Driving Offences
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
(c) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;
“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,
(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or
(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.
PART V.
Driving Offences.
Section 48
Driving mechanically propelled vehicle when unfit.
48.—(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.
F121[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, F122[in the case of a first offence, to a fine not exceeding €1,000] or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, F122[in the case of a second or any subsequent offence, to a fine not exceeding €2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]
Annotations
Amendments:
F121
Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(5), commenced on enactment.
F122
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18 and table part 1 ref. no. 6, S.I. No. 86 of 2007. 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.
Editorial Notes:
E530
Prospective affecting provision: penalty points in respect of driving vehicle when unfit 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. 8, not commenced as of date of revision.
E531
Previous affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 7, S.I. No. 491 of 2002, increased as per F-note above.
E532
Previous affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(a), commenced on enactment. S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.
Section 49
Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug.
49.—F123[…]
Annotations
Amendments:
F123
Repealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(a), subject to transitional provisions in s. 30, S.I. No. 544 of 2011.
Editorial Notes:
E533
Previous affecting provision: application of section modified where offence committed but concentration of alcohol does not exceed certain level by Road Traffic Act 2006 (23/2006), s. 5, not commenced; repealed subject to transitional provision in subs. (3) (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), S.I. No. 543 of 2011.
E534
Previous affecting provision: offences under section subject to consequential disqualification orders pending commencement of repeal of section by Road Traffic Act 2010 (25/2010), s. 65(4)(a) as inserted (28.11.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.
E535
Previous affecting provision: fine in subs. (6)(a) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1, ref. no. 7, S.I. No. 86 of 2007; section repealed as per above F-note.
E536
Previous affecting provision: presumption as to working order of apparatus prescribed in prosecution of offence under section (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(8), S.I. No. 384 of 2006; section repealed as per F-note above.
E537
Previous affecting provision: procedure for authorising and establishing checkpoints for purposes of section prescribed (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(2), S.I. No. 384 of 2006; section repealed as per F-note above.
E538
Previous affecting provision: application of section not restricted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 8 of 2005; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(2), S.I. No. 543 of 2011.
E539
Previous affecting provision: procedure prescribed where holder of a licence to drive a small public service vehicle is convicted (8.07.2003) by Taxi Regulation Act 2003 (25/2003), s. 36(5)(b)(ii), commenced on enactment; section repealed as per F-note above.
E540
Previous affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(a), commenced on enactment. S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.
E541
Previous affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 10, S.I. No. 350 of 1994.
E542
Previous affecting provision: obligation to provide breath specimen following arrest and consequential procedure provided (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; section repealed as per F-note above.
E543
Previous affecting provision: procedure as to evidence in prosecutions under section prescribed (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 12(4), 13(4) and 18-24, S.I. No. 350 of 1994; section repealed as per F-note above.
E544
Previous affecting provision: procedure prescribed for power of entry for purposes of arresting person under subs. (8) (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 39(2), S.I. No. 350 of 1994; section repealed as per F-note above.
E545
Previous affecting provision: fine in subs. (4)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 8, commenced on enactment. Fine increased as per E-note above.
E546
Previous affecting provision: section substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 10 subject to transitional provisions in s. 14(4), S.I. No. 192 of 1978; section substituted as per above E-note.
E547
Previous affecting provision: procedure as to evidence in prosecutions under section prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), ss. 16, 20 and 23(3), S.I. No. 192 of 1978; repealed (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 350 of 1994.
E548
Previous affecting provision: requirements regarding certain evidence in prosecutions under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), ss. 18 and 19(2), S.I. No. 192 of 1978.
E549
Previous affecting provision: obligation to provide specimen in relation to offence under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 13, S.I. No. 192 of 1978.
E550
Previous affecting provision: evidentiary requirements in relation to prosecutions under section provided (3.11.1969) by Road Traffic Act 1968 (25/1968), s. 35, S.I. No. 195 of 1969.
Section 50
Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug.
50.—F124[…]
Annotations
Amendments:
F124
Repealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(a), S.I. No. 544 of 2011.
