechanically propelled vehicle” in subsection (1) (c) of “(or a vehicle drawn thereby)”.

The deletion of subsections (1) (e) to (1) (g).

Section 76.

The substitution for “a misdemeanour” in subsection (1) (e) of “an offence”.

Section 77.

The substitution in subsection (5) of “the Minister” for “the Minister for Industry and Commerce”.

Section 84.

The deletion of “in public roads” in subsections (1) (a) and (1) (c).

Section 87.

The substitution for “a fee of one shilling” in subsection (8) and for “a fee of sixpence for every folio or part of a folio of seventy-two words contained in the copy” in subsection (9) of “the prescribed fee”.

Section 89.

The insertion before “restricting” in subsection (2) (h) and (2) (i) of “prohibiting or”.

The insertion of the following after subsection (2) (l):

“(m) the control and regulation of traffic and pedestrians on public roads (whether specified in bye-laws or not) by means of traffic signs in relation to which regulations, including regulations as to the significance to be attached to those signs, are for the time being in force under subsection (2) of section 95 of this Act (and, in particular, requiring persons in charge of traffic and pedestrians to comply with any prohibition, restriction or requirement indicated by those signs).”

Section 90.

The substitution for subsection (2) (i) of the following:

“(i) prohibiting any person other than a licensed parking attendant from acting, or holding himself out as ready to act, as a parking attendant on a public road;”

The insertion of the following after subsection (2) (i):

“(j) the control and regulation of parking on public roads (whether specified in bye-laws or not) by means of traffic signs in relation to which regulations, including regulations as to the significance to be attached to those signs, are for the time being in force under subsection (2) of section 95 of this Act (and, in particular, requiring persons in charge of vehicles to comply with any prohibition, restriction or requirement indicated by those signs).”

The deletion of “at parking places” in subsection (6) (a).

The substitution of the following subsection for subsection (9):

“(9) Whenever there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is involved, each of the following persons shall be guilty of an offence:

(a) the registered owner of the vehicle,

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the hirer under the agreeement, and

(c) if the person parking it is not the registered owner or the hirer under a hire-drive agreement, the person parking the vehicle.”

The deletion from the definition of “licensed parking attendant” in subsection (15) (a) of “at a parking place”.

Section 91.

The insertion after “manual direction” in subsection (2) of “or by the use of portable signs of such size, form and colour and having such significance as may be prescribed”.

The insertion after “this section” in subsection (3) of “or who contravenes a prohibition, restriction or requirement indicated by a sign referred to in subsection (2) of this section”.

Section 92.

The substitution for “Sections 219 to 223” in subsection (2) of “Sections 219 and 221 to 223”.

Section 95.

The insertion after “86,” in the definition of “road regulation” of “91,”.

The insertion after “both” in paragraph (c) of the definition of “traffic sign” of “or indicates the existence of a provision in an enactment relating to road traffic”.

Section 96.

The substitution of “school wardens” for “traffic wardens” in subsection (1).

The substitution of “school warden” for “traffic warden” in subsections (2), (4) and (6).

Section 101.

The deletion of subsections (4) and (5).

The insertion after “cloak rooms” in subsection (6) (b) of “, petrol stations, shops”.

The insertion after subsection (7) (c) of the following:

“(d) specifying the conditions subject to which vehicles may use the car park.”

The insertion after subsection (7) of the following:

“(7A) A person who contravenes a bye-law under subsection (7) of this section shall be guilty of an offence.”

The substitution for “Sections 219 to 223” in subsection (8) of “Section 219 and sections 221 to 223”.

The insertion after “any part thereof” in subsection (10) of “or any facilities provided for the car park under subsection (6) of this section”.

The insertion after subsection (11) of the following:

“(12) The Minister may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans from the Road Fund towards the expenses incurred under this section by a local authority.

(13) The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1967.”

Section 103.

The insertion after subsection (6) of the following:

“(6A) Different amounts may be prescribed for the purposes of paragraph (b) of subsection (2) and paragraph (b) of subsection (3) of this section in respect of different offences, different classes of vehicles and in respect of offences alleged to have been committed in particular public places or in different areas.”

Section 104.

The substitution for “section 47, 52 or 53” of “section 47, 51A, 52 or 53”.

The insertion of the following subparagraph after paragraph (i) (I) of the proviso:

“(IA) notwithstanding the failure, the accused was at all material times aware of the occurrence in respect of which the prosecution for such an offence is brought, or”.

Section 106.

The substitution for subsection (1) (d) of the following:

“(d) if—

(i) injury is caused to property other than that of the driver of the vehicle and for any reason he or, if he is killed or incapacitated, the person then in charge of the vehicle does not at the place of the occurrence give the appropriate information to a person entitled under this section to demand it, or

(ii) injury is caused to a person other than the driver of the vehicle,

the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall, unless he had already given the appropriate information to a member of the Garda Síochána, report the occurrence as soon as possible to such a member and, if necessary, shall go for that purpose to the nearest convenient Garda station and also give on demand the appropriate information to the member.”

Section 109.

The insertion after “Garda Síochána” in subsection (1) of “and shall keep it stationary for such period as is reasonably necessary in order to enable such member to discharge his duties”.

Section 113.

The insertion after “is committing” in subsection (3) of “or has committed”.

Section 114.

The insertion after subsection (4) (b) (v) of the following:

“(vi) the exclusion from the regulations of specified classes of vehicles.”

Section 115.

The insertion after “licence” in each place where it occurs in subsections (1) and (3) of “, plate”.

The insertion after “thereunder” in subsection (4) of “or a special permit under regulations under section 13 of this Act”.

Section 123.

The substitution for “an exempted person” in paragraph (a) (ii) of “a vehicle insurer or an exempted person within the meaning of Part VI of this Act”.

Second Schedule.

The insertion after paragraph 4 of the following:

“Refusal or failure to provide, or to permit taking of, specimen at Garda station (section 49).

4A. An offence under section 30 (3) of the Road Traffic Act, 1968.”

The substitution for paragraph 5 of the following paragraphs:

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

5. An offence under section 50, being a second or any subsequent offence within any period of 3 years:

provided that, where a person who has previously been convicted of an offence under section 49 of this Act or section 30 (3) or 33 (3) of the Road Traffic Act, 1968, is convicted of an offence under section 50 of this Act, the first-mentioned conviction shall, for the purposes of this paragraph, be regarded as a conviction under section 50 of this Act.

Refusal or failure to provide, or to permit taking of, specimen at Garda station (section 50).

5A. An offence under section 33 (3) of the Road Traffic Act, 1968, being a second or any subsequent offence within any period of 3 years:

provided that, where a person who has previously been convicted of an offence under section 49 or 50 of this Act or section 30 (3) of the Road Traffic Act, 1968, is convicted of an offence under section 33 (3) of the Road Traffic Act, 1968, the first-mentioned conviction shall, for the purposes of this paragraph, be regarded as a conviction under section 33 (3) of the Road Traffic Act, 1968.”

The insertion after paragraph 5 of the following:

“Careless driving.

5B. An offence under section 52, where the contravention involved the driving of a mechanically propelled vehicle, being a third or any subsequent such offence within any period of three years.”