Vehicle Basics
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.
PART II.
General Provisions relating to Vehicles.
Section 11
Regulations in relation to use of vehicles in public places.
11.—(1) The Minister may make regulations in relation to the use of vehicles in public places.
(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters :
(a) the construction of vehicles;
(b) vehicle equipment;
(c) the use and misuse of vehicles and vehicle equipment;
(d) the conditions subject to which vehicles and vehicle equipment may be used;
(e) the duties of drivers of vehicles and passengers therein;
(f) the equipment of such drivers and passengers;
(g) the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles;
(h) particulars to be affixed to or painted on vehicles.
(3) Different regulations may be made under this section—
(a) in respect of different classes of vehicles,
(b) for different circumstances and for different areas.
(4) A person shall not use in a public place a vehicle which does not comply with a regulation under this section applying in relation to the vehicle.
(5) (a) A person who contravenes subsection (4) of this section or a regulation under this section shall be guilty of an offence and, where the contravention is of the said subsection (4) and such person is not the owner of the vehicle, such owner shall also, in such cases as may be prescribed, be guilty of an offence.
(b) Where a person who contravenes subsection (4) of this section is not the owner of the vehicle and the owner is charged with an offence under this section, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.
(6) In this section “vehicle equipment” includes all equipment, fittings and instruments fitted to a vehicle or carried on it, and, without prejudice to the generality of the foregoing, lights, reflectors and towing gear F24[and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred.]
Annotations
Amendments:
F24
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Modifications (not altering text):
C18
Application of section restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 61, commenced on enactment.
Restriction on application of regulations made under section 11 of Act of 1961.
61.—Regulations made under section 11 of the Act of 1961 shall not apply to a light rail vehicle.
C19
Application of regulations under section extended (27.10.1963) by Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191 of 1963), reg. 20(3)(a) and (b), as substituted (27.08.1970) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1970 (S.I. No. 200 of 1970), reg. 4.
Grant of public service vehicle licence.
[20. (1)…
(3) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner shall, subject to sub-article (4) of this article, grant the licence where he is satisfied that—
(a) where the application is for a licence for the use of a vehicle as a large public service vehicle, the vehicle complies with the regulations in operation under section 11 of the Act applicable to such vehicles,
(b) where the application is for a licence for the use of a vehicle as a public hire vehicle, the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence and that the vehicle complies with the regulations in operation under section 11 of the Act applicable to licensed public hire vehicles,
…]
Editorial Notes:
E104
Certain offences under regulations made under section and ss. 5, 12, 13 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 items 1, 2, in effect as per reg. 1(2).
E105
Certain offences under regulations made under section and ss. 5, 12 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(f) and sch. 6 part 1 items 1-3, in effect as per reg. 1(2).
E106
Certain offences under regulations made under section and s. 5 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(g) and sch. 7 item 1, in effect as per reg. 1(2).
E107
Power pursuant to section and ss. 5 and 12 exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2.
E108
Power pursuant to section and s. 12 exercised (14.07.2017) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 (S.I. No. 320 of 2017), in effect as per reg. 2.
E109
Imposition of penalty points relating to the use of defective or worn tyres provided by Road Traffic Act 2002 (12/2002), sch. 1 part 9 as inserted (17.04.2016) by Road Traffic Act 2010, s. 54(d), commenced in part by Road Traffic Act 2010 (Section 54(D)) (Defective or Worn Tyres) (Commencement) Order 2016 (S.I. No. 168 of 2016), in effect as per reg. 2.
E110
Penalty of €80 for fixed charge offence under subs. (5) prescribed (17.04.2016) by Road Traffic (Fixed Charge Offences-Tyres) Regulations 2016 (S.I. No. 167 of 2016), in effect per reg. 2.
E111
Power pursuant to this section, ss. 12 and 13 exercised (1.01.2016) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2015 (S.I. No. 354 of 2015), in effect as per reg. 2.
E112
Power pursuant to this section, ss. 12 and 13 exercised (1.01.2016) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2014 (S.I. No. 253 of 2014).
E113
Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014).
E114
Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 248 of 2014).
E115
Power pursuant to this section and s. 5 exercised (1.01.2016) by Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 (S.I. No. 247 of 2014).
E116
Offence under subs. (5) declared to be a fixed charge offence in so far as it involves the driving or use of a pedal cycle and penalty prescribed (31.07.2015) by Road Traffic (Fixed Charge Offences – Cyclists) Regulations 2015 (S.I. No. 331 of 2015), regs. 3, 4, in effect as per reg. 1(2).
E117
Power pursuant to this section and s. 12 exercised (1.06.2015) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 (S.I. No. 136 of 2015), in effect as per reg. 2.
E118
Offence under subs. (5) 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 and penalty prescribed (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(i).
E119
Power pursuant to section exercised (2.04.2014) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 166 of 2014).
E120
Power pursuant to section exercised (1.10.2012) by Road Traffic (Driving Mirrors – Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).
E121
Certain offences under Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 ( S.I. No. 360 of 1978 ) as amended and Road Traffic (Lighting of Vehicles) Regulations 1963 (S.I. No. 189 of 1963) made under section declared to be fixed charge offences and penalties prescribed (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), reg. (5)(b), (c)(i) and schs. 2 and 3 part 1.
E122
Power pursuant to section and s. 13 exercised (2.04.2012) by Road Traffic (Special Permits for Particular Vehicles) (Amendment) Regulations 2012 (S.I. No. 105 of 2012).
E123
Power pursuant to section (1.10.2012) exercised by Road Traffic (Driving Mirrors – Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).
E124
Power pursuant to section exercised (21.12.2011) by Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2011 (S.I. No. 694 of 2011).
E125
Power pursuant to section exercised (31.10.2011) by Road Traffic (Restraint Systems in Organised Transport of Children) Regulations 2011 (S.I. No. 367 of 2011).
E126
Power pursuant to section exercised (8.06.2011) by Road Traffic (Spray-Suppression) Regulations 2011 (S.I. No. 272 of 2011).
E127
Power pursuant to section exercised (1.06.2011) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2011 (S.I. No. 235 of 2011).
E128
Power pursuant to this section and s. 13 exercised (24.09.2010) by Road Traffic (Specialised Vehicle Permits) (Amendment) Regulations 2010 (S.I. No. 461 of 2010).
E129
Power pursuant to this section and s. 5 exercised (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010).
E130
Power pursuant to section exercised (21.12.2009) by Road Traffic (Display of Test Disc) Regulations 2009 (S.I. No. 548 of 2009).
E131
Power pursuant to section exercised (14.12.2009) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2009 (S.I. No. 487 of 2009).
E132
Power pursuant to this section and s. 13 exercised (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009).
E133
Power pursuant to section exercised (1.11.2008) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 (S.I. No. 366 of 2008).
E134
Power pursuant to section exercised (29.04.2008) by Road Traffic (Retreaded Tyres) Regulations 2008 (S.I. No. 118 of 2008).
E135
Power pursuant to section exercised (5.09.2007) by Road Traffic (Components and Separate Technical Units) (Two and Three Wheel Motor Vehicle) Regulations 2007 (S.I. No. 629 of 2007).
E136
Power pursuant to section exercised (1.07.2007) by Road Traffic (Components and Separate Technical Units) Regulations 2007 (S.I. No. 375 of 2007).
E137
Power pursuant to section exercised (31.05.2006) by Road Traffic (Requirement to Have Audible Warning Devices on Vehicles) Regulations 2006 (S.I. No. 340 of 2006).
E138
Power pursuant to section exercised (31.05.2006) by Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) Regulations 2006 (S.I. No. 342 of 2006).
E139
Power pursuant to section exercised (20.01.2005) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2005 (S.I. No. 12 of 2005).
E140
Power pursuant to this section and s. 5 exercised (17.12.2004) by Road Traffic (Construction and Use of Vehicles) (Amendment) (No. 2) Regulations 2004 (S.I. No. 858 of 2004).
E141
Power pursuant to section exercised (1.07.2004) by Road Traffic (Removal of Exemption From Wearing Seat Belts by Taxi Drivers) Regulations 2004 (S.I. No. 402 of 2004).
E142
Power pursuant to this section and s. 5 exercised (18.03.2004) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2004 (S.I. No. 99 of 2004).
E143
Power pursuant to this section, ss. 12 and 13 exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003).
E144
Power pursuant to this section, ss. 5 and 12 exercised (20.02.2002) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2002 (S.I. No. 51 of 2002).
E145
Power pursuant to this section, ss. 5 and 12 exercised (13.07.2000) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000).
E146
Power pursuant to this section, ss. 5 and 12 exercised (30.09.1997) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1997 (S.I. No. 404 of 1997).
E147
Power pursuant to this section and s. 5 exercised (23.05.1996) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1996 (S.I. No. 137 of 1996).
E148
Power pursuant to this section and s. 5 exercised (23.05.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1996 (S.I. No. 138 of 1996).
E149
Power pursuant to this section, ss. 5 and 12 exercised (23.05.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 4) Regulations 1996 (S.I. No. 139 of 1996).
E150
Power pursuant to this section and s. 5 exercised (5.02.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1996 (S.I. No. 26 of 1996).
E151
Power pursuant to this section and s. 5 exercised (5.02.1996) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1996 (S.I. No. 27 of 1996).
E152
Power pursuant to this section and s. 5 exercised (1.02.1994) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1994 (S.I. No. 3 of 1994).
E153
Power pursuant to this section and s. 5 exercised (1.12.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1993 (S.I. No. 322 of 1993).
