Road Traffic Act 1994

Number 7 of 1994

ROAD TRAFFIC ACT 1994

REVISED

Updated to 31 July 2023

This Revised Act is an administrative consolidation of the Road Traffic Act 1994. 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Road Traffic and Roads Act 2023 (Commencement) (No. 2) Order 2023 (S.I. No. 392 of 2023), made 28 July 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 7 of 1994

ROAD TRAFFIC ACT 1994

REVISED

Updated to 31 July 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title, commencement, construction and collective citation.
2.	Interpretation.
3.	Regulations.
4.	Repeals.

PART II

The Bureau

5.	Definitions for Part V of Act of 1968. (Repealed)
6.	Functions and duties of Bureau. (Repealed)
7.	Functions of Director. (Repealed)
8.	Protection of Director, etc., against legal proceedings. (Repealed)

PART III

Driving Offences

9.	Interpretation of Part III.
10.	Prohibition on driving vehicle while under influence of intoxicant. (Repealed)
11.	Prohibition on being in charge of vehicle while under influence of intoxicant. (Repealed)
12.	Obligation to provide preliminary breath specimen.
13.	Obligation to provide specimen following arrest.
14.	Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen. (Repealed)
15.	Obligation to provide blood or urine specimen while in hospital. (Repealed)
16.	Detention of intoxicated drivers where a danger to selves or others. (Repealed)
17.	Procedure following provision of breath specimen under section 13. (Repealed)
18.	Procedure regarding taking of specimens of blood and provision of specimens of urine.
19.	Procedure at Bureau regarding specimens.
20.	Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.
21.	Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.
22.	Costs of prosecutions under sections 49 and 50 of Principal Act and Part III.
23.	Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.
24.	Bar to certain defence to charges under sections 49 and 50 of Principal Act.

PART IV

Driving Licences

25.	Requirement to carry driving licence while driving vehicle. (Repealed)
26.	Consequential disqualification orders. (Repealed)
27.	Amendment of provisions relating to removal of consequential disqualification orders.
28.	Provision of particulars of disqualifications to certain persons.
29.	Application of provisions of Principal Act to provisional licences.

PART V

Speed Limits

30.	Amendment of section 44A of Principal Act.
31.	Motorway speed limit.
32.	Amendment of section 45 of Principal Act.
33.	Special speed limits.
34.	Amendment of section 47 of Principal Act.

PART VI

Regulation of Traffic

35.	Regulations for general control of traffic and pedestrians.
35A.	Regulations for control of certain vehicles.
36.	Parking of vehicles in parking places on public roads.
36A.	Bye-laws for restriction on parking—specified events.
36B.	Inspection of permits.
37.	Amendment of section 95 of Principal Act.
38.	Traffic calming measures.

PART VII

Miscellaneous

39.	Powers of entry.
40.	Amendment of Road Vehicles (Registration and Licensing) Order, 1958.
41.	Detention of vehicles.
42.	Power of road authority to provide and maintain certain equipment, etc. on public roads. (Repealed)
43.	Amendment of section 103 of Principal Act.
44.	Amendment of section 105 of Principal Act.
45.	Amendment of section 106 of Principal Act.
46.	Amendment of section 107 of Principal Act.
47.	Amendment of section 9 of Principal Act.
48.	Summary proceedings.
49.	Minor and consequential amendments.

Number 7 of 1994

ROAD TRAFFIC ACT 1994

REVISED

Updated to 31 July 2023

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 TO 1987. [20th April, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Medical Bureau of Road Safety is listed as a partly excluded agency in relation to certain records (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1, commenced as per s. 1(2).

Public bodies

6. ...

(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act.

...

SCHEDULE 1

Part 1

Partially Included Agencies

Section 6 does not include a reference to— ...

(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning, or arising from, the forensic criminal investigation functions performed by the Bureau under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and the approval, supply, testing and maintenance of apparatus and of equipment used for the purpose of those Acts;

...

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

...

Term “Commissioner” 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.

...

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.

Restriction of Act.

46.—(1) This Act does not apply to— ...

[(bb) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety),]

...

Application of collectively cited Road Traffic Acts 1961 to 2006 restricted (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.

Grant of specialised vehicle permits

6. (1) The Permits Officer may grant a specialised vehicle permit if— ...

(b) he or she is satisfied that— ...

(ii) the vehicle and that operation will not otherwise contravene the Road Traffic Acts 1961 to 2006, Regulations made under those Acts, or any other law.

...

Term “provisional licence” 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,

...]

C10

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.

Exemptions for emergency vehicles.

27.—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively, of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or 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.

C11

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.

Exemptions for emergency vehicles.

C12

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.

C13

Terms “road” and “public place” construed (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.

C14

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.

...

C15

Term “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (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.

PART I

Preliminary and General

Section 1

Short title, commencement, construction and collective citation.

1.—(1) This Act may be cited as the Road Traffic Act, 1994.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions, including the application of section 4 to different Acts specified therein and to different provisions of those Acts.

(3) The Principal Act, the Act of 1968, the Act of 1984 and the Act of 1987 (in so far as it amends those Acts), shall be construed as one with this Act and may be cited together therewith as the Road Traffic Acts, 1961 to 1994.

Annotations

Editorial Notes:

Power pursuant to section exercised (1.01.2003) by Road Traffic Act 1994 (Section 25) (Commencement) Order 2002 (S.I. No. 597 of 2002), art. 2.

2. The 1st day of January 2003 is fixed as the day on which section 25 of the Road Traffic Act, 1994 (No. 7 of 1994) comes into operation.

Power pursuant to section exercised (12.08.1998) by Road Traffic Act 1994 (Commencement) Order 1998 (S.I. No. 284 of 1998), art. 2.

2. Paragraph (j) of subsection (1) of section 49 of the Road Traffic Act, 1994 shall come into operation on the 12th day of August, 1998.

Power pursuant to section exercised (1.05.1997 and 1.10.1997) by Road Traffic Act 1994 (Commencement) Order 1997 (S.I. 180 of 1997), arts. 2 and 3.

2. The following provisions of the Road Traffic Act, 1994 shall come into operation on the 1st day of May, 1997:

(a) section 4 for the purpose of effecting the repeal of sections 89 and 90 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 60 of the Road Traffic Act, 1968 (No. 25 of 1968);

(b) section 35.

3. Section 36 of the Road Traffic Act, 1994 shall come into operation on the 1st day of October, 1997.

Power pursuant to section exercised (19.04.1995 and 1.06.1995) by Road Traffic Act 1994 (Commencement) Order 1995 (S.I. No. 86 of 1995), art. 2.

2. (1) Sections 40, 41 and 47 of the Road Traffic Act, 1994 shall come into operation on the 19th day of April, 1995.

(2) Section 43 of the Road Traffic Act 1994 shall come into operation on the 1st day of June, 1995.

Power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Commencement) (No. 2) Order 1994 (S.I. No. 350 of 1994) art. 2.

2. The following provisions of the Road Traffic Act, 1994 shall come into operation on the 2nd day of December, 1994:

(a) section 4 for the purpose of effecting the repeal of the Road Traffic (Amendment) Act, 1978 (No. 19 of 1978);

(b) sections 5 to 24, sections 26 to 29, section 39, section 45 and paragraphs (d) and (l) of subsection (1) of section 49.

Power pursuant to section exercised (22.07.1994) by Road Traffic Act 1994 (Commencement) Order 1994 (S.I. No. 222 of 1994), art. 2.

2. The following provisions of the Road Traffic Act. 1994 shall come into operation on the 22nd day of July, 1994:

(a) sections 1 to 3, sections 30 to 34, section 37, section 38, section 42, section 44, section 46, section 48 and section 49 other than paragraphs (d), (j) and (1) of subsection (1);

(b) section 4 for the purpose of effecting the repeal of section 101 (8), section 101A (inserted by the Act of 1987) and section 115 (7) of the Road Traffic Act, 1961 (No. 24 of 1961).

