Road Traffic Act 2004
Number 44 of 2004
ROAD TRAFFIC ACT 2004
REVISED
Updated to 24 May 2022
This Revised Act is an administrative consolidation of Road Traffic Act 2004. It is prepared by the Law Reform Commission in accordance with its function under 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 Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 22, and all statutory instruments up to and including Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, etc) (Amendment) Regulations 2022 (S.I. No. 255 of 2022), made 24 May 2022, 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 44 of 2004
ROAD TRAFFIC ACT 2004
REVISED
Updated to 24 May 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Road Traffic Acts 1961 to 2018: this Act is one of a group of Acts included in this collective citation, to be read together as one (Road Traffic (Amendment) Act 2018, s. 6(3)) The Acts in the group are:
• Road Traffic Act 1961 (24/1961)
• Road Traffic Act 1968 (25/1968)
• Road Traffic (Amendment) Act 1973 (15/1973) (repealed)
• Road Traffic (Amendment) Act 1978 (16/1978) (repealed)
• Road Traffic (Amendment) Act 1984 (16/1984)
• Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984
• Road Traffic Act 1994 (7/1994)
• Road Traffic Act 1995 (7/1995) (repealed)
• Road Traffic Act 2002 (12/2002)
• Road Traffic Act 2003 (37/2003) (repealed)
• Road Traffic Act 2004 (44/2004), other than Part 6
• Railway Safety Act 2005 (31/2005), Part 17
• Road Traffic Act 2006 (23/2006), other than s. 21
• Road Traffic and Transport Act 2006 (28/2006), s. 1
• Roads Act 2007 (34/2007), s. 12
• Road Traffic Act 2010 (25/2010)
• Road Traffic Act 2011 (7/2011)
• Road Traffic (No. 2) Act 2011 (28/2011)
• Taxi Regulation Act 2013 (37/2013), Part 11
• Road Traffic Act 2014 (3/2014)
• Vehicle Clamping Act 2015 (13/2015), Part 5
• Road Traffic Act 2016 (21/2016)
• Road Traffic (Amendment) Act 2018 (18/2018)
Local Authorities (Traffic Wardens) Act 1975 and 1987: this Act deals with similar subject matter to a group of Acts included in this collective citation (Dublin Transport Authority (Dissolution) Act 1987, s. 15(4)). The Acts in the group are:
• Local Authorities (Traffic Wardens) Act 1975 (14/1975)
• Dublin Transport Authority (Dissolution) Act 1987 (34/1987), in so far as it amends the Local Authorities (Traffic Wardens) Act 1975
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Road Traffic Act 2016 (21/2016)
• Road Traffic Act 2014 (3/2014)
• Local Government Reform Act 2014 (1/2014)
• Taxi Regulation Act 2013 (37/2013)
• Road Traffic (No. 2) Act 2011 (28/2011)
• Road Traffic Act 2011 (7/2011)
• Road Traffic Act 2010 (25/2010)
• Road Traffic Act 2006 (23/2006)
• Air Navigation and Transport (Amendment) Act 1998 (24/1998)
• Freedom of Information Act 1997 (13/1997)
• Local Authorities (Traffic Wardens) Act 1975 (14/1975)
All Acts up to and including Merchant Shipping (Investigation of Marine Casualties) (Amendment) Act 2022 (8/2022), enacted 16 May 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, etc) (Amendment) Regulations 2022 (S.I. No. 255 of 2022)
• Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, Etc.) (Amendment) Regulations 2012 (S.I. No. 75 of 2012)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• Road Traffic (Ordinary Speed Limits Buses, Heavy Goods Vehicles, Etc) Regulations 2008 (S.I. No. 546 of 2008)
• Road Traffic Act 2004 (Commencement) (Parts 3 and 4) Order 2005 (S.I. No. 26 of 2005)
• Road Traffic (Ordinary Speed Limits - Certain Vehicles) Regulations 2005 (S.I. No. 9 of 2005)
• Road Traffic Act 2004 (Commencement) (Parts 1 and 2 and Sections 27 and 32) Order 2005 (S.I. No. 8 of 2005)
• European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989)
All statutory instruments up to and including Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, etc) (Amendment) Regulations 2022 (S.I. No. 255 of 2022), made 24 May 2022, were considered in the preparation of this revision.
