Driving Licensing

Table of Contents

ROAD TRAFFIC ACT 1961

REVISED

Updated to 16 May 2023

AN ACT TO MAKE PROVISION IN RELATION TO MECHANICALLY PROPELLED AND OTHER VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM THE USE OF MECHANICALLY PROPELLED VEHICLES, TO REPEAL THE ROAD TRAFFIC ACT, 1933, AND CERTAIN OTHER ENACTMENTS, TO AUTHORISE CERTAIN CHARGES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th July, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Section 3

Interpretation.

3.—(1) In this Act, save where the context otherwise requires—

“ancillary disqualification order” has the meaning specified in subsection (1) of section 27;

“appointed stand” has the meaning specified in subsection (1) of section 84;

“appointed weighbridge” has the meaning specified in subsection (1) of section 15;

“approved guarantee” has the meaning specified in section 63;

“approved policy of insurance” has the meaning specified in section 62;

“built-up area speed limit” has the meaning specified in subsection (4) of section 45;

“certificate of competency” has the meaning specified in subsection (4) of section 33;

“certificate of fitness” has the meaning specified in subsection (4) of section 34;

“certificate of exemption” has the meaning specified in section 68;

“certificate of guarantee” has the meaning specified in subsection (2) of section 66;

“certificate of insurance” has the meaning specified in subsection (1) of section 66;

“combination of vehicles” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby;

“the Commissioner” means the Commissioner of the Garda Síochána;

“consequential disqualification order” has the meaning specified in subsection (1) of section 26;

“contravenes” includes refuses or fails to comply with, and “contravention” shall be construed accordingly;

F1[“detachable disc” means that part of a test certificate, for the time being in force in respect of a vehicle, which may be detached from the certificate to be affixed to the vehicle;]

“driving” includes managing and controlling and, in relation to a bicycle or tricycle, riding, and “driver” and other cognate words shall be construed accordingly;

F2[“driving licence” means—

(a) an Irish driving licence, or

(b) a foreign driving licence;]

F1[“EU roadworthiness certificate” in relation to a vehicle means a roadworthiness certificate within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations made under section 18 for tests of mechanically propelled vehicles;]

F3[“European Economic Area” means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being]

“footway” means that portion of any road which is provided primarily for the use of pedestrians;

F4[“foreign driving licence” means a licence or permit to drive a mechanically propelled vehicle—

(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a F5[vehicle,]

(b) recognised by an order made under section F5[23A(1), or];]

F6[(c) recognised by an order under section 23B;]

F7[“general speed limit” means a speed limit under section 44A of this Act;]

“hire-drive agreement” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than—

(a) a hire-purchase F8[or letting] agreement,

(b) an agreement merely for the carriage of persons or goods, or

“the insured” has the meaning assigned to it in paragraph (a) of subsection (1) of section 62;

F9[“Irish driving licence” means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23; ]

“large public service vehicle” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;

“mechanically propelled vehicle” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including—

(a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used,

(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,

but not including a tramcar or other vehicle running on permanent rails;

F1[“Member State competent authority” means an authority or public body in a Member State, other than the State, with responsibility for managing the system of roadworthiness testing in that Member State, including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

“Member State testing centre” means a public or private body or establishment in a Member State, other than the State, authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

F10[“Minister” means Minister for Transport;]

“mobile weighbridge” has the meaning specified in subsection (7) of section 15;

F8[“motorway” has the meaning assigned to it by the Roads Act, 1993;]

F8[“motorway speed limit” has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;]

“omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places;

“ordinary speed limit” has the meaning specified in subsection (3) of section 44;

F11[“owner”, when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement;]

“park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;

“parking place” has the meaning specified in paragraph (a) of subsection (2) of section 90;

“pedal bicycle” means a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

“pedal cycle” means a vehicle which is a pedal bicycle or pedal tricycle;

“pedal cyclist” means a person driving a pedal cycle;

“pedal tricycle” means a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

F12[“pedestrian controlled vehicle”] means a mechanically propelled vehicle—

(a) which is neither intended nor adapted for use for carrying the driver or a passenger, or

(b) which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian,

except during a period during which it is driven while carrying the driver or a passenger

“period of cover” has the meaning assigned to it in paragraph (b) of subsection (1) of section 62 or paragraph (b) of subsection (1) of section 63 (as may be appropriate);

F3[“permission to reside” means a permission under section 60(6) of the International Protection Act 2015, which permission is valid;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“principal debtor” has the meaning assigned to it in paragraph (a) of subsection (1) of section 63;

F11[“public place” means—

(a) any public road, and

(b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;]

“public road” means a road the responsibility for the maintenance of which lies on a road authority;

“public service vehicle” means a mechanically propelled vehicle F13[or combination of vehicles] used for the carriage of persons for reward;

F14[“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;]

F3[“relevant person” means a person who has been given a permission to reside;]

“the repealed Act” means the Road Traffic Act, 1933 (repealed by this Act);

“road” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof;

F10[“road authority” means—

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,

to the Local Government Act 2001;]

“road traffic weighbridge” has the meaning specified in subsection (4) of section 15;

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

F1[“Roadworthiness Directive” means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 20141;]

“small public service vehicle” means a public service vehicle which is not a large public service vehicle;

“special disqualification order” has the meaning specified in subsection (5) of section 28;

F11[“special speed limit” has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;]

“street service vehicle” means a small public service vehicle the driver of which offers F15[in a public place] himself and the vehicle for hire and for that purpose stands or drives the vehicle F15[in a public place];

F16[“test certificate” means –

(a) a certificate issued under section 18, or

(b) an EU roadworthiness certificate;]

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

F17[F18[“vehicle” means a mechanically propelled vehicle, a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]]

“vehicle guarantor” has the meaning specified in section 59;

“vehicle insurer” has the meaning specified in section 58.

F19[(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded—

(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and

(b) for all other purposes of this Act as not being a mechanically propelled vehicle.]

(3) Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby.

(4) Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition.

(5) Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order.

Annotations

Amendments:

F1
Inserted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(i).

F2
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(a), S.I. No. 255 of 2011.

F3
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(ii), S.I. No. 390 of 2022.

F4
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(b), S.I. No. 255 of 2011.

F5
Substituted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(I), (II), S.I. No. 390 of 2022.

F6
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(III), S.I. No. 390 of 2022.

F7
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F8
Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(i) and (ii), S.I. No. 222 of 1994.

F9
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(c), S.I. No. 255 of 2011.

F10
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(a), (b), S.I. No. 255 of 2011.

F11
Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(iii), (iv), (v), S.I. No. 222 of 1994.

F12
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F13
Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 15, S.I. No. 147 of 2014.

F14
Substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 32, S.I. No. 8 of 2005.

F15
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F16
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(ii).

F17
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(c), S.I. No. 255 of 2011.

F18
Substituted (25.07.2012) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(a), S.I. No. 314 of 2012.

F19
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 72, S.I. No. 255 of 2011.

Modifications (not altering text):

C14
Terms “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

…

C15
Term “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 25(2), S.I. No. 214 of 2014.

Dissolution of town councils — consequential provisions

25. …

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

…

Editorial Notes:

E55
A number of statutory instruments made pursuant to s. 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 123 notes that the statutory instrument is also made pursuant to s. 3.

1 OJ No. L 127, 29.4.2014, p. 51.

Section 4

Application to persons and vehicles in the service of the State.

4.—(1) Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.

(2) Part VI of this Act shall not apply to—

(a) a vehicle owned by the State or a person using such vehicle in the course of his employment,

(b) a vehicle under seizure by a person in the service of the State in the course of his duty or a person using such vehicle in the course of his employment, or

(c) a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder.

Section 5

General provisions with respect to regulations.

5.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Editorial Notes:

E56
A number of statutory instruments made pursuant to other sections (ss. 6, 11, 12, 15, 18, 33, 42, 44, 44A, 45, 46, 65, 82, 86, 90, 95, 97, 101B, 101D, 103, 121, 122) of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of the section notes that the statutory instrument is also made pursuant to s. 5, and it is not listed here.

E57
Power pursuant to section exercised (1.10.2020) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2020 (S.I. No. 385 of 2020), in effect as per reg. 1(2).

E58
Power pursuant to section exercised (11.07.2017) by Road Traffic Act 2010 (Section 44(3)) (Prescribed Notice) Regulations 2017 (S.I. No. 300 of 2017).

E59
Power pursuant to section exercised (1.06.2017) by Road Traffic Act 2010 (Section 35(6)) (Prescribed Document) Regulations 2017 (S.I. No. 245 of 2017), in effect as per reg. 2.

E60
Power pursuant to section exercised (1.06.2017) by Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017 (S.I. No. 243 of 2017), in effect as per reg. 2.

E61
Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Medical Exemption Certificate) Regulations 2017 (S.I. No. 158 of 2017).

E62
Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2017 (S.I. No. 151 of 2017), in effect as per reg. 1(2).

E63
Power pursuant to section exercised (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015).

E64
Power pursuant to section exercised (29.10.2012) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 2012 (S.I. No. 399 of 2012).

E65
Power pursuant to section exercised (17.11.2011) by Road Traffic Act 2010 (Fixed Penalty Notice – Drink Driving) Regulations 2011 (S.I. No. 595 of 2011).

E66
Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) Regulations 2011 (S.I. No. 540 of 2011).

E67
Power pursuant to subs. (1) exercised (15.12.2006) by Road Traffic Act 1994 (Control of Traffic – Exemption Permits) Regulations 2006 (S.I. No. 639 of 2006).

E68
Power pursuant to subs. (1) exercised (18.07.2006) by Road Traffic Act 2006 (Mobile Phones-Prescribed Numbers) Regulations 2006 (S.I. No. 385 of 2006).

E69
Power pursuant to section exercised (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005).

E70
Power pursuant to section exercised (1.01.2002) by Road Traffic (Licensing of Trailers and Semi-Trailers)(Amendment) (No.2) Regulations 2001 (S.I. No. 541 of 2001).

E71
Power pursuant to section exercised (1.04.2001) by Road Traffic (Licensing of Trailers and Semi-Trailers)(Amendment) Regulations 2001 (S.I. No. 75 of 2001).

E72
Power pursuant to section exercised (1.08.1998) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1998 (S.I. No. 207 of 1998).

E73
Power pursuant to section exercised (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), in effect as per reg. 2.

E74
Power pursuant to section exercised (1.11.1993) by Road Traffic (Control of Supply of Vehicles) (Amendment) Regulations 1993 (S.I. No. 301 of 1993).

E75
Power pursuant to section exercised (1.03.1991) by Road Traffic (Control of Supply of Vehicles) Regulations 1991 (S.I. No. 35 of 1991).

E76
Power pursuant to section exercised (5.12.1990) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1990 (S.I. No. 286 of 1990).

E77
Power pursuant to section exercised (27.08.1987) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1987 (S.I. No. 218 of 1987).

E78
Power pursuant to section exercised (1.01.1984) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1983 (S.I. No. 363 of 1983).

E79
Power pursuant to section exercised (1.06.1983) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1983 (S.I. No. 127 of 1983).

E80
Power pursuant to section exercised (1.06.1982) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 (S.I. No. 35 of 1982).

E81
Power pursuant to section exercised (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978).

E82
Power pursuant to section exercised (29.08.1974) by Road Traffic (Speed Limits)(County of Wicklow) (Amendment) Regulations 1974 (S.I. No. 263 of 1974)

E83
Power pursuant to section exercised (1.12.1967) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1967 (S.I. No. 274 of 1967).

E84
Power pursuant to section and s. 46 exercised (1.11.1967) by Road Traffic (Speed Limits) (Amendment) (No. 2) Regulations 1967 (S.I. No. 224 of 1967).

E85
Previous affecting provision: power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2011 (S.I. No. 541 of 2011); revoked (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015), reg. 5.

E86
Previous affecting provision: power pursuant to section exercised (1.01.1996) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1996 (S.I. No. 173 of 1996); revoked (1.08.1998) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 1998 (S.I. No. 207 of 1998), reg. 3.

E87
Previous affecting provision: power pursuant to section exercised (17.12.1993) by Road Traffic General Bye Laws 1964 (Amendment) Regulations 1993 (S.I. No. 393 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E88
Previous affecting provision: power pursuant to section exercised (10.03.1993) by Road Traffic General Bye-Laws (Amendment) Regulations 1993 (S.I. No. 63 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E89
Previous affecting provision: power pursuant to section exercised (29.07.1991) by Road Traffic General Bye-Laws (Amendment) Regulations 1991 (S.I. No. 204 of 1991); revoked (29.09.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E90
Previous affecting provision: power pursuant to section exercised (30.09.1983) by Road Traffic General Bye-Laws (Amendment) Regulations 1983 (S.I. No. 275 of 1983); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E91
Previous affecting provision: power pursuant to section exercised (14.10.1976) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1976 (S.I. No. 240 of 1976); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E92
Previous affecting provision: power pursuant to section exercised (28.11.1975) by Road Traffic General Bye-Laws (Amendment) Regulations 1975 (S.I. No. 281 of 1975); revoked (1.10.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E93
Previous affecting provision: power pursuant to section exercised (9.12.1974) by Road Traffic (Speed Limits) (County Borough of Dublin and County of Dublin) (Amendment) Regulations 1974 (S.I. No. 342 of 1974); revoked (28.11.1977) by Road Traffic (Speed Limits)(County Borough of Dublin and County of Dublin) Regulations 1977 (S.I. No. 358 of 1977), reg. 7.

E94
Previous affecting provision: power pursuant to section exercised (22.11.1974) by Road Traffic Act 1968 (Part V)(Amendment) Regulations 1974 (S.I. No. 336 of 1974); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E95
Previous affecting provision: power pursuant to section exercised (9.09.1974) by Road Traffic (Speed Limits) (County of Wicklow) (Amendment) Regulations 1974 (S.I. No. 263 of 1974); revoked (20.02.1978) by Road Traffic (Speed Limits)(County of Wicklow) Regulations 1978 (S.I. No. 31 of 1978), reg. 7.