E154
Power pursuant to this section, ss. 5 and 12 exercised (1.12.1992) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1992 (S.I. No. 325 of 1992).
E155
Power pursuant to this section and s. 5 exercised (1.04.1992) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1991 (S.I. No. 358 of 1991).
E156
Power pursuant to this section and s. 5 exercised (20.12.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations 1991 (S.I. No. 359 of 1991).
E157
Power pursuant to this section and s. 5 exercised (1.11.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1991 (S.I. No. 273 of 1991).
E158
Power pursuant to this section and s. 5 exercised (8.07.1991) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1991 (S.I. No. 182 of 1991).
E159
Power pursuant to this section and s. 5 exercised (1.04.1991) by Road Traffic (Speed Meter Detectors) Regulations 1991 (S.I. No. 50 of 1991).
E160
Power pursuant to this section and s. 5 exercised (1.01.1991) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1990 (S.I. No. 319 of 1990).
E161
Power pursuant to this section and s. 5 exercised (17.10.1989) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1989 (S.I. No. 267 of 1989).
E162
Power pursuant to this section and s. 5 exercised (17.10.1989) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1989 (S.I. No. 266 of 1989).
E163
Power pursuant to this section and s. 5 exercised (1.07.1986) by Road Traffic (Insurance Disc) (Amendment) Regulations 1986 (S.I. No. 227 of 1986).
E164
Power pursuant to this section, ss. 5 and 13 exercised (6.06.1985) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1985 (S.I. No. 158 of 1985).
E165
Power pursuant to this section and s. 5 exercised (1.07.1984) by Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984).
E166
Power pursuant to this section, ss. 5 and 12 exercised (30.09.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1983 (S.I. No. 278 of 1983).
E167
Power pursuant to this section and s. 5 exercised (31.07.1981) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1981 (S.I. No. 270 of 1981).
E168
Power pursuant to this section and s. 5 exercised (28.09.1979) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1979 (S.I. No. 328 of 1979).
E169
Power pursuant to this section and s. 5 exercised (1.02.1979) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 (S.I. No. 360 of 1978).
E170
Power pursuant to this section and s. 5 exercised (27.09.1974) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1974 (S.I. No. 297 of 1974).
E171
Power pursuant to this section and s. 5 exercised (15.03.1971) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1971 (S.I. No. 96 of 1971).
E172
Power pursuant to this section and s. 5 exercised (18.09.1970) by Road Traffic (Construction Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1970 (S.I. No. 211 of 1970).
E173
Power pursuant to this section and s. 5 exercised (1.09.1970) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1969 (S.I. No. 138 of 1969).
E174
Power pursuant to this section and s. 5 exercised (23.05.1969) by Road Traffic (Construction Equipment and Use of Vehicles) (Amendment) Regulations 1969 (S.I. No. 94 of 1969).
E175
Power pursuant to this section and s. 5 exercised (1.12.1967) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1967 (S.I. No. 273 of 1967).
E176
Power pursuant to this section and s. 5 exercised (13.02.1967) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1967 (S.I. No. 32 of 1967).
E177
Power pursuant to this section and s. 5 exercised (20.04.1965) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1965 (S.I. No. 79 of 1965).
E178
Power pursuant to this section and s. 5 exercised (27.10.1963) by Road Traffic (Lighting of Vehicles) Regulations 1963 (S.I. No. 189 of 1963).
E179
Power pursuant to this section, ss. 5, 12 and 13 exercised (27.10.1963) by Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 (S.I. No. 190 of 1963).
E180
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)-(d), sch. 2 part 1, sch. 3 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).
E181
Previous affecting provision: power pursuant to section exercised (21.12.2011) by Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) (Amendment) Regulations 2011 (S.I. No. 695 of 2011); revoked (1.01.2021) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2020 (S.I. No. 639 of 2020), reg. 6, in effect as per reg. 1(2).
E182
Previous affecting provision: power pursuant to section exercised (1.01.2009) by Road Traffic (Driving Mirrors Additional Requirements for Heavy Goods Vehicles) Regulations 2008 (S.I. No. 312 of 2008); revoked (1.10.2012) by Road Traffic (Driving Mirrors – Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).
E183
Previous affecting provision: certain offences under section declared fixed charge offences (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), regs. 4 and 5, in effect as per reg. 2; revoked (31.07.2015) by Road Traffic (Fixed Charge Offences) (Prescribed Notice and Document) Regulations 2015 (S.I. No. 333 of 2015), reg. 5(a), in effect as per reg. 1(2).
E184
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003); revoked (4.01.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(a).
E185
Previous affecting provision: power pursuant to this section and s. 5 exercised (19.03.2002) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 (S.I. No. 93 of 2002); revoked (21.12.2011) by Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2011 (S.I. No. 694 of 2011).
E186
Previous affecting provision: certain offences under section declared fixed charge offences (25.08.2003) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003 (S.I. No. 322 of 2003), reg. 3; revoked and superseded (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(c) as per E-note above.
E187
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.03.2002) by Road Traffic (National Car Test) (Amendment) Regulations 2002 (S.I. No. 55 of 2002); revoked (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 17(b).
E188
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001); revoked (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 17(a).
E189
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (1.07.2001) by Road Traffic (National Car Test) (No 2) Regulations 2001 (S.I. No. 298 of 2001); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.
E190
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (12.02.2001) by Road Traffic (National Car Test) Regulations 2001 (S.I. No. 32 of 2001); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.
E191
Previous affecting provision: power pursuant to this section, ss. 5, 18 and 123 exercised (21.11.2000) by Road Traffic (National Car Test) Regulations 2000 (S.I. No. 368 of 2000); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20.
E192
Previous affective provision: power pursuant to this section, ss. 5, 18 and 123 exercised (4.01.2000) by Road Traffic (Car Testing) Regulations 1998 (S.I. No. 481 of 1998), revoked before coming into operation (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), reg. 1(2).
E193
Previous affecting provision: power pursuant to this section and s. 5 exercised (25.02.1998) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1998 (S.I. No. 48 of 1998); revoked (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010), reg. 2(c).
E194
Previous affecting provision: application of subs. (5)(b) not restricted (20.10.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 (S.I. No. 299 of 1993), reg. 6; revoked (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005), reg. 2.
E195
Previous affecting provision: power pursuant to this section and s. 5 exercised (20.10.1993) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 (S.I. No. 299 of 1993); revoked (19.12.2005) by Road Traffic (Construction, Equipment and use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 (S.I. No. 833 of 2005), reg. 2.
E196
Previous affecting provision: power pursuant to this section, ss. 5 and 12 exercised (1.01.1987) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1986 (S.I. No. 442 of 1986); revoked (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003), reg. 61(1)(b).
E197
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.01.1986) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1985 (S.I. No. 157 of 1985); revoked (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014), in effect as per reg. 2.
E198
Previous affecting provision: power pursuant to this section, ss. 5 and 12 exercised (5.05.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1983 (S.I. No. 119 of 1983); revoked (30.09.1983) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1983 (S.I. No. 278 of 1983), reg. 6.
E199
Previous affecting provision: power pursuant to this section and s. 5 exercised (25.10.1978) by Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1978 (S.I. No. 291 of 1978); revoked (8.06.2010) by Road Traffic (Construction, Equipment and Use of Vehicles) (Revocation) Regulations 2010 (S.I. No. 259 of 2010), reg. 2(b).
E200
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.09.1970) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 1970 (S.I. No. 128 of 1970); revoked (1.01.2016) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2014 (S.I. No. 249 of 2014).
Section 12
Maximum weights.
12.—(1) The Minister may make regulations for all or any of the following purposes:
(a) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;
(b) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;
(c) specifying the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn thereby;
(d) specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained.
(2) Different regulations may be made under this section—
(a) in respect of different classes of vehicles or of combinations of vehicles,
(b) for different circumstances.
(3) A person shall not use on a public road—
(a) a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination,
(b) a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination F25[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle or combination], or
(c) a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle F25[or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle].
F26[(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.
(b) A person who is guilty of an offence under this section shall be liable on summary conviction to F27[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.]
F28[(4A) Where a person contravenes subsection (3)(b) of this section and the load or loads were consigned to such person by one consignor alone, that consignor shall be guilty of an offence.
(4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove—
(a) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or
(b) that an estimate of the laden weight of the vehicle or combination of vehicles carried out by the consignor prior to the dispatch of the goods indicated that the weight of the vehicle or combination of vehicles did not exceed the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination of vehicles.
(4C) In this section “consignor” means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles.]
(5) Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised.
Annotations
Amendments:
F25
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
F26
Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(2), commenced on enactment.
F27
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 1, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F28
Inserted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 17(1), S.I. No. 264 of 1999.
Editorial Notes:
E201
A number of statutory instruments made pursuant to s. 11 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 11 notes that the statutory instrument is also made pursuant to s. 12. These statutory instruments are not separately listed under this section.
E202
Offence under section designated fixed charge offence 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(a) and sch. 1 item 3, in effect as per reg. 1(2).
E203
Power pursuant to section exercised (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014).
E204
Power pursuant to section exercised (1.04.2013) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 (S.I. No. 43 of 2013).
E205
Penalty points in respect of certain offences under section relating to exceeding maximum weights, on payment of fixed charge and on conviction, imposed (3.08.2012) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1, S.I. No. 296 of 2012.
E206
Certain offences under Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003), made under this section, declared to be fixed charge offences and amounts set for fixed charges in respect of contravention (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), reg. (5)(a) and sch. 1.
