Road Traffic (Amendment) Act 1984
Number 16 of 1984
ROAD TRAFFIC (AMENDMENT) ACT 1984
REVISED
Updated to 28 May 2019
This Revised Act is an administrative consolidation of the Road Traffic (Amendment) Act 1984. 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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, 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 16 of 1984
ROAD TRAFFIC (AMENDMENT) ACT 1984
REVISED
Updated to 28 May 2019
ARRANGEMENT OF SECTIONS
|
Section |
|
|
Increase of certain penalties under Section 102 of Principal Act. |
|
|
Increase of certain other penalties under Principal Act, etc. |
|
|
Acts Referred to |
|
|
1961, No. 24 |
|
|
1968, No. 25 |
|
|
1978, No. 19 |
|
Number 16 of 1984
ROAD TRAFFIC (AMENDMENT) ACT 1984
REVISED
Updated to 28 May 2019
AN ACT TO PROVIDE FOR INCREASED PENALTIES IN RESPECT OF CERTAIN OFFENCES UNDER THE ROAD TRAFFIC ACTS, 1961 to 1978, AND FOR CERTAIN OTHER MATTERS RELATING TO ROAD TRAFFIC. [18th July, 1984]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
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.
...
C2
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, 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.]
C3
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 ... |
C4
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.
...
C5
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.
...
C6
Power to make regulations under 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.
C7
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,
...]
C8
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.
C9
Meaning of “road” and “public place” 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:
E1
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.
E2
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.
E3
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), s. 14A, as inserted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 21, S.I. No. 215 of 2016.
E4
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.
E5
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).
E6
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.
E7
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.
E8
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.
E9
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: 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.
E22
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.
E23
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.
E24
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.
E25
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.
Section 1
Definitions.
1.—In this Act—
“the Act of 1968” means the Road Traffic Act, 1968;
“the Act of 1978” means the Road Traffic (Amendment) Act, 1978;
“the Principal Act” means the Road Traffic Act, 1961.
Section 2
Increase of certain penalties under Section 102 of Principal Act.
2.—Section 102 of the Principal Act, which provides for a penalty for certain offences under that Act, is hereby amended—
(a) by the substitution of “£150” for “twenty pounds” in paragraph (a), and
(b) by the substitution of “£350” for “fifty pounds” in paragraphs (b) and (c).
Section 3
Increase of certain other penalties under Principal Act, etc.
3.—(1) A person convicted of an offence for which a penalty is provided in a section of the Principal Act specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly.
(2) The following subsection is hereby substituted for subsection (4) of section 12 of the Principal Act:
“(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.
(b) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.
(3) The following subsection is hereby substituted for subsection (5) of section 16 of the Principal Act:
“(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.
(4) Section 26 of the Principal Act is hereby amended—
(a) by the insertion of the following subsection after subsection (3):
“(3A) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 56 of this Act, be not less than one year.”,
and
(b) by the substitution of the following subsection for subsection (4):
“(4) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (3) or (3A) of this section, be not less than six months.”.
(5) The following subsection is hereby substituted for subsection (2) of section 48 of the Principal Act:
“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.
(6) The following subsection is hereby substituted for subsection (2) of section 51 (inserted by section 48 of the Act of 1968) of the Principal Act:
“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—
(a) if the offence relates to an animal-drawn vehicle, he shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and
(b) if the offence relates to a pedal cycle, he shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.
(7) The following subsection is hereby substituted for subsection (2) of section 112 of the Principal Act:
“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;
(b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.”.
(8) Section 113 of the Principal Act is hereby amended—
(a) by the deletion in subsection (1) of “in a public place”, and
(b) by the substitution of the following subsection for subsection (2):
“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.