E96
Previous affecting provision: power pursuant to section exercised (6.08.1974) byRoad Traffic Act 1961 (Section 103)(Offences) (Amendment) Regulations 1974(S.I. No. 246 of 1974); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.

E97
Previous affecting provision: power pursuant to section exercised (22.07.1974) by Road Traffic (Speed Limits) (County of Meath) (Amendment) Regulations 1974 (S.I. No. 230 of 1974); revoked (1.01.1977) by Road Traffic (Speed Limits)(County of Meath) Regulations 1976 (S.I. No. 300 of 1976), reg. 7.

E98
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E99
Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E100
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E101
Previous affecting provision: power pursuant to section exercised (1.02.1968) by Road Traffic (Speed Limits) (County of Leitrim) Regulations 1968 (S.I. No. 9 of 1968); revoked (15.07.1980) by Road Traffic (Speed Limits) (County of Leitrim) Regulations 1980 (S.I. No. 278 of 1980), reg. 7.

Section 6

Approval of bye-laws made by the Commissioner.

6.—(1) A bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.

(2) Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified.

(3) A bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.

(4) No such bye-law as is mentioned in the foregoing subsections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.

(5) Where the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect:

(a) the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law;

(b) the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law;

(c) the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners;

(d) for the purposes of this subsection, a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of the county which is not in any borough, urban district or town.

(6) The making of representations pursuant to subsection (5) of this section shall—

(a) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and

(b) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(7) Every bye-law made under section 86 or section 88 of this Act and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Annotations

Modifications (not altering text):

C16
Terms “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

…

Editorial Notes:

E102
Power pursuant to subs. (3) and s. 5 exercised (7.04.1962) by Road Traffic (Bye-Laws and Temporary Rules) (Amendment) Regulations 1962 (S.I. No. 60 of 1962).

E103
Power pursuant to subss. (1), (3) and ss. 5, 84(3), 89(4) and 90(7) exercised (28.09.1961) by Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961).

Section 7
Proof of certain bye-laws and rules.

7.—(1) Section 4 of the Documentary Evidence Act, 1925, shall apply to every bye-law F20[and rule made under the Road Traffic Acts, 1961 to 1994.]

(2) Subsection (1) of section 6 of the Documentary Evidence Act, 1925, is hereby amended by adding to the official documents mentioned in that subsection bye-laws F20[and rules made under the Road Traffic Acts, 1961 to 1994], and the said section 6 shall have effect accordingly.

Annotations

Amendments:

F20
Substituted (22.07.1994) Road Traffic Act 1994 (7/1994), s. 49(b), S.I. No. 222 of 1994.

Section 8
Finance.

8.—(1) All expenses incurred by any Minister or by the Commissioner in execution of the Roads Act, 1920, of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, F21[be paid out of moneys provided by the Oireachtas.]

(2) F22[…]

(3) F22[…]

(4) F22[…]

(5) F22[…]

(6) So far as may be necessary for the purposes of the transition from the repealed Act to this Act, the references to this Act in subsections (1), (2) and (4) of this section shall be construed as including references to the repealed Act.

Annotations

Amendments:

F21
Substituted (18.07.1980) by Road Fund (Winding Up) Regulations 1980 (S.I. No. 230 of 1980), reg. 2 and sch.

F22
Deleted (18.07.1980) by Road Fund (Winding Up) Regulations 1980 (S.I. No. 230 of 1980), reg. 2 and sch.

Section 9
Disposal of fees and fines.

9.—F23[(1) Save as is otherwise expressly provided by this Act, all fees and other sums received under this Act or regulations thereunder by the Commissioner or any other member of the Garda Síochána or by an authorised person (within the meaning of section 103 of this Act) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.]

(2) Save as is otherwise expressly provided by this Act, all fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.

(3) All moneys paid into or disposed of for the benefit of the Exchequer under this section shall, for the purposes of section 2 of the Roads Act, 1920, be deemed to have been paid into the Exchequer under that Act.

PART III.

Driving Licences.

Annotations

Modifications (not altering text):

C21
Power of Minister to access information for grant of licences under Part extended (5.12.2005) by Civil Registration Act 2004 (3/2004), s. 66(1)(f), S.I. No. 764 of 2005, as amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 21, S.I. No. 648 of 2010. Subsection further amended by Civil Registration Act 2014 (34/2014), s. 29(a) and (c), not commenced as of date of revision.

Power of Ard-Chláraitheoir to give information to others.

66.—(1) Notwithstanding anything contained in the Data Protection Acts 1988 to 2003 or any other enactment, an tArd-Chláraitheoir may, after consultation with […] the Minister for Social and Family Affairs, give such information as may be prescribed in relation to births, [marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership], registered under this Act or under any of the repealed enactments to—

…

(f) the Minister for Transport for the purpose of the grant of driving licences and provisional licences under Part III of the Road Traffic Act 1961,

…

C22
Application of Part III (ss. 21-44) modified (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 9(2), commenced as per art. 2.

Driving Licence or Permit.

9. …

(2) Part III of the Road Traffic Act, 1961 modified as follows, shall apply in respect of the driving permit of a visitor in like manner as it applies in respect of a driving licence—

(a) Sections 22, 23, 24, 25, subsection (2) of section 28, subsections (2) and (3) of section 31, sections 36 and 39 and subsection (5) of section 40 shall not apply to a driving permit.

(b) Notwithstanding the provisions of section 30 with respect to the suspension of a driving licence, whenever a visitor who holds a driving permit is disqualified under section 26, 27 or 28 for holding any driving licence in respect of a category or categories of mechanically propelled vehicles comprising any vehicle which the driving permit licenses him to drive, the driving permit shall stand suspended.

(c) An order under section 26 or 27 disqualifying a person for holding a driving licence during a specified period and thereafter until the person produces a certificate of competency shall not be made, and the appropriate authority for the purpose of those sections shall be the Automobile Association.

(d) An application for an order under subsection (1) of section 28 may be made to any Justice of the District Court, and the appropriate authority for the purpose of that section shall be the Automobile Association.

(e) The following words shall be omitted from subsection (4) of section 34— “but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency”.

(f) In paragraph (a) of subsection (5) of section 34 there shall be substituted “any Justice of the District Court” for “a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides”.

(g) For the purpose of section 37, an endorsement authorised to be made on a driving permit under this article shall be deemed to be an endorsement made on a driving licence under Part III.

…

Editorial Notes:

E252
Part III (ss. 21-44) applied to period during which a provisional licence has effect (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 17(5).

E253
Categories of vehicles for purposes of Part prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 6, as last amended (31.05.2015) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2015 (S.I. No. 242 of 2015), reg. 2(a), in effect as per reg. 1(2).

E254
Licencing authorities required to keep records for licences granted under Part III (ss. 21-44) (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 55.

E255
Person conducting test under Part III (ss. 21-44) exempted from application of regulations (5.05.2006) by European Communities (Compulsory use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006), reg. 11(1)(d).

E256
Interruption prescribed under certain circumstances for duration of penalty points or disqualification period under Part (31.10.2002 and 1.06.2003) by Road Traffic Act 2002 (12/2002), s. 6, S.I. Nos. 491 of 2002 and 214 of 2003; substituted by Road Traffic Act 2010 (25/2010), s. 53(4), not commenced as of date of revision.

E257
Previous affecting provision: powers of authority to grant licence under Part extended (17.06.1993) by Finance Act 1993 (13/1993), s. 59(1), commenced on enactment; deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 56(b)(i), S.I. No. 5 of 2013.

E258
Previous affecting provision: application of Part III (ss. 21-44) not restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 19; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E259
Previous affecting provision: application of Part III (ss. 21-44) modified by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), art. 14(2) as substituted (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 4. Mechanically Propelled Vehicles (International Circulation) Order 1961 revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 21
F47[

Licensing Authority.

F48[21.—In this Part, “licensing authority” means the Road Safety Authority and references to a licensing authority shall be read as references to the licensing authority.]]

Annotations

Amendments:

F47
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

F48
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(a), S.I. No. 5 of 2013.

Section 22
F49[

Application for Irish driving licence.

22.—(1) Subject to this Part, a person may apply to a licensing authority for a licence (“Irish driving licence”) to drive a mechanically propelled vehicle of a specified category.

(2) An application for an Irish driving licence—

(a) shall be made—

(i) to the licensing authority F50[…]

(ii) in accordance with the regulations made under section 42(2)(c),

(b) shall be accompanied by—

(i) any certificate of competency or fitness required under regulations under this Act, and

(ii) the fee payable on the taking out of such a licence,

and

(i) a recent photograph of the applicant, and

(ii) the applicant’s personal public service number allocated and issued to him or her under section 262(2) of the Social Welfare Consolidation Act 2005.

(3) Details of an applicant’s personal public service number referred to in subsection (2)(c) may be entered in licence records.

(4) (a) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority F50[…], as may be appropriate, with—

(i) such information from the records, and

(ii) such copies of licence records or of such extracts from such records,

as the person may reasonably require.

(b) This subsection applies to—

(i) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(ii) such other categories of person and the purpose for such access as may be prescribed.

(5) In this section “licence records” means records maintained under section 60 (as amended by section 86 of the Finance Act 1994) of the Finance Act 1993. ]

Annotations

Amendments:

F49
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

F50
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(b), S.I. No. 5 of 2013.

Modifications (not altering text):

C23
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E260
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 22. These statutory instruments are not separately listed under this section.

E261
Power pursuant to subs. (4)(b)(ii) exercised (27.04.2017) by National Vehicle and Driver File (Access) (Amendment) Regulations 2017 (S.I. No. 179 of 2017).

E262
Power pursuant to subs. (4)(b)(ii) exercised (9.07.2015) by National Vehicle and Driver File (Access) (No. 2) Regulations 2015 (S.I. No. 287 of 2015).

E263
Previous affecting provision: power pursuant to subs. (4)(b)(ii) exercised (19.02.2015) by National Vehicle and Driver File (Access) Regulations 2015 (S.I. No. 64 of 2015); revoked (9.07.2015) by National Vehicle and Driver File (Access) (No. 2) Regulations 2015 (S.I. No. 287 of 2015), reg. 3.

E264
Previous affecting provision: power pursuant to subs. (4) exercised (29.10.2013) by Finance Act 1993 (Section 60) Regulations 2013 (S.I. No. 414 of 2013), reg. 2 and sch.; revoked (19.02.2015) by National Vehicle and Driver File (Access) Regulations 2015 (S.I. No. 64 of 2015).

E265
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), reg. 19, in effect as per reg. 2; revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), in effect as per reg. 2, and superseded as per C-note above.

E266
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E267
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 18; revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), reg. 57 and sch. 8, in effect as per reg. 2, and superseded by Road Traffic (Licensing of Drivers) Regulations 1999 as per E-note above.

E268
Previous affecting provision: application of subss. (2), (4) and (5) extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 22A
F51[

Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

22A.—(1) Where a person is disqualified by this Act for holding any driving licence or learner permit—

(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or

(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,

for that period or any period the whole or part of which is within that period.

(2) Where a person is disqualified for applying for any Irish driving licence or learner permit—

(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,

(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,

and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.]

Annotations

Amendments:

F51
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

Section 22B
F52[

Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

22B.—Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it. ]

Annotations

Amendments:

F52
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

Section 23
F53[

Grant of Irish driving licence.

23.—(1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them—

(a) that the applicant is disqualified for applying for the licence, or

(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on—

(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and

(b) in any other case — the day on which the licence is granted.]

Annotations

Amendments:

F53
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.

Editorial Notes:

E269
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 23. These statutory instruments are not separately listed under this section.

E270
Power pursuant to subs. (2) and s. 5(1) exercised (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020).

E271
Power pursuant to subs. (2) exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E272
Previous affecting provision: power pursuant to subs. (2) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2020 (S.I. No. 127 of 2020); revoked (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020), reg. 5.

Section 23A
F54[

Recognition of foreign driving licences.

23A.—(1) The Minister may by order declare that a licence or permit permitting a person to drive a mechanically propelled vehicle, not being a licence or permit issued to a person to enable that person to learn or provisionally to drive such a vehicle, issued by the competent authority of a state other than the State, shall be recognised for the purpose of exchange of that licence or permit for a driving licence, in respect of any one or more of the categories in respect of which the licence or permit is held, and subject to such restrictions, if any, as may be specified in the order.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is mad e and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.]

Annotations

Amendments:

F54
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 8, S.I. No. 384 of 2006.

Editorial Notes:

E273
Power pursuant to section exercised (12.05.2023) by Road Traffic (Recognition of Foreign Driving Licences New Zealand and Taiwan) (Amendment) Order 2023 (S.I. No. 247 of 2023).

E274
Power pursuant to section exercised (4.04.2023) by Road Traffic (Recognition of Foreign Driving Licences) (Australia) Order 2023 (S.I. No. 158 of 2023).

E275
Power pursuant to section exercised (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022).

E276
Power pursuant to section exercised (24.11.2021) by Road Traffic (Recognition of Foreign Driving Licences) (New Brunswick) Order 2021 (S.I. No. 615 of 2021).

E277
Power pursuant to section exercised (31.12.2020 at 11 p.m.) by Road Traffic (Recognition of Foreign Driving Licences) (United Kingdom) Order 2020 (S.I. No. 683 of 2020), in effect as per art. 2.

E278
Power pursuant to section exercised (10.03.2020) by Road Traffic (Recognition of Foreign Driving Licences) (Alberta) Order 2020 (S.I. No. 74 of 2020).

E279
Power pursuant to section exercised (30.05.2019) by Road Traffic (Recognition of Foreign Driving Licences) (Saskatchewan) Order 2019 (S.I. No. 238 of 2019).