Section 2

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1968” means the Road Traffic Act, 1968;

“the Act of 1978” means the Road Traffic (Amendment) Act, 1978;

“the Act of 1984” means the Road Traffic (Amendment) Act, 1984;

“the Act of 1987” means the Dublin Transport Authority (Dissolution) Act, 1987;

“the Act of 1993” means the Roads Act, 1993;

“licensing authority” means the council of a county or the corporation of a county borough;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“the Principal Act” means the Road Traffic Act, 1961;

F1["reserved function" is to be read in accordance with section 131 of the Local Government Act 2001;]

(2) In this Act—

(a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Annotations

Amendments:

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(4)(a), commenced on enactment.

Section 3

Regulations.

3.—(1) The Minister may make regulations for the purpose of giving full effect to this Act and such regulations may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next subsequent 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

Power pursuant to section exercised (5.10.2022) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2022 (S.I. No. 517 of 2022).

Power pursuant to section exercised (31.08.2022) by Road Traffic (Parking in Disabled Person’s Parking Bay) Regulations 2022 (S.I. No. 427 of 2022).

E10

Power pursuant to section exercised (12.11.2019) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 (S.I. No. 495 of 2019), in effect as per reg. 2.

E11

Power pursuant to section exercised (9.08.2018) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 (S.I. No. 321 of 2018).

E12

Power pursuant to section exercised (30.08.2016) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2016 (S.I. No. 460 of 2016).

E13

Power pursuant to section exercised (1.04.2012) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012).

E14

Power pursuant to section exercised (1.06.2011) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (S.I. No. 239 of 2011).

E15

Power pursuant to section exercised (28.06.2004) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 (S.I. No. 404 of 2004).

E16

Power pursuant to section exercised (13.03.2003) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 (S.I. No. 98 of 2003).

E17

Power pursuant to section exercised (29.09.1998) by Road Traffic Act, 1994 (Section 41) (Amendment) Regulations 1998 (S.I. No. 357 of 1998).

E18

Power pursuant to section exercised (1.09.1998 and 1.11.1998) by Road Traffic (Traffic and Parking) Amendment Regulations 1998 (S.I. No. 274 of 1998).

E19

Power pursuant to section exercised (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997).

E20

Power pursuant to section exercised (19.04.1995) by Road Traffic Act 1994 (Section 41) Regulations 1995 (S.I. No. 89 of 1995).

E21

Previous affecting provision: power pursuant to section exercised (20.12.2011) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2011 (S.I. No. 673 of 2011); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(f).

E22

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E23

Previous affecting provision: power pursuant to section exercised (21.07.1999) by Road Traffic Act 1994 (Section 17) Regulations 1999 (S.I. No. 326 of 1999); revoked (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010), reg. 5.

E24

Previous affecting provision: power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(c).

E25

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

Section 4

Repeals.

4.—(1) Sections 89, 90, 101 (8), 101A (inserted by the Act of 1987) and 115 (7) of the Principal Act, section 60 of the Act of 1968 and the Act of 1978 are hereby repealed.

(2) Regulations, bye-laws and temporary rules made under a provision or enactment referred to in subsection (1) and in force immediately before the commencement of this section shall continue in force and be deemed to be regulations or, as the case may be, bye-laws made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under or in accordance with any regulations, bye-laws or temporary rules as aforesaid and in force immediately before such commencement shall continue in force for the purposes of this Act.

PART II

The Bureau

Section 5

Definitions for Part V of Act of 1968.

5.—F2[…]

Annotations

Amendments:

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 6

Functions and duties of Bureau.

6.—F3[…]

Annotations

Amendments:

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 7

Functions of Director.

7.—F4[…]

Annotations

Amendments:

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 8

Protection of Director, etc., against legal proceedings.

8.—F5[…]

Annotations

Amendments:

Part II (ss. 5 to 8) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

PART III

Driving Offences

Annotations

Modifications (not altering text):

C16

Presumption in relation to Part III provided (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(8), S.I. No. 384 of 2006.

Mandatory alcohol testing.

4.— ...

(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.

C17

Application of Part III extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(c), commenced on enactment.

Driving while unfit or under influence of intoxicant.

55.—The provisions of—

...

(c) Part III of the Act of 1994 (which relates to driving offences) shall apply to a person driving or in charge of a light rail vehicle or arrested under any of the provisions mentioned in that Part in respect of an offence connected with a light rail vehicle or in respect of an event mentioned in section 15 of that Act,

and, accordingly, any reference in those provisions to a mechanically propelled vehicle shall be construed as including a reference to a light rail vehicle.

Editorial Notes:

E26

Previous affecting provision: penalty for offences under Part III prescribed by Road Traffic Act 2006 (23/2006), s. 5, not commenced; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), S.I. No. 543 of 2011, subject to saver in subs. (3).

Section 9

Interpretation of Part III.

9.—(1) In this Part—

“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

“Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968;

“designated” means designated by a member of the Garda Síochána;

“doctor” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

F6["nurse" means a person registered in the register of nurses established under section 27 of the Nurses Act 1985.]

(2) A reference in this Part (other than sections 10 and 11) to section 49 or 50 of the Principal Act is to the section inserted by this Part.

Annotations

Amendments:

Inserted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(a), commenced on enactment.

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

9.—F7[…]

C19

Term “General Register of Medical Practitioners” construed (1.05.2010) by Medical Practitioners Act 2007 (25/2007), s. 108(2), S.I. No. 150 of 2010.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— ...

(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.

Section 10

Prohibition on driving vehicle while under influence of intoxicant.

10.—F8[…]

Annotations

Amendments:

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 11

Prohibition on being in charge of vehicle while under influence of intoxicant.

11.—F9[…]

Annotations

Amendments:

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 12

Obligation to provide preliminary breath specimen.

F10[12.—(1) F11[…]

(2) F11[…]

(3) F11[…]

(4) F11[…]

(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

(6) F11[…]

(7) F11[…]

(8) F11[…]

(9) F11[…]

(10) F11[…]]

Annotations

Amendments:

F10

Substituted (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 2, S.I. No. 253 of 2011.

F11

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 543 of 2011.

F12

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: subs. (5) repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

(5) F12[…]

Editorial Notes:

E27

Previous affecting provision: increased fine for offence under subs. (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 384 of 2006.

E28

Previous affecting provision: section substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 2, S.I. No. 647 of 2003.

E29

Previous affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E30

Previous affecting provision: section substituted by Road Traffic Act 2002 (12/2002), s. 10, not commenced; repealed (1.12.2003) by Road Traffic Act 2003 (37/2003), S.I. No. 647 of 2003.

Section 13

Obligation to provide specimen following arrest.

13.—(1) F13[…]

(2) F13[…]

(3) F13[…]

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath.

(5) F13[…]

Annotations

Amendments:

F13

Repealed (29.10.2011), excluding subs. (4)) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Modifications (not altering text):

Prospective affecting provision: subs. (4) repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

(4) F13[…]

Editorial Notes:

E31

Previous affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 24, S.I. No. 543 of 2011.

E32

Previous affecting provision: presumption in relation to proof of written statement under subs. (1) provided (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 30, S.I. No. 543 of 2011.

E33

Previous affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25/2010), s. 32(1), not commenced; repealed as per s. 32(2) (28.10.2011) by S.I. No. 543 of 2011.

E34

Previous affecting provision: increased fine for offence under subss. (2) and (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E35

Previous affecting provision: subs. (1) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(b), commenced on enactment.

E36

Previous affecting provision: words in subs. (1) substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(10), S.I. No. 384 of 2006.

E37

Previous affecting provision: words in subs. (1) substituted (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 3, S.I. No. 647 of 2003.

E38

Previous affecting provision: increased fine for offences under subss. (2) and (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E39

Previous affecting provision: transitional procedure prescribed for offences under section committed on or after the 2.12.1994, but before enactment (25.05.1995) of the Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment.

Section 14

Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.

14.—F14[…]

Annotations

Amendments:

F14

Repealed (28.10.2011) Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E40

E41

Previous affecting provision: increased fine for offence under subss. (2) and (5) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E42

Previous affecting provision: words in subs. (4) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(c), commenced on enactment.

