Road Traffic Act 2006
Number 23 of 2006
ROAD TRAFFIC ACT 2006
REVISED
Updated to 13 September 2023
This Revised Act is an administrative consolidation of the Road Traffic Act 2006. 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 Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), enacted 13 October 2023, and all statutory instruments up to and including the Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 2023 (S.I. No. 450 of 2023), made 13 September 2023, were considered in the preparation of this revision.
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 23 of 2006
ROAD TRAFFIC ACT 2006
REVISED
Updated to 13 September 2023
ARRANGEMENT OF SECTIONS
Section
2. Regulations to give effect to acts of European Communities.
3. Prohibition on holding mobile phone by driver of mechanically propelled vehicle, etc.
5. Fixed charge and disqualification for certain drink driving offences. (Repealed)
6. Consequential disqualification orders. (Repealed)
7. Removal of disqualification.
8. Recognition of foreign driving licences.
12. Driving without driving licence.
13. Requirement to carry driving licence while driving vehicle. (Repealed)
14. Fixed charge offences. (Repealed)
15. Amendment of Act of 1975 (Traffic Wardens).
17. Evidence in relation to certain offences. (Repealed)
18. Increase of certain penalties.
21. Taxis — mandatory disqualification. (Repealed)
23. Short title, commencement, collective citation and construction.
Acts Referred to
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1986, No. 15 |
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1987, No. 34 |
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1972, No. 27 |
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1976, No. 16 |
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1981, No. 30 |
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1975, No. 14 |
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2005, No. 31 |
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1984, No. 16 |
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1961, No. 24 |
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1968, No. 25 |
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1994, No. 7 |
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1995, No. 7 |
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2002, No. 12 |
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2003, No. 37 |
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2004, No. 44 |
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Road Traffic Acts 1961 to 2005 |
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1933, No. 8 |
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1986, No. 16 |
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1999, No. 15 |
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1993, No. 14 |
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2003, No. 25 |
Number 23 of 2006
ROAD TRAFFIC ACT 2006
REVISED
Updated to 13 September 2023
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2005, THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003 AND TO REPEAL SECTION 16 OF THE ROAD TRANSPORT ACT 1999.
[16th July, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Qualified exemption from application of collectively cited Road Traffic Acts 1961 to 2010 provided (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011.
Exemptions for emergency vehicles.
87.— (1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 12 and 14 of this Act, do not apply to—
(a) the driving or use by a member of the Garda Síochána, an ambulance service 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.
...
C1
Application of collectively cited Road Traffic Acts 1961 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
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
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... ... |
... ... |
... Road Traffic Acts 1961 to 2010 ... |
C2
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.
...
Editorial Notes:
E1
Prospective affecting provision: Court required to order persons convicted of an offence under the collectively cited Road Traffic Acts 1961 to 2010 to pay to the court the costs and expenses incurred in relation to the investigation, detection and prosecution of the offence by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.
E2
Road Traffic Act 2010 (25/2010), Part 3, confirmed to apply to such summary offences under collectively cited Road Traffic Acts 1961 to 2010 as may be declared by the Minister for Transport by regulations to be fixed charge offences (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 34(a), S.I. No. 241 of 2017.
E3
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).
E4
Obligation imposed on a person who holds a specified position with an operator to inform the operator in writing in the event that he or she is or has been convicted of an offence under collectively cited Road Traffic Acts 1961 to 2011 (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 8 and sch.
E5
Power granted to Minister for Transport, Tourism and Sport, in determining whether an operator has satisfied or continues to satisfy the requirement of good repute, to consider whether or not the operator or a person who holds a specified position with the operator has, within the previous 10 years, been convicted of an offence under collectively cited Road Traffic Acts 1961 to 2011 (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 6 and sch.
E6
Obligation imposed on persons who it is alleged have committed or have been charged with the commission of certain offences under collectively cited Road Traffic Acts 1961 to 2010 to produce his or her driving licence or learner permit to the court by Road Traffic Act 2002 (12/2002), s. 22(1), as amended (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.
E7
Power granted to member of the Garda Síochána to require the production of a driving licence where he or she has reasonable grounds for believing that a mechanically propelled vehicle may have been involved in an offence under collectively cited Road Traffic Acts 1961 to 2010 (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 61, S.I. No. 543 of 2011.
E8
Power granted to member of the Garda Síochána who is of the opinion that a person in charge of a vehicle in a public place has committed or is committing an offence under collectively cited Road Traffic Acts 1961 to 2010 to require that the person provide a specimen of his or her breath by exhaling into an apparatus for indicating the presence of alcohol in the breath (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 9, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 7, S.I. No. 542 of 2011.