E280
Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).

E281
Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).

E282
Power pursuant to section exercised (2.04.2015) by Road Traffic (Recognition of Foreign Driving Licences) (Manitoba) Order 2014 (S.I. No. 118 of 2015).

E283
Power pursuant to section exercised (16.09.2014) by Road Traffic (Recognition of Foreign Driving Licences) (Ontario) Order 2014 (S.I. No. 413 of 2014).

E284
Power pursuant to section exercised (12.08.2010) by Road Traffic (Recognition of Foreign Driving Licences – New Zealand and Taiwan) Order 2010 (S.I. No. 402 of 2010).

E285
The section heading is taken from the amending provision in the absence of one included in the amendment.

E286
Power pursuant to section exercised (18.07.2007) by Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007).

E287
Previous affecting provision: power pursuant to section exercised (22.04.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) Order 2022 (S.I. No. 192 of 2022); revoked (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022), art. 2.

Section 23B
F55[

Recognition of foreign driving licences held by certain persons

23B.—(1) The Minister, after consultation with the Minister for Justice, may by order declare that a licence or permit permitting a relevant person to drive a mechanically propelled vehicle, not being a licence or permit to enable that relevant person to learn or provisionally to drive such a vehicle, issued by the competent authority of a relevant state, shall be recognised for the purpose of use in the State in respect of any one or more of the categories in respect of which the licence or permit issued to a relevant person is held, and subject to such restrictions, if any, as may be specified in the order.

(2) In this section, “relevant state” means a state other than the State or a Member State or member state of the European Economic Area.]

Annotations

Amendments:

F55
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(b), (S.I. No. 390 of 2022).

Editorial Notes:

E288
Power pursuant to section exercised (2.09.2022) by Road Traffic (Recognition of Foreign Driving Licences Held by Relevant Persons) (Ukraine) Order 2022 (S.I. No. 434 of 2022).

Section 24
Signing of driving licence by grantee thereof.

24.—F56[…]

Annotations

Amendments:

F56
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.

Section 25
Period during which driving licence has effect.

25.—F57[…]

Annotations

Amendments:

F57
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.

Section 26

Consequential disqualification orders.

F58[26.—(1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order (“consequential disqualification order”) declaring him or her to be disqualified for holding a driving licence.

(2) Subject to subsection (3), a consequential disqualification order operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he or she has produced to the F59[…] licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.

(3) A consequential disqualification order resulting from a conviction for an offence under—

(a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or

(b) section 106, where—

(i) the offence involved a contravention of F60[paragraph (a), (aa) or (b)] of subsection (1) of that section,

(ii) injury was caused to a person,

(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and

(iv) the convicted person was the driver of the vehicle concerned,

operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) had been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the F59[…] licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.

(4) (a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section,

(ii) section 5(1) of the Road Traffic Act 2010,

(iii) section 52 or 53, tried on indictment,

(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,

F61[(v) section 12, 13B, 14 or 17A of the Road Traffic Act 2010, or]

(vi) section 138(3) of the Railway Safety Act 2005, tried on indictment,

be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.

(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be—

(i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and

(ii) in the case of—

(I) a second or subsequent offence under that section, or

F62[(II) a first offence under that section, where the person has been previously convicted of an offence under the other section,]

not less than the appropriate period specified in column (4) of that Table.

F63[(ba) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1A) of that section or an offence under subsection (1A) of section 5 of that Act, be—

(i) not less than 1 year, in the case of a first offence under the section concerned, and

(ii) not less than 2 years, in the case of—

(I) a second or subsequent offence under the same section, or

(II) a first offence under that section, where the person has been previously convicted of an offence under the other section.]

(i) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and

(ii) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.

TABLE

Reference Number

Concentration of alcohol

First offence under the section concerned

F64[Second or any subsequent offence under the same section or first offence where previously convicted under the other section]

(1)

(2)

(3)

(4)

(a) Not exceeding 80 milligrammes of alcohol per 100 millilitres of blood;

(b) Not exceeding 107 milligrammes of alcohol per 100 millilitres of urine;

6 months

1 year

(a) Exceeding 80 milligrammes but not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 107 milligrammes but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine;

1 year

2 years

(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

2 years

4 years

(a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

3 years

6 years

(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.

(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—

(i) decline to make a consequential disqualification order, or

(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.

(6) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.

(7) Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 (“the former section”) whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010 and is subsequently convicted of one or more offences under any other of those sections (“the latter section”) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.

(8) Where a person is convicted of an offence (“the latter conviction”) under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010, and

(a) the conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction for an offence under the same section, and

(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction,

the court may, for the purposes of this section, deal with the later conviction as a first conviction.

(9) Subject to subsections (10) and (11), in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(10) A consequential disqualification order shall not be annulled on appeal unless—

(a) the conviction by reference to which it was imposed is reversed, or

(b) the provisions of subsection (5)(b) apply.

(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply. ]

Annotations

Amendments:

F58
Substituted (28.11.2011) by Road Traffic Act 2010 (25/2010), s. 65(1), S.I. No. 543 of 2011.

F59
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(i), S.I. No. 5 of 2013.

F60
Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(b), commenced on enactment.

F61
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(a), S.I. No. 129 of 2017.

F62
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(ii), S.I. No. 5 of 2013.

F63
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(b), S.I. No. 129 of 2017.

F64
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(iii), S.I. No. 5 of 2013.

Modifications (not altering text):

C24
Application of section extended by Road Traffic Act 2010 (25/2010), s. 65(4) as inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.

Consequential disqualification orders.

65.— …

(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—

(a) the reference to section 4 of the Road Traffic Act 2010 in—

(i) paragraph 4 of the Second Schedule to, and

(ii) section 26(4)(a)(i) and 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,

(b) the reference to section 5 of the Road Traffic Act 2010 in—

(i) paragraph 5 of the Second Schedule to, and

(ii) section 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,

(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,

(d) the reference to section 12 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and

(e) the reference to section 14 of the Road Traffic Act 2010 in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.

C25
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E289
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 44 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg 1(2).

E290
Previous affecting provision: subs. (4)(a)(v) substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(a), S.I. No. 535 of 2014; substituted as per F-note above.

E291
Previous affecting provision: section amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 6(1)(a) to (e), S.I. No. 86 of 2007.

E292
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19, in effect as per art. 2; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), in effect as per reg. 2, as per C-note above.

E293
Previous affecting provision: subss. (3) and (4) substituted (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 2, commenced on enactment.

E294
Previous affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 26, S.I. No. 350 of 1994.

E295
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E296
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per E-note above.

E297
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E298
Previous affecting provision: section amended (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(4), commenced on enactment; amended as per above E-note.

E299
Previous affecting provision: section amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 25, S.I. No. 192 of 1978; amended as per above F-notes.

E300
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 27

Ancillary disqualification orders.

27.—(1) (a) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence.

(b) A disqualification under this subsection—

(i) shall disqualify the convicted person either for holding any driving licence whatsoever or for holding a driving licence in respect of a class or classes of mechanically propelled vehicles, and

(ii) shall so disqualify him during a specified period or during a specified period and thereafter until he has produced to the F65[…] licensing authority a certificate of competency or a certificate of fitness or both.

(2) Subject to subsection (3) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an ancillary disqualification order may be made, jurisdiction to make, confirm, annul or vary an ancillary disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(3) Where an ancillary disqualification order is, on an appeal, made or varied, the requirements of paragraph (b) of subsection (1) of this section shall be complied with.

(4) An ancillary disqualification order shall be subject to appeal notwithstanding that an appeal is not taken against the relevant conviction.

Annotations

Amendments:

F65
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(d), S.I. No. 5 of 2013.

Modifications (not altering text):

C26
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E301
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 45 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E302
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E303
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E304
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E305
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E306
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 28

Special disqualification orders.

28.—(1) Where an officer of the Garda Síochána F66[or appropriate licensing authority] has reasonable grounds for believing that a person who is the holder of a driving licence is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer F66[or licensing authority] may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection, and if the Justice is satisfied that such person is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F67[licensing authority] a certificate of fitness.

(2) Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is incompetent to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection in respect of such person, and if the Justice is satisfied that such person is incompetent to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F67[licensing authority] a certificate of competency.

(3) An order shall not be made under this section in respect of a person unless not less than ten days’ previous notice in writing of the application for the order has been given to him.

(4) A person who is aggrieved by a special disqualification order made in respect of him may appeal to the Circuit Court.

(5) Orders made under this section are referred to in this Act as special disqualification orders.

Annotations

Amendments:

F66
Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(c), S.I. No. 222 of 1994.

F67
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(e), S.I. No. 5 of 2013.

Modifications (not altering text):

C27
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Editorial Notes:

E307
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 46 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E308
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E309
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E310
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E311
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E312
Previous affecting provision: application of subss. (1) and (3)-(5) extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 29

Removal of disqualification under consequential or ancillary disqualification order.

F68[29.—(1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

F69[(4) Where a court considers it to be appropriate the court may—

(a) confirm the period specified in the order of disqualification, or

(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.]

(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section “disqualification order” means a consequential or an ancillary disqualification order.]

Annotations

Amendments:

F68
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 7, S.I. No. 86 of 2007.

F69
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 67(1), S.I. No. 255 of 2011.

Modifications (not altering text):

C28
Prospective affecting provision: reference to “the Superintendent of the Garda Síochána for the district” construed by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 10(a), (b)(i), not commenced as of date of revision.

Construction of references in certain enactments

10. (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—

(a) to a Garda district or a Garda Síochána district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and

(b) to—

(i) the superintendent of the Garda Síochána for the district,

(ii) the superintendent of the Garda Síochána of the district,

(iii) the superintendent in the Garda Síochána district,

(iv) the superintendent of the Garda Síochána within whose district, (v) the superintendent in charge of the Garda Síochána district, or

(vi) the superintendent of the district,

shall be construed as a reference to a superintendent of the Garda Síochána in the equivalent division.

…

C29
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E313
Procedure on removal of disqualification under subs. (1) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 48, as substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(q), in effect as per reg. 1(2).

E314
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E315
Previous affecting provision: application of section transitionally modified (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment. S. 3 only applied to offences committed on or after the 2.12.1994 and before the passing of the Road Traffic Act 1995.

E316
Previous affecting provision: subs. (1A) inserted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 27, S.I. No. 350 of 1994. Section substituted as per above F-note.

E317
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E318
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E319
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E320
Previous affecting provision: subs. (1) substituted and subs. (8) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 19, S.I. No. 169 of 1968. Section substituted as per above F-note.

E321
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 30

Operation of disqualification order.

F70[30.—F71[(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and—

(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,

(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) apply, those Regulations do not apply to that licence, or

(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.]

(2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed.

(3) (a) Save as provided by paragraphs (b) to (e) of this subsection—

(i) a special disqualification order shall come into operation immediately it is made and a consequential or ancillary disqualification order shall come into operation on the fifteenth day after it is made,

(ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed.

(b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal.

(c) Where a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, notice of which is lodged within fourteen days of the making of the order, and the convicted person has duly entered into a recognisance to prosecute the appeal, the operation of the order shall stand suspended pending the appeal.

(d) When making, confirming or varying a consequential or ancillary disqualification order the court may, at its discretion but subject to paragraph (e) of this subsection, postpone the operation of the order for a period not exceeding six months.

(e) A Court shall not postpone under paragraph (d) of this subsection the operation of a consequential or ancillary disqualification order unless it is satisfied that a special reason (which it shall specify when postponing the operation of the order) relating to his personal circumstances (including the nature of his employment) has been proved by the convicted person to exist in his particular case.

(4) Where—

(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,

(b) the operation of the order stands suspended pending the appeal, and

the suspension of the operation of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day.

(5) Where—

(a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal,

(b) the operation of the order stands suspended pending the appeal, and

the period of disqualification shall begin on the day on which the appropriate order of the appellate court is made, save in a case where the operation of the consequential or ancillary disqualification order is postponed under paragraph (d) of subsection (3) of this section.

(6) Where—

(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the F72[…] licensing authority a certificate of competency or fitness, and

(b) such person produces to that authority such certificate,

the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.]

Annotations

Amendments:

F70
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 20, S.I. No. 169 of 1968.

F71
Substituted (28.11.11) by Road Traffic Act 2010 (25/2010), s. 64(1), S.I. No. 543 of 2011.

F72
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(f), S.I. No. 5 of 2013.

Editorial Notes:

E322
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E323
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E324
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E325
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E326
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 31

Disqualifications related to age.

31.—(1) A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.

(2) The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.

(3) A person who has not attained an age specified in regulations under subsection (2) of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age.

Annotations

Modifications (not altering text):

C30
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E327
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 31. These statutory instruments are not separately listed under this section.

E328
Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E329
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E330
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E331
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E332
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E333
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 32

Disqualification on grounds of health.

32.—(1) This section applies to a person suffering from any disease or physical or mental disability declared by the Minister by regulations to be a disease or disability such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever.

(2) A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability.

Annotations

Modifications (not altering text):

C31
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E334
Diseases and disabilities for purpose of subs. (1) listed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 33 and sch. 2.

E335
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E336
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E337
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E338
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E339
Previous affecting provision: power pursuant to section exercised (3.11.1986) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1986 (S.I. No. 340 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E340
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

Section 33

Certificates of competency.

33.—(1) In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of competency,

(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.

(3) Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—

(a) the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and

(b) the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.

F73[(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—

(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, F74[and]

(b) F75[subject to subsection (3BB), where the vehicle] is a vehicle to which section 18 applies, a test certificate,

for the time being in force, in respect of the vehicle.

F76[(3BB) Where an EU roadworthiness certificate does not have a detachable disc, the proof of test issued by the Member State competent authority or the Member State testing centre concerned for the purposes of Article 10 of the Roadworthiness Directive shall be presented to the issuing authority for the purposes of subsection (3B).]