Editorial Notes:
E551
Previous affecting provision: offences under section subject to consequential disqualification orders pending commencement of repeal of section by Road Traffic Act 2010 (25/2010), s. 65(4)(b), (c) as inserted (28.11.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.
E552
Previous affecting provision: fine in subs. (6)(a) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 8, S.I. No. 86 of 2007; section repealed as per above F-note.
E553
Previous affecting provision: presumption as to working order of apparatus in prosecution of offence under section prescribed (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 4(8), S.I. No. 384 of 2006. Section repealed as per above F-note.
E554
Previous affecting provision: application of section modified where offence committed but concentration of alcohol does not exceed certain level by Road Traffic Act 2006 (23/2006), s. 5, not commenced; repealed subject to transitional provision in subs. (3) (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), S.I. No. 543 of 2011.
E555
Previous affecting provision: application of section not restricted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 8 of 2005; repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(2), S.I. No. 543 of 2011.
E556
Previous affecting provision: procedure prescribed where holder of a licence to drive a small public service vehicle is convicted (8.07.2003) by Taxi Regulation Act 2003 (25/2003), s. 36(5)(c), commenced on enactment; section repealed as per F-note above.
E557
Previous affecting provision: fine in subs. (6)(a) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 9, S.I. No. 491 of 2002; subsection amended as per E-note above.
E558
Previous affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(b), commenced on enactment; s. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch., S.I. No. 215 of 2006.
E559
Previous affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994, s. 11, S.I. No. 350 of 1994; repealed as per F-note above.
E560
Previous affecting provision: obligation to provide breath specimen following arrest and consequential procedure provided (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; section repealed as per F-note above
E561
Previous affecting provision: procedure as to evidence in prosecutions under section prescribed (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 12(4), 13(4) and 18-24, S.I. No. 350 of 1994; section repealed as per F-note above.
E562
Previous affecting provision: procedure prescribed for power of entry for purposes of arresting person under subs. (10) (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 39(2), S.I. No. 350 of 1994; section repealed as per F-note above.
E563
Previous affection provision: fines in subs. (4)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. nos. 9 and 19, commenced on enactment; increased as per E-note above.
E564
Previous affection provision: section substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 11 with transitional provisions in s. 14(4), S.I. No. 192 of 1978; superseded as per E-note above.
E565
Previous affecting provision: procedure as to evidence in prosecutions under section prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), ss. 20, 23(3), S.I. No. 192 of 1978; Act repealed (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 350 of 1994.
E566
Previous affecting provision: requirements regarding certain evidence in prosecutions under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), ss. 18 and 19(2), S.I. No. 192 of 1978.
E567
Previous affecting provision: section amended (3.11.1969) by Road Traffic Act 1968 (25/1968), s. 32, S.I. No. 195 of 1969; section substituted as per E-note above.
E568
Previous affecting provision: evidentiary requirements in relation to prosecutions under section provided (3.11.1969) by Road Traffic Act 1968 (25/1968), s. 35, S.I. No. 195 of 1969.
Section 51
Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.
51.—F125[…]
Annotations
Amendments:
F125
Repealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(a), S.I. No. 544 of 2011.
Editorial Notes:
E569
Previous affecting provision: fines in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, part 1 ref. nos. 9, 10; section repealed as per F-note above.
E570
Previous affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. nos. 10, 11, S.I. No. 491 of 2002; subsection amended as per E-note above.
E571
Previous affecting provision: subs. (2) substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(6), commenced on enactment; section repealed as per F-note above.
E572
Previous affecting provision: subs. (2) substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 48, S.I. No. 169 of 1968; subs. (2) substituted as per E-note above.
Section 51A
F126[
Driving without reasonable consideration.
51A.—(1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.
(2) A person who contravenes subsection (1) commits an offence. ]
Annotations
Amendments:
F126
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), S.I. No. 542 of 2011.
Editorial Notes:
E573
Certain offences under section 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(e) and sch. 5 item 3 ref. no. 1, reg. 4(g) and sch. 7 item 2, in effect as per reg. 1(2).
