Road Traffic Act 2016 The Act provides for a number of measures to improve safety on roads: Provision for roadside tests of oral fluid for the presence of drugs; A new offence of driving with the presence of certain specified drugs in the blood; Measures to give effect to agreement between Ireland and the UK on mutual recognition of driver disqualifications; The creation of a […]
Control of Clamping 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 to administration of clamping, provision of signages […]
EU Regulations EU regulations provide for a road passenger transport operator’s licence. This applies to an 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 requirements. There is provision for certificates of competence […]
EU Legislation 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 International Road Transport (AETR) to certain international road […]
Ancillary Disqualification An ancillary disqualification order may be made when a person is convicted of an offence under the Road Traffic Acts in relation to a mechanically propelled vehicle or its driving or in a crime in which a vehicle was used. The disqualification is an addition to any other penalty that may be declared. The disqualification order may be appealed to the Circuit Court. […]
Licence Required It is an offence to drive a driving mechanically propelled vehicle without a valid licence entitling the person to drive it. Driving without a licence carries the general penalty. There are two points on payment of a fixed charge or five on conviction. In a prosecution the onus is on the driver to prove that he had the proper licence. It is a […]
Road safety: driving licences Directive 2006/126/EC on driving licences It introduces a new European driving licence. It recasts Directive 91/439/EEC – which it also repeals. Key Points The directive does the following. It helps to improve road safety: it introduces a new category of licence for mopeds and requires a mandatory theory test beforehand as well as a graduated access to heavier motorcycles. It further […]
Dangerous Parking 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. In other cases, it is subject to a […]
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 provided, the part of the road to which they relate […]
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 Garda Síochána by giving either a signal by using a […]
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 collision or which is a has-been involved in an event […]
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 position. 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 provisions regarding the older excise duties payable for pre-1993 registration. […]
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 specified format may be available to certain persons with medical […]
Length & Width Road traffic regulations make very detailed provisions regarding all matters affecting vehicles, trailers, track-laying devices, and 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 the vehicle are specified. Subject to conditions, the width of a vehicle must not generally exceed 2.5 m. Public service […]
Defective Vehicle It is an offence to drive a mechanically propelled vehicle in a public place where there is a defect of 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 also commit an offence if he is not the […]
Terms of Cover The approved insurance policy 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 is prescribed. Liability must cover both the negligent use of the […]
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 person is also to produce a certificate of competence or […]
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 of, or it was due to unavoidable accident. The Minister […]
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 occurrence for a reasonable period of time in all the […]
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 allows for a lower number of penalty points. The general […]
On-the-Spot Fines 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 the Road traffic Act but also offences under road transport, […]
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 generally, in order to prevent obstruction or disorder. For the […]
Regulation of Traffic The Road Traffic Acts reguate 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 subject to confirmation by and consent of […]
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 both. Failure to display a certificate is subject to 5 […]
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 maintains records of driving licences and provisional licences. It is […]
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 the liability of some other persons who would be liable […]
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 may be substituted. Statutory Offences It is an offence to […]
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 of the Road. The “Rules of the Road as published […]
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 declaration. Applications for registration must include a certificate of conformity […]
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 legislation has prescribed vehicle type approvals. In some circumstances special […]
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 to that of dangerous driving. It is a particular aggravation […]
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 an 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 to drive or attempt to drive a mechanically propelled […]
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 has reasonable grounds to believe an offence has been committed. […]