Category: Road Traffic

The Vehicle Clamping Act regulates vehicle clamping and related matters.  It provides for a two-tier appeal system to hear appeals against clamping and relocation; provision of appropriate signage when clamping is in operation; setting of maximum release and relocation charges; establishment of a code of practice. The National Transport Authority has regulatory power in relation […]

EU regulations provide for a road passenger transport operator’s licence. This applies to a operator who carries passengers for reward in vehicles with accommodation for more than nine persons including the driver. A licence must be held. Applicants for the licence must satisfy requirements in relation to financial standing, good repute, professional competence and other […]

Road transport is subject to domestic legislation dating from the 1930s and European Union legislation prescribing common EU standards. The European Communities (Road Transport) Regulations apply to the carriage of goods and passengers by road within the EU. They apply the provisions of the European agreement concerning the work of crew and vehicles engaged in […]

A person shall not park a vehicle in a public place if it is likely to cause danger to other persons using that place. Contravention in the case of a first offence during hours of darkness or subsequent offences is subject to a class B fine and imprisonment for up to one month or both. […]

Pedestrian and Cycle Paths A vehicle shall not be driven along or across a footway.   This does not apply to a vehicle driven for the purpose of access and egress from a place adjacent to the footway.  Driving along a footway, includes reference to driving wholly or partly along a footway. Where cycle markings are […]

Signals A driver intending to slow down, stop or alter course, shall either give a signal by using a direction indicator or stop lamp, as appropriate or give the appropriate hand signal specified in the regulations. A driver shall indicate the direction in which the vehicle is to be driven to a member of An […]

Requiring Breath Sample A Garda has the power to require a person to give a sample of breath. This applies when in the opinion of the member, the person has consumed an intoxicant, is committing or has committed an offence under the Road Traffic Act is or has been in a vehicle involved in a […]

Licensing / Motor Tax The annual licence (motor taxation) is administered by the local authorities.  The licence (tax disc) must be exhibited on the vehicle in a conspicuous positions.  It must not be defaced It is an offence to use a vehicle in a public place without the relevant excise duty paid.  There are parallel […]

Protective Devices A vehicle must have  front and rear seat safety belts. The detailed requirements are specified. There is a requirement to use safety belts in the front and rear seats. The owner is liable for breach of the requirements by any users. There are limited exemptions. A certificate by a medical practitioner in a […]

Length & Width The road traffic regulations make very detailed provisions in respect of all matters affecting vehicles, trailers, track laying devices, tractors.  There are provisions for special permits for the use of vehicles or trailers which might otherwise breach the regulation. The maximum weight and dimensions of vehicle is specified. Subject to conditions the […]

Defective Vehicle It is an offence to drive a mechanically propelled vehicle in a public place where there is a defect it which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle when in motion is a danger to the public. The owner may […]

Terms of Cover The approved policy of insurance must contain certain minimum terms. The insurer must cover liability for personal injuries  without limitation to a third party or his personal representatives.  There must be €1,127,000 cover for material damage / property loss.  The liability must not be subject to any condition, restriction or limitation which […]

General A mandatory consequential disqualification order follows  conviction for  certain offences or for repeat convictions for offences. The offences for which disqualification is mandatory and listed in the legislation. These are referred to as consequential disqualification orders and apply for the periods set in the legislation. There will generally be discretion as to whether the […]

Removal of Vehicles It is an offence for a person to do any act of commission or omission which causes or is likely to cause traffic to any public place to be obstructed.  A person charged with an offence may have a defence if he can show there was lawful authority for the act, complained […]

Duties on Accident Where injury is caused to a person or property in a public place and a vehicle is involved, certain obligations arise.  If the vehicle is not stationary, the driver must stop the vehicle.  The driver or other person in charge of the vehicle must keep it at or near the place of […]

Endorsement of Points The penalty points system provides for endorsement of penalty points on fix charged penalties and conviction in Court for road traffic offences.  A wide range of offences attract penalty points.  The legislation specifies the number of penalty points recorded on a licence by reason of an offence. Generally, the fixed charge penalty […]

Penalty Notices Within the last 25 years fixed charge penalties or so called “on the spot” fines have become a significant feature of road traffic legislation.  The Road Traffic Act 2010 updated the provisions in respect of penalty notices. A wide range of offences are declared to be fixed charge offences. These include offences under […]

Regulation of  Traffic Where there is a large assembly of persons or where there is traffic congestion by reason of an incident or accident a member of an Garda Siochana my direct regulatory control traffic for that purpose. They may use portable signs to prohibit and direct traffic and prohibit parking, and  take steps necessary […]

The Road Traffic Acts regulate road traffic by ordinary vehicles.  The principal legislation is substantial and is subject to significant amendments at regular intervals.  In addition, road traffic legislation is supplemented by EU driving derived requirements implemented by regulations. The Garda Commissioner has power to make byelaws in a range of areas under the legislation […]

Standard Testing Vehicles must be tested after a certain age annually. A test certificate must be displayed. It is an offence to fail to have a test certificate in force in respect of the vehicle. Contravention is subject on summary conviction to a fine up to e €2000 and imprisonment up to 3 months or […]

Driving Licensing Persons do not qualify for driving licences until they are over specified age, generally 17 for motor vehicles. The Minister may declare a licence or permit permitting a person to drive from another state as recognised within the State.  There are EU wide regulations in relation to driving EU licences. A licensing authority […]

Insurance Requirement The Road Traffic Act requires mandatory  insurance in respect of liability for the negligent use of a mechanically propelled  vehicle. There must be in approved policy of insurance meeting certain conditions and of certain amounts. Alternatively there must be in approved guarantee in the same terms. The policy must cover the owner/ driver and […]

Possible Offences Taking or using  vehicle without consent may constitute theft. It may not constitute theft where were the intention is to use it temporarily. There is a statutory offence of taking or using a mechanically propelled vehicle without consent. Where a  person is charged with the theft of a vehicle, the statutory offence charge […]

The Regulations The “Rules of the Road” is a publication based on the general traffic and parking regulations. It is published by the Department and updated frequently. They describe the obligations in the regulations in more user-friendly terms with practical illustrations The Road Traffic (Traffic and Parking) Regulations, as amended in effect comprise the Rules […]

Vehicle Registration Tax Upon first registration of a vehicle in Ireland an excise duty called vehicle registration tax is payable. The Revenue Commissioners have authority to specify conditions for registration of vehicles and the collection generally of vehicle registration tax. The tax is payable at the time of registration or the time of making a specified […]

Vehicle Specification There are detailed provisions in respect of every aspect of vehicle construction or design, steering, reverse gearing, wings, safety glass, view of the road, windscreen wipers, mirrors, speedometer, audible warning device, silencer, means of preventing unauthorised driving in essential projections. There are both domestic regulations and EU derived regulations on vehicle standards. The […]

Levels There are a number of levels of offence covering   dangerous, careless and inconsiderate driving.  There may be a question of  judgment as to which category the driving falls into if any. Dangerous driving is intended to cover the more serious cases. The offence of dangerous driving causing serious injury or death is not separate […]

Intoxication Offences It is an offence to drive or attempt to drive a mechanically propelled vehicle in a public place while under the influence of intoxicant to such an extent as to be incapable of having proper control of the vehicle.  An intoxicant includes alcohol or drugs or any combination. It is a separate offence […]

Garda Enforcement Road traffic legislation is administered and enforced by An Garda Siochana under the Road Traffic Acts. There exists a vast quantity of road traffic legislation regulating vehicles and driver conduct. The Gardai have wide powers of enforcement.  There are numerous specific powers of arrest under road traffic legislation where An Garda Siochana member […]