E207
Additional penalty prescribed for offence under section (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 15(1) and table, S.I. No. 169 of 1968, as amended by substitution of subs. (1) (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(3), commenced on enactment, and as last amended by substitution of table (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 84, S.I. No. 255 of 2011.
E208
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(a) and sch. 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).
E209
Previous affecting provision: power pursuant to section exercised (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011); revoked (19.12.2014) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2014 (S.I. No. 608 of 2014), reg. 3.
E210
Previous affecting provision: power pursuant to section exercised (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011); revoked (15.12.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 654 of 2011).
E211
Previous affecting provision: power pursuant to section exercised (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010); revoked (27.06.2011) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2011 (S.I. No. 315 of 2011), reg. 3.
E212
Previous affecting provision: power pursuant to section exercised (23.12.2009) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2009 (S.I. No. 576 of 2009); revoked (17.09.2010) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2010 (S.I. No. 452 of 2010), reg. 3.
E213
Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008); revoked (23.12.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 576 of 2009), reg. 3.
E214
Previous affecting provision: power pursuant to section exercised (18.12.2007) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2007 (S.I. No. 829 of 2007); revoked (23.12.2008) by Road Traffic (Weight Laden of 5 Axle Articulated Vehicles) Regulations 2008 (S.I. No. 589 of 2008), reg. 3.
E215
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. 1, S.I. No. 491 of 2002. Fine increased as per above F-note.
E216
Previous affecting provision: offence under section declared to be offence to which s. 103 applies and penalty prescribed (1.12.1996) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1996 (S.I. No. 319 of 1996), regs. 4(2), 6(b), in effect as per reg. 2; revoked (1.10.1997) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1997 (S.I. No. 396 of 1997), reg. 7.
Section 13
Special permits for particular vehicles.
13.—(1) The Minister may make regulations for all or any of the following purposes:
(a) the issue of special permits authorising particular vehicles or combinations of vehicles which contravene one or more regulations under section 11 or 12 of this Act to be used notwithstanding such contravention;
(b) specifying the limitations, restrictions and conditions which are to be, or may be, inserted in the special permits, including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to public roads which may arise from the use of the vehicles or combinations of vehicles to which the special permits relate;
(c) specifying the persons by whom the special permits may be issued;
(d) specifying the manner in which applications for the special permits are to be made.
(2) Notwithstanding anything contained in this Part of this Act, the use of a vehicle or combination of vehicles under and in accordance in all respects with a special permit issued in respect of the vehicle or combination under regulations under this section shall not constitute an offence under section 11 or 12 (as the case may be) of this Act.
Annotations
Editorial Notes:
E217
A number of statutory instruments made pursuant to s. 11 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 11 note that the statutory instrument is also made pursuant to s. 13. These statutory instruments are not separately listed under this section.
E218
Power pursuant to section exercised (13.06.2007) by Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 (S.I. No. 283 of 2007).
Section 14
Weight unladen.
14.—(1) For the purposes of this Act, the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, but exclusive of the weight of water, fuel or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.
(2) For the purposes of subsection (1) of this section—
(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:
(i) a body,
(ii) a part,
(iii) a fitting,
(iv) a receptacle,
(b) in a case in which there is one addition only, the reference to all additions shall be construed as a reference to that addition,
(c) in a case in which, there being two additions (and not more), on no occasion are both of them used, the reference to all additions shall be construed as a reference to the heavier only of the additions or, where they are of equal weight, to one of them only,
(d) in a case in which, there being three or more additions, on no occasion are all of them used, the reference to all additions shall be construed as a reference to the heaviest combination of the additions which is used on any occasion.
(3) In a case coming within paragraph (d) of subsection (2) of this section, where one only of the additions is used on a particular occasion, “combination of the additions” in that paragraph shall, in relation to that occasion, be taken as referring to that addition.
(4) (a) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall, subject to the next paragraph, be a receptacle for the purposes of the foregoing subsections of this section.
(b) Anything so placed is excepted from the foregoing paragraph if in relation to no journey are goods or burden of any other description both loaded into and unloaded from it without its being removed from the vehicle or combination.
(5) In a prosecution under this Act, the onus of proving that anything comes within the exception specified in subsection (4) of this section shall lie on the defendant.
Section 15
Weighbridges.
15.—(1) (a) A road authority may declare any weighbridge (whether maintained by them or not, whether within or outside their functional area and whether a road traffic weighbridge or not) to be an appointed weighbridge for the purposes of this Act, and every weighbridge so declared shall be known and is in this Act referred to as an appointed weighbridge.
(b) Any such declaration may be revoked by a subsequent declaration made by the same road authority.
(c) Where a road authority make a declaration under this subsection, they shall give the prescribed notice to the public of the making of the declaration.
(2) A road authority may (and, if required by the Minister, shall) provide on or adjacent to any public road in their charge a weighbridge of such dimensions, power, design and construction as may be approved of by the Minister.
(3) Every road authority owning a weighbridge erected under an enactment repealed by the repealed Act, under the repealed Act or under this section shall maintain the weighbridge in good condition and proper order and shall make the weighbridge available for the weighing of vehicles and their loads at all reasonable times.
(4) A weighbridge maintained under subsection (3) of this section shall be known and is in this Act referred to as a road traffic weighbridge.
(5) The road authority by whom a road traffic weighbridge is maintained may charge for weighings on the weighbridge (except weighings requisitioned under this Act by a member of the Garda Síochána or an officer of a road authority F29[or an officer of the Minister]) such fees as they may fix from time to time.
(6) A road authority may contribute, on such conditions as they think fit, to the cost of the provision, maintenance or operation of an appointed weighbridge other than a road traffic weighbridge provided by themselves.
(7) (a) A road authority may acquire and operate a weighbridgewhich is transportable and may make it available for use by members of the Garda Síochána F29[or an officer of the Minister].
(b) References in this Act to a mobile weighbridge are to a weighbridge under this subsection.
Annotations
Amendments:
F29
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Editorial Notes:
E219
Power pursuant to this section and s. 5 exercised (12.10.1963) by Road Traffic (Weighbridges) Regulations 1963 (S.I. No. 192 of 1963).
Section 16
Requirements with respect to weighing.
16.—(1) Where an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road and he suspects that the weight laden of the vehicle or combination or the weight transmitted to the ground by any part of the vehicle or combination is such that the use of the vehicle or combination constitutes an offence under this Act—
(a) in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination—
(i) to permit the officer to ascertain by means of the mobile weighbridge the weight transmitted to the ground by any part of the vehicle or combination with the load or loads (if any) thereon; and
(ii) to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment;
(b) in any other case, the officer may require the person in charge of the vehicle or combination to do all or any of the following things:
(i) forthwith to bring the vehicle or combination with the load or loads (if any) thereon to any appointed weighbridge named by the officer and not more than F30[25 kilometres] distant by the shortest available route from the place at which the requisition is made;
(ii) to carry the officer to the weighbridge in the vehicle or combination;
(iii) to cause the vehicle (or any part thereof) or combination (or any part thereof) with the load or loads (if any) thereon to be weighed on the weighbridge in the presence of the officer.
(2) Where—
(a) an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road,
(b) the officer suspects that the weight unladen of the vehicle or combination is such that use of the vehicle or combination constitutes an offence under this Act, and
(c) the vehicle or combination either has no load or has a load or loads which can be unloaded without undue inconvenience, the officer may require the person in charge of the vehicle or combination to do all or any of the following things:
(i) forthwith to bring the vehicle or combination, inclusive of all additions with it on the said occasion, to any appointed weighbridge named by the officer and not more than F30[25 kilometres] distant by the shortest available route from the place at which the requisition is made;
(ii) to carry the officer to the weighbridge in the vehicle or combination;
(iii) to unload the vehicle or combination if it has a load or loads;
(iv) to cause the vehicle or combination, inclusive of all additions with it on the said occasion, to be weighed on the weighbridge in the presence of the officer.
(3) For the purposes of subsection (2) of this section—
(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:
(i) a body,
(ii) apart,
(iii) a fitting,
(iv) a receptacle,
(b) in a case in which there is one addition only, any reference to all additions shall be construed as a reference to that addition.
(4) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall be a receptacle for the purposes of subsections (2) and (3) of this section.
F31[(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to F32[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.]
(6) Where a weighing is, consequent upon a requirement under this section, carried out on an appointed weighbridge not maintained by a road authority, the fee for the weighing shall be recouped to the person paying it by—
(a) in case the weighbridge was declared to be an appointed weighbridge by one road authority only—that authority, and
(b) in any other case—by such one of the road authorities by whom the weighbridge was declared to be an appointed weighbridge as may be agreed upon between those authorities or, in default of agreement, as may be determined by the Minister.
(7) (a) In this section “authorised officer” means—
(i) a member of the Garda Síochána, or
(ii) an officer F33[or a servant] of the road authority charged with the maintenance of the public road on which the vehicle or combination of vehicles is observed, authorised by that authority as an authorised officer for the purposes of this section.
F33[or
(iii) an officer of the Minister authorised by the Minister as an authorised officer for the purposes of this section.]
(b) Where a person appointed to be an authorised officer for the purposes of this section makes a requirement under this section, he shall, if requested by the person to whom the requirement is addressed, produce his authorisation as such officer for examination by that person.
Annotations
Amendments:
F30
Substituted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 17(2), S.I. No. 264 of 1999.
F31
Substituted (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(3), commenced on enactment.
F32
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, part 1 ref. no. 2, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F33
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Modifications (not altering text):
C20
Application of section extended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 16, S.I. No. 169 of 1968.