(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]

(4) On completion of a test under subsection (3) of this section, the issuing authority shall either—

(a) refuse the application, or

(b) F77[where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency] subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—

(i) in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or

(ii) in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.

(5) (a) A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(6) (a) A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(7) Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.

Annotations

Amendments:

F73
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 92, S.I. No. 255 of 2011.

F74
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(g), S.I. No. 5 of 2013.

F75
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(i).

F76
Inserted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(ii).

F77
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 9, S.I. No. 384 of 2006.

F78
Inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.

F79
Inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.

Modifications (not altering text):

C32
Prospective affecting provision: subss. (3D) and (3E) inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.

F78[(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]

C33
Prospective affecting provision: subs. (3A) inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.

F79[(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard.

(b) A person aggrieved by a refusal, in pursuance of paragraph (a) of this subsection, to carry out a test may appeal to a Justice of the District Court having jurisdiction in the place in which the person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the eyesight or corrected eyesight of the applicant complies with the prescribed standard, direct the issuing authority to test or cause to be tested the applicant under subsection (3) of this section.

C34
Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 23, as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011), reg. 2(i), in effect as per reg. 1(2).

Definitions.

3. (1) In these Regulations — …

“Minister” means Minister for Transport;

…

Issuing authority and delegation of functions.

23. (1) The issuing authority for the purposes of section 33 of the Act is the Minister and in this Part “issuing authority” means the Minister.

(2) The functions of the issuing authority under section 33(4) of the Act are delegated to driver testers.

[(3) A driver tester shall meet the minimum standards set out in Schedule 8.

(4) The Road Safety Authority shall oversee implementation of the minimum standards for driver testers set out in Schedule 8 and shall carry out the functions assigned to it by the relevant standards.]

C35
Procedure under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 29.

Deferred decision on application for certificate of competency.

29. (1) In a case where a decision on an application has been deferred under section 33(4) of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.

(2) On receipt of such certificate of fitness, the issuing authority shall, subject to section 33(4), either refuse the application for a certificate of competency or issue a certificate of competency.

C36
Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), arts. 3 and 4.

3. Notwithstanding section 33 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), Regulations under section 42 of that Act may provide that the issuing authority for the purposes of section 33 of that Act shall not test or cause to be tested an applicant for a certificate of competency unless the applicant holds such driving licence or provisional licence as may be specified in the Regulations.

4. Regulations of the type referred to in Article 3 of these Regulations shall have effect in accordance with their terms and subsections (3) and (7) of section 33 and section 42 of the Road Traffic Act, 1961 are hereby amended accordingly.

C37
Limited certificates of competency under subs. (4)(b)(ii) provided (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(1), S.I. No. 139 of 1969.

Limited certificates of competency for special cases.

22.—(1) Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class.

…

Editorial Notes:

E341
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 33. These statutory instruments are not separately listed under this section.

E342
Test for purposes of subs. (4) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 26(1).

E343
Procedure in relation to appeals under subss. (5) and (6) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 30.

E344
Endorsements and disqualifications under section provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), part 9 (regs. 42-52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).

E345
Previous affecting provision: power pursuant to this section and s. 5 exercised (31.10.1980) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1980 (S.I. No. 334 of 1980); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E346
Previous affecting provision: issuing authority specified and powers of issuing authority modified and procedure under section provided (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 25, 28, 31 and 32; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 34

Certificates of fitness.

34.—(1) In this section—

“the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section;

“relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person’s physical and mental condition in the case of an application for that certificate of fitness.

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of fitness,

(b) where under the regulations under this Act an application by him for a F80[Irish driving licence] is required to be accompanied by a certificate of fitness.

(3) A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition.

(4) Where—

(a) an application is duly made under this section to the issuing authority, and

(b) the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection (3) of this section,

the issuing authority shall, after consideration of the application and report, either—

(i) refuse the application, or

(ii) issue a certificate (in this Act referred to as a certificate of fitness) certifying—

(I) in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or

(II) in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency.

(5) (a) A person aggrieved by a decision under subsection (4) of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

Annotations

Amendments:

F80
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(3), S.I. No. 255 of 2011.

Modifications (not altering text):

C38
Term “registered medical practitioner” construed (13.02.2008 and 3.07.2008) by Medical Practitioners Act 2007 (25/2007), ss. 2 and 108(1), S.I. Nos. 24 and 231 of 2008.

Interpretation.

2.— In this Act, except where the context otherwise requires— …

“registered medical practitioner” means a medical practitioner whose name is entered in the register;

…

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2 .

…

C39
Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 34.

Definitions.

3. (1) In these Regulations — …

“Minister” means Minister for Transport;

…

Issuing authority and delegation of functions under section 34 of Act.

34. (1) The issuing authority for the purposes of section 34 of the Act is the Minister.

(2) The functions of the Minister as the issuing authority under section 34(4) of the Act are delegated to such officer or officers of the Minister as he or she specifies. Any such officer so specified shall, for the purpose of the performance of such functions, be known as an issuing officer.

C40
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E347
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 34. These statutory instruments are not separately listed under this section.

E348
Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E349
Form for medical report under section and period for purposes of subs. (3) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 37 and sch. 1 forms D.501, D.502 D.503, as last amended (29.10.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 (S.I. No. 420 of 2013), reg. 3(o)(i).

E350
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E351
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E352
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E353
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E354
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E355
Previous affecting provision: issuing authority specified and powers of issuing authority modified (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 34 and 35; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 35

Provisional licence.

F81[35.—(1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit (“learner permit”) licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be—

(a) made to the licensing authority F82[…],

(b) in accordance with the regulations under section 42, and

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under—

(a) section 38(2), it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,

(b) section 38(4), it is a defence for the defendant to show that the person employed to drive the vehicle held, at the time he or she drove the vehicle, a learner permit then having effect and permitting him or her to drive the vehicle,

(c) section 40, it is a defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he or she produced a learner permit having effect at the material time and permitting him or her to drive the vehicle and that he or she permitted the member of the Garda Síochána to whom it was produced to read it.

(6) Sections 22(2), (4) and (5), 26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where—

(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the F82[…] licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with section 35,

(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with section 35, and

(c) a holder of a learner permit in respect of a vehicle of any category for a period has been granted a certificate of competency in respect of such category he or she shall not, by virtue of the application of section 22(5), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which or part of which is within that period.]

Annotations

Amendments:

F81
Substituted (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(1), S.I. No. 718 of 2007.

F82
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(h), S.I. No. 5 of 2013.

Editorial Notes:

E356
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 35. These statutory instruments are not separately listed under this section.

E357
Previous affecting provision: subs. (3) amended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(2), S.I. No. 350 of 1994; amended section substituted as per F-note above.

Section 35A
F83[

Offences by owner of mechanically propelled vehicle driven by another person

35A. (1) An owner of a mechanically propelled vehicle shall be guilty of an offence where a person, not being that owner, drives the vehicle in a public place at a time that the person—

(a) is not the holder of a driving licence or learner permit for the category of vehicle concerned, or

(b) is the holder of a learner permit for a vehicle of a category specified in clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) and is not driving the vehicle in accordance with that clause.

(2) It shall be a defence to proceedings for an offence under this section for the owner of a mechanically propelled vehicle to show—

(a) that the vehicle was used or taken possession of without his or her consent,

(b) in the case of proceedings for an offence under paragraph (a) of subsection (1), that prior to the driving of the vehicle in a public place he or she took all reasonable steps to satisfy himself or herself that the person held a driving licence or learner permit, as the case may be, or

(c) in the case of proceedings for an offence under paragraph (b) of subsection (1), that he or she took all reasonable steps to satisfy himself or herself that the person would be driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a class D fine.]

Annotations

Amendments:

F83
Inserted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 5(a), S.I. No. 538 of 2018. A class D fine means a fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(1), S.I. No. 662 of 2010.

Editorial Notes:

E358
Previous affecting provision: section inserted by Road Traffic Act 2016 (21/2016), s. 39, not commenced; s. 39 repealed (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 1, S.I. No. 538 of 2018.

Section 36

Order for endorsement in case of conviction, disqualification order or removal of disqualification.

36.—(1) F84[…]

(2) F85[…]

(3) (a) Where a person is convicted of an offence and a consequential or ancillary disqualification order is made by the court on his conviction, the court shall by order direct particulars of F86[…] the disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a consequential or ancillary disqualification order is suspended F87[…] pending an appeal, the relevant order under this subsection shall also stand suspended F87[…], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F87[…] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential or ancillary disqualification order was made and in the case of an appeal under subsection (4) of section 27 of this Act, jurisdiction to make, confirm or annul an order made under paragraph (a) of this subsection is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing, and the appellate court shall—

(i) where it makes a disqualification order and in consequence makes an order under paragraph (a) of this subsection, annul the order previously made under that paragraph,

(ii) where it confirms the disqualification order, confirm the order made under paragraph (a) of this subsection,

(iii) where it annuls the disqualification order, annul the order made under paragraph (a) of this subsection,

(iv) where it varies the disqualification order, annul the order previously made under paragraph (a) of this subsection and by a new order direct particulars F86[…] of the disqualification order (as varied) to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(4) (a) Where a special disqualification order is made in relation to any person, the court shall by order direct particulars of the special disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a special disqualification order is suspended F87[…] pending an appeal, the relevant order under this subsection shall also stand suspended F87[…], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F87[…] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) Where an appeal is taken in a case in which an order has been made under this subsection, the Circuit Court shall (as may be appropriate)—

(i) annul such order, or

(ii) annul such order and make an order under this subsection.

(5) Where a disqualification is removed under section 29 of this Act, the court shall by order direct particulars of the removal to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

F88[(6) In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.

(7) Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) or (4) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.

F89[(8) The Courts Service shall inform the Minister of an order made—

(a) under subsection (3) or (4) of this section,

(b) suspending or postponing an order under either of those subsections, or

(9) In this section, “entry” has the meaning assigned to it by the Road Traffic Act, 2002.]

Annotations

Amendments:

F84
Repealed (31.10.2002, 1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 1.02.2013) by Road Traffic Act 2002 (12/2002), s. 25(2), commenced in stages by S.I. No. 491 of 2002, art. 2(1)(b), S.I. No. 214 of 2003, art. 3(c), S.I. No. 321 of 2003, art. 3(c), S.I. No. 248 of 2004, art. 3(b), S.I. No. 134 of 2006, art. 3(d), S.I. No. 443 of 2006, art. 2(c), S.I. No. 149 of 2009, art. 2(b)(ii) and S.I. No. 296 of 2012, art. 2(b)(ii) and S.I. No. 12 of 2013, art. 2(c). S. 25(2) states: (2) Subsections (1) and (2) of section 36 … are repealed as respects offences committed after the commencement of this section.

F85
Repealed (31.10.2002, 1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 1.02.2013) by Road Traffic Act 2002 (12/2002), s. 25(2), commenced in stages by S.I. No. 491 of 2002, art. 2(1)(b), S.I. No. 214 of 2003, art. 3(c), S.I. No. 321 of 2003, art. 3(c), S.I. No. 248 of 2004, art. 3(b), S.I. No. 134 of 2006, art. 3(d), S.I. No. 443 of 2006, art. 2(c), S.I. No. 149 of 2009, art. 2(b)(ii) and S.I. No. 296 of 2012, art. 2(b)(ii) and S.I. No. 12 of 2013, art. 2(c). S. 25(2) states: (2) Subsections (1) and (2) of section 36 … are repealed as respects offences committed after the commencement of this section.

F86
Deleted (22.06.2015) by Road Traffic Act 2014 (3/2014), s. 6(b)(i) and (ii), S.I. No. 252 of 2015.

F87
Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F88
Inserted (1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009) by Road Traffic Act 2002 (12/2002), s. 8(b), partially commenced by S.I. No. 214 of 2003, S.I. No. 321 of 2003, S.I. No. 248 of 2004, S.I. No. 134 of 2006, S.I. No. 443 of 2006, S.I. No. 149 of 2009.

F89
Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 24, S.I. No. 26 of 2005.

Modifications (not altering text):

C41
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

C42
Application and construction of section modified (31.05.2006) by Road Safety Authority Act 2006 (14/2006), s. 4(2), commenced on enactment.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

…

C43
Construction of section modified (1.06.2003, 25.08.2003, 4.06.2004, 3.04.2006, 1.09.2006, 1.05.2009, 10.01.2013) by Road Traffic Act 2002 (12/2002), s. 8(a), commenced by S.I. No. 214 of 2003, S.I. No. 321 of 2003, S.I. No. 248 of 2004, S.I. No. 134 of 2006, S.I. No. 443 of 2006, S.I. No. 149 of 2009 and S.I. No. 12 of 2013.

Endorsement of certain convictions and disqualifications on entries.

8.—For the purpose of enabling the convictions and the disqualification orders referred to in subsections (3) and (4) of section 36 of the Principal Act to be endorsed on the entries of those concerned in lieu of being endorsed on the licences held by them, the following amendments of the said section 36 are made as respects such convictions occurring, and such orders made, after the commencement of this section—

(a) the references in those subsections to an order directing particulars of a conviction or of a disqualification order to be endorsed on the licence held by a person or, if the person is not the holder of a licence but subsequently a licence is granted to him or her, on that licence are construed as references to an order directing that those particulars be endorsed on the entry then existing or subsequently made in relation to the person, and

…

Editorial Notes:

E359
Ministerial functions under subss. (6)-(8) conferred on Road Safety Authority (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E360
Previous affecting provision: procedure for purposes of subss. (1) and (2) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 47; deleted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(s), in effect as per reg. 1(2).

E361
Previous affecting provision: conditions for cancellation of endorsement under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 46(5)(b); regulation substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(p), in effect as per reg. 1(2).