E43

E44

Previous affecting provision: increased fine for offence under subss. (2) and (5) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

Section 15

Obligation to provide blood or urine specimen while in hospital.

15.— F15[…]

Annotations

Amendments:

F15

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E45

E46

Previous affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 24, S.I. No. 543 of 2011.

E47

Previous affecting provision: section substituted (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 3, S.I. No. 253 of 2011; repealed as per F-note above.

E48

Previous affecting provision: increased fine for offence under subs. (2) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E49

Previous affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

E50

Previous affecting provision: transitional procedure prescribed for offences under section committed on or after 2.12.1994, but before enactment (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment.

Section 16

Detention of intoxicated drivers where a danger to selves or others.

16.—F16[…]

Annotations

Amendments:

F16

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E51

Previous affecting provision: substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(d), commenced on enactment.

E52

Previous affecting provision: application of section extended (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 102, S.I. No. 215 of 2006.

Section 17

Procedure following provision of breath specimen under section 13.

17.—F17[…]

Annotations

Amendments:

F17

Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Editorial Notes:

E53

Previous affecting provision: power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010).

E54

E55

Previous affecting provision: increased fine for offence under subs. (4) prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007.

E56

Previous affecting provision: increased fine for offence under subs. (4) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002; superseded by E-note above.

Section 18

Procedure regarding taking of specimens of blood and provision of specimens of urine.

18.—F18[(1) Where under this Part a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section.]

(2) Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.

(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Annotations

Amendments:

F18

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(e), commenced on enactment.

F19

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

18.—F19[…]

Editorial Notes:

E57

Power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).

E58

E59

Section 19

Procedure at Bureau regarding specimens.

19.—(1) As soon as practicable after it has received a specimen forwarded to it under section 18, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.

Annotations

Amendments:

F20

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

19.—F20[…]

Editorial Notes:

E60

Power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).

E61

E62

Section 20

Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.

20.—(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15.

(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

(a) that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

(b) that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

(c) that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statement under section 17) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

(3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.

(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to F21[a fine not exceeding €5,000] or to imprisonment for a term not exceeding 6 months or to both.

(4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) was so taken with the intention of frustrating a prosecution under either of those sections, the court may find him guilty of an offence under subsection (3).

Annotations

Amendments:

F21

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(d), S.I. No. 86 of 2007. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F22

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

20.—F22[…]

Editorial Notes:

E63

Previous affecting provision: increased fine for offence under subs. (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(d), S.I. No. 491 of 2002.

Section 21

Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.

21.—(1) A duly completed statement purporting to have been supplied under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him by or under this Part prior to and in connection with the supply by him pursuant to section 17 (2) of such statement.

(2) A duly completed form under section 18 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the F23[designated doctor or designated nurse] concerned with the requirements imposed on him by or under this Part.

(3) A certificate expressed to have been issued under section 19 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under this Part or Part V of the Act of 1968.

(4) In a prosecution for an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 it shall be presumed until the contrary is shown that each of the following persons is a F23[designated doctor or designated nurse, as the case may be]—

(a) a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine,

(b) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to permit the taking by him of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his in relation to the taking of such a specimen,

(c) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to provide for him a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his in relation to the provision of such a specimen.

F23[(5) Where under section 13, 14 or 15 a designated doctor, or under section 13 or 14 a designated nurse, states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor or nurse, shall, in any proceedings under the Road Traffic Acts 1961 to 2006 be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.]

Annotations

Amendments:

F23

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(f), commenced on enactment.

F24

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

21.—F24[…]

Section 22

Costs of prosecutions under sections 49 and 50 of Principal Act and Part III.

22.—(1) Where a person is convicted of an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15, 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 a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.

(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.

Annotations

Amendments:

F25

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

22.—F25[…]

Editorial Notes:

E64

Power pursuant to section exercised (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010).

E65

E66

Section 23

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

23.—(1) In a prosecution of a person for an offence under section 13 for refusing or failing to comply with a requirement to provide 2 specimens of his breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.

(2) In a prosecution of a person for an offence under section 13, 14 or 15 for refusing or failing to comply with a requirement to permit a F26[designated doctor or designated nurse] to take a specimen of blood or for refusing or failing to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.

(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to comply with a requirement to provide 2 specimens of his breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his blood or to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, as the case may be.

Annotations

Amendments:

F26

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(g), commenced on enactment.

F27

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C26

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

23.—F27[…]

Section 24

Bar to certain defence to charges under sections 49 and 50 of Principal Act.

24.—It shall not be a defence for a person charged with an offence under section 49 (1) or 50 (1) of the Principal Act to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under the Road Traffic Acts, 1961 to 1994, has not been carried out or that he has not been requested under F28[section 12 of this Act or section 4 of the Road Traffic Act 2006] to provide a specimen of his breath.

Annotations

Amendments:

F28

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(h), commenced on enactment.

F29

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C27

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

24.—F29[…]

PART IV

Driving Licences

Section 25

Requirement to carry driving licence while driving vehicle.

25.—F30[…]

Annotations

Amendments:

F30

Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(a), S.I. No. 255 of 2011.

Section 26

Consequential disqualification orders.

26.—F31[…]

Annotations

Amendments:

F31

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(3)(a), S.I. No. 543 of 2011.

Section 27

Amendment of provisions relating to removal of consequential disqualification orders.

27.—Section 29 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1):

“(1A) Notwithstanding the provisions of subsection (1) (a)—

(a) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) or (5) of section 26 (as inserted by section 26 of the Road Traffic Act, 1994) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) or (5), as the case may be, to be not less than 2 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 9 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 1 year after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified;

(b) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) of section 26 (as so inserted) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) to be not less than 4 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 21 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 2 years after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified,

and the references in the other provisions of this section to subsection (1) of this section shall be construed as including references to this subsection.”.

Section 28

Provision of particulars of disqualifications to certain persons.

28.—The following is substituted for section 42 (4) (d) of the Principal Act:

“(d) the notification to licensing authorities and such other (if any) persons as may be prescribed of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.”.

Section 29

Application of provisions of Principal Act to provisional licences.

29.—(1) F32[…]

(2) Section 35 of the Principal Act is hereby amended by the substitution in paragraph (c) of subsection (3) for “defendant” of “person driving the vehicle”.

Annotations

Amendments:

F32

Repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

PART V

Speed Limits

Section 30

Amendment of section 44A of Principal Act.

30.—Section 44A (as inserted by the Act of 1968) of the Principal Act is hereby amended in subsection (1) by the insertion after “all public roads” of “(other than motorways)” in both places where those words occur.

Section 31

Motorway speed limit.

31.—Part IV of the Principal Act is hereby amended by the insertion after section 44A (inserted by the Act of 1968) of the following section:

“Motorway speed limit.

44B.—(1) Subject to sections 44, 44A (inserted by the Road Traffic Act, 1968) 45 and 46 (inserted by the Road Traffic Act, 1994) of this Act, there shall be a speed limit (which shall be known as ‘the motorway speed limit’) of 70 miles per hour in respect of all motorways for all mechanically propelled vehicles.

(2) The Minister may by regulations vary the speed limit standing specified in subsection (1) of this section and that subsection shall have effect in accordance with any such regulations for the time being in force.”.

Section 32

Amendment of section 45 of Principal Act.

32.—Section 45 of the Principal Act is hereby amended—

(a) in subsection (1) by the insertion in paragraph (a) after “public roads” of “(other than motorways)”, and

(b) in subsection (2) by the substitution for paragraphs (a) and (b) of the following:

“(a) a public road which is in a county or other borough, an urban district or a town, other than a road which is declared by the council of a county or the corporation of a county borough in bye-laws under section 46 of this Act not to be a public road in a built-up area for those purposes;

(b) a public road which is not in a county or other borough, an urban district or a town and which is declared by the council of a county in bye-laws under section 46 of this Act to be a public road in a built-up area for those purposes.”.