Extension of powers of authorised officer under section 16 of Principal Act.
16.—(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended—
(a) to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and
(b) to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as—
(i) the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or
(ii) the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road.
(2) A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).
Section 17
Expenses of extraordinary traffic.
17.—(1) Where it appears to the road authority charged with the maintenance of a public road that, having regard to the average expense of repairing that road, extraordinary expenses have been or will be incurred in repairing the road by reason of the damage caused by excessive weight passing along the road or other extraordinary traffic thereon, the amount of the extraordinary expenses shall be paid to the road authority by the person by whom or in consequence of whose order such weight or traffic has been conducted and, in default of that amount being so paid, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(2) Subsection (1) of this section shall have effect subject to the following provisos:
(a) any person required by the subsection to pay extraordinary expenses may enter into an agreement with a road authority for the payment to them of a composition in respect of the relevant weight or traffic and, on paying the composition, shall not be liable under the subsection;
(b) the subsection shall be construed as not applying to damage caused as a result of—
(i) Córas Iompair Éireann carrying on a passenger road service,
(ii) a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932, or
(iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933;
(c) proceedings under the subsection shall be commenced within twelve months after the time at which the damage was done, or, where the damage is in consequence of any particular building contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work;
(d) in any such proceedings the amount for which judgment may be given shall be the amount of the expenses shown to the satisfaction of the court to have been or to be likely to be incurred by the road authority by reason of the damage from the extraordinary traffic.
F34[(3) The jurisdiction relating to the recovery under this section of the amount of any extraordinary expenses incurred by a road authority in repairing a road shall, concurrently with the High Court, be exercised at the election of the plaintiff by—
(a) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the damage was done, or
(b) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the defendant or one of the defendants resides or carries on business.]
Annotations
Amendments:
F34
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Section 18
Tests of mechanically propelled vehicles.
18.—(1) A person shall not use in a public place a F35[…] vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.
(2) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F36[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.
(3) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,—
(a) the person on whom the demand was made refused or failed to produce a test certificate then and there, or
(b) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,
it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.
(4) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.
(5) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.
(6) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.
(7) The owner of a F35[…] vehicle to which this section applies may apply to the issuing authority for a F37[certificate referred to in paragraph (a) of the definition of “test certificate” in section 3] in respect of the vehicle.
(8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid—
(a) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section,
(b) in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate F38[…] certifying such compliance,
(c) in case the issuing authority is not so satisfied—
(i) the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal,
(ii) if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle.
(9) The Minister may make regulations for the purpose of giving effect to this section.
(10) Regulations under this section may, in particular and without prejudice to the generality of subsection (9) of this section, make provision for all or any of the following matters:
(a) the classes of F35[…] vehicles to which this section applies;
(b) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances;
(c) the specifying of the persons to be issuing authorities for the purposes of this section;
(d) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section;
(e) the specifying of the persons by whom new tests directed pursuant to subparagraph (ii) of paragraph (c) of subsection (8) of this section are to be carried out;
(f) the making of applications for F39[certificates referred to in paragraph (a) of the definition of “test certificate” in section 3] and the specifying of conditions subject to which such applications may be made;
(g) the fees to be paid by applicants for F39[certificates referred to in paragraph (a) of the definition of “test certificate” in section 3] and the disposition of such fees;
(h) the requirements in respect of which tests are to be carried out;
(i) the nature of tests;
(j) the manner in which, the conditions under which and the apparatus with which tests are to be carried out;
(k) the maintenance of apparatus used for carrying out tests;
(l) powers of inspection of premises and apparatus used for testing F35[…] vehicles;
(m) the keeping of records by specified persons;
(n) F40[the form of certificates referred to in paragraph (a) of the definition of “test certificate” in section 3] and period of validity of test certificates;
(o) the delegation by issuing authorities to specified persons of the functions of such authorities F41[under paragraphs (b) and (c) of subsection (8);]
F42[(p) the verification of the validity of a test certificate where there is doubt as to the validity of the certificate.]
(11) Regulations under this section may make different provisions for different classes of cases coming within the same matter.
(12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.
(13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act.
Annotations
Amendments:
F35
Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
F36
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1, ref. no. 3, S.I No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F37
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(i).
F38
Deleted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(ii).
F39
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(I).
F40
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(II).
F41
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(III).
F42
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(IV).
Editorial Notes:
E220
A number of statutory instruments made pursuant to ss. 11 and 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of those sections notes that the statutory instrument is also made pursuant to s. 18. These statutory instruments are not separately listed under this section.
E221
Power pursuant to subss. (9)-(11) exercised (16.05.2023) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2023 (S.I. No. 242 of 2023).
E222
Power pursuant to section exercised (17.01.2023) by Road Traffic (National Car Test) (Amendment) Regulations 2023 (S.I. No. 4 of 2023).
E223
Offence under subs. (2) 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(f) and sch. 6 part 1 item 4, in effect as per reg. 1(2).
E224
Power pursuant to section exercised (21.06.2021) by Road Traffic (National Car Test) (Amendment) Regulations 2021 (S.I. No. 289 of 2021), in effect as per reg. 1(2).
E225
Power pursuant to section exercised (27.11.2020) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2020 (S.I. No. 555 of 2020).
E226
Power pursuant to section exercised (20.04.2020) by Road Traffic (National Car Test) (Amendment) Regulations 2020 (S.I. No. 132 of 2020).
E227
Power pursuant to section exercised (20.05.2018 and 1.01.2020) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), in effect as per 1(2).
E228
Offence under subs. (2) designated a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(ii).
E229
Penalty points in respect of using a vehicle without a test certificate imposed on conviction (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 2, S.I. No. 149 of 2009.
E230
Power pursuant to this section and s. 5 exercised (1.11.2002) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2002 (S.I. No. 500 of 2002).
E231
Previous affecting provision: offence under subs. (2) (using a vehicle without a test certificate) designated a fixed charge offence 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(c) and 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).
E232
Previous affecting provision: power pursuant to section exercised (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), in effect as per reg. 1(2); revoked (20.05.2018) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), reg. 20, in effect as per 1(2).
E233
Previous affecting provision: power pursuant to section exercised (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(f), in effect as per reg. 1(2).
E234
Previous affecting provision: power pursuant to section exercised (4.02.2013) by Road Traffic (National Car Test) (Amendment) Regulations 2013 (S.I. No. 10 of 2013); revoked (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013), reg. 4.
E235
Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012 (S.I. No. 104 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(e), in effect as per reg. 1(2).
E236
Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2012 (S.I. No. 103 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(d), in effect as per reg. 1(2).
E237
Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2011 (S.I. No. 711 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(c), in effect as per reg. 1(2).
E238
Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2011 (S.I. No. 623 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(b), in effect as per reg. 1(2).
E239
Previous affecting provision: power pursuant to section exercised (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(a), in effect as per reg. 1(2).
E240
Previous affecting provision: power pursuant to section exercised (30.04.2009 and 25.11.2009) by Road Traffic (Driving Instructor Licensing) Regulations 2009 (S.I. No. 146 of 2009); revoked (3.06.2009) by Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009 (S.I. No. 203 of 2009), reg. 51.
E241
Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (National Car Test) (Amendment) Regulations 2008 (S.I. No. 588 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(b).
E242
Previous affecting provision: power pursuant to section exercised (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(c).
E243
Previous affecting provision: power pursuant to section exercised (1.03.2005) by Road Traffic (National Car Test) (Amendment) Regulations 2005 (S.I. No. 62 of 2005); revoked (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008), reg. 3.
E244
Previous affecting provision: application of section extended (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 3, in operation as per reg. 1(2); revoked and superseded (4.01.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(a).
E245
Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 3, S.I. No. 491 of 2002. Fine increased as per above F-note.
E246
Previous affecting provision: application of section extended (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), regs. 3 and 4, in effect as per reg. 1(2); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20, in effect as per reg. 1(2).
E247
Previous affective provision: application of section extended (4.1.2000 and other dates) by Road Traffic (Car Testing) Regulations 1998 (S.I. No. 481 of 1998), reg. 3, in operation as per reg. 1(2); revoked before coming into operation and superseded (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), reg. 1(2).
E248
Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(1) and table, ref. no. 10, commenced on enactment. Fine increased as per above E-note.
Section 19
Production of test certificate on demand.
19.—(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a F43[…] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, 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 he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.
(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—
(i) he did not use the vehicle, or
(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.
(2) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a F43[…] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a test certificate in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, 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 he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.
(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—
(i) that the vehicle was not used on the occasion in question, or
(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.
(3) Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.
(4) Where a person whose name and address is demanded under subsection (3) of this section refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.
(5) A member of the Garda Síochána may arrest without warrant—
(a) a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or
(b) a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.
Annotations
Amendments:
F43
Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
Section 20
Powers of occasional examination, inspection and test.
20.—(1) Where a member of the Garda Síochána observes a mechanically propelled vehicle or combination of vehicles in a public place and he suspects that there is a defect affecting the vehicle or combination which is such that it is, when in use, a danger to the public or, in the case of a public service vehicle, there is a defect affecting it which is such that either it is a danger to the public or it is rendered unfit for the carriage of passengers, he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may do all such things and make all such requirements in relation to it as are reasonably necessary.
(2) For the purposes of subsection (1) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—
(a) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this section and not more than five miles distant by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination,
(b) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,
(c) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven,
(d) carry out or cause to be carried out such tests as the member considers reasonable.
(3) Where a member of the Garda Síochána has, F44[consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a mechanically propelled vehicle, or] consequent upon having inspected and examined under this section a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—
(a) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,
(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.
