Road Traffic Act 2010
Number 25 of 2010
ROAD TRAFFIC ACT 2010
REVISED
Updated to 27 October 2022
This Revised Act is an administrative consolidation of the Road Traffic Act 2010. 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 Garda Síochána (Compensation) Act 2022 (33/2022), enacted 24 October 2022 and all statutory instruments up to and including the Appointment Of Special Adviser (Tánaiste And Minister for Enterprise, Trade and Employment) (No. 2) Order 2022 (S.I. No. 548 of 2022), made 25 October 2022, 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 25 of 2010
ROAD TRAFFIC ACT 2010
REVISED
Updated to 27 October 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, commencement, collective citation and construction.
Intoxicated Driving Offences
General
Intoxicated driving offences
6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.
Roadside breath and impairment testing
9. Obligation to provide preliminary breath specimen.
10. Mandatory alcohol testing.
11. Preliminary impairment testing.
Procedure in relation to providing specimen at Garda Síochána station, etc.
12. Obligation to provide breath, blood or urine specimens following arrest under Part 2.
13. Procedure following provision of breath specimen under section 12.
13A. Obligation to provide oral fluid specimen following arrest under Part 2.
13B. Obligation to provide blood specimen where suspected of certain offences involving drugs.
14. Obligation to provide blood or urine specimen while in hospital.
15. Procedure regarding taking of specimens of blood and provisions of specimens of urine.
16. Detention of intoxicated drivers where a danger to selves or others.
17. Procedure at Bureau regarding specimens.
17A. Permission following taking of blood sample from unconscious driver.
Evidential matters, etc.
18. Provisions regarding certain evidence in prosecutions under section 4 or 5.
19. Written statement by member of Garda Síochána in respect of requirement under section 12(1).
20. Provisions regarding certain evidence in proceedings under Part 2.
21. Costs of prosecutions under Part 2.
22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.
23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1).
Medical examination at Garda Síochána station or hospital
24. Medical examination at Garda Síochána station or hospital.
Functions of Bureau
27. Protection of Director, etc., against legal proceedings.
Fixed penalty notice — drink driving
29. Fixed penalty notice — drink driving.
Transitional measures
31. Amendment of section 39(2) of Act of 1994 — power of entry.
32. Amendment of section 5 of Act of 2006 — fixed disqualification notice. (repealed)
Repeals (Part 2)
Fixed Charge Offences and Notice
35. Fixed charge notice — service.
36. Fixed charge notice — form.
39. Regulations — information regarding drivers of mechanically propelled vehicles.
40. Offences in relation to fixed charge notices.
41. Regulations — fixed charge amounts.
44. Payment of fixed charge on service of summons.
45. Offence by body corporate.
46. Fixed charge notice — traffic wardens.
49A. Fixed charge offences - transitional provisions.
Payment Deposit
50. Payment deposit from non-resident drivers in respect of certain alleged offences.
Penalty Points
53. Penalty points — endorsement of points. (repealed)
54. Amendment of First Schedule to Act of 2002 — penalty points.
55. Probation of Offenders Act 1907 not to apply to penalty point offences.
Driving Licence
56. Definitions — driving licence.
57. Matters relating to issue of Irish driving licences and learner permits.
58. Prohibition on applying for Irish driving licence or learner permit where disqualified.
59. Production of driving licence on demand of member of Garda Síochána.
60. Member of Garda Síochána may seize licence in certain circumstances.
62. Obligation to give current address to member of Garda Síochána.
63. Production of driving licence to court.
Disqualification
64. Disqualification for holding driving licence.
65. Consequential disqualification orders.
66. Transitional provision — consequential disqualification orders.
67. Amendment of section 29 of Principal Act — removal of disqualification and repeal.
Certain Driving Offences
69. Inconsiderate, careless and dangerous driving, etc.
Miscellaneous
71. Definitions — Principal Act.
72. Driving or being in charge of a substantially disabled mechanically propelled vehicle.
73. Production of certificate of insurance or guarantee.
74. Signature of applicant — driving licence, etc.
76. Amendment of section 47 of Principal Act — offence of exceeding speed limit.
77. Vehicle insurers to provide details of motor insurance policies.
79. Duty to give information on demand by member of Garda Síochána.
80. Right to demand name and address, etc., of pedal cyclist.
81. Evidence in relation to speeding and certain other offences.
82. Cost of prosecutions — road traffic offences.
83. Functions of Commissioner of Garda Síochána.
84. Amendment of section 15 of Act of 1968 — increase in certain penalties.
85. Regulations — control of driving instructors.
87. Exemptions for emergency vehicles.
88. Penalty — supply of mechanically propelled vehicle to minor.
89. Display of local authority permits.
92. Certificates of competency — display of tax disc and test certificate.
Acts Referred to
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1956, No. 45 |
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1956, No. 46 |
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2001, No. 28 |
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1986, No. 33 |
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2008, No. 7 |
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2008, No. 15 |
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1972, No. 27 |
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1976, No. 16 |
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1992, No. 9 |
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1993, No. 13 |
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1994, No. 13 |
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1952, No. 24 |
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1981, No. 30 |
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1997, No. 13 |
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2003, No. 9 |
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2005, No. 20 |
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Licensing Act 1872 |
1872, c. 94 |
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1975, No. 14 |
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2001, No. 37 |
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2007, No. 25 |
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1985, No. 18 |
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Offences against the Person Act 1861 |
1861, c. 100 |
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Petty Sessions (Ireland) Act 1851 |
1851, c. 93 |
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Probation of Offenders Act 1907 |
1907, c. 17 |
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2005, No. 31 |
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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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2006, No. 23 |
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2006, No. 28 |
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1933, No. 8 |
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1986, No. 16 |
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Roads Act 1920 |
1920, c. 72 |
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2007, No. 34 |
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2005, No. 26 |
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2003, No. 25 |
Number 25 of 2010
ROAD TRAFFIC ACT 2010
REVISED
Updated to 27 October 2022
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2007.
[20th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
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.]
C2
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 ... |
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 25 of 2010 |
Road Traffic Act 2010 |
Sections 29(13)(b), 37(1)(b), 42(1)(b) and 44(6) |
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... |
... |
... |
C4
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.
...
C5
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.
C6
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,
...]
C7
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.
C8
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.
...
C9
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:
E1
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.
E2
Collectively cited Road Traffic Acts 1961 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).
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
Road Safety Authority designated as authority responsible for certain vehicle testing arrangements required under the collectively cited Road Traffic Acts 1961 to 2006 (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 3(a)(i).
E5
Duty to give information to member of Garda Síochána for offences under collectively cited Road Traffic Acts 1961 to 1995 imposed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 59(1), commenced on enactment.
E6
Previous affecting provision: certain records held under collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).