E574
Offence under subs. (2), in so far as it involves the driving or use of a pedal cycle, declared to be a fixed charge offence and penalty prescribed (31.07.2015) by Road Traffic (Fixed Charge Offences – Cyclists) Regulations 2015 (S.I. No. 333 of 2015), reg. 3, 4(b), in effect as per reg. 1(2).
E575
Penalty points in respect of driving without reasonable consideration under section, on payment of fixed charge and on conviction, imposed by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 17, as inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 22(a)(ii), S.I. No. 26 of 2005.
E576
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) and (d), sch. 2 part 1 and sch. 4 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).
E577
Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(e), S.I. No. 542 of 2011.
E578
Previous affecting provision: offence under section declared fixed charge offence (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 4 and sch. 1 part 1, in effect as per reg. 2. The first enabling section, s. 5, remains in force. The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), above.
E579
Previous affecting provision: section inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 49, S.I. No. 169 of 1968; substituted as per above F-note.
Section 52
F127[
Careless driving.
52.—(1) A person shall not drive a vehicle in a public place without due care and attention.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding €10,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a class A fine.
(3) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he or she may arrest the first-mentioned person without warrant. ]
Annotations
Amendments:
F127
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), 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.
Editorial Notes:
E580
Obligation to provide breath specimen following arrest and consequential procedure applied (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(d), S.I. No. 542 of 2011.
E581
Procedure prescribed for detention of intoxicated drivers arrested under section (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 16, S.I. No. 543 of 2011.
E582
Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.
E583
Penalty points in respect of careless driving under section imposed, on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 9, S.I. No. 248 of 2004.
E584
Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(e), S.I. No. 542 of 2011.
E585
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. 11, S.I. No. 86 of 2007; section substituted as per above F-note.
E586
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. 12, S.I. No. 491 of 2002; subsection amended as per as per E-note above.
E587
Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005; s. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.
E588
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. 12, commenced on enactment. Fine increased as per E-note above.
E589
Previous affecting provision: section substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 50, S.I. No. 169 of 1968; superseded as per above F-note.
Section 53
F128[
Dangerous driving.
53.—(1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.
(3) In a prosecution for an offence under this section or section 52, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower, under Part 2 of the Road Traffic Act 2004.
(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of the opinion that he or she had not committed an offence under this section but had committed an offence under section 52, the jury or court may find him or her guilty of an offence under section 52, and he or she may be sentenced accordingly.
(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.]
Annotations
Amendments:
F128
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), 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.
Editorial Notes:
E590
Obligation to provide specimen following arrest under subs. (5) and consequential procedure applied by Road Traffic Act 2010 (25/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(d), S.I. No. 542 of 2011.
E591
Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.
E592
Procedure prescribed for detention of intoxicated drivers arrested under subs. (5) (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 16, S.I. No. 543 of 2011.
E593
Procedure prescribed where holder of a licence to drive a small public service vehicle is convicted under section (8.07.2003) by Taxi Regulation Act 2003 (25/2003), s. 36(5), commenced on enactment.
E594
Offences under section listed as serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. item 19(a) (dangerous driving causing death or serious bodily harm), and items 29 and 30 (acting as accomplice, attempt and conspiracy), S.I. No. 315 of 1998, as amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(d), S.I. No. 236 of 2007.
E595
Previous affecting provision: fines in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(10(a) and table part 1 ref. nos. 12 and 13, S.I. No. 86 of 2007; section substituted as per above F-note.
E596
Previous affecting provision: subs. (3) substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 13, S.I. No. 8 of 2005; section substituted as per above F-note.
E597
Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.
E598
Previous affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. nos. 13, 14, S.I. No. 491 of 2002; substituted as per E-note above.
E599
Previous affecting provision: obligation to provide specimen following arrest and consequential procedure applied (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011 in relation to ss. 13 (other than subs. (4)) and 17, but repeal not commenced in relation to s. 20 as of date of revision.