(4) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a public service vehicle, reasonable grounds for believing that there is a defect (other than a defect referred to in subsection (3) of this section) affecting it which is such that it is rendered unfit for the carriage of passengers, he may—
(a) instruct the person in charge that it is not to be used for the carriage of passengers for reward until the defect is remedied,
(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.
(5) Where a member of the Garda Síochána has, F45[consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a vehicle drawn by a mechanically propelled vehicle, or] consequent upon having inspected and examined under this section a vehicle drawn by a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—
(a) instruct the person in charge that the vehicle is not to be drawn in a public place by a mechanically propelled vehicle until the defect is remedied,
(b) require the person in charge or the owner to submit the vehicle for a further examination and test at a specified time and place.
(6) A member of the Garda Síochána may test any pedal cycle and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle as are reasonably necessary.
(7) For the purposes of subsection (6) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—
(a) drive any pedal cycle for a reasonable time and distance,
(b) require any person in charge of a pedal cycle to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs.
(8) Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle, reasonable grounds for believing that it has a dangerous defect, he may—
(a) instruct the person in charge of the cycle that it is not to be driven in a public place until the defect is remedied,
(b) require such person to submit the cycle for a further test at a specified time and place.
(9) A person who, in a case in which a requirement under subsection (1), (2), (6) or (7) of this section has been made on him, contravenes the requirement shall be guilty of an offence.
(10) (a) A person who, in a case in which an instruction under subsection (3) of this section that a vehicle is not to be driven in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence and shall be liable on summary conviction to F46[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.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.
(11) (a) A person who, in a case in which a requirement under subsection (3) of this section has been made on him, contravenes the requirement shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.
(12) (a) A person who, in a case in which an instruction under subsection (4) of this section that a vehicle is not to be used for the carriage of passengers until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so uses it or causes or permits it to be so used before the defect is remedied shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.
(13) (a) A person who, in a case in which a requirement under subsection (4) of this section has been made on him, contravenes the requirement shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.
(14) (a) A person who, in a case in which an instruction under subsection (5) of this section that a vehicle drawn by a mechanically propelled vehicle is not to be so drawn in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so draws it or causes or permits it to be so drawn before the defect is remedied shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.
(15) (a) A person who, in a case in which a requirement under subsection (5) of this section has been made on him, contravenes the requirement shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.
(16) (a) A person who, in a case in which an instruction under subsection (8) of this section that a cycle is not to be driven in a public place until a defect is remedied has been given or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, the cycle had not a dangerous defect.
(17) (a) A person who, in a case in which a requirement under subsection (8) of this section has been made on him, contravenes the requirement shall be guilty of an offence.
(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, the cycle had not a dangerous defect.
(18) Where a requirement is made under subsection (3), (4), (5) or (8) of this section—
(a) the person required shall have the right to be present at the examination and, if he exercises this right—
(i) he shall be afforded an opportunity of observing the examination,
(ii) he shall have the further right to bring with him to the examination another person selected by him and, if he exercises this right, the person accompanying him shall also be afforded an opportunity of observing the examination,
(b) if he does not exercise his right to be present at the examination, he shall have the right to be represented at it by another person selected by him and, if he exercises this right, the person representing him shall be afforded an opportunity of observing the examination.
In this subsection “examination” includes “test”.
Annotations
Amendments:
F44
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968). s. 6 and sch., S.I. No. 169 of 1968.
F45
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.
F46
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 4, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (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:
E249
Penalty points in respect of driving vehicle before remedying dangerous defect under subs. (10) imposed on conviction (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 3, S.I. No. 149 of 2009.
E250
Previous affecting provision: fine in subs. (10)(a) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 4, S.I. No. 491 of 2002. Fine increased as per F-note above.
E251
Previous affecting provision: fine in subs. (10)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 11, commenced on enactment. Fine increased as per E-note above.
ROAD TRAFFIC ACT 1968
PART II
General Provisions Relating to Vehicles
Section 8
Control of supply of vehicles.
8.—(1) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, for delivery in such a condition that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.
(2) A person shall not alter a vehicle to which this subsection applies so as to render its condition such that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.
(3) Subject to regulations under this section, the Minister may issue a certificate or certificates (in this section referred to as type approval certificates) certifying that a vehicle of any type (in this section referred to as a type vehicle) complies with the prescribed requirements.
(4) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, unless there is in force in respect of the vehicle and provided therewith either—
(a) a test certificate issued under section 18 of the Principal Act, or
(b) a certificate (in this section referred to as a certificate of conformity) issued under regulations under this section by the manufacturer or importer of the vehicle, or by a prescribed person, certifying that the vehicle conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate under subsection (3) is in force.
(5) A person who contravenes subsection (1), (2) or (4) shall be guilty of an offence.
(6) Nothing in subsections (1) to (5) shall affect the validity of a contract or any rights arising thereunder.
(7) In any contract for the supply of a vehicle to which this subsection applies, it shall be a warranty that the vehicle which is the subject of the contract either—
(a) complies with such requirements of the regulations under sections 11 and 12 of the Principal Act as may be prescribed for the purpose of this subsection, or
(b) conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate is in force.
(8) The Minister may make regulations for the purpose of giving effect to this section.
(9) Regulations under this section may, in particular and without prejudice to the generality of subsection (8), make provision for all or any of the following matters:
(a) the classes of vehicles to which subsection (1), (2), (4) or (7) applies;
(b) exempting from subsection (1), (2), (4) or (7) the supply or alteration of vehicles for specified purposes or in specified circumstances;
(c) specifying the requirements of regulations under sections 11 and 12 of the Principal Act to be complied with under subsection (1) or (2);
(d) the issue and cancellation of certificates of conformity, including, in particular, the form of such certificates, the persons by whom and the conditions subject to which such certificates may be issued or cancelled;
(e) the making of applications for type approval certificates, including, the payment of fees in respect of such applications, the disposal of such fees and the production of vehicles or evidence as to the design and construction of vehicles for examination;
(f) the issue and cancellation of type approval certificates, including, in particular, the form of such certificates, the delegation of the powers of the Minister under subsection (3) to specified persons, and the conditions subject to which such certificates may be issued or cancelled;
(g) the requirements to be complied with by type vehicles;
(h) the arrangements to be made by persons issuing certificates of conformity to ensure that vehicles comply as respects the prescribed requirements with type vehicles;
(i) providing, as respects a vehicle in course of construction or adaptation, for the issue at appropriate stages of construction or adaptation of certificates of conformity in respect of appropriate parts of the vehicle;
(j) the period of validity of certificates issued under regulations under this section;
(k) the keeping of records by specified persons;
(l) powers of inspection of records and premises;
(m) the modification and adaptation of this section in relation to imported vehicles (or parts thereof) in pursuance of any international agreement to which the State is a party.
(10) Regulations under this section may make different provisions for different classes of cases coming within the same matter.
(11) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.
(12) In this section “supply” includes supply by way of sale, hire, loan or otherwise.
Annotations
Editorial Notes:
E32
Power pursuant to section exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023, art. 2(i).
E33
Power pursuant to section deemed to be exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003), as provided (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023, art. 2(i).
E34
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).
E35
Power pursuant to section exercised (1.03.1991) by Road Traffic (Control of Supply of Vehicles) Regulations 1991 (S.I. No. 35 of 1991).
Section 9
Control of importation, etc., of vehicle parts.
9.—(1) The Minister may make regulations in relation to the importation, supply and fitting of vehicle parts.
(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:
(a) prohibiting importation either absolutely or save under a licence (which may contain conditions) issued by the Minister or by specified persons;
(b) prohibiting, either absolutely or save under a licence (which may contain conditions) issued by the Minister, persons from supplying, or offering to supply, specified goods or specified classes of goods;
(c) prohibiting persons from fitting, or offering to fit, vehicle parts to a vehicle—
(i) where the importation or supply of such parts is prohibited under this section,
(ii) where the use of a vehicle with such parts in a public place would contravene regulations under section 11 of the Principal Act,
(iii) save in a prescribed manner;
(d) requiring persons supplying specified vehicle parts to supply therewith instructions relating to the fitting and use of such parts.
(3) Different regulations may be made under this section in respect of different classes of vehicle parts and for different circumstances.
(4) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.
(5) In this section—
“vehicle part” means any article made or adapted for use as part of a vehicle or for use as part of the equipment of a vehicle and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in a vehicle and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred;
“supply” includes supply by way of sale, hire, loan or otherwise.
Annotations
Editorial Notes:
E36
Power pursuant to section exercised (1.04.1991) by Road Traffic (Speed Meter Detectors) Regulations 1991 (S.I. No. 50 of 1991).
Section 10
Control and operation of trailers.
10.—(1) The Minister may make regulations in relation to the control and operation of vehicles drawn by mechanically propelled vehicles.
(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:
(a) the licensing of drawn vehicles;
(b) the payment of specified fees in respect of applications for licences or plates under the regulations and the disposition of such fees;
(c) the conditions subject to which drawn vehicles may be operated in public places;
(d) the keeping of specified records, the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;
(e) the production of the records and certificates to members of the Garda Síochána and specified officers of the Minister.
(3) Different regulations may be made under this section for different circumstances and in respect of different classes of vehicles.
(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 or that on a specified day a licence under the regulations was in force in respect of a specified vehicle 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) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.
Annotations
Modifications (not altering text):
C13
Application of Act extended by Finance Act 1993 (13/1993), s. 60(2), as amended (23.05.1994) by Finance Act 1994 (13/1994), s. 86, commenced on enactment.