TABLE
|
Ref. No. |
Section |
Penalty |
|
(1) |
(2) |
(3) |
|
1. |
53 (2) (a) |
A fine not exceeding £3,000 |
|
2. |
38 (5) |
A fine not exceeding £1,000 |
|
3. |
39 (2) |
A fine not exceeding £1,000 |
|
4. |
53 (2) (b) |
A fine not exceeding £1,000 |
|
5. |
56 (3) |
A fine not exceeding £1,000 |
|
6. |
64 (2) |
A fine not exceeding £1,000 |
|
7. |
106 (3) (a) |
A fine not exceeding £1,000 |
|
8. |
49 (4) (a) (inserted by section 10 of the Act of 1978) |
A fine not exceeding £1,000 |
|
9. |
50 (4) (a) (ii) (inserted by section 11 of the Act of 1978) |
A fine not exceeding £1,000 |
|
10. |
18 (2) |
A fine not exceeding £350 |
|
11. |
20 (10) (a) |
A fine not exceeding £350 |
|
12. |
52 (2) (inserted by section 50 of the Act of 1968) |
A fine not exceeding £350 |
|
13. |
54 (4) |
A fine not exceeding £350 |
|
14. |
55 (2) (a) |
A fine not exceeding £350 |
|
15. |
69 A (5) (inserted by Regulation 6 of the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975)) |
A fine not exceeding £350 |
|
16. |
106 (3) (b) |
A fine not exceeding £350 |
|
17. |
107 (5) |
A fine not exceeding £350 |
|
18. |
115 (6) |
A fine not exceeding £350 |
|
19. |
50 (4) (a) (i) (inserted by section 11 of the Act of 1978) |
A fine not exceeding £350 |
|
20. |
55 (2) (b) |
A fine not exceeding £150 |
Section 4
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 £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
(2) The following subsection is hereby substituted for subsection (1) of section 13 of the Act of 1968:
“(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.”.
(3) The following subsection is hereby substituted for subsection (1) of section 15 of the Act of 1968:
“(1) Where—
(a) a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,
(b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and
(c) the excess weight during such use was not less than 1,000 kilograms,
the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.”.
(4) The following Table is hereby substituted for the Table to section 15 of the Act of 1968:
“TABLE
|
Where the excess weight is not less than 1,000 kilograms but is less than 2,000 kilograms |
£50 |
|
Where the excess weight is not less than 2,000 kilograms but is less than 3,000 kilograms |
£100 |
|
Where the excess weight is not less than 3,000 kilograms but is less than 4,000 kilograms |
£250 |
|
Where the excess weight is not less than 4,000 kilograms but is less than 5,000 kilograms |
£350 |
|
Where the excess weight is 5,000 kilograms or more |
£650” |
(5) The following subsection is hereby substituted for subsection (7) of section 18 of the Act of 1968:
“(7) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in the case of a contravention of a regulation prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”.
(6) The following subsection is hereby substituted for subsection (2) of section 23 of the Act of 1968:
“(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”.
Annotations
Modifications (not altering text):
C12
Increased penalty prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(c), S.I. No. 86 of 2007.
18.— (1) A person convicted of an offence for which a penalty is provided by— ...
(c) the provision of the Road Traffic (Amendment) Act 1984 mentioned in column (2) of Part 3 of the Table ...
is, in lieu of the monetary penalty so provided, liable to the monetary penalty, specified in column (3) of the Table at that reference number.
Part 3
Road Traffic (Amendment) Act 1984
|
Reference Number (1) |
Provision (2) |
Monetary Penalty (3) |
|
1 |
Section 4 |
A fine not exceeding €2,000 |
Editorial Notes:
E26
Previous affecting provision: increased penalty prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(c), S.I. No. 491 of 2002, superseded by C-note above.
Section 5
Increase of certain penalties under Act of 1978.
5.—A person convicted of an offence for which a penalty is provided in a section of the Act of 1978 specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly.