Section 33

Special speed limits.

33.—The Principal Act is hereby amended by the substitution for section 46 of the following section.

“Special speed limits.

46.—(1) (a) The council of a county or the corporation of a county borough may make bye-laws specifying in respect of any specified public road or of all public roads within its administrative county the speed (which shall be known as ‘a special speed limit’) which shall be the speed limit on such road or roads for mechanically propelled vehicles.

(b) The corporation of a county borough may, in bye-laws under this section, provide that the built-up area speed limit shall not apply to any specified public road in its administrative county by declaring the said public road not to be a public road in a built-up area for the purposes of section 45 of this Act.

(i) provide that the built-up area speed limit shall not apply to any specified public road which is in a borough, an urban district or a town within its administrative county by declaring the said public road not to be a public road in a built-up area for the purposes of section 45 of this Act, and

(ii) provide that the built-up area speed limit shall apply to any specified public road which is not in a borough, an urban district or a town within its administrative county by declaring the said public road to be a public road in a built-up area for the purposes of section 45 of this Act.

(d) The council of a county or the corporation of a county borough may, in bye-laws under this section, provide that the motorway speed limit shall not apply to any specified motorway or part thereof within its administrative county by declaring the said motorway or part not to be a motorway for the purposes of this Act.

(2) Before making bye-laws under this section—

(a) the council of a county shall give notice to the corporation of any borough, the council of any urban district and the commissioners of any town in the administrative county concerned of the provisions in the proposed bye-laws relating to public roads in their respective administrative areas and shall consider any representations made in writing to the council of the county by such corporation, council or commissioners within the period (not being less than one month after the date of service of the notice) specified in the notice, and

(b) the council of a county or the corporation of a county borough shall give notice to the Commissioner and shall consider any representations made in writing to the council or corporation by the Commissioner within the period (not being less than one month after the date of service of the notice) specified in the notice.

(3) The council of a county or the corporation of a county borough shall not make bye-laws under this section relating to national roads or motorways without the prior consent of the National Roads Authority.

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

(b) Regulations under this subsection may, in particular and without prejudice to the generality of paragraph (a) of this subsection, make provision in relation to all or any of the following matters:

(i) the speed limits which may be specified in bye-laws under this section;

(ii) the class or classes of mechanically propelled vehicle which may be exempted from speed limits specified in bye-laws under this section.

(5) The making of bye-laws under this section and the making of representations under subsection (2) (a) shall be reserved functions.

(6) Any regulation made under section 46 of this Act and in force immediately before the commencement of this section shall, after such commencement, continue in force and be deemed to be a bye-law under this section and shall as respects any public road be capable of being amended or revoked by the council of the county or corporation of the county borough in the administrative county of which the road is situated.

(7) In this section ‘administrative county’ has the meaning assigned to it by the Local Government (Ireland) Act, 1898.”.

Section 34

Amendment of section 47 of Principal Act.

34.—Section 47 of the Principal Act is hereby amended by the substitution for subsection (3) of the following:

“(3) In this section ‘speed limit’ means a limit which is—

(a) an ordinary speed limit,

(b) a general speed limit,

(d) a special speed limit, or

(e) the motorway speed limit.”.

PART VI

Regulation of Traffic

Section 35

Regulations for general control of traffic and pedestrians.

35.—(1) The Minister may make regulations for the general regulation and control of traffic (including the parking of vehicles) and pedestrians in public places.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) specifying rules for the use of roads by traffic and pedestrians;

(b) requiring traffic to proceed in a specified direction only or to proceed along a specified side of the roadway or, in the case of dual or multiple carriageways, along a specified carriageway;

(d) prohibiting or restricting traffic or specified traffic from using a specified road or specified parts of the road (including footways or parts of the road reserved for pedal cycles);

F33[(dd) prohibiting or restricting pedestrians from using a specified road or specified parts of a road upon which there is a light railway (within the meaning of the Transport (Railway Infrastructure) Act, 2001).]

(e) specifying rights of priority of passage for traffic;

(f) specifying the courses to be taken by traffic at road junctions;

(g) regulating and controlling the stopping, reversing, turning and overtaking of vehicles;

(h) prohibiting or regulating and controlling the driving of mechanically propelled vehicles and pedal cycles in relation to animals or animal-drawn traffic;

(i) prohibiting or regulating and controlling the driving or leading of animals;

(j) regulating and controlling the conduct of pedestrians on roads and specifying the respective rights of priority of traffic and pedestrians on roads;

(k) specifying rules for the parking of vehicles in public places;

(l) specifying, or authorising specified road authorities by resolution to specify, the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period;

(m) specifying the places in which the parking of vehicles may be prohibited or restricted;

(n) prohibiting or restricting the loading or unloading of goods on, through or across any part of a road;

(o) requiring specified signals to be given by persons in charge of traffic to indicate their intentions;

(p) the control of traffic and pedestrians by members of the Garda Síochána;

(q) the control and regulation of traffic and pedestrians 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 section 95 (2) of the Principal Act;

(r) specifying rules for the speed of traffic in specified circumstances;

F34[(rr) the control and regulation of the use of stopping places, and stands, specified in notices under section 85 of the Principal Act including the restriction and prohibition of the parking and stopping of vehicles at such stopping places and stands;]

(s) exempting specified classes of vehicles from specified provisions of regulations under this section and effecting identification of exempted vehicles.

F35[(t) the issue of a permit by a local authority, or any other person authorised by the Minister in the regulations, subject to any terms or conditions attached to the permit as prescribed in or permitted by the regulations, for the purposes of—

(i) exempting the permit holder from restrictions or prohibitions on parking applied under this section,

(ii) permitting the parking of a vehicle by the permit holder at specified locations, or

(iii) exempting the permit holder from the application of prohibitions and restrictions applied under this section to specified traffic from entering or using specified roads,

upon payment of a prescribed fee, if any, and the disposal of such fees and different fees may be prescribed in respect of different classes of permits.]

(3) Different regulations may be made under this section—

(a) in respect of different classes of traffic, and

(b) for different circumstances, different areas and different classes of roads.

(4) The making of a resolution pursuant to regulations under subsection (2) (l) shall be a reserved function.

(5) (a) A person who contravenes a regulation under this section shall be guilty of an offence.

(b) Where, in relation to the parking of a mechanically propelled vehicle, there is a contravention of a regulation under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(6) (a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (5) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

F36[(7) F37[…]]

F38[(7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t), the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue.]

F36[(8) F37[…]]

Annotations

Amendments:

F33

Inserted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 62, commenced on enactment.

F34

Inserted (9.01.2013) by Road Traffic Act 2002 (12/2002), s. 20, S.I. No. 12 of 2013.

F35

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(4)(b)(i), commenced on enactment.

F36

Inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(2), S.I. No. 26 of 2005.

F37

Repealed (11.07.2007) by Road Traffic Act 2007 (34/2007), s. 12(4)(b)(ii), commenced on enactment.

F38

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 89, S.I. No. 255 of 2011.

F39

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 30(a), (b), (d), not commenced as of date of revision.

F40

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 30(c), not commenced as of date of revision.

F41

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 11(a), not commenced as of date of revision. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C28

Prospective affecting provision: subs. (2)(c), (d), (h), (t) amended and (u) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 30(a)-(d), not commenced as of date of revision.

(c) assigning different parts of the road to different traffic (including pedal cycles F39[or powered personal transporters]) and pedestrians;

(d) prohibiting or restricting traffic or specified traffic from using a specified road or specified parts of the road (including footways or parts of the road reserved for pedal cycles F39[or powered personal transporters]);

...

(h) prohibiting or regulating and controlling the driving of mechanically propelled vehicles F39[, powered personal transporters,] and pedal cycles in relation to animals or animal-drawn traffic;

...

(i) exempting the permit holder from restrictions or prohibitions on parking applied under this section,

(ii) permitting the parking of a vehicle by the permit holder at specified locations, or

(iii) exempting the permit holder from the application of prohibitions and restrictions applied under this section to specified traffic from entering or using specified roads,

upon payment of a prescribed fee, if any, and the disposal of such fees and different fees may be prescribed in respect of different classes of F40[of permits;]]

F39[(u) prohibiting, or restricting the use of, powered personal transporters in traffic.]