E600
Previous affecting provision: subss. (2)(a) and (3) amended (22.07.1994) by Road Traffic Act 1994, (7/1994), s. 49(1)(f), S.I. No. 222 of 1994; subs. (3) substituted as per above E-note and section substituted as per above F-note.
E601
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. 4, commenced on enactment. Fine increased as per E-note above.
E602
Previous affecting provision: subss. (1), (3) and (6) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 51, S.I. No. 169 of 1968; subs. (3) substituted as per above E-note and section substituted as per above F-note.
Section 54
F129[
Driving of dangerously defective vehicle.
54.— (1) A person who drives a mechanically propelled F130[vehicle or a combination of vehicles] in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which he or she knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, commits an offence.
(2) Where a mechanically propelled F130[vehicle or a combination of vehicles] is driven in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, such owner commits an offence.
(3) Where a person is charged with an offence under subsection (2), it is a defence to the charge for him or her to show that the F130[vehicle or a combination of vehicles] was being driven on the occasion in question by another person and that such driving was unauthorised.
(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.
(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.
F131[(6) Where a person is charged with an offence under this section involving a combination of vehicles it shall be presumed, until the contrary is shown, that the owner of the mechanically propelled vehicle was also the owner of any vehicle or vehicles drawn thereby at the time of the alleged offence.]]
Annotations
Amendments:
F129
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), 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.
F130
Substituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(b)(i), S.I. No. 105 of 2013.
F131
Inserted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(b)(ii), S.I. No. 105 of 2013.
Editorial Notes:
E603
Penalty points in respect of driving dangerously defective vehicle under section, on conviction, imposed (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 10, S.I. No. 149 of 2009.
E604
Previous affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 69, not commenced; s. 69 repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(e), S.I. No. 542 of 2011.
E605
Previous affecting provision: fine in subs. (4) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18 and table part 1, ref. no. 14, S.I. No. 86 of 2007; section substituted as per above F-note.
E606
Previous affecting provision: fine in subs. (4) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 15, S.I. No. 491 of 2002; subsection amended as per E-note above.
E607
Previous affecting provision: fine in subs. (4) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 13, commenced on enactment. Fine increased as per E-note above.
E608
Previous affecting provision: subs. (1) deleted and subs. (4) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; subs. (1) reinserted and subs. (4) substituted as per above F-note.
Section 55
F132[
Parking vehicle in dangerous position.
55.—(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction—
(a) in the case of—
(i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or
(ii) a second or any subsequent offence, to a class B fine or to imprisonment for a term not exceeding one month or to both,
and
(b) in any other case, to a class C fine.
(3) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.]
Annotations
Amendments:
F132
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), S.I. No. 542 of 2011. A class B fine means a fine not exceeding €4,000 as provided (4.01.2011) by (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010. A class C fine means a fine not exceeding €2,500 as provided (4.01.2011) by (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.
Editorial Notes:
E609
Prospective affecting provision: penalty points in respect of parking vehicle in dangerous position under section imposed, on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 11, not commenced as of date of revision.
E610
Offence under section designated fixed charge offence and penalty 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(e) and sch. 5 item 4, in effect as per reg. 1(2).
E611
Offence under section 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)(ii).
E612
Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.
E613
Previous affecting provision: offence under section designated fixed charge offence for purposes of Road Traffic Act 2010, part 3 and penalty prescribed (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) and sch. 2 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).
E614
Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), ss. 4(2)(e), S.I. No. 542 of 2011.
E615
Previous affecting provision: fines in subs. (2)(a), (b) increased (2.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1, ref. nos. 15 and 16, S.I. No. 86 of 2007; section substituted as per F-note above.
E616
Previous affecting provision: fine in subs. (2)(a), (b) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 16, 17, S.I. No. 491 of 2002; section amended as per E-note above.
E617
Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002, as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10), S.I. No. 255 of 2011.
E618
Previous affecting provision: fines in subs. (2)(a), (b) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 14, 20, commenced on enactment. Fines increased as per E-note above.
E619
Previous affecting provision: subs. (1) substituted and subs. (4) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 52, S.I. No. 169 of 1968; section substituted as per F-note above.