{"id":12134,"date":"2022-07-16T14:39:16","date_gmt":"2022-07-16T14:39:16","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12134"},"modified":"2024-04-13T19:24:05","modified_gmt":"2024-04-13T19:24:05","slug":"other-driving-offences","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/other-driving-offences\/","title":{"rendered":"Other Driving Offences"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Defective_Vehicle\" title=\"Defective Vehicle\">Defective Vehicle<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Examination\" title=\"Examination\">Examination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Disease_or_Disability_Causing_Danger\" title=\"Disease or Disability Causing Danger\">Disease or Disability Causing Danger<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Diminished_Control\" title=\"Diminished Control\">Diminished Control<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Dangerous_Parking_Obstruction\" title=\"Dangerous Parking &amp; Obstruction\">Dangerous Parking &amp; Obstruction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Moving_Vehicle\" title=\"Moving Vehicle\">Moving Vehicle<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Vehicle_Standards\" title=\"Vehicle Standards\">Vehicle Standards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Driving_Hours\" title=\"Driving Hours\">Driving Hours<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/#Various\" title=\"Various\">Various<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#ROAD_TRAFFIC_ACT_1961\" title=\"ROAD TRAFFIC ACT 1961\">ROAD TRAFFIC ACT 1961<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#Driving_mechanically_propelled_vehicle_when_unfit\" title=\"Driving mechanically propelled vehicle when unfit.\">Driving mechanically propelled vehicle when unfit.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#Driving_of_dangerously_defective_vehicle\" title=\"Driving of dangerously defective vehicle.\">Driving of dangerously defective vehicle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#Parking_vehicle_in_dangerous_position\" title=\"Parking vehicle in dangerous position.\">Parking vehicle in dangerous position.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#ROAD_TRAFFIC_ACT_2010\" title=\"ROAD TRAFFIC ACT 2010\">ROAD TRAFFIC ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/other-driving-offences\/2\/#Driving_or_being_in_charge_of_a_substantially_disabled_mechanically_propelled_vehicle\" title=\"Driving or being in charge of a substantially disabled mechanically propelled vehicle.\">Driving or being in charge of a substantially disabled mechanically propelled vehicle.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Defective_Vehicle\"><\/span>Defective Vehicle<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to drive a mechanically propelled vehicle in a public place where there is a defect of which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle when in motion, is a danger to the public. The owner may also commit an offence if he is not the driver, unless he proves that the driving on the occasion concerned was unauthorised.<\/p>\n<p>The defect must be one which is known or should have been known to the owner.\u00a0 It is a defence to show that the vehicle was driven without the authority of the owner.\u00a0 The offence is subject to a Class A fine or three months imprisonment and\/ or disqualification. \u00a0Disqualification is mandatory on a second or subsequent event within three years.\u00a0 Endorsement on licence is mandatory.<\/p>\n<p>A member of an Garda Siochana who suspects that a vehicle is defective such as to be a danger to the public or unfit in the case of a taxi for carriage of passengers, may inspect and examine the vehicle.\u00a0 They may do such things as are necessary to undertake the examination. A member may arrest withuot warrant.<\/p>\n<p>Generally, in the cases above, it is an offence to use the vehicle in a public place until the requisite defect has been remedied.\u00a0 It is a defence to show that the requisite defect is not such as to make it a danger to the public.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Examination\"><\/span>Examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A Garda may require the vehicle to be brought to a convenient place suitable for the examination and inspection within five miles by the shortest route. \u00a0He may drive the vehicle or require the person in charge to drive and bring it there.<\/p>\n<p>Where \u00a0consequent on an examination and inspection, the member has reasonable grounds for believing that there is a defect which is a danger to the public, he may instruct the person in charge that it is not to be driven until the defect is remedied or required the person to submit it for further examination at a particular place and time, where he has reasonable grounds for believing that there is a defect which renders it unfit for carriage of \u00a0passengers. \u00a0In the case of a public service vehicle, he may require that it not be so used until the defect is remedied<\/p>\n<p>Where a member of an Garda Siochana, consequent on an inspection, has reasonable grounds for believing that there is a defect in a trailer or other vehicle being drawn by a mechanically propelled vehicle, he may make requirements that it is not to be driven in a public place until the defect is remedied.<\/p>\n<p>Members of an Garda Siochana have similar powers in respect of pedal cycles. A member of an Garda Siochana may test or make requirements in relation to \u00a0a pedal cycle for the purpose of test, and may make all such requirements as are reasonably necessary. It is an offence to use a bike in breach of such a requirement subject to a fine and summary conviction up to \u20ac2,000 euro and imprisonment up to three months.<\/p>\n<p>Where a person is required to produce a vehicle above, he has the right to be present at the examination.\u00a0 If he elects to so do, he must be afforded the opportunity to observe the examination.\u00a0 He has the right to bring a further person with him to the examination who may also observe it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disease_or_Disability_Causing_Danger\"><\/span>Disease or Disability Causing Danger<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to drive a mechanically propelled vehicle in a public place when the driver, to his knowledge, suffers from a disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in the public place to be a source of danger to the public.\u00a0 Danger to the public is\u00a0 an objective matter, having regard to the circumstances.\u00a0 Medical evidence of incapacity would be important.<\/p>\n<p>The offence is subject on summary conviction to a fine up to \u20ac1000 or imprisonment up to one month for a first offence and a fine up to \u20ac2000 and imprisonment up to 3 months for subsequent offences. There are three penalty points. The court may apply an ancillary disqualification order on conviction.<\/p>\n<p>Separately, an application may be made for a special disqualification order in independent proceedings. See the section on driving licence.<\/p>\n<p>Disqualification is mandatory on a second or subsequent offence within three years of the first conviction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Diminished_Control\"><\/span>Diminished Control<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to use a hand-held mobile phone or