C29

Prospective affecting provision: subss. (8)-(10) inserted Road Traffic and Roads Act 2023 (16/2023), s. 11(a), not commenced as of date of revision.

F41[(8) A person who, in purported compliance with regulations providing for the matters in paragraph (m), (s) or (t) of subsection (2), supplies information that is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading, commits an offence.

(9) A person who commits an offence under subsection (8) shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding six months, or both such fine and imprisonment.

(10) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under subsection (8) may be instituted within 2 years from the date on which the offence was committed.]

C30

Application of requirements in regulations made under section restricted (1.10.2017) by Vehicle Clamping Act 2015 (13/2015), s. 33(1), S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

33. (1) Requirements under regulations made under section 35 or bye-laws made under section 36 or 36A of the Road Traffic Act 1994 relating to the parking of a vehicle or the entry of a vehicle to a road do not apply to a vehicle being used by a clamping operator or under the direction of a clamping operator in the course of clamping activities in respect of unlawful parking in a public place, where such use does not endanger the safety of or impede road users.

...

C31

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A part 1 ref. no. 25, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

131A.—(1) Subject to subsection (4), in respect of the elected council of a local authority that is the council of a county (other than the council of a county to which section 22A(4) relates) or of a city and county, a reserved function with is specified in—

(a) paragraphs 1 and 3 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed in respect of each municipal district within the administrative area of the local authority by the municipal dsitrict members concerned, and

...

(4) Municipal district members may by resolution decide, subject to the approval by resolution of the local authority and the approval of the Minister, that a particular function to which subsection (1) relates should be performed only by the local authority.

...]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No. (1)	Description of reserved function (2)	Provision under which reserved function is conferred (3)
...	...	...
25	The making of a resolution (pursuant to regulations under section 35(2) (l) of the Road Traffic Act 1994) specifying the places in which vehicles may be parked either indefinitely or for any period not exceeding a specified period.	Section 35 of the Road Traffic Act 1994.
...	...	...]

C32

Application of section not subjected to rule on production of driving licence to court in certain circumstances by Road Traffic Act 2002 (12/2002), s. 22, as substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced.]

C33

Provision for evidence under section made (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81, S.I. No. 255 of 2011.

Evidence in relation to speeding and certain other offences.

81.—(1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by—

(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or

(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record. It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.

Editorial Notes:

E67

Certain offences under regulations made under subs. (5) designated fixed charge offences and penalties prescribed (1.01.2023) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2022 (S.I. No. 525 of 2022), regs. 3, 4(a)-(e) and schs. 1-3, sch. 5 parts 2, 3, in effect as per reg. 1(2).

E68

Certain offences under regulations made under subs. (5) designated fixed charge offences and penalties prescribed (1.01.2023) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(a), (e) and sch. 1 items 1, 2, sch. 5 item 6 ref. no. 16, in effect as per reg. 1(2).

E69

Certain offences under regulations made under subs. (5) designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(b)-(g) and sch. 2 item 3, sch. 3, sch. 4 item 1, sch. 5 item 6 (other than ref. no. 16), sch. 6 items 5-7, sch. 7 items 3-5, in effect as per reg. 1(2).

E70

Power pursuant to section exercised (5.10.2022) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2022 (S.I. No. 517 of 2022).

E71

Power pursuant to section exercised (31.08.2022) by Road Traffic (Parking in Disabled Person’s Parking Bay) Regulations 2022 (S.I. No. 427 of 2022).

E72

Power pursuant to section exercised (12.11.2019) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 (S.I. No. 495 of 2019), in effect as per reg. 2.

E73

Power pursuant to section exercised (9.08.2018) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 (S.I. No. 321 of 2018).

E74

Certain offences under subs. (5) declared to be fixed charge offences (31.07.2015) by Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015 (S.I. No. 331 of 2015), regs. 3, 4(d), in effect as per reg. 1(2).

E75

Certain offences under subs. (5) declared to be fixed charged offences (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), regs. 3, 4, in effect as per reg. 1(2).

E76

Power pursuant to section exercised (30.08.2016) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2016 (S.I. No. 460 of 2016).

E77

Power pursuant to section exercised (8.07.2014) by Road Traffic (Traffic and Parking) (Car Clubs and Electrically Powered Vehicles) Regulations 2014 (S.I. No. 325 of 2014).

E78

Power pursuant to section exercised (6.06.2013) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2013 (S.I. No. 188 of 2013).

E79

Power pursuant to section exercised (1.10.2012, 1.05.2013, 1.10.2013) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012).

E80

Power pursuant to section exercised (1.04.2012) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 (S.I. No. 74 of 2012).

E81

Power pursuant to section exercised (1.06.2011) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2011 (S.I. No. 239 of 2011).

E82

Power pursuant to subs. (1) and (2)(t)(iii) exercised (15.12.2006) by Road Traffic Act 1994 (Control of Traffic - Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006).

E83

Power pursuant to section exercised (15.12.2006) by Road Traffic (Control of Traffic) Regulations 2006 (S.I. No. 638 of 2006).

E84

Power pursuant to section exercised (28.06.2004) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 (S.I. No. 404 of 2004).

E85

Power pursuant to section exercised (13.03.2003) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 (S.I. No. 98 of 2003).

E86

Power pursuant to section exercised (1.09.1998 and 1.11.1998) by Road Traffic (Traffic and Parking) Amendment Regulations 1998 (S.I. No. 274 of 1998).

E87

Power pursuant to section exercised (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997).

E88

S. 4(2) of this Act provides that regulations, bye-laws and temporary rules made under s. 89 of the Road Traffic Act 1961 and in force immediately before the commencement (1.05.1997) of the repeal of that section by s. 4(1) of this Act shall continue in force and are deemed to be made under the corresponding provision of this Act which is s. 35.

The following are the statutory instruments made under s. 89 and in force immediately before the commencement of the repeal:

• (20.09.1995) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1995 (S.I. No. 268 of 1995).

• (8.02.1995) County of Louth Traffic and Parking Temporary Rules 1995 (S.I. No. 22 of 1995).

• (8.02.1995) Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 23 of 1995).

• (8.04.1994) County of Offaly Traffic and Parking Bye-Laws 1993 (S.I. No. 87 of 1994).

• (7.02.1994) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 27 of 1994).

• (21.10.1993) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 327 of 1993).

• (3.05.1993) Dublin Area Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 131 of 1993).

• (19.12.1990) County of Westmeath Traffic and Parking Bye-Laws 1990 (S.I. No. 322 of 1990).

• (20.11.1987) Dublin Area Traffic and Parking Bye-Laws 1987 (S.I. No. 292 of 1987).

• (8.07.1986) County of Carlow Traffic and Parking Bye-Laws 1986 (S.I. No. 177 of 1986).

• (8.07.1986) County of Cavan Traffic and Parking Bye-Laws 1986 (S.I. No. 178 of 1986).

• (8.07.1986) County of Clare Traffic and Parking Bye-Laws 1986 (S.I. No. 179 of 1986).

• (8.07.1986) Cork (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 180 of 1986).

• (8.07.1986) County of Donegal Traffic and Parking Bye-Laws 1986 (S.I. No. 181 of 1986).

• (8.07.1986) Dublin Area Traffic and Parking Bye-Laws 1986 (S.I. No. 182 of 1986).

• (8.07.1986) Galway (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 183 of 1986).

• (8.07.1986) County of Kerry Traffic and Parking Bye-Laws 1986 (S.I. No. 184 of 1986).

• (8.07.1986) County of Kildare Traffic and Parking Bye-Laws 1986 (S.I. No. 185 of 1986).

• (8.07.1986) County of Kilkenny Traffic and Parking Bye-Laws 1986 (S.I. No. 186 of 1986).

• (8.07.1986) County of Laois Traffic and Parking Bye-Laws 1986 (S.I. No. 187 of 1986).