Records.
60.—…
[(2) (a) The Minister and all the licensing authorities may jointly establish and maintain records in relation to … licences under section 10 of the Road Traffic Act, 1968…
(b) Records established under this section may contain information derived from registers established under section 6 of the Act of 1920 and shall contain such other information in relation to the licences aforesaid, the holders of the licences, the duties of excise payable thereon and the vehicles licensed under the Act of 1952 as the Minister may determine.
(c) Records referred to in paragraph (a) shall be established and maintained in such form as the Minister may determine including a form that is not legible if it is capable of being converted into a legible form.
(2A) A licensing authority shall furnish to the Minister or another licensing authority such information, in such form and at such times as he directs for the purpose of the establishment and maintenance of records under this section.]
Editorial Notes:
E37
Power pursuant to section exercised (19.09.2023) by Road Traffic (Licensing of Trailers and Semi-Trailers) (Amendment) Regulations 2023 (S.I. No. 450 of 2023)
E38
Power pursuant to section exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023, art. 2(i).
E39
Power pursuant to section exercised (14.07.2017) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 (S.I. No. 320 of 2017), in effect as per reg. 2.
E40
Power pursuant to section exercised (1.01.2016) by Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 (S.I. No. 247 of 2014), in effect as per reg. 1(2).
E41
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).
E42
Power pursuant to section deemed to be exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003), as provided (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023, art. 2(i).
E43
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).
E44
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).
E45
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).
E46
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).
E47
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).
E48
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).
E49
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).
Section 11
Determination of maximum weights.
11.—(1) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle and exhibited thereon a plate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.
(2) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle a certificate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.
(3) Where a person contravenes subsection (1) or (2) he shall be guilty of an offence and, where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.
(4) Where a person charged with an offence under subsection (3) is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that the use was unauthorised.
(5) The owner of a vehicle to which this section applies may apply to the issuing authority for a plate and a certificate under this section in respect of the vehicle.
(6) Where an application is made under subsection (5) the issuing authority shall determine the descriptions of maximum weights which are not to be exceeded in the case of the vehicle or of any combination of vehicles of which it is a part and shall issue a plate and a certificate in the prescribed forms in respect of the vehicle.
(7) The Minister may make regulations for the purpose of giving effect to this section.
(8) Regulations under this section may, in particular and without prejudice to the generality of subsection (7), provide for all or any of the following matters:
(a) the classes of vehicles to which this section applies;
(b) exempting from subsections (1) and (2) the use of vehicles for specified purposes or in specified circumstances;
(c) the specifying of the persons to be issuing authorities for the purposes of this section;
(d) the manner in which maximum weights shall be determined, the manner in which any particulars relevant to such determination shall be ascertained or calculated, and the carrying out of tests for the purpose of such determinations;
(e) the making of applications for plates and certificates under this section and the specifying of conditions subject to which such applications may be made;
(f) the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees;
(g) the keeping of records by specified persons;
(h) the forms and periods of validity of plates and certificates under this section;
(i) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6);
(j) providing, in the event of a specified alteration to a vehicle in respect of which a plate and certificate under this section have been issued, for the surrender of the plate and certificate to a specified person;
(k) the issue by issuing authorities of duplicate plates and certificates under this section in place of plates and certificates lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;
(l) providing in specified cases that the determination of descriptions of maximum weights and other particulars on plates and certificates under this section shall be subject to the general or particular approval of the Minister;
(m) providing for the production to specified officers of the Minister, to members of the Garda Síochána, or to other specified persons of certificates under this section and of records kept under this section.
(9) Regulations under this section may make different provisions for different classes of cases coming within the same matter.
(10) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.
(11) A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence.
(12) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.
Annotations
Modifications (not altering text):
C14
Application of section affected (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(1), commenced on enactment, as amended (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(c), S.I. No. 491 of 2002 and as further amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(c) and table part 3 ref. no. 1 , S.I. No. 86 of 2007. A fine of €2,000 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 reg. no. 1, S.I. No. 662 of 2011.
Increase of certain penalties under Act of 1968, etc.
4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding [€2000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
…
Editorial Notes:
E50
Power pursuant to section exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2. Confirmed (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(5), S.I. No. 392 of 2023, art. 2(i).
E51
Power pursuant to section exercised (14.07.2017) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2017 (S.I. No. 320 of 2017), in effect as per reg. 2.
E52
Power pursuant to section exercised (1.01.2016) by Road Traffic (Plating and Speed Rating of Agricultural Vehicles) Regulations 2014 (S.I. No. 247 of 2014), in effect as per reg. 1(2).
E53
Power pursuant to section deemed to be exercised (16.01.2003) by Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003), as provided (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 59(1), S.I. No. 392 of 2023, art. 2(i).
Section 12
Inspection and examination of vehicles.
12.—(1) (a) Whenever an authorised officer of the Minister observes a mechanically propelled vehicle or a combination of vehicles in a public place he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may, subject to regulations under this section, do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary.
(b) A person who contravenes a requirement of an authorised officer of the Minister under this subsection or who obstructs such an authorised officer in the performance of his functions under this subsection shall be guilty of an offence.
(2) (a) Whenever the Minister has reasonable grounds for believing that a mechanically propelled vehicle or a combination of vehicles has been used in a public place, he may require the owner of the vehicle or combination to submit it for examination by a person authorised by the Minister at a time and place and in a condition of loading specified by the Minister.
(b) A person who contravenes a requirement under paragraph (a) or who obstructs an authorised person in the performance of his functions under this subsection shall be guilty of an offence.
(3) The Minister may make regulations for the purpose of giving effect to this section.
(4) Regulations under this section may, in particular and without prejudice to the generality of subsection (3), provide for all or any of the following matters:
(a) the circumstances in which inspections and examinations may be carried out;
(b) the nature of inspections and examinations;
(c) the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out;
(d) the requirements which may be made of persons in charge of vehicles or combinations of vehicles for the purpose of carrying out inspections and examinations;
(e) the authorising of officers of the Minister to be authorised officers for the purposes of this section;
(f) the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section;
(g) the delegation by the Minister to specified persons of his powers under subsection (2) (a);
(h) the keeping of records and the furnishing of reports by authorised persons.
(5) Regulations under this section may make different provisions for different classes of vehicles and different circumstances.
(6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner thereof, the owner shall also be guilty of an offence.
(7) In this section “examination” includes test.
Annotations
Modifications (not altering text):
C15
Application of section affected (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(1), commenced on enactment, as amended (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(c), S.I. No. 491 of 2002 and as further amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(b) and table part 3 ref. no. 1, S.I. No. 86 of 2007. A fine of €2,000 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 reg. no. 1, S.I. No. 662 of 2011.
Increase of certain penalties under Act of 1968, etc.
4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding [€2000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
…
Section 13
Inspection and examination of vehicles in large fleets.
13.—F2[(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.]
(2) The Minister may make regulations—
(a) requiring a person to whom this section applies to arrange, in accordance with a scheme approved by the Minister, for the inspection and examination from time to time of the vehicles (or a specified class thereof) owned or operated by that person,
(b) providing for the keeping of records of such inspections and examinations and of the action taken to remedy any defects discovered in the course of such inspections and examinations, and
(c) providing for the production of such records to officers of the Minister.
(3) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.
Annotations
Amendments:
F2
Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(2), commenced on enactment.
Section 14
Approval marks.
14.—(1) F3[…]
(2) F3[…]
(3) F3[…]
(4) (a) The Minister may by regulations specify the conditions (including payment of fees) subject to which approval of a type may be given on behalf of the State or subject to which the use of approval marks indicating conformity of a vehicle part with a type approved by the State may be authorised, and may provide for the disposition of fees.
(b) Different regulations may be made under this subsection in respect of different classes of cases.
(5) In this section—
“vehicle part” means any article made or adapted for use as part of either a mechanically propelled vehicle or a vehicle drawn thereby, or for use as part of the equipment of either of such vehicles, and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in either of such vehicles;
“the competent authority” means—
(a) as respects any approval mark indicating conformity with a type approved by the State, the Minister, and
(b) as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark;
“conformity of a vehicle part with a type approved” includes conformity of a vehicle, fitted with the part in question, with a type vehicle approved as respects only the requirement or requirements which the part enables the vehicle to fulfil.
Annotations
Amendments:
F3
Repealed (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 4 and sch. 2, S.I. No. 178 of 2007.
Section 15
Obligatory penalty for excess weight.
15.—F4[(1) Where—
(a) a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,
(b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and
(c) the excess weight during such use was not less than 1,000 kilograms,
the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.]
(2) A penalty imposed under this section shall be paid to the road authority responsible for the maintenance of the road on which the offence was committed.
(3) Where a sum becomes recoverable under section 17 of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the sum shall be reduced by the amount of the penalty.
(4) Where damages become recoverable under section 93 (8) of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the damages shall be reduced by the amount of the penalty.
(5) In this section—
“excess weight” means—
(a) in the case of a single vehicle, the excess of the weight laden (within the meaning of the relevant regulations) of the vehicle over the maximum weight laden of the vehicle specified by the relevant regulations applying in relation to the vehicle,
(b) in the case of a combination of vehicles, the excess of the weight laden (within the meaning of the relevant regulations) of the combination over the maximum weight laden of the combination specified by the relevant regulations applying in relation to the combination, together with the excess weight (if any) of each of the individual vehicles forming the combination as calculated in the manner specified in paragraph (a);
“relevant regulations” means the regulations for the time being in force under section 12 of the Principal Act.
