Other Driving Offences

ROAD TRAFFIC ACT 1961

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 S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.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.

 

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.

 

ROAD TRAFFIC ACT 2010

Section 72

Driving or being in charge of a substantially disabled mechanically propelled vehicle.

72.— Section 3 of the Principal Act is amended by substituting for subsection (2) the following:

“(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.”.