• (8.07.1986) County of Leitrim Traffic and Parking Bye-Laws 1986 (S.I. No. 188 of 1986).

• (8.07.1986) Limerick (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 189 of 1986).

• (8.07.1986) County of Longford Traffic and Parking Bye-Laws 1986 (S.I. No. 190 of 1986).

• (8.07.1986) County of Louth Traffic and Parking Bye-Laws 1986 (S.I. No. 191 of 1986).

• (8.07.1986) County of Mayo Traffic and Parking Bye-Laws 1986 (S.I. No. 192 of 1986).

• (8.07.1986) County of Meath Traffic and Parking Bye-Laws 1986 (S.I. No. 193 of 1986).

• (8.07.1986) County of Monaghan Traffic and Parking Bye-Laws 1986 (S.I. No. 194 of 1986).

• (8.07.1986) County of Offaly Traffic and Parking Bye-Laws 1986 (S.I. No. 195 of 1986).

• (8.07.1986) County of Roscommon Traffic and Parking Bye-Laws 1986 (S.I. No. 196 of 1986).

• (8.07.1986) County of Sligo Traffic and Parking Bye-Laws 1986 (S.I. No. 197 of 1986).

• (8.07.1986) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Bye-Laws 1986 (S.I. No. 198 of 1986).

• (8.07.1986) Waterford (County Borough and County) Traffic and Parking Bye-Laws 1986 (S.I. No. 199 of 1986).

• (8.07.1986) County of Wexford Traffic and Parking Bye-Laws 1986 (S.I. No. 201 of 1986).

• (8.07.1986) County of Wicklow Traffic and Parking Bye-Laws 1986 (S.I. No. 202 of 1986).

• (24.07.1985) Limerick (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 240 of 1985).

• (24.07.1985) Waterford (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 241 of 1985).

• (8.07.1985) County of Carlow Traffic and Parking Temporary Rules 1985 (S.I. No. 193 of 1985).

• (8.07.1985) County of Cavan Traffic and Parking Temporary Rules 1985 (S.I. No. 194 of 1985).

• (8.07.1985) County of Clare Traffic and Parking Temporary Rules 1985 (S.I. No. 195 of 1985).

• (8.07.1985) Cork (County Borough and County) Traffic and Parking (No. 2) Temporary Rules 1985 (S.I. No. 196 of 1985).

• (8.07.1985) County of Donegal Traffic and Parking Temporary Rules 1985 (S.I. No. 197 of 1985).

• (8.07.1985) Dublin Area Traffic and Parking Temporary Rules 1985 (S.I. No. 198 of 1985).

• (8.07.1985) County of Galway Traffic and Parking Temporary Rules 1985 (S.I. No. 199 of 1985).

• (8.07.1985) County of Kerry Traffic and Parking Temporary Rules 1985 (S.I. No. 200 of 1985).

• (8.07.1985) County of Kildare Traffic and Parking Temporary Rules 1985 (S.I. No. 201 of 1985).

• (8.07.1985) County of Kilkenny Traffic and Parking Temporary Rules 1985 (S.I. No. 202 of 1985).

• (8.07.1985) County of Laois Traffic and Parking Temporary Rules 1985 (S.I. No. 203 of 1985).

• (8.07.1985) County of Leitrim Traffic and Parking Temporary Rules 1985 (S.I. No. 204 of 1985).

• (8.07.1985) County of Longford Traffic and Parking Temporary Rules 1985 (S.I. No. 206 of 1985).

• (8.07.1985) County of Louth Traffic and Parking Temporary Rules 1985 (S.I. No. 207 of 1985).

• (8.07.1985) County of Mayo Traffic and Parking Temporary Rules 1985 (S.I. No. 208 of 1985).

• (8.07.1985) County of Meath Traffic and Parking Temporary Rules 1985 (S.I. No. 209 of 1985).

• (8.07.1985) County of Monaghan Traffic and Parking Temporary Rules 1985 (S.I. No. 210 of 1985).

• (8.07.1985) County of Offaly Traffic and Parking Temporary Rules 1985 (S.I. No. 211 of 1985).

• (8.07.1985) County of Roscommon Traffic and Parking Temporary Rules 1985 (S.I. No. 212 of 1985).

• (8.07.1985) County of Sligo Traffic and Parking Temporary Rules 1985 (S.I. No. 213 of 1985).

• (8.07.1985) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1985 (S.I. No. 214 of 1985).

• (8.07.1985) County of Westmeath Traffic and Parking Temporary Rules 1985 (S.I. No. 216 of 1985).

• (8.07.1985) County of Wexford Traffic and Parking Temporary Rules 1985 (S.I. No. 217 of 1985).

• (8.07.1985) County of Wicklow Traffic and Parking Temporary Rules 1985 (S.I. No. 218 of 1985).

• (25.06.1984) County of Carlow Traffic and Parking Temporary Rules 1984 (S.I. No. 148 of 1984).

• (25.06.1984) County of Clare Traffic and Parking Temporary Rules 1984 (S.I. No. 149 of 1984).

• (25.06.1984) County of Galway Traffic and Parking Temporary Rules 1984 (S.I. No. 150 of 1984).

• (25.06.1984) County of Laois Traffic and Parking Temporary Rules 1984 (S.I. No. 151 of 1984).

• (25.06.1984) Limerick (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 152 of 1984).

• (25.06.1984) County of Louth Traffic and Parking Temporary Rules 1984 (S.I. No. 153 of 1984).

• (25.06.1984) County of Tipperary North Riding and County of Tipperary South Riding Traffic and Parking Temporary Rules 1984 (S.I. No. 154 of 1984).

• (17.02.1984) Dublin Traffic and Parking Temporary Rules 1984 (S.I. No. 38 of 1984).

• (16.01.1984) Cork (County Borough and County) Traffic and Parking Temporary Rules 1984 (S.I. No. 3 of 1984).

• (24.04.1983) Dublin Traffic and Parking Temporary Rules 1983 (S.I. No. 105 of 1983).

• (1.10.1982) Dublin Traffic and Parking (No. 2) Temporary Rules 1982 (S.I. No. 287 of 1982).

• (24.04.1982) Dublin Traffic and Parking Temporary Rules 1982 (S.I. No. 109 of 1982).

• (24.04.1981) Dublin Traffic and Parking Temporary Rules 1981 (S.I. No. 148 of 1981).

• (1.10.1976) Cork Traffic and Parking (Pedestrianisation) Temporary Rules 1976 (S.I. No. 194 of 1976).

• (23.01.1975) Dublin Traffic and Parking (Pedestrianisation) Temporary Rules 1975 (S.I. No. 16 of 1975).

• (1.11.1974) Cavan Traffic and Parking Bye-Laws 1973 (S.I. No. 326 of 1974).

• (21.09.1974) Waterford Suburbs Traffic Temporary Rules 1974 (S.I. No. 268 of 1974).

• (2.06.1974) Killarney Traffic and Parking Temporary Rules 1974 (S.I. No. 143 of 1974).

• (28.02.1974) Dublin Parking Temporary Rules 1974 (S.I. No. 35 of 1974).

• (10.01.1974) Dublin Traffic and Parking (Pedestrianisation) (No. 2) Temporary Rules 1973 (S.I. No. 1 of 1974).

• (21.09.1973) Waterford Suburbs Traffic Temporary Rules (S.I. No. 266 of 1973).

• (2.06.1973) Killarney Traffic and Parking Temporary Rules 1973 (S.I. No. 137 of 1973).

• (24.05.1973) Kilkenny Traffic and Parking Temporary Rules 1973 (S.I. No. 118 of 1973).

• (29.04.1973) Galway Traffic and Parking Temporary Rules 1973 (S.I. No. 101 of 1973).

• (20.03.1973) Dublin Traffic Temporary Rules 1973 (S.I. No. 62 of 1973).

• (2.06.1972) Killarney Traffic and Parking Temporary Rules 1972 (S.I. No. 140 of 1972).