F5[TABLE
Where the excess weight is not less than 1,000 kilograms
but is less than 2,000 kilograms
€500
Where the excess weight is not less than 2,000 kilograms
but is less than 3,000 kilograms
€1,000
Where the excess weight is not less than 3,000 kilograms
but is less than 4,000 kilograms
€1,500
Where the excess weight is not less than 4,000 kilograms
but is less than 5,000 kilograms
€3,000
Where the excess weight is 5,000 kilograms or more
€5,000]
Annotations
Amendments:
F4
Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(3), commenced on enactment.
F5
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 84, S.I. No. 255 of 2011.
Editorial Notes:
E54
Previous affecting provision: table substituted (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002; substituted as per F-note above.
E55
Previous affecting provision: table substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 4(4), commenced on enactment; substituted as per E-note above.
Section 16
Extension of powers of authorised officer under section 16 of Principal Act.
16.—(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended—
(a) to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and
(b) to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as—
(i) the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or
(ii) the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road.
(2) A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).
Section 17
Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.
17.—(1) The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—
(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of a mechanically propelled vehicle to produce in prescribed cases such certificate under this Part as may be prescribed and any other prescribed document for the purposes of this Part,
(b) power to make regulations providing for the insertion in prescribed cases by the licensing authority of prescribed particulars on certificates and documents mentioned in paragraph (a).
(2) In this section “licensing authority” means the council of a county or the corporation of a county borough.
ROAD TRAFFIC ACT 2004
Section 26
Permits.
26.—(1) Section 35(2) of the Act of 1994 is amended by inserting after paragraph (s) the following:
“(t) the issue of permits at a prescribed charge by a local authority, or any other body authorised by the Minister to issue such permits, for the purpose of—
(i) exempting permit holders from restrictions or prohibitions on parking applied under this section,
(ii) allowing for the parking of vehicles by permit holders at specified locations, or
(iii) exempting permit holders from the application of prohibitions and restrictions to specified traffic from entering or using specified roads, and
separate charges may be prescribed in respect of different permits.”.
(2) The following subsection is inserted after subsection (6) of section 35 of the Act of 1994:
“(7) A permit issued under regulations made under subsection (2)(t) may be inspected, at all reasonable times, by a member of the Garda Síochána or (other than in respect of a permit issued under regulations made under subsection (2)(t)(iii)) a traffic warden.
(8) A person who, without reasonable excuse, fails or refuses to permit the inspection of a permit referred to in subsection (7) is guilty of an offence.”.
Section 27
Exemptions for emergency vehicles.
27.—F19[…]
Annotations
Amendments:
F19
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(2), S.I. No. 543 of 2011.
Section 28
Functions of Commissioner of Garda Síochána.
28.—F20[…]
Annotations
Amendments:
F20
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(2), S.I. No. 255 of 2011.
Section 29
Amendment of section 84 of Principal Act (bye-laws in relation to taxi stands).
29.—Section 84 (inserted by section 15 of the Act of 2002) of the Principal Act is amended by substituting in subsection (11) for the definition of “local authority” the following:
“‘local authority’ means a county council, a city council or a town council (within the meaning of the Local Government Act 2001) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;”.
Annotations
Modifications (not altering text):
C17
References to “county council”, “city council” and “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2) and 25(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.
…
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.
…
Section 30
Supply of mechanically propelled vehicles to minor.
30.—(1) A person shall not supply a mechanically propelled vehicle—
(a) to a person who is under the age of 16 years, or
(b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years.
F21[(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.]
(3) In this section “supply”, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.
Annotations
Amendments:
F21
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 88, S.I. No. 255 of 2011. A fine of €5,000 translates into a class A fine, not greater than €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.
Section 31
Power of road authority to provide and maintain certain equipment, etc., on public roads.
31.—(1) A road authority may, with the consent of the Commissioner or at his or her request, provide and maintain on public roads in their charge any equipment or structure which the authority consider desirable for the detection of offences under the Road Traffic Acts 1961 to 2004.
(2) Section 42 of the Act of 1994 is repealed.
Section 32
“registered owner”.
32.—Section 3(1) of the Principal Act is amended by substituting for the definition of “registered owner” the following:
“‘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;”.
Section 33
Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.
33.—F22[…]
Annotations
Amendments:
F22
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 61(9), S.I. No. 543 of 2011.
ROAD TRAFFIC ACT 2014
PART 5
Miscellaneous
Interference with odometer of mechanically propelled vehicle
14. (1) A person shall not interfere or attempt to interfere with the odometer of a mechanically propelled vehicle.
(2) A person who contravenes, or who procures another person to contravene, subsection (1) commits an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 3 months, or to both.
(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under this section he or she may arrest the person without warrant.
(4) Where a person is charged with an offence under this section it shall be a defence to show that at the time of the alleged offence the person was acting in good faith in order to test, repair or replace the odometer of the mechanically propelled vehicle.
(5) In this section “odometer”, in relation to a mechanically propelled vehicle, means the device that measures and records the distance travelled by the vehicle but does not include an auxiliary device capable of being reset to measure and record individual journeys.
Section 23
Amendment of section 87 of Act of 2010 — exemptions for emergency vehicles
23. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:
“(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—
(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or
(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,
where such use does not endanger the safety of road users.”.
ROAD TRAFFIC AND ROADS ACT 2023
PART 12
Powered personal transporters and pedal cycles
Amendment of section 3 of Act of 1961
16. Section 3 of the Act of 1961 is amended—
(a) in the definition of “driving”, by the substitution of “bicycle, tricycle or powered personal transporter” for “bicycle or tricycle”,
(b) in the definition of “mechanically propelled vehicle”—
(i) by the substitution of the following paragraph for paragraph (a):
“(a) a bicycle or tricycle—
(i) with an attachment for propelling it solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour, or
(ii) capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—
(I) which has a maximum continuous rated power greater than 0.25 kilowatts, and
(II) the output of which cuts off when the physical exertions stop,”,
and
(ii) by the insertion of “, or a powered personal transporter” after “permanent rails”,
(c) by the substitution of the following definition for the definition of “pedal bicycle”:
“‘pedal bicycle’ means—
(a) a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or
(b) a bicycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—
(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and
(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the bicycle reaches the speed of 25 kilometres per hour;”,
(d) by the substitution of the following definition for the definition of “pedal tricycle”:
“‘pedal tricycle’ means—
(a) a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or
(b) a tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—
(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and
(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the tricycle reaches the speed of 25 kilometres per hour;”,
(e) by the insertion of the following definition:
“‘powered personal transporter’ means, subject to subsection (1A), a vehicle—
(a) designed and constructed for the carriage of a single person, but not designed or constructed for a person with restricted mobility or for the carriage of goods,
(b) with a maximum weight unladen of 25 kilograms,
(c) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and
(d) equipped with an electric motor having a maximum continuous rated power, or electric motors having a combined maximum continuous rated power, of less than or equal to 0.5 kilowatts,
but not including a vehicle referred to in paragraph (b) of the definition of pedal bicycle or in paragraph (b) of the definition of pedal tricycle;”,
(f) in the definition of “vehicle”, by the insertion of “a powered personal transporter,” after “mechanically propelled vehicle,”, and
(g) by the insertion of the following subsection after subsection (1):
“(1A) The Minister may prescribe, for powered personal transporters or different classes of them, a maximum weight unladen, a maximum design speed, or a maximum continuous rated power or combined maximum continuous rated power different to the weight, speed or rated power referred to in the definition of ‘powered personal transporter’ in subsection (1).”.
Amendment of section 14 of Act of 1961
17. Section 14 of the Act of 1961 is amended—
(a) in subsection (1), by the insertion of “subject to subsection (1A),” after “this Act,” and
(b) by the insertion of the following subsection after subsection (1):
“(1A) Where a vehicle referred to in subsection (1) is a powered personal transporter and has an accumulator that is a battery, the weight of the accumulator shall be considered to be included in the weight unladen of the powered personal transporter.”.
Amendment of section 20 of Act of 1961
18. Section 20 of the Act of 1961 is amended—
(a) in subsection (6)—
(i) by the insertion of “or powered personal transporter” after “pedal cycle”, and
(ii) by the insertion of “or transporter” after “the cycle”,
(b) in subsection (7)—
(i) in paragraph (a), by the insertion of “or powered personal transporter” after “pedal cycle”, and
(ii) in paragraph (b), by the insertion of “or powered personal transporter” after “pedal cycle”,
(c) in subsection (8)—
(i) by the insertion of “or a powered personal transporter” after “pedal cycle”,
(ii) in paragraph (a), by the insertion of “or transporter” after “cycle”, and
(iii) in paragraph (b), by the insertion of “or transporter” after “cycle”,
(d) in subsection (16)—
(i) in paragraph (a), by the insertion of “or transporter” after “cycle”, and
(ii) in paragraph (b), by the insertion of “or transporter” after “cycle”,
and
(e) in subsection (17), in paragraph (b), by the insertion of “or transporter” after “cycle”.
Amendment of section 47 of Act of 1961
19. Section 47 of the Act of 1961 is amended in subsection (1)—
(a) by the insertion of “or a powered personal transporter” after “mechanically propelled vehicle”,
(b) in paragraph (a), by the insertion of “or transporter, as the case may be” after “vehicle”, and
(c) in paragraph (b)—
(i) by the insertion of “or transporter” after “the vehicle”, and
(ii) by the insertion of “, or transporter, as the case may be” after “that vehicle”.