E362
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E363
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E364
Previous affecting provision: subs. (1) amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(d), S.I. No. 222 of 1994. Section amended as per above F-notes.

E365
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E366
Previous affecting provision: application of section not restricted (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 48, S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E367
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E368
Previous affecting provision: section amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Section amended as per above F-notes.

E369
Previous affecting provision: application of section modified (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 18 and 45-48; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 37
Transfer of endorsement to new licence.

37.—F90[…]

Annotations

Amendments:

F90
Repealed (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 51, S.I. No. 5 of 2013.

Editorial Notes:

E370
Previous affecting provision: application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

E371
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E372
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E373
Previous affecting provision: subs. (2)(a)(i) amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(e), S.I. No. 222 of 1994.

E374
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E375
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E376
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 38

Prohibition on driving without driving licence.

38.—(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

F91[(2) (a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—

(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than 12 months before the commission of the offence, to a fine not exceeding €1,000, and

(ii) in any other case, to a fine not exceeding €2,000.]

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(3) The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(4) (a) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

F91[(5) A person—

(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in subsection (2)(a), or

(b) who is summarily convicted of the offence of contravening subsection (3) in a case in which the person employed to drive the vehicle was at the time he or she drove the vehicle—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in section 102,

is liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.]

(6) Subsections (1) to (5) of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.

(7) Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections (1) to (5) of this section and sections 40 and 41 of this Act.

F92[(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—

(a) is committing, or has committed, an offence under subsection (1), and

(b) is disqualified from holding a driving licence.]

F93[(9) In this section, notwithstanding the definition of driving licence in section 3, “driving licence” means —

(a) an Irish driving licence,

(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle,

(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1), or

(d) both—

(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1), and

(ii) the permission to reside given to a relevant person who holds the licence or permit referred to in subparagraph (i).]

Annotations

Amendments:

F91
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 12, S.I. No. 384 of 2006. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,000 translates into a class C fine not exceeding €2,500 (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €5,000 translates into a class A fine, not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

F92
Inserted (22.06.2015) by Road traffic Act 2014 (3/2014), s. 6(c), S.I. No. 252 of 2015.

F93
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022) s. 46(c), S.I. No. 390 of 2022.

Modifications (not altering text):

C44
Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

8. The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

C45
Application of section modified (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 9(1).

Driving Licence or Permit.

9. (1) A visitor who is for the time being the holder of a driving permit may drive in a public place a vehicle which he is licensed by the driving permit to drive, other than a vehicle of a category in respect of which he is disqualified for holding a driving licence, and section 38 of the Road Traffic Act, 1961, shall be modified accordingly.

…

Editorial Notes:

E377
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 38. These statutory instruments are not separately listed under this section.

E378
Prospective affecting provision: penalty points in respect of driving without a licence under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 4, not commenced as of date of revision.

E379
Licence limited to specified vehicle type for purpose of section (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(2), S.I. No. 139 of 1969.

E380
Previous affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 5, S.I. No. 491 of 2002; subsection substituted as per F-note above.

E381
Previous affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 2, commenced on enactment. Fine increased as per E-note above.

E382
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3; and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E383
Previous affecting provision: application of subss. (1)-(5) restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E384
Previous affecting provision: application of section modified by Mechanically Propelled Vehicles (International Circulation) Order 1961 (S.I. No. 269 of 1961), art. 14(1); as substituted (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964), art. 4. Mechanically Propelled Vehicles (International Circulation) Order 1961 revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 39

Prohibition on applying for driving licence when disqualified.

F94[39.—(1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.]

Annotations

Amendments:

F94
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 58, S.I. No. 255 of 2011.

Modifications (not altering text):

C46
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E385
Prospective affecting provision: penalty points in respect of applying for a licence while disqualified for so applying under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 5, not commenced as of date of revision.

E386
Previous affecting provision: fine in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 5, S.I. No. 86 of 2007. Section substituted as per F-note above.

E387
Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1, ref. no. 6, S.I. No. 491 of 2002. Fine increased as per E-note above.

E388
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E389
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E390
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E391
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E392
Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 3, commenced on enactment. Fine increased as per E-note above.

E393
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 40
Production of driving licence on demand by member of Garda Síochána.

F95[40.—(1) A member of the Garda Síochána may demand of a person—

(a) driving in a public place a mechanically propelled vehicle, or

(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,

the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.

(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.

F96[(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence.]

(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

(c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.

(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, he or she commits an offence.

F97[(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.]

(7) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

F98[(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda Síochána under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.]

(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.

F99[(9) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]]

F100[(10) In this section “driving licence” has the meaning given to it by section 38(9).]

Annotations

Amendments:

F95
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(1), S.I. No. 255 of 2011.

F96
Substituted (28.10.2011) by Road Traffic (No. 2 ) Act 2011 (28/2011), s. 2(a), S.I. No. 542 of 2011.

F97
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(b), S.I. No. 542 of 2011.

F98
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(c), S.I. No. 542 of 2011.

F99
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(d), S. I. No. 542 of 2011.

F100
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(d), S.I. No. 390 of 2022.

Modifications (not altering text):

C47
Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

Editorial Notes:

E394
Prospective affecting provision: penalty points in respect of failure to produce a licence to member of Garda Síochána under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 6, not commenced as of date of revision.

E395
Procedure prescribed by Road Traffic Act 2010 (25/2010), ss. 8 and 60(1), S.I. No. 543 of 2011, s. 8 as substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.

E396
Previous affecting provision: subss. (1), (1A) amended (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 13, S.I. No. 718 of 2007; subss. (1), (1A) substituted as per F-note above and s. 13 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(c), S.I. No. 255 of 2011.

E397
Previous affecting provision: subss. (1A), (1B) inserted (1.01.2003) by Road Traffic Act 2002 (12/2002), s. 18, S.I. No. 598 of 2002; superseded as per F-note above and s. 18 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(b), S.I. No. 255 of 2011.

E398
Previous affecting provision: section substituted (1.01.2003) by Road Traffic Act 1994 (7/1994), s. 25, S.I. No. 597 of 2002; superseded as per F-note above and s. 25 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(a), S.I. No. 255 of 2011.

E399
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E400
Previous affecting provision: subs. (5) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

E401
Previous affecting provision: application of section restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 41
Writing of signature on demand by member of Garda Síochána.

41.—(1) A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection (2) of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.

(2) The condition referred to in subsection (1) of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees.

Annotations

Modifications (not altering text):

C48
Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

C49
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

Editorial Notes:

E402
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E403
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E404
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E405
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E406
Previous affecting provision: application of section restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E407
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

Section 42

Regulations under Part III.

F101[42.—(1) In this section “licence” means a driving licence or learner permit.

(2) The Minister may make regulations to provide for all or any of the following:

(a) the categorization for the purposes of this Part of mechanically propelled vehicles;

(b) the form of driving licences and learner permits;

(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;

(d) the surrender of licences;

(e) the securing that licences for a category are not issued to persons already holding licences for such category;

(f) the issue by F102[the licensing authority] of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;

(g) F103[…]

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of F104[the licensing authority] with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;

(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;

(j) the period during which a learner permit is to remain in force;

(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;

(l) the issue of licences by officers of any Minister of the Government or the F105[…] licensing authority;

(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;

(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence F106[and the disposal of such fees].

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;

(g) the persons by whom further tests directed under section 33(6) are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);

(n) the minimum period which has to elapse, following the granting of a learner permit and in circumstances as may be prescribed, during which the holder of the licence may not apply for a certificate of competency.

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may F107[…] provide for all or any of the following matters:

(a) the production of licences in court;

(b) the effecting of endorsements ordered under section 36;

(c) the transmission of licences by the court to F108[the licensing authority] to be retained F109[…] until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to F108[the licensing authority] of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36.

(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

F110[(5A) Regulations under this section which provide for the payment of fees may provide for the method by which fees are to be paid and for a combination of fees separately payable to be paid together as one fee. ]

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation is guilty of an offence. ]

Annotations

Amendments:

F101
Substituted (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 10, S.I. No. 718 of 2007.

F102
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(I), S.I. No. 5 of 2013.

F103
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(II), S.I. No. 5 of 2013.

F104
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(III), S.I. No. 5 of 2013.

F105
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(i)(IV), S.I. No. 5 of 2013.

F106
Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(2)(a), commenced on enactment.

F107
Deleted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(2)(b), commenced on enactment.

F108
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(ii), (iii), S.I. No. 5 of 2013.

F109
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(ii), S.I. No. 5 of 2013.

F110
Inserted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(i)(iv), S.I. No. 5 of 2013.

F111
Substituted by Road traffic Act 2014, (3/2014), s. 6(d), not commenced as of date of revision.

Modifications (not altering text):

C50
Prospective affecting provision: subs. (3)(h) substituted by Road Traffic Act 2014 (3/2014), s. 6(d), not commenced as of date of revision.

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters: …

(h) F111[the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;]

…

C51
Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), regs. 3 and 4.

Editorial Notes:

E408
Certain offences under section and regulations made under section and ss. 5(1), 23(2), 31(2), 34, 38(1) designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(b) and sch. 2 item 2, 4(d) and sch. 4, part 1, item 2, in effect as per reg. 1(2).

E409
Power pursuant to section, ss. 5 and 23(2) exercised (22.04.2022) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2022 (S.I. No. 193 of 2022).

E410
Power pursuant to section, ss. 5 and 23(2) exercised (21.02.2022) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2022 (S.I. No. 53 of 2022), in effect as per reg. 1(2).

E411
Power pursuant to section and s. 5(1) exercised (24.06.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2021 (S.I. No. 303 of 2021).

E412
Power pursuant to section and s. 5(1) exercised (11.01.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 11) Regulations 2020 (S.I. No. 7 of 2021).

E413
Power pursuant to subs. (2)(b) and s. 5(1) exercised (23.12.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 11) Regulations 2020 (S.I. No. 684 of 2020), in effect as per reg. 1(2).

E414
Power pursuant to subs. (3)(c) and s. 5(1) exercised (30.11.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 10) Regulations 2020 (S.I. No. 546 of 2020), in effect as per reg. 1(2).

E415
Power pursuant to subss. (2)(b), (c), (f), ss. 5(1) and 23(2) exercised (9.11.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 9) Regulations 2020 (S.I. No. 508 of 2020), in effect as per reg. 1(2).

E416
Power pursuant to subs. (2) and s. 5(1) exercised (1.11.2020 and 7.02.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 8) Regulations 2020 (S.I. No. 489 of 2020), in effect as per regs. 1(2), (3).

E417
Power pursuant to section exercised (29.07.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 6) Regulations 2020 (S.I. No. 265 of 2020).

E418
Power pursuant to subs. (3)(j) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2020 (S.I. No. 126 of 2020).

E419
Power pursuant to section exercised (21.01.2019) by Road Traffic (Courses Of Instruction) (Learner Permit Holders) (Amendment) Regulations 2019 (S.I. No. 9 of 2019), in effect as per reg. 1(2).

E420
Power pursuant to subs. (2) exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Motorcycles) (Amendment) Regulations 2018 (S.I. No. 433 of 2018), in effect as per reg. 1(2).

E421
Power pursuant to subs. (2) exercised (19.07.2018) by European Union (Licensing of Drivers) Regulations 2018 (S.I. No. 270 of 2018).

E422
Power pursuant to subs. (2)(c) exercised (9.04.2018) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2018 (S.I. No. 98 of 2018), in effect as per reg. 1(2).

E423
Power pursuant to section exercised (1.01.2017) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2016 (S.I. No. 656 of 2016), in effect as per reg. 1(2).

E424
Power pursuant to subs. (2)(c) exercised (12.08.2016) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2016 (S.I. No. 447 of 2016), in effect as per reg. 1(2).

E425
Power pursuant to section exercised (31.05.2015) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2015 (S.I. No. 242 of 2015), in effect as per reg. 1(2).

E426
Offence under section for a contravention of sub-article (2) or (3) of Article 3 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000), declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(a)(i).

E427
Offence under subs. (6) for a contravention of Regulation 17(6)(b)(iii) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(iii).

E428
Power pursuant to section and s. 5(1) exercised (7.08.2014) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2014 (S.I. No. 381 of 2014).

E429
Power pursuant to section and s. 5(1) exercised (8.07.2014) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2014 (S.I. No. 326 of 2014).

E430
Power pursuant to section and s. 5(1) exercised (30.11.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2013 ( S.I. No. 467 of 2013).

E431
Power pursuant to section and ss. 5(1) and 23(2) exercised (29.10.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 (S.I. No. 420 of 2013).

E432
Power pursuant to section and s. 5(1) exercised (1.07.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2013 (S.I. No. 234 of 2013).

E433
Power pursuant to subs. (3)(n) exercised (12.03.2013) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2013 (S.I. No. 86 of 2013).

E434
Power pursuant to section and ss. 5(1), 23(2) and 31(2) exercised (19.01.2013 other than reg. 3(b)) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013).

E435
Power pursuant to section and s. 5(1) exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2012 (S.I. No. 330 of 2012).

E436
Power pursuant to section exercised (1.01.2013) by Road Traffic (Licensing of Drivers) (Fees) Regulations 2012 (S.I. No. 559 of 2012).

E437
Power pursuant to section and ss. 5(1), 23(2), 31(2) and 34 exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E438
Power pursuant to subs. (2)(m)-(o) exercised (10.1.2012) by Road Traffic (Courses of Instruction) (Learner Permit Holders) (Amendment) Regulations 2012 (S.I. No. 4 of 2012).

E439
Power pursuant to subs. (3)(n) exercised (10.1.2012) by Road Traffic (Licensing of Learner Drivers) (Certificate of Competency) (Amendment) Regulations 2012 (S.I. No. 3 of 2012).