• (24.05.1972) Kilkenny Traffic and Parking Temporary Rules 1972 (S.I. No. 127 of 1972).

• (29.04.1972) Galway Traffic and Parking Temporary Rules 1972 (S.I. No. 110 of 1972).

• (20.03.1972) Dublin Traffic Temporary Rules 1972 (S.I. No. 73 of 1972).

• (27.06.1971) Sligo Traffic and Parking Temporary Rules 1971 (S.I. No. 189 of 1971).

• (24.05.1971) Kilkenny Traffic and Parking Temporary Rules 1971 (S.I. No. 168 of 1971).

• (3.05.1971) Killarney Traffic and Parking Temporary Rules 1971 (S.I. No. 153 of 1971).

• (15.04.1971) Galway Traffic and Parking Temporary Rules 1971 (S.I. No. 141 of 1971).

• (25.03.1971) Dublin Traffic and Parking Temporary Rules 1970 (Revocation) Rules 1971 (S.I. No. 91 of 1971).

• (19.03.1971) Cork Traffic and Parking Temporary Rules 1971 (S.I. No. 94 of 1971).

• (18.03.1971) Dublin and Dun Laoghaire Traffic Temporary Rules 1971 (S.I. No. 95 of 1971).

• (15.02.1971) Limerick Traffic Temporary Rules 1971 (S.I. No. 42 of 1971).

• (9.02.1971) Cork Traffic Temporary Rules 1971 (S.I. No. 25 of 1971).

• (22.12.1970) Dundalk Traffic Temporary Rules 1970 (S.I. No. 304 of 1970).

• (10.08.1970) Salterstown County Louth Traffic Temporary Rules 1970 (S.I. No. 183 of 1970).

• (29.07.1970) Waterford Suburbs Traffic Temporary Rules 1970 (S.I. No. 172 of 1970).

• (6.07.1970) Youghal Traffic and Parking Temporary Rules 1970 (S.I. No. 158 of 1970).

• (27.06.1970) Sligo Traffic and Parking Temporary Rules 1970 (S.I. No. 146 of 1970).

• (20.05.1970) Cork Traffic (No. 2) Temporary Rules 1970 (S.I. No. 104 of 1970).

• (18.03.1970) Limerick Traffic and Parking Temporary Rules 1970 (S.I. No. 51 of 1970).

• (18.03.1970) Dublin and Dún Laoghaire Traffic and Parking Temporary Rules 1970 (S.I. No. 52 of 1970).

• (16.03.1970) Cork Traffic and Parking Temporary Rules 1970 (S.I. No. 46 of 1970).

• (2.02.1970) Cork Traffic Temporary Rules 1970 (S.I. No. 11 of 1970).

• (20.01.1970) Limerick Traffic (No. 2) Temporary Rules 1969 (S.I. No. 7 of 1970).

• (22.12.1969) Dundalk Traffic Temporary Rules 1969 (S.I. No. 253 of 1969).

• (5.12.1969) Dublin Traffic and Parking Temporary Rules 1969 (S.I. No. 239 of 1969).

• (17.11.1969) New Ross Traffic and Parking (No. 2) Temporary Rules 1969 (S.I. No. 218 of 1969).

• (24.10.1969) Thurles Traffic and Parking Bye-Laws 1969 (S.I. No. 206 of 1969).

• (20.10.1969) Drogheda Traffic Temporary Rules 1969 (S.I. No. 193 of 1969).

• (5.09.1969) Tuam Traffic and Parking Bye-Laws 1969 (S.I. No. 175 of 1969).

• (12.08.1969) Greystones Traffic and Parking Temporary Rules 1969 (S.I. No. 158 of 1969).

• (11.08.1969) Newcastle West Traffic and Parking Temporary Rules 1969 (S.I. No. 157 of 1969).

• (30.06.1969) Castlebar Traffic and Parking Temporary Rules 1969 (S.I. No. 114 of 1969).

• (26.06.1969) Kilkee Traffic and Parking Temporary Rules 1969 (S.I. No. 116 of 1969).

• (20.06.1969) Sligo Traffic and Parking Temporary Rules 1969 (S.I. No. 107 of 1969).

• (18.03.1969) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 38 of 1969).

• (1.03.1969) Limerick Traffic and Parking Temporary Rules 1969 (S.I. No. 30 of 1969).

• (2.02.1969) Cork Traffic (One-Way Streets) Temporary Rules 1969 (S.I. No. 6 of 1969).

• (28.01.1969) Ceanannus Mor Parking Temporary Rules 1969 (S.I. No. 4 of 1969).

• (5.12.1968) Dublin Traffic and Parking Temporary Rules 1968 (S.I. No. 242 of 1968).

• (9.10.1968) Carlow Traffic and Parking Temporary Rules 1968 (S.I. No. 211 of 1968).

• (10.04.1968) Limerick Traffic Temporary Rules 1968 (S.I. No. 77 of 1968).

• (18.03.1968) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 58 of 1968).

• (1.03.1968) Limerick Traffic and Parking Temporary Rules 1968 (S.I. No. 38 of 1968).

• (2.02.1968) Cork Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 21 of 1968).

• (22.12.1968) Dundalk Traffic (One-Way Streets) Temporary Rules 1968 (S.I. No. 269 of 1968).

• (22.12.1967) Dundalk Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 289 of 1967).

• (5.12.1967) Dublin Traffic and Parking Temporary Rules 1967 (S.I. No. 259 of 1967).

• (9.10.1967) Carlow Traffic and Parking Temporary Rules 1967 (S.I. No. 214 of 1967).

• (18.03.1967) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 53 of 1967).

• (2.02.1967) Cork Traffic (One-Way Streets) Temporary Rules 1967 (S.I. No. 15 of 1967).

• (5.12.1966) Dublin Traffic and Parking Temporary Rules 1966 (S.I. No. 257 of 1966).

• (18.03.1966) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 51 of 1966).

• (2.02.1966) Cork Traffic (One-Way Streets) Temporary Rules 1966 (S.I. No. 15 of 1966).

• (12.01.1966) Cavan Traffic and Parking Bye-Laws 1965 (S.I. No. 8 of 1966).

• (30.03.1965) Bray Traffic and Parking Bye-Laws 1965 (S.I. No. 59 of 1965).

• (18.03.1965) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1965 (S.I. No. 44 of 1965).

• (18.03.1964) Dublin and Dún Laoghaire Traffic (One-Way Streets) Temporary Rules 1964 (S.I. No. 55 of 1964).

• (28.09.1961) Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961).

E89

Previous affecting provision: certain offences under subs. (5) 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)-(d), sch. 2 part 1, sch. 3 part 2 and sch. 4 part 2, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E90

E91

Power pursuant to section exercised (15.09.2011) by Road Traffic (Bus Lanes) (Exemption) Regulations 2011 (S.I. No. 527 of 2011); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(e).

E92

Power pursuant to section exercised (20.01.2005) by Road Traffic (Traffic and Parking) (Amendment) Regulations 2005 (S.I. No. 11 of 2005); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(d).

E93

Previous affecting provision: subs. (2)(t) inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(1), S.I. No. 26 of 2005; substituted as per F-note above.

E94

Previous affecting provision: subss. (7) and (8) inserted (24.01.2004) by Road Traffic Act 2004 (44/2004), s. 26(2), S.I. No. 26 of 2005; repealed as per F-notes above.

E95

Previous affecting provision: provision for evidence under section made (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21(1), S.I. No. 491 of 2002; repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.

E96

Power pursuant to section exercised (19.11.1998) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 (S.I. No. 441 of 1998); revoked (1.10.2012) by Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012), regs. 2(1) and 4(c).

Section 35A

F42[Regulations for control of certain vehicles

35A

35A.—(1) The Minister may make regulations prohibiting or restricting the use of specified vehicles or classes of vehicles.

(2) Different regulations may be made under this section—

(a) in respect of different classes of vehicles, and

(b) for different circumstances and different places.

(3) A person who contravenes a regulation under this section shall be guilty of an offence.

(4) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.]