Number 44 of 2004
ROAD TRAFFIC ACT 2004
REVISED
Updated to 24 May 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
Short title, commencement, collective citation and construction. |
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2. |
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3. |
Speed Limits.
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4. |
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5. |
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6. |
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7. |
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8. |
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9. |
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10. |
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11. |
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12. |
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13. |
Amendment of section 53 of Principal Act (dangerous driving). (Repealed) |
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14. |
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15. |
Evidence in relation to certain offences under Act of 2002. (Repealed) |
Fixed Charges, Penalty Points and Outsourcing.
Miscellaneous.
Insurance.
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34. |
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35. |
Amendment of Taxi Regulation Act 2003
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36. |
Amendment of section 36 of Taxi Regulation Act 2003 (mandatory disqualification). (Repealed) |
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Acts Referred to |
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Finance Act l976 |
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Finance Act l992 |
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Finance (No. 2) Act l992 |
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Finance Act l993 |
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Finance Act 1994 |
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Local Authorities (Traffic Wardens) Act l975 |
1975, No. l4 |
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Local Government Act 2001 |
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Road Traffic Act 1961 |
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Road Traffic Act 1968 |
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Road Traffic Act 1994 |
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Road Traffic Act 2002 |
2002, No. l2 |
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Road Traffic Acts l961 to 2003 |
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Roads Act l993 |
1993, No. l4 |
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Taxi Regulation Act 2003 |
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Number 44 of 2004
ROAD TRAFFIC ACT 2004
REVISED
Updated to 24 May 2022
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2003, THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003. [22nd December, 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: application of collectively cited Road Traffic Acts extended by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.
Cost of prosecutions — road traffic offences.
82.—(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.
...
C2
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (20.03.2014) by Road Traffic Act 2010 (25/2010), s. 87(1), as substituted by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.
Amendment of section 87 of Act of 2010 — exemptions for emergency vehicles
23. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:
“(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.”
C3
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.
42.— ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
|
Number |
Year |
Short Title/Citation |
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... ... |
... ... |
... Road Traffic Acts 1961 to 2010 ... |
C4
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.
...
C5
Meaning of term “provisional licence” extended (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.
Learner permit.
11.— ...
(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.
...
C6
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.
C7
Application of collectively cited Road Traffic Acts 1961 to 2002 modified by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.
Provisions applying to certain offences relating to vehicles.
[3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.
(b) The offences referred to in paragraph (a) of this section are:
(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,
...]
C8
Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred from Department of and Minister for Environment and Local Government to Department of and Minister for Public Enterprise and terms construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise changed to Department of and Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).
3.(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.
(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.
4.(1) The functions vested in the Minister for the Environment and Local Government—
(a) by or under—
(i) the Road Traffic Acts 1961 to 2002,
...
are transferred to the Minister for Public Enterprise.
(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.
C9
Meaning of “road” and “public place” extended (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 59, S.I. No. 327 of 1998.
Road for purposes of Road Traffic Acts, 1961 to 1995.
59.—For the avoidance of doubt it is hereby declared that—
(a) the word “road” includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to 1995, or any regulations made thereunder, a road in a State airport, and
(b) a State airport is, for the purposes of any enactment, a public place.
C10
Application of collectively cited Road Traffic Acts 1961 to 1987 modified (1.01.1994) by Roads Act 1993 (14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.
Functions generally of the Authority.
17.— ...
(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.
...
The Authority and traffic management.
23.—(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.
...
C11
Meaning of “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 extended (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.
2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.
Editorial Notes:
E1
Records of Medical Bureau of Road Safety performing certain functions under collectively cited Road Traffic Acts 1961 to 2014 exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).
E2
Road Safety Authority granted power to consider any convictions under collectively cited Road Traffic Acts 1961 to 2011 in determining a risk rating in relation to Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 39(3)(a)-(d) (10.09.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 39(4)(e), S.I. No. 349 of 2013.
E3
Obligation to provide breath specimen by person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under collectively cited Road Traffic Acts 1961 to 2011 provided by Road Traffic Act 1994 (7/1994), s. 12, as substituted (1.06.2011) by Road Traffic Act 2011 (7/2011) s. 2, S.I. No. 253 of 2011.
E4
Previous affecting provision: collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced on enactment.