E440
Power pursuant to subs. (2) exercised (20.12.2011) by Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011 (S.I. No. 681 of 2011).

E441
Power pursuant to subs. (2)(m)-(o) exercised (4.04.2011) by Road Traffic (Courses of Instruction) (Learner Permit Holders) Regulations 2011 (S.I. No. 173 of 2011).

E442
Power pursuant to section exercised (1.02.2011) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2011 (S.I. No. 35 of 2011).

E443
Power pursuant to section exercised (11.11.2010) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 (S.I. No. 544 of 2010).

E444
Power pursuant to subs. (3)(n) exercised (27.10.2010) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2010 (S.I. No. 509 of 2010).

E445
Power pursuant to section exercised (12.08.2010) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2010 (S.I. No. 403 of 2010).

E446
Power pursuant to section exercised (7.04.2009) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2009 (S.I. No. 130 of 2009).

E447
Power pursuant to section exercised (19.11.2008) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2008 (S.I. No. 471 of 2008).

E448
Power pursuant to section exercised (30.10.2007 and 1.12.2007) by Road Traffic (Licensing of Learner Drivers) Regulations 2007 (S.I. No. 719 of 2007).

E449
Power pursuant to section exercised (30.10.2007) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) Regulations 2007 (S.I. No. 725 of 2007), as amended (27.10.2010) by Road Traffic (Licensing of Learner Drivers) (Certificates of Competency) (Amendment) Regulations 2010 (S.I. No. 509 of 2010).

E450
Power pursuant to this section and ss. 5(1), 23(2), 31(2), 34, 38(1) exercised (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).

E451
Power pursuant to this section and ss. 5 and 80 exercised (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992).

E452
Power pursuant to this section and ss. 5 and 33 exercised (4.02.1985) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1985 (S.I. No. 20 of 1985).

E453
Power pursuant to this section and ss. 5 and 33 exercised (1.10.1984) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1984 (S.I. No. 233 of 1984).

E454
Power pursuant to this section and ss. 5, 33 and 35 exercised (27.09.1974) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1974 (S.I. No. 295 of 1974).

E455
Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b), (c) and sch. 2 part 1, sch. 3 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E456
Previous affecting provision: power pursuant to section and s. 5(1) exercised (26.06.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 5) Regulations 2020 (S.I. No. 235 of 2020); revoked (24.06.2021) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2021 (S.I. No. 303 of 2021), reg. 5.

E457
Previous affecting provision: power pursuant to subs. (2) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2020 (S.I. No. 125 of 2020); revoked (26.06.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 5) Regulations 2020 (S.I. No. 235 of 2020), reg. 5.

E458
Previous affecting provision: power pursuant to section exercised (21.01.2019) by Road Traffic (Courses of Instruction) (Learner Permit Holders) (Amendment) Regulations 2018 (S.I. No. 450 of 2018), in effect as per reg. 1(2); revoked (21.01.2019) by Road Traffic (Courses Of Instruction) (Learner Permit Holders) (Amendment) Regulations 2019 (S.I. No. 9 of 2019), reg. 3, in effect as per reg. 1(2).

E459
Previous affecting provision: subs. (2) amended (3.07.2001) by Motor Vehicle (Duties and Licenses) Act 2001 (22/2001), s. 5, commenced on enactment; section substituted as per above F-note.

E460
Previous affecting provision: subs. (4) amended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 28, S.I. No. 350 of 1994; section substituted as per above F-note.

E461
Previous affecting provision: subs. (2) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; section amended as per above F-notes.

E462
Previous affecting provision: power pursuant to section exercised (30.10.2007 for period to 30.06.2008) by Road Traffic (Licensing of Learner Drivers) (No. 2) Regulations 2007 (S.I. No. 724 of 2007).

E463
Previous affecting provision: power pursuant to this section and ss. 5, 31, 34 and 35 exercised (15.11.2004 and 14.02.2005) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004 (S.I. No. 705 of 2004); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(f).

E464
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.2002) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2001 (S.I. No. 516 of 2001); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(d).

E465
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35, 38(7) exercised (25.04.2001) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2001 (S.I. No. 169 of 2001); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(c).

E466
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (23.11.1999) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1999 (S.I. No. 366 of 1999); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(b).

E467
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999); revoked (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a).

E468
Previous affecting provision: power pursuant to this section and ss. 5 , 23(2), 31, 33, 34, 35 and 38(7) exercised (18.12.1997) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1997 (S.I. No. 511 of 1997); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E469
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35, 38(7) exercised (5.11.1996) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1996 (S.I. No. 328 of 1996), revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E470
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.09.1995) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1995 (S.I. No. 217 of 1995); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E471
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.05.1994 and 1.0.1994) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1994 (S.I. No. 56 of 1994); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E472
Previous affecting provision: power pursuant to this section and s. 5 exercised (18.01.1993) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1993 (S.I. No. 5 of 1993); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E473
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.1992) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1991 (S.I. No. 320 of 1991), revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E474
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (1.01.1990) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1989 (S.I. No. 353 of 1989); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E475
Previous affecting provision: power pursuant to this section and ss. 5, 23(2), 31, 33, 34, 35 and 38(7) exercised (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989); revoked (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8.

E476
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (2.11.1987) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1987 (S.I. No. 236 of 1987); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E477
Previous affecting provision: power pursuant to this section and ss. 5, 32 and 34 exercised (3.11.1986) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1986 (S.I. No. 340 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E478
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (3.02.1986) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1986 (S.I. No. 23 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E479
Previous affecting provision: power pursuant to this section and ss. 5 and 35 exercised (12.08.1985) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1985 (S.I. No. 254 of 1985); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E480
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (30.01.1984) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1984 (S.I. No. 18 of 1984); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E481
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.03.1983 and 1.04.1983) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1983 (S.I. No. 49 of 1983); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E482
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.03.1982) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1982 (S.I. No. 27 of 1982); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E483
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (6.08.1981) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1981 (S.I. No. 276 of 1981), revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 60 and sch. 7.

E484
Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 31, 33, 34 and 35 exercised (1.07.1981) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1981 (S.I. No. 198 of 1981); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 61 and sch. 7.

E485
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.08.1980) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1980 (S.I. No. 225 of 1980); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E486
Previous affecting provision: power pursuant to this section and ss. 5, 22, 33 and 35 exercised (16.10.1979) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1979 (S.I. No. 342 of 1979); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E487
Previous affecting provision: power pursuant to this section and ss. 5, 22, 33 and 35 exercised (11.10.1979) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1979 (S.I. No. 337 of 1979); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E488
Previous affecting provision: power pursuant to this section and ss. 5 and 33 exercised (1.12.1975) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1975 (S.I. No. 277 of 1975); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E489
Previous affecting provision: power pursuant to this section and ss. 5, 33 and 35 exercised (27.09.1974) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1974 (S.I. No. 295 of 1974); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 60 and sch. 7.

E490
Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 33, 34 and 35(2) exercised (1.06.1973) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1973 (S.I. No. 120 of 1973); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E491
Previous affecting provision: power pursuant to this section and ss. 5, 33 and 35 exercised (24.07.1969) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1969 (S.I. No. 140 of 1969); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E492
Previous affecting provision: power pursuant to this section and s. 5 exercised (5.05.1967) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1967 (S.I. No. 113 of 1967); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E493
Previous affecting provision: power pursuant to this section and s. 5 exercised (24.01.1967) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1967 (S.I. No. 24 of 1967); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E494
Previous affecting provision: power pursuant to this section and s. 5 exercised (16.05.1966) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1966 (S.I. No. 99 of 1966); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

E495
Previous affecting provision: power pursuant to this section and ss. 5, 33, 34 and 35 exercised (28.02.1966) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 1966 (S.I. No. 47 of 1966); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E496
Previous affecting provision: power pursuant to this section and ss. 5, 22(3), 23(2), 31, 33, 34, 35 and 38(7) exercised (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.

E497
Previous affecting provision: power pursuant to this section and s. 5 exercised (18.03.1964) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1964 (S.I. No. 59 of 1964); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 43

Transitional provisions (Part III).

43.—(1) A licence under Part III of the repealed Act in force at the commencement of this subsection shall be deemed to be a driving licence.

(2) An order under section 30 of the repealed Act in force at the commencement of this subsection shall be deemed to be a consequential disqualification order.

(3) An order under section 31 of the repealed Act in force at the commencement of this subsection shall be deemed to be an ancillary disqualification order.

(4) An order under section 32 of the repealed Act in force at the commencement of this subsection shall be deemed to be a special disqualification order.

(5) If and so long as, section 26 of this Act having come into operation, the repeal by this Act of Part III (other than sections 29 and 30) of the repealed Act has not come into operation, a consequential disqualification order shall be deemed for the purposes of the repealed Act to be a consequential disqualification order under that Act notwithstanding the repeal of section 30 thereof.

(6) If and so long as, section 29 of this Act having come into operation, the repeal by this Act of section 31 of the repealed Act has not come into operation, the said section 29 shall apply to an order under the said section 31.

ROAD TRAFFIC ACT 1968

PART III

Driving Licences

Section 18

Regulations in relation to control of driving instruction.

18.—(1) The Minister may make regulations in relation to the control of the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle.

F6[(1A) (a) In this subsection—

“approval” means a document authorising the holder to issue instruction certificates;

“approved body” means a body that holds an approval;

“driving instruction” means instruction given for reward in or in respect of the driving of a vehicle;

“instruction certificate” means a certificate referred to in paragraph (b)(ii).

(b) Regulations under this section may provide for—

(i) the exemption from the regulations or specified provisions of the regulations of holders of instruction certificates as respects vehicles to which the certificates relate,

(ii) the issue of instruction certificates by an approved body to persons as respects whom the body is satisfied that they are competent, and appropriately qualified, to give driving instruction of a recognised standard specified in the regulations in respect of vehicles or vehicles of a specified class and the inclusion in the certificates of statements to the effect that the body is so satisfied,

(iii) the revocation by an approved body of an instruction certificate issued by it,

(iv) the grant by the Minister of approvals to persons as respects whom the Minister is satisfied that they are competent, and appropriately qualified, to assess the competence and qualifications of persons who apply to them for the issue of instruction certificates,

(v) the attachment of conditions by the Minister to approvals and the revocation or amendment of such conditions,

(vi) notification of the person concerned of a proposal to revoke an approval or instruction certificate, or to revoke or amend conditions of approvals, and of the reasons therefor,

(vii) the making of representations to the Minister or the approved body concerned by the persons affected in relation to proposals referred to in subparagraph (vi) and the consideration of any such representations by the Minister or by the body, as the case may be, before deciding whether to proceed with the proposals,

(viii) appeals to the District Court against a revocation or amendment aforesaid and against refusals to issue an approval or an instruction certificate,

(ix) applications for approvals and the conditions to be complied with by applicants (including conditions relating to competence, standards and qualifications and the payment of fees to the Minister),

(x) the systems to be established by approved bodies for ascertaining and assessing from time to time the competence and standards of holders of instruction certificates, and

(xi) the entry on premises of approved bodies and applicants for approvals at all reasonable times by duly authorised officers of the Minister and the examination and copying by such officers of records and other documents, whether in electronic or other form, kept there and the provision to such officers by such bodies and applicants and their staff of such information as they may reasonably request for the purposes of the functions of the Minister under this subsection. ]

(2) Regulations under this section may, in particular and without any prejudice to the generality of subsection (1), provide for all or any of the following matters:

F7[(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);

(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);

(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;]

(b) the qualifications of licensed driving instructors;

(d) the conduct and duties of licensed driving instructors;

F8[(da) the fitness of applicants for driving instructor licences;]

(e) the keeping and inspection of specified records, the issue of specified certificates and the specifying of the persons by whom such records are to be kept and such certificates are to be issued;

(f) the inspection of courses of instruction given by licensed driving instructors and of vehicles used by them when giving such courses;

(g) the prohibition or the restriction of the giving for reward by a person other than a licensed driving instructor, of instruction in or in respect of the driving of a mechanically propelled vehicle, and the prohibition of a person from employing a driving instructor who is not a licensed driving instructor for the purpose of giving instruction for reward in or in respect of the driving of a mechanically propelled vehicle;

(h) the prohibition of a person other than a licensed driving instructor from holding himself out as a licensed driving instructor, and the prohibition of a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor;

(i) the type of vehicle in which the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle may be carried on, the fittings required to be in or on such a vehicle and the prescribing of any other conditions subject to which such a vehicle may be used for such instruction.

F8[(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;

(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;

(l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;

(m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority;

(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;

(o) matters for the purposes of subsection (8).]

(3) Different regulations may be made under this section in respect of different classes of vehicles and for different circumstances.

(4) A certificate purporting to be issued pursuant to regulations under this section and stating that a specified person was on a specified day the holder of a licence under the regulations shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters so stated.

(5) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(6) Whenever a person (in this subsection referred to as the instructor) is accompanying the holder of a provisional licence (within the meaning of section 35 of the Principal Act) while such holder is driving a mechanically propelled vehicle in a public place, the instructor shall be deemed, in any prosecution for an offence under this section, to be giving for reward instruction in or in respect of the driving of that vehicle until the contrary is shown by the instructor.

F9[(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction—

(a) in the case of a contravention of a regulation—

(i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor, or prohibiting the employment of such a person for the purpose of giving instruction for reward, or

(ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor, or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor,

to a class A fine or to imprisonment for a term not exceeding 3 months or to both, and

(b) in the case of any other failure or contravention, to a class C fine.]

Annotations

Amendments:

F6
Inserted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 19, S.I. No. 134 of 2006.

F7
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 85(a), S.I No. 555 of 2011.

F8
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 85(b), (c), S.I. No. 255 of 2011.

F9
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 5, S.I. No. 542 of 2011. A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

A class C fine means a fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

F10
Inserted by Road Traffic and Road Acts 2023 (16/2023), s. 6(b)(i), not commenced as of date of revision.