Annotations

Amendments:

F42

Inserted (31.07.2023) by Road Traffic and Roads Act 2023 16/2023), s. 11(b), S.I. No. 392 of 2023, art. 2(c).

Section 36

Parking of vehicles in parking places on public roads.

36.—(1) A road authority may make bye-laws for the control and regulation of the parking of vehicles in places specified in the bye-laws (in this section referred to as parking places) on public roads within their functional area and shall in the bye-laws provide for the payment of fees in respect of such parking.

(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) the specification of parking places;

(b) the payment of fees, including the manner and proof of payment (whether by means of a parking meter, the purchase and exhibition of a document, or otherwise) in respect of the parking of vehicles;

(d) the specification of the maximum periods for which vehicles may be parked in specified parking places;

(e) the prohibition of the parking of vehicles in a parking place for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified;

(f) the prohibition of the parking of vehicles in a parking place for a longer period than that in respect of which a fee was paid;

(g) the specification of the classes of vehicles which may use a parking place in respect of which a fee is payable;

(h) the exemption of specified classes of vehicles from the payment of fees in respect of parking, the conditions under which specified classes of vehicles may be so exempted and the identification of exempted vehicles;

(i) that indications given by parking meters shall be treated as evidence until the contrary is shown of such facts and for such purposes as may be specified in the bye-laws.

(3) Before making bye-laws under this section (other than bye-laws relating to the fees to be paid in respect of the parking of vehicles), a road authority shall—

(a) consult with the Commissioner;

(b) publish a notice in one or more newspapers circulating in the area to which the bye-laws relate—

(i) indicating that it is proposed to make bye-laws under this section,

(ii) indicating the times at which, the period (being not less than one month) during which and the place (being a place within their functional area) where a copy of the draft bye-laws may be inspected,

(iii) stating that representations may be made in writing to the road authority in relation to the draft bye-laws before a specified date (which shall be not less than 2 weeks after the end of the period for inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on payment of a fee not exceeding the reasonable cost of making such copies; and

(c) before deciding whether to make the bye-laws and determining their content, consider any observations made to them by the Commissioner or any representations made to them pursuant to paragraph (b)(iii).

(4) Different bye-laws may be made under this section—

(a) in respect of different areas within the functional area of a road authority,

(b) in respect of different classes of vehicles,

(d) in respect of different periods of time.

(5) The making of bye-laws under this section and the consideration of observations or representations under subsection (3)(c) shall be reserved functions.

(6) As soon as may be after the making of bye-laws under this section notice of their making and of the place where copies thereof may be purchased or inspected shall be published in Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-laws relate.

(7) The Minister may issue general guidelines to road authorities relating to the content of bye-laws under this section and may amend or cancel any guidelines under this subsection and, where any such guidelines are in force for the time being, bye-laws under this section shall be made by road authorities in accordance with the guidelines.

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

(b) Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under this section, each of the following persons shall be guilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(iii) if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(9) (a) Where a person charged with an offence under subsection (8) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (8) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(10) In this section “parking meter” means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.

(11) (a) Subject to paragraph (b), any fees under this section shall be disposed of in such manner as the road authority concerned may by resolution determine.

(b) The Minister may issue general guidelines to road authorities relating to the disposal of fees under this section and may amend or cancel any such guidelines and, where any such guidelines are in force for the time being, fees under this section shall be disposed of by road authorities in accordance with the guidelines.

(12) In any prosecution for an offence under this section, a parking meter at a parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.

(13) The performance by a road authority of their functions under this section or under any bye-law thereunder shall not render the authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.

Annotations

Modifications (not altering text):

C34

Prospective affecting provision:

C35

Prospective affecting provision: application of requirements in bye-laws made under section restricted by Vehicle Clamping Act 2015 (13/2015), s. 33(1), to be commenced (1.10.2017) by S.I. No. 211 of 2017.

Exemptions from certain provisions of Road Traffic Acts 1961 to 2014 for clamping operations

...

C36

Function to be performed by municipal district members prescribed by Local Government Act 2001 (37/2001), s. 131A(1)(a), (4) and sch. 14A pt. 1 ref. no. 26 & 27, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(3), (4) and sch. 3, S.I. No. 214 of 2014.

[Performance of reserved functions in respect of municipal district members

...

...]

[SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No. (1)	Description of reserved function (2)	Provision under which reserved function is conferred (3)
...	...	...
26	Making of bye-laws for the control and regulation of the parking of vehicles in specified places on public roads (including provision for the payment of fees for parking) and the consideration of observations or representations in relation to draft bye-laws.	Section 36 of the Road Traffic Act 1994.
27	Making of a resolution to determine the manner in which fees in respect of parking shall be disposed of.	Section 36 of the Road Traffic Act 1994.
...	...	...]

C37

Production of driving licence to court.

[22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

...

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced.]

Editorial Notes:

E97

Offence under regulations made under section designated fixed charge offence and penalty prescribed (1.01.2023) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2022 (S.I. No. 525 of 2022), regs. 3, 4(e) and sch. 5 part 3, in effect as per reg. 1(2).

E98

S. 4(2) of this Act provides that regulations, bye-laws and temporary rules made under s. 90 of the Road Traffic Act 1961 and in force immediately before the commencement (1.05.1997) of the repeal of that section by s. 4(1) of this Act shall continue in force and are deemed to be made under the corresponding provision of this Act which is s. 36.

The following are the statutory instruments made under s. 90 and in force immediately before the commencement of the repeal:

• (20.09.1995) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1995 (S.I. No. 268 of 1995).

• (12.07.1995) Road Traffic (Parking Fees) (Amendment) Regulations 1995 (S.I. No. 186 of 1995) (also made pursuant to s. 5).

• (8.02.1995) County of Louth Traffic and Parking Temporary Rules 1995 (S.I. No. 22 of 1995).

• (8.02.1995) Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 23 of 1995).

• (4.01.1995) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1994 (S.I. No. 11 of 1995).

• (31.01.1995) Dublin Area Traffic and Parking (Temporary) Rules 1994 (S.I. No. 12 of 1995).

• (8.04.1994) County of Offaly Traffic and Parking Bye-Laws 1993 (S.I. No. 87 of 1994).

• (7.02.1994) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 27 of 1994).

• (19.11.1993) Dublin Area Traffic and Parking Temporary Rules 1993 (S.I. No. 334 of 1993).

• (21.10.1993) County of Kerry Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 327 of 1993).

• (21.10.1993) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1993 (S.I. No. 329 of 1993).

• (3.05.1993) Dublin Area Traffic and Parking (Amendment) Bye-Laws 1993 (S.I. No. 131 of 1993).

• (18.09.1992) Dublin (Parking of Buses) Traffic and Parking Temporary Rules 1992 (S.I. No. 279 of 1992).

• (1.09.1992) Dublin Meter Parking Places Rules 1992 (S.I. No. 235 of 1992).

• (23.06.1992) County of Wexford Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 200 of 1992).

• (29.05.1992) Limerick (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 147 of 1992).

• (14.02.1992) Cork (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1992 (S.I. No. 44 of 1992).

• (17.12.1990) Limerick (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1990 (S.I. No. 317 of 1990).

• (8.12.1989) Town of Mullingar Pay and Display Disc Parking Temporary Rules 1989 (S.I. No. 317 of 1989).

• (1.07.1989) Dublin Meter Parking Places Rules 1989 (S.I. No. 198 of 1989).

• (29.11.1988) Town of Mullingar Pay and Display Disc Parking Temporary Rules 1988 (S.I. No. 307 of 1988).

• (6.09.1988) Cork (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1988 (S.I. No. 225 of 1988).

• (29.01.1988) Waterford (County Borough and County) Traffic and Parking (Amendment) Bye-Laws 1987 (S.I. No. 16 of 1988).

• (20.11.1987) Dublin Area Traffic and Parking Bye-Laws 1987 (S.I. No. 292 of 1987).

• (1.10.1987) Dublin Meter Parking Places Rules 1987 (S.I. No. 232 of 1987).