TABLE
|
Ref. No. |
Section |
Penalty |
|
(1) |
(2) |
(3) |
|
1. |
12 (2) |
A fine not exceeding £1,000 |
|
2. |
13 (2) |
A fine not exceeding £1,000 |
|
3. |
13 (3) |
A fine not exceeding £1,000 |
|
4. |
14 (2) |
A fine not exceeding £1,000 |
|
5. |
14 (3) |
A fine not exceeding £1,000 |
|
6. |
15 (2) (a) |
A fine not exceeding £1,000 |
|
7. |
16 (3) |
A fine not exceeding £350 |
|
8. |
16 (6) |
A fine not exceeding £1,000 |
|
9. |
17 (2) |
A fine not exceeding £1,000 |
|
10. |
17 (5) |
A fine not exceeding £1,000 |
|
11. |
18 (3) (b) |
A fine not exceeding £1,000 |
Section 6
Offences to which sections 2 to 5 apply.
6.—Sections 2 to 5 of this Act shall have effect in relation to offences committed after the commencement of this Act.
Section 7
Short title, construction and collective citation.
7.—(1) This Act may be cited as the Road Traffic (Amendment) Act, 1984.
(2) This Act and the Road Traffic Acts, 1961 to 1978, shall be construed as one and may be cited together as the Road Traffic Acts, 1961 to 1984.
Number 16 of 1984
ROAD TRAFFIC (AMENDMENT) ACT 1984
REVISED
Updated to 28 May 2019
About this Revised Act
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Road Traffic Acts 1961 to 2018: this Act is one of a group of Acts included in this collective citation, to be read together as one (Road Traffic (Amendment) Act 2018 (18/2016), s. 6(3)). The Acts in the group are:
• Road Traffic Act 1961 (24/1961)
• Road Traffic Act 1968 (25/1968)
• Road Traffic (Amendment) Act 1973 (15/1973) (repealed)
• Road Traffic (Amendment) Act 1978 (19/1978) (repealed)
• Road Traffic (Amendment) Act 1984 (16/1984)
• Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984
• Road Traffic Act 1994 (7/1994)
• Road Traffic Act 1995 (7/1995) (repealed)
• Road Traffic Act 2002 (12/2002)
• Road Traffic Act 2003 (37/2003) (repealed)
• Road Traffic Act 2004 (44/2004), other than Part 6
• Railway Safety Act 2005 (31/2005), Part 17
• Road Traffic Act 2006 (23/2006), other than s. 21
• Road Traffic and Transport Act 2006 (28/2006), s. 1 (repealed)
• Roads Act 2007 (34/2007), s. 12
• Road Traffic Act 2010 (25/2010)
• Road Traffic Act 2011 (7/2011)
• Road Traffic (No. 2) Act 2011 (28/2011)
• Taxi Regulation Act 2013 (37/2013), Part 11 (citation only)
• Road Traffic Act 2014 (3/2014)
• Road Traffic (No. 2) Act 2014 (39/2014)
• Vehicle Clamping Act 2015 (13/2015), Part 5 (citation only)
• Public Transport Act 2016 (3/2016), s. 8
• Road Traffic Act 2016 (21/2016) (citation only)
• Road Traffic (Amendment) Act 2018 (18/2018)
Local Authorities (Traffic Wardens) Act 1975 and 1987: This Act deals with similar subject matter to a group of Acts included in this collective citation (Dublin Transport Authority (Dissolution) Act 1987, s. 15(4)). The Acts in the group are:
• Local Authorities (Traffic Wardens) Act 1975 (14/1975)
• Dublin Transport Authority (Dissolution) Act 1987 (34/1987), in so far as it amends the Local Authorities (Traffic Wardens) Act 1975
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Road Traffic Act 2010 (25/2010)
• Road Traffic Act 2006 (23/2006)
• Road Traffic Act 2004 (44/2004)
• Road Traffic Act 2002 (12/2002)
• Air Navigation and Transport (Amendment) Act 1998 (24/1998)
• Freedom of Information Act 1995 (13/1997)
• Roads Act 1993 (14/1993)
All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011)
• Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011)
• Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002)
• National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002)
• European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989)
All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.