F11
Inserted by Road Traffic and Road Acts 2023 (16/2023), s. 6(b)(ii)(I), (II)(C), (V), (VI), (VIII), (X), not commenced as of date of revision.

F12
Substituted by Road Traffic and Road Acts 2023 (16/2023), s. 6(b)(II)(A), (B), (III)(A), (B), (IV), (VII), (IX), (XI), not commenced as of date of revision.

F13
Inserted by Road Traffic and Road Acts 2023 (16/2023), s. 6(b)(iii), not commenced as of date of revision.

Modifications (not altering text):

C16
Prospective affecting provision: subs. (1B) inserted by Road Traffic and Road Acts 2023 (16/2023), s. 6(b)(i), not commenced as of date of revision.

F10[(1B) The Road Safety Authority shall be responsible for the licensing of persons and the registration of licensed driving instructors in accordance with regulations made under this section.]

C17
Prospective affecting provision: subs. (2)(a), (aa), (aaa) amended, subs. (2)(b) substituted, subs. (2)(cc), (ee), (ef) inserted), subs. (2)(k) amended, subs. (2)(kk) inserted, subs. (2)(l) amended, subs. (2)(la) inserted, subs. (2)(o) amended and subss. (8), (9) inserted by Road Traffic and Road Acts 2023(16/2023), s. 6(b)(i)-(iii), not commenced as of date of revision.

(2) Regulations under this section may, in particular and without any prejudice to the generality of subsection (1), provide for all or any of the following matters:

F7[(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension F11[, and subsequent surrender or return,] of a licence);

(aa) the issuing of F12[plates, cards and badges] to licensed driving instructors (including the refusal to issue a F12[plate, card or badge] and the withdrawal F11[, and subsequent surrender or return,] of a F12[plate, card or badge]);

(aaa) appeals by an applicant refused a F12[licence or badge, card or plate], a holder of a licence whose licence has been revoked or suspended and the holder of a F12[plate, card or badge] which has been withdrawn;]

F12[(b) the qualifications of, tests to be passed by and courses of training to be undertaken by, persons in order to become and remain licensed driving instructors;]

F11[(cc) the maintenance of a register of licensed driving instructors, the form of such register, the particulars to be entered on such register and the persons by whom, and the manner in which, the information contained in the register shall be made available;]

(d) the conduct and duties of licensed driving instructors;

F8[(da) the fitness of applicants for driving instructor licences;]

(e) the keeping and inspection of specified records, the issue of specified certificates and the specifying of the persons by whom such records are to be kept and such certificates are to be issued;

F11[(ee) the notification by a licensed driving instructor to the Road Safety Authority where a person has completed a course, or part of a course, of training with the instructor,

(ef) the transfer of information between licensed driving instructors and the Road Safety Authority;]

(f) the inspection of courses of instruction given by licensed driving instructors and of vehicles used by them when giving such courses;

F8[(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;

(k) the display of any F12[plate, card or badge] by a licensed driving instructor while giving driving instructions for reward;

F11[(kk) the carrying out of tests in respect of licensed driving instructors consisting of observation by an examiner of an instruction lesson given by the instructor to a learner driver or the examiner;]

(l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any F12[licences, cards or badges] issued under Regulations under this section;

F11[(la) the return of expired licences, cards and badges issued under regulations under this section;]

(m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority;

(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;

(o) matters for the purposes of F12[subsections (8) and (9)].]

F13[(8) Where an applicant for a licence under regulations under this section is convicted of an offence under subsection (7) he or she shall be prohibited from holding such a licence for the period prescribed in regulations under this section in respect of the offence.

(9) Where the holder of a licence is convicted of an offence under subsection (7), the licence shall stand revoked or, as the case may be, suspended in accordance with regulations under this section for the period prescribed in such regulations in respect of the offence.]

C18
Meaning of “provisional licence” in collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 384 of 2006.

Learner permit.

…

(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.

…

Editorial Notes:

E56
Power pursuant to section exercised (13.07.2021) by Road Traffic (Courses of Instruction) (Motorcycles) (Extension of Period of Validity of Certificate) Regulations 2021 (S.I. No. 357 of 2021).

E57
Power pursuant to section exercised (7.05.2021) by Road Traffic (Driving Instructor Licensing) (Extension of Period of Validity of Licence) Regulations 2021 (S.I. No. 215 of 2021).

E58
Power pursuant to section exercised (9.04.2020) by Road Traffic (Courses of Instruction) (Motorcycles) (Extension of Period of Validity of Certificate) Regulations 2020 (S.I. No. 123 of 2020).

E59
Power pursuant to section exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Motorcycles) (Amendment) Regulations 2018 (S.I. No. 433 of 2018).

E60
Power pursuant to section exercised (5.11.2018) by Road Traffic (Courses of Instruction) (Cars) (Amendment) Regulations 2018 (S.I. No. 406 of 2018).

E61
Application for licence or renewal of licence under section remains subject to general requirement for disclosure of convictions, as provided (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 11(1)(b), S.I. No. 215 of 2016.

E62
Power pursuant to section exercised (20.12.2011) by Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011 (S.I. No. 681 of 2011).

E63
Power pursuant to section exercised (4.04.2011) by Road Traffic (Courses of Instruction) (Cars) Regulations 2011 (S.I. No. 172 of 2011).

E64
Power pursuant to section exercised (3.06.2009) by Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009 (S.I. No. 203 of 2009).

E65
Previous affecting provision: penalty in subs. (7) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18, S.I. No. 86 of 2007; superseded as per F-note above.

E66
Previous affecting provision: subs. (7) substituted by Road Traffic Act 2010 (25/2010), s. 85(d), not commenced; substituted as per F-note above.

E67
Previous affecting provision: penalty in subs. (1) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002.

E68
Previous affecting provision: subs. (7) substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(5), commenced on enactment; substituted as per E-note above.

Section 18A
F14[

Disqualification of driving instructors.

18A.— …]

Annotations

Amendments:

F14
Inserted by Road Traffic and Road Acts 2023(16/2023), s. 6(c), not commenced as of date of revision.

Modifications (not altering text):

C19
Prospective affecting provision: section inserted by Road Traffic and Road Acts 2023(16/2023), s. 6(c), not commenced as of date of revision.

F14[18A.—(1) An applicant for, or the holder of, a licence shall notify the Authority in writing if he or she has been, or is, convicted of an offence specified in Schedule 2.

(2) A person convicted of an offence specified in Part 1 of Schedule 2 is disqualified for holding a licence for life from the date of such conviction.

(3) Subject to subsection (4), a person convicted of an offence specified in Part 2 of Schedule 2 shall be disqualified for holding a licence for a period of 3 years from the date of such conviction.

(4) Where, on foot of a conviction for an offence referred to in subsection (3), the person is sentenced to a term of imprisonment, the period of disqualification referred to in that subsection shall be extended by such term of imprisonment.

(5) Where, on foot of a conviction for an offence specified in Part 3 of Schedule 2, a person is disqualified for holding a driving licence for a specified period, the person shall be disqualified for holding an instructor’s licence for the specified period and for a further period of 3 years.

(6) A notification under subsection (1) shall be made

(a) where the person was convicted of the offence before making the application, at the time of making the application, and

(b) where the person convicted is the holder of a licence, within

(i) 3 months of the commencement of this subsection, or

(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction,

whichever is the later.

(7) A notification under subsection (1) shall include details of

(a) the nature of the offence,

(b) whether the conviction is one of a number of convictions for the same or different offences,

(d) any disqualification or forfeiture imposed on foot of the conviction.

(8) Where a person is disqualified for holding a licence under this section

(a) the Authority shall not grant a licence to the person, and

(b) any licence held by the person shall stand revoked.

(9) A person who fails to notify the Authority in accordance with this section or who provides information to the Authority under this section, knowing it to be false or misleading, commits an offence.

(10) In this section—

“Authority” means the Road Safety Authority;

“licence” means a licence authorising a person to give for reward instruction in or in respect of driving a mechanically propelled vehicle.

(11) A reference in this section to an offence specified in Schedule 2 includes a reference to an offence under the law of another jurisdiction which corresponds to that offence where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in Schedule 2.]

Section 19
Amendment of section 29 of Principal Act.

19.—F15[…]

Annotations

Amendments:

F15
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 67(2), S.I. No. 255 of 2011.

Section 20
Operation of disqualification order.

20.—The Principal Act is hereby amended by the substitution of the following section for section 30:

“

Operation of disqualification order.

30. (1) A person in respect of whom a consequential, ancillary or special disqualification order is made shall stand disqualified in accordance with the order for holding a driving licence, and a driving licence held by him at the date of the order shall stand suspended correspondingly.

(2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed.

(3) (a) Save as provided by paragraphs (b) to (e) of this subsection—

(ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed.

(b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal.

(4) Where—

(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,

(b) the operation of the order stands suspended pending the appeal, and

(5) Where—

(a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal,

(b) the operation of the order stands suspended pending the appeal, and

(6) Where—

(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the appropriate licensing authority a certificate of competency or fitness, and

(b) such person produces to that authority such certificate,

the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.”

Section 21

Amendment of section 33 of Principal Act.

21.—Section 33 of the Principal Act (which relates to certificates of competency) is hereby amended by the insertion after subsection (3) of the following subsection:

“(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard.

Section 22

Limited certificates of competency for special cases.

(2) Where the certificate of competency accompanying, pursuant to section 22 (3) (c) of the Principal Act, an application under that section for a driving licence contains a statement that the certificate is limited to a specified type of vehicle belonging to a specified class, any driving licence issued in pursuance of that application shall, notwithstanding anything in that Act, contain a statement that, in relation to that class, the licence is limited to a vehicle of the type specified in the certificate and the licence shall, for the purposes of section 38 of the Principal Act, have effect accordingly.

Section 23

Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

23.—(1) A person who undergoes or attempts to undergo a test arranged under section 33 of the Principal Act in the name of some other person shall be guilty of an offence.

F16[(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.]

(3) Where a certificate of competency is issued on completion of a test in relation to which an offence under this section has been committed, such certificate and any driving licence granted in pursuance of an application accompanied by such certificate shall be void and of no effect.

Annotations

Amendments:

F16
Substituted (18.07.1984) by Road Transport (Amendment) Act 1984 (16/1984), s. 4(6), commenced on enactment.

Modifications (not altering text):

C20
Maximum penalty in subs. (2) increased to €2,000 (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18, S.I. No. 86 of 2007. This translates into a Class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6 and table ref. no. 1, S.I. No. 662 of 2010.

Increase of certain penalties.

18.— (1) A person convicted of an offence for which a penalty is provided by— …

(b) a provision of the Road Traffic Act 1968 mentioned in column (2) of Part 2 of the Table at any reference number mentioned in column (1) of that Part,

…

is, in lieu of the monetary penalty so provided, liable to the monetary penalty, specified in column (3) of the Table at that reference number.

TABLE

Part 2

Road Traffic Act 1968

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

…

Section 23(2)

A fine not exceeding €2,000

Editorial Notes:

E69
Previous affecting provision: penalty in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002; superseded as per C-note above.

PART IV

ROAD TRAFFIC ACT 2002

Inspection of driving licences of persons charged with certain offences.

F22[F23[22.—F24[(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2016 other than an offence under—

(a) section 38, 84, 85 or 101 of the Principal Act, or

(b) section 35 (in so far as it relates to the parking of vehicles), 36 or 36A (inserted by section 12 of the Roads Act 2007) of the Act of 1994,

the presiding judge shall require the person to produce his or her driving licence or learner permit to the registrar, clerk or other principal officer of the court, and the court shall record—

(i) whether or not the licence or permit was produced, and

(ii) where the licence or permit was produced, the details specified in that licence or permit.]

(a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007) of the Act of 1994,

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

(2) A person who fails to produce his or her licence to the court in accordance with F24[a requirement under subsection (1)] is guilty of an offence.

(3) In any proceedings for an offence under subsection (2)—

(a) a certified copy of a court order in relation to an offence referred to in subsection (1), or

(b) any other form of notification certifying that the driving licence was not produced to the court as provided for in the Rules of Court,

is admissible as evidence of those facts.]

Annotations

Amendments:

F22

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 21, S.I. No. 26 of 2005.

F23

Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011.

F24

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 33, S.I. No. 129 of 2017.

Section 23

ROAD TRAFFIC ACT 2004

Inspection of driving licences of persons charged with certain offences.

21.—The following section is substituted for section 22 of the Act of 2002:

“22.—(1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2004 other than—

(a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or

(b) section 35 (in so far as it relates to the parking of vehicles) or section 36 of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge, produce to the Court his or her driving licence and the Court shall record whether or not the licence has been produced.

(2) A person who fails to produce his or her licence to the court in accordance with the requirements of subsection (1) is guilty of an offence.

(3) In any proceedings for an offence under subsection (2)—

(a) a certified copy of a court order in relation to an offence referred to in subsection (1), or

(b) any other form of notification certifying that the driving licence was not produced to the court as provided for in the Rules of Court,

is admissible as evidence of those facts.”.

Section 24

Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.

24.—Section 36 of the Principal Act is amended by substituting for subsection (8) (inserted by section 8(b) of the Act of 2002) the following:

“(8) The Courts Service shall inform the Minister of an order made—

(a) under subsection (3) or (4) of this section,

(b) suspending or postponing an order under either of those subsections, or

Section 25

Amendment of section 9 of Act of 2002 (disqualification pursuant to European Convention on Driving Disqualifications).