Amendment of section 48 of Act of 1961
20. Section 48 of the Act of 1961 is amended in subsection (1) by the substitution of “vehicle” for “mechanically propelled vehicle”.
Amendment of section 54 of Act of 1961
21. Section 54 of the Act of 1961 is amended—
(a) in subsection (1)—
(i) by the insertion of “, a powered personal transporter,” after “mechanically propelled vehicle”, and
(ii) by the insertion of “, transporter,” after “the vehicle” in both places in which it occurs,
(b) in subsection (2)—
(i) by the insertion of “, a powered personal transporter,” after “mechanically propelled vehicle”, and
(ii) by the insertion of “, transporter,” after “the vehicle” in both places in which it occurs,
and
(c) in subsection (3), by the insertion of “, transporter,” after “the vehicle”.
Amendment of section 99 of Act of 1961
22. Section 99 of the Act of 1961 is amended—
(a) in subsection (1), by the substitution of “Subject to subsection (1A), a person” for “A person”, and
(b) by the insertion of the following subsection after subsection (1):
“(1A) Subsection (1) shall not apply to a person who holds on to a moving vehicle in a public place for the purposes of driving it.”.
Driver of powered personal transporter holding on to other vehicle
23. The Act of 1961 is amended by the insertion of the following section after section 100:
“100A. (1) A person on a powered personal transporter in a public place shall not hold on to any other vehicle which is in motion or hold on to any person or thing on, in, or attached to, any such vehicle.
(2) A person who contravenes subsection (1) shall be guilty of an offence.”.
Amendment of section 107 of Act of 1961
24. Section 107 of the Act of 1961 is amended—
(a) in subsection (1), by the substitution of “vehicle” for “mechanically propelled vehicle or a pedal cycle”, and
(b) in subsection (4), by the substitution of “vehicle” for “mechanically propelled vehicle or a pedal cycle”.
Amendment of section 108 of Act of 1961
25. Section 108 of the Act of 1961 is amended—
(a) by the insertion of “or a powered personal transporter” after “pedal cycle”, and
(b) by the insertion of “or transporter” after “the cycle”.
Amendment of section 110 of Act of 1961
26. Section 110 of the Act of 1961 is amended by the substitution of “vehicle” for “mechanically propelled vehicle”.
Amendment of section 112 of Act of 1961
27. Section 112 of the Act of 1961 is amended in subsection (3) by the insertion of “or a powered personal transporter” after “pedal cycle”.
Amendment of section 113 of Act of 1961
28. Section 113 of the Act of 1961 is amended—
(a) in subsection (1), by the substitution of “vehicle” for “mechanically propelled vehicle”, and
(b) in subsection (4), by the substitution of “vehicle” for “mechanically propelled vehicle”.
Amendment of Second Schedule to Act of 1961
29. The Second Schedule to the Act of 1961 is amended—
(a) by the substitution of the following paragraph for paragraph 3:
“3. An offence by a person under section 48—
(a) where the vehicle which the person drove, or attempted to drive, in contravention of that section was a mechanically propelled vehicle, and
(b) the offence was committed during a period of 3 years in which the person committed a previous offence, of which he or she was convicted, of driving or attempting to drive a mechanically propelled vehicle in contravention of that section.”,
(b) by the substitution of the following paragraph for paragraph 6:
“6. (a) Subject to subparagraph (b), an offence under section 12 , 13B or 14 of the Road Traffic Act 2010 .
(b) Subparagraph (a) shall not include an offence under section 12 of the Road Traffic Act 2010 , where the person convicted of the offence was arrested under—
(i) section 6 (4) of the Road Traffic Act 2010 ,
(ii) section 10 (7) of the Road Traffic Act 2010 , where the vehicle of which the person was in charge, referred to in section 10(4) of that Act, was a vehicle other than a mechanically propelled vehicle,
(iii) section 52(3), where the vehicle the person was driving in contravention of section 52(1) was a vehicle other than a mechanically propelled vehicle,
(iv) section 53(5), where the vehicle the person was driving in contravention of section 53(1) was a vehicle other than a mechanically propelled vehicle, or
(v) section 112(6), for committing an offence under section 112(4).”,
and
(c) by the substitution of the following paragraph for paragraph 9:
“9. An offence by a person under section 54—
(a) other than—
(i) an offence of driving a powered personal transporter in contravention of section 54(1), or
(ii) an offence under section 54(2), where the vehicle driven in contravention of that subsection is a powered personal transporter,
and
(b) the offence is committed during a period of 3 years in which the person committed a previous offence under section 54 (other than an offence described in subparagraph (a) of this paragraph) of which he or she was convicted.”.
Amendment of section 35 of Act of 1994
30. Section 35 of the Act of 1994 is amended in subsection (2)—
(a) in each of paragraphs (c) and (d), by the insertion of “or powered personal transporters” after “pedal cycles”,
(b) in paragraph (h), by the insertion of “, powered personal transporters,” after “mechanically propelled vehicles”,
(c) in paragraph (t), by the substitution of “of permits;” for “of permits.”, and
(d) by the insertion of the following paragraph after paragraph (t):
“(u) prohibiting, or restricting the use of, powered personal transporters in traffic.”.
Amendment of section 38 of Act of 1994
31. Section 38 of the Act of 1994 is amended in subsection (9) in the definition of “traffic calming measures”—
(a) in paragraph (a), by the insertion of “or powered personal transporters” after “mechanically propelled vehicles”, and
(b) in paragraph (b)—
(i) by the insertion of “or powered personal transporters” after “mechanically propelled vehicles”, and
(ii) by the insertion of “, people driving powered personal transporters,” after “pedestrians”.
Amendment of section 41 of Act of 1994
32. Section 41 of the Act of 1994 is amended in subsection (1)—
(a) by the substitution of “, in the case of paragraphs (a) to (f), a mechanically propelled vehicle in use in a public place and, in the case of paragraph (g), a powered personal transporter in use in a public place” for “a mechanically propelled vehicle in use in a public place”,
(b) in paragraph (e), by the deletion of “or” where it lastly occurs,
(c) in paragraph (f), by the substitution of “the vehicle, or” for “the vehicle.”, and
(d) by the insertion of the following paragraph after paragraph (f):
“(g) the powered personal transporter is, or a member of the Garda Síochána is of the opinion that the powered personal transporter is, being so used in contravention of—
(i) any regulations made under section 11 of the Principal Act, or
(ii) subsection (1) or (2) of section 54 of the Principal Act.”.
Amendment of section 4 of Act of 2004
33. Section 4 of the Act of 2004 is amended in subsection (1) by the substitution of “vehicle” for “mechanically propelled vehicle”.
Amendment of section 3 of Road Traffic Act 2006
34. Section 3 of the Road Traffic Act 2006 is amended—
(a) in subsection (1), by the insertion of “, or a powered personal transporter,” after “mechanically propelled vehicle”,
(b) by the insertion of the following subsection after subsection (4):
“(4A) The Minister may, to avoid the impairment of, or interference with, the driving capacity or capabilities of a driver of a powered personal transporter, make regulations in relation to the restriction or prohibition while driving a powered personal transporter in a public place of the use of—
(a) a mobile phone (other than in the circumstances referred to in subsection (1)),
(b) information equipment, or
(c) entertainment equipment.”,
(c) in subsection (5)—
(i) by the substitution of “subsection (4) or (4A)” for “subsection (4)”, and
(ii) by the insertion of “or transporters” after “vehicles”,
(d) in subsection (6), by the substitution of “subsection (4) or (4A)” for “subsection (4)”, and
(e) in subsection (7), by the insertion of “or powered personal transporter” after “mechanically propelled vehicle”.
Amendment of section 6 of Act of 2010
35. Section 6 of the Act of 2010 is amended—
(a) in subsection (1)—
(i) in paragraph (b), by the insertion of “or a powered personal transporter” after “pedal cycle”, and
(ii) by the substitution of “vehicle, cycle or transporter” for “vehicle or cycle”,
and
(b) in subsection (2), in paragraph (b), by the insertion of “or a powered personal transporter” after “a pedal cycle”.
Amendment of section 130 of Finance Act 1992
36. Section 130 of the Finance Act 1992 is amended—
(a) in the definition of “mechanically propelled vehicle”, by the insertion of “a powered personal transporter,” after “but not including”, and
(b) by the insertion of the following definition:
“‘powered personal transporter’ has the same meaning as it has in section 3 of the Road Traffic Act 1961 ;”.
Amendment of section 2 of Act of 1993 – personal powered transporter
37. Section 2 of the Act of 1993 is amended by the insertion of the following definition after the definition of “planning permission”:
“‘powered personal transporter’ has the same meaning as it has in section 3 of the Road Traffic Act 1961 ;”.
Amendment of section 43 of Act of 1993
38. Section 43 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):
“(c) A person shall not drive a powered personal transporter on a motorway.”.
Amendment of section 44 of Act of 1993
39. Section 44 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):
“(c) A person shall not drive a powered personal transporter on a busway.”.
Amendment of section 57 of Act of 1993
40. Section 57 of the Act of 1993 is amended in subsection (2) by the insertion of “powered personal transporters,” after “pedestrians,”.
Amendment of section 68 of Act of 1993
41. Section 68 of the Act of 1993 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this section ‘cycleway’ means a public road or proposed public road reserved for the exclusive use of—
(a) pedal cyclists, or
(b) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.”,
and
(b) by the substitution of the following paragraph for paragraph (b) of subsection (2):
“(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare that the cycleway is for the exclusive use of—
(i) pedal cyclists, or
(ii) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.”.