Road Traffic Act 1968

Determination of maximum weights.

11

11. (1) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle and exhibited thereon a plate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(2) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle a certificate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(3) Where a person contravenes subsection (1) or (2) he shall be guilty of an offence and, where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.

(4) Where a person charged with an offence under subsection (3) is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that the use was unauthorised.

(5) The owner of a vehicle to which this section applies may apply to the issuing authority for a plate and a certificate under this section in respect of the vehicle.

(6) Where an application is made under subsection (5) the issuing authority shall determine the descriptions of maximum weights which are not to be exceeded in the case of the vehicle or of any combination of vehicles of which it is a part and shall issue a plate and a certificate in the prescribed forms in respect of the vehicle.

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

(8) Regulations under this section may, in particular and without prejudice to the generality of subsection (7), provide for all or any of the following matters:

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

( b) exempting from subsections (1) and (2) 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 manner in which maximum weights shall be determined, the manner in which any particulars relevant to such determination shall be ascertained or calculated, and the carrying out of tests for the purpose of such determinations;

( e) the making of applications for plates and certificates under this section and the specifying of conditions subject to which such applications may be made;

( f) the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees;

( g) the keeping of records by specified persons;

( h) the forms and periods of validity of plates and certificates under this section;

( i) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6);

( j) providing, in the event of a specified alteration to a vehicle in respect of which a plate and certificate under this section have been issued, for the surrender of the plate and certificate to a specified person;

( k) the issue by issuing authorities of duplicate plates and certificates under this section in place of plates and certificates lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;

( l) providing in specified cases that the determination of descriptions of maximum weights and other particulars on plates and certificates under this section shall be subject to the general or particular approval of the Minister;

( m) providing for the production to specified officers of the Minister, to members of the Garda Síochána, or to other specified persons of certificates under this section and of records kept under this section.

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

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

(11) A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence.

(12) 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.

Annotations:

Modifications (not altering text):

C13

Application of section affected (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(1), commenced on enactment, as amended (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(c), S.I. No. 491 of 2002 and as further amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(c) and table part 3 ref. no. 1 , S.I. No. 86 of 2007.

Increase of certain penalties under Act of 1968, etc.

4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding [€2000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

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Editorial Notes:

E47

Power pursuant to section 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.

E48

Power pursuant to section 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.

E49

Power pursuant to section exercised (1.01.2016) by Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 (S.I. No. 247 of 2014), in effect as per reg. 1(2).