25.—Section 9 of the Act of 2002 is amended by—

(a) substituting for subsection (8) the following:

“(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the Minister and the Minister shall cause the central authority of the State of the offence to be notified thereof.”,

and

(b) in subsection (9), substituting for paragraph (a) the following:

“(a) the Courts Service shall—

(i) notify the Minister of the disqualification as soon as may be, and

(ii) comply with any request of the Minister for further details or information relating to the person, the offence, the disqualification or otherwise required for the purpose of the Convention,

ROAD TRAFFIC ACT 2006

Removal of disqualification.

7.— The following section is substituted for section 29 of the Principal Act:

“29.— (1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

(4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section ‘disqualification order’ means a consequential or an ancillary disqualification order.”.

Section 7

Removal of disqualification.

7.— The following section is substituted for section 29 of the Principal Act:

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section ‘disqualification order’ means a consequential or an ancillary disqualification order.”.

Section 8

Recognition of foreign driving licences.

8.— The following section is inserted after section 23 of the Principal Act:

“23A.— (1) The Minister may by order declare that a licence or permit permitting a person to drive a mechanically propelled vehicle, not being a licence or permit issued to a person to enable that person to learn or provisionally to drive such a vehicle, issued by the competent authority of a state other than the State, shall be recognised for the purpose of exchange of that licence or permit for a driving licence, in respect of any one or more of the categories in respect of which the licence or permit is held, and subject to such restrictions, if any, as may be specified in the order.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.”.

Section 9

Theory test certificate.

9.— Section 33(4) of the Principal Act is amended by inserting “where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency” before “subject to being satisfied”.

Section 10

Regulations relating to driving licences, learner permits and certificates of competency and fitness.

10.— The following section is substituted for section 42 of the Principal Act:

“42.— (1) In this section ‘licence’ means a driving licence or learner permit.

(2) The Minister may make regulations to provide for all or any of the following:

(a) the categorization for the purposes of this Part of mechanically propelled vehicles;

(b) the form of driving licences and learner permits;

(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;

(d) the surrender of licences;

(e) the securing that licences for a category are not issued to persons already holding licences for such category;

(f) the issue by licensing authorities of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;

(g) the communication of particulars of licences granted by licensing authorities to other licensing authorities;

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;

(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;

(j) the period during which a learner permit is to remain in force;

(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;

(l) the issue of licences by officers of any Minister of the Government or the Road Safety Authority as agent of a licensing authority;

(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;

(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence.

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;

(g) the persons by whom further tests directed under section 33(6) are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) the production of licences in court;

(b) the effecting of endorsements ordered under section 36;

(c) the transmission of licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36.

(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation is guilty of an offence.”.

Section 11

Learner permit.

11.— (1) The following section is substituted for section 35 of the Principal Act:

“35.— (1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit (‘ learner permit’ ) licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be—

(a) made to the licensing authority in whose functional area the applicant ordinarily resides,

(b) in accordance with the regulations under section 42, and

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under—

(6) Sections 22(2), (4) and (5), 26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where—

(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the appropriate licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with section 35,

(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with section 35, and

(2) Section 1 of the Act of 2002 is amended in the definition of “licence” by substituting “learner permit” for “provisional licence”.

(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.

(4) Section 29(1) of the Act of 1994 is repealed.

Section 12

Driving without driving licence.

12.— Section 38 of the Principal Act is amended—

(a) in subsection (2), by substituting for paragraph (a) the following:

“(a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—

(ii) in any other case, to a fine not exceeding €2,000.”;

and

(b) by substituting for subsection (5) the following:

“(5) A person—

(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in subsection (2)(a), or

(b) who is summarily convicted of the offence of contravening subsection (3) in a case in which the person employed to drive the vehicle was at the time he or she drove the vehicle—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in section 102,

is liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.”.

Section 13
Requirement to carry driving licence while driving vehicle.

13.— F12[…]

Annotations

Amendments:

F12
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(c), S.I. No. 255 of 2011.

ROAD TRAFFIC ACT 2014

REVISED

Updated to 31 July 2023

An Act to amend and extend the Road Traffic Acts 1961 to 2011, to amend section 20 of the Road Safety Authority Act 2006, section 16 of the Road Transport Act 2011 and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 and to provide for related matters.

[25 th February, 2014]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Section 1
Short title, commencement, collective citation and construction

1. (1) This Act may be cited as the Road Traffic Act 2014.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) This Act and the Road Traffic Acts 1961 to 2011 may be cited together as the Road Traffic Acts 1961 to 2014 and shall be read together as one.

Annotations

Editorial Notes:

E1
Power pursuant to section exercised (22.06.2015) by Road Traffic Act 2014 (Section 6(b) and (c)) (Commencement) Order 2015 (S.I. No. 252 of 2015).

2. The day appointed as the day on which paragraphs (b) and (c) of section 6 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 22 June 2015.

E2
Power pursuant to section exercised (8.12.2014) by Road Traffic Act 2014 (Section 10 (a) to (e) and (h)) (Commencement) Order 2014 (S.I. No. 562 of 2014).

2. The day fixed as the day on which—

(a) paragraph (a)(i)(I) and (III),

(b) paragraphs (b) to (e) (other than subparagraph (i) of paragraph (c)), and

of section 10 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 8 December 2014.

E3
Power pursuant to section exercised (26.11.2014) by Road Traffic Act 2010 (Impairment Testing) (Commencement) Order 2014 (S.I. No. 536 of 2014).

2. The day fixed as the day on which—

(a) section 11 of the Road Traffic Act 2014 (No. 3 of 2014),

(b) section 11 of the Road Traffic Act 2010 (No. 25 of 2010), and

come into operation is 26 November 2014.

E4
Power pursuant to section exercised (26.11.2014) by Road Traffic Act 2014 (Sections 12 and 13) (Commencement) Order 2014 (S.I. No. 535 of 2014).

2. The day appointed as the day on which section 12 and paragraphs (a) and (b)(ii) of section 13 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 26 November 2014.

E5
Power pursuant to section exercised (8.08.2014) by Road Traffic Act 2014 (Sections 1 and 2) (Commencement) Order 2014 (S.I. No. 382 of 2014).

2. The day fixed as the day on which sections 1 and 2 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 8 August 2014.

E6
Power pursuant to section exercised (1.08.2014) by Road Traffic Act 2014 (Section 10(a) and (f)) (Commencement) Order 2014(S.I. No. 345 of 2014).

2. The day appointed as the day on which—

(a) paragraph (a)(i)(II) and (IV),

(b) paragraph (a)(ii), and

of section 10 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 1 August 2014.

E7
Power pursuant to section exercised (20.03.2014 and 1.08.2014) by Road Traffic Act 2014 (Certain Provisions) (Commencement) Order 2014 (S.I. No. 147 of 2014); s. 8 of the Road Traffic Act 2014 (3/2014) deemed never to have come into operation (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 3(1), commenced on enactment.

2. The day fixed as the day on which sections 9 and 14 to 26 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 20 March 2014.

3. The day fixed as the day on which sections 3 to 5 , 7 and 8 of the Road Traffic Act 2014 (No. 3 of 2014) come into operation is 1 August 2014.

Section 2
Definitions

2. In this Act—

“Act of 2002” means Road Traffic Act 2002;

“Act of 2006” means Road Traffic Act 2006;

“Act of 2010” means Road Traffic Act 2010;

“Act of 2012” means Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012;

“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;

“learner driver” means the holder of a learner permit (within the meaning of section 35(1) (inserted by section 11 of the Act of 2006)) of the Principal Act who does not hold a driving licence;

“Minister” means Minister for Transport, Tourism and Sport;

“Principal Act” means Road Traffic Act 1961.

PART 2

Driver Licensing

Section 3

Novice driver

3. (1) For the purposes of this Act, a person who is the holder of a first driving licence is a novice driver for the period of 2 years from the date of its issue.

(2) Where, during the period of 2 years referred to in subsection (1) the person—

(a) becomes disqualified F1[pursuant to Part III of the Principal Act, section 3 of the Act of 2002, section 29 of the Act of 2010 or section 40 of the Act of 2016], or

(b) ceases to be the holder of a licence,

no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 2 years and the date of the ending of that period shall be determined accordingly.

Annotations

Amendments:

F1
Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 14(a), S.I. No. 392 of 2023.

Section 4

Display of N-plate or tabard by novice driver

4. (1) A novice driver shall not drive a mechanically propelled vehicle in a public place unless—

(a) in the case of a motorcycle, there is displayed on a yellow fluorescent tabard worn over the person’s outside clothing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the person’s torso, or

(b) in the case of a mechanically propelled vehicle other than a motorcycle, there are displayed on the vehicle rectangular plates or signs bearing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle.

(2) A person who contravenes subsection (1) commits an offence.

Annotations

Amendments:

F2
Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 14(b)(i), (ii), not commenced as of date of revision.

Modifications (not altering text):

C1
Prospective affecting provision: subs. (1)(a), (b) amended by Road Traffic and Roads Act 2023 (16/2023), s. 14(b)(i), (ii), not commenced as of date of revision.

(a) in the case of a motorcycle, F2[there is displayed in the prescribed form and manner on a tabard worn over the person’s outside clothing the letter “N”,] in clearly visible vertical positions to the front and rear of the person’s torso, or

(b) in the case of a mechanically propelled vehicle other than a motorcycle, F2[there are displayed in the prescribed form and manner on the vehicle rectangular plates or signs bearing the letter “N”,] in clearly visible vertical positions to the front and rear of the vehicle.

Editorial Notes:

E8
Offence under subs. (2) declared to be a fixed charge offence liable to a charge of €120 (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(d) and sch. 4 item 4, in effect as per reg. 1(2).

E9
Offence under subs. (2) declared to be a fixed charge offence liable to a charge of €60 (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), regs. 3 and 4(b)(vi), in effect as per reg. 1(2).

Section 5

Access to endorsements by approved vehicle insurers

5. (1) The Minister may, subject to such conditions as he or she may determine, allow a vehicle insurer, for the purpose of renewing approved policies of insurance, to—

(a) have access to, inspect and examine endorsements on the entry (within the meaning of section 1(1) of the Act of 2002) relating to a person, and

(b) be supplied with such copies of an entry or extracts from an entry as the vehicle insurer may reasonably require.

(2) Section 2(10) of the Act of 2002 is repealed.

Annotations

Amendments:

F3
Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 14(c)(i), (iii), (iv), not commenced as of date of revision.

F4
Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 14(c)(ii), (iii), not commenced as of date of revision.

Modifications (not altering text):

C2
Prospective affecting provision: subs. (1) amended, paras. (a), (b) substituted, para. (c) inserted and subs. (2A) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 14(c)(i)-(iv), not commenced as of date of revision.

5. (1) The Minister may, subject to such conditions as he or she may determine, allow a vehicle insurer F3[or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf], for the purpose of F4[processing] approved policies of insurance, to—

F4[(a) have access to, inspect and examine endorsements and disqualifications for holding a driving licence on the entry (within the meaning of section 1(1) of the Act of 2002) relating to a person,

(b) have access to and verify the driver number of a driver on the entry, and]

F3[(c) be supplied with such copies of an entry or extracts from an entry as the vehicle insurer may reasonably require.]

…

F3[(2A) In this section “processing”, in relation to an approved policy of insurance, means the general administration, including the issue, amendment or renewal of the policy.]

Section 6
Amendment of Principal Act

6. The Principal Act is amended—

(a) in section 33, by inserting after subsection (3C) (inserted by section 92 of the Act of 2010) the following:

“(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(b) in section 36(3) —

(i) in paragraph (a), by deleting “the conviction and”, and

(ii) in paragraph (c) (iv), by deleting “of the conviction and”,

“(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—

(a) is committing, or has committed, an offence under subsection (1), and

(b) is disqualified from holding a driving licence.”,

and

(d) in section 42(3) (inserted by section 10 of the Act of 2006), by substituting for paragraph (h) the following:

“(h) the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;”.

Driving Licensing

ROAD TRAFFIC ACT 1961

Interpretation.

Application to persons and vehicles in the service of the State.

General provisions with respect to regulations.

Approval of bye-laws made by the Commissioner.

Driving Licences.

Licensing Authority.

Application for Irish driving licence.

Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

Grant of Irish driving licence.

Recognition of foreign driving licences.

Recognition of foreign driving licences held by certain persons

Consequential disqualification orders.

Ancillary disqualification orders.

Special disqualification orders.

Removal of disqualification under consequential or ancillary disqualification order.

Operation of disqualification order.

Disqualifications related to age.

Disqualification on grounds of health.

Certificates of competency.

Certificates of fitness.

Provisional licence.

Offences by owner of mechanically propelled vehicle driven by another person

Order for endorsement in case of conviction, disqualification order or removal of disqualification.

Prohibition on driving without driving licence.

Prohibition on applying for driving licence when disqualified.

Section 40 Production of driving licence on demand by member of Garda Síochána.

Section 41 Writing of signature on demand by member of Garda Síochána.

Regulations under Part III.

ROAD TRAFFIC ACT 1968

Regulations in relation to control of driving instruction.

Disqualification of driving instructors.

Operation of disqualification order.

Limited certificates of competency for special cases.

Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

ROAD TRAFFIC ACT 2002

Inspection of driving licences of persons charged with certain offences.

ROAD TRAFFIC ACT 2004

Inspection of driving licences of persons charged with certain offences.

Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.

Amendment of section 9 of Act of 2002 (disqualification pursuant to European Convention on Driving Disqualifications).

ROAD TRAFFIC ACT 2006

Removal of disqualification.

Recognition of foreign driving licences.

Theory test certificate.

Regulations relating to driving licences, learner permits and certificates of competency and fitness.

Learner permit.

Driving without driving licence.

ROAD TRAFFIC ACT 2014

Driver Licensing

Novice driver

Display of N-plate or tabard by novice driver

Access to endorsements by approved vehicle insurers

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Speed Limits

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Drug Driving

Section 40
Production of driving licence on demand by member of Garda Síochána.

Section 41
Writing of signature on demand by member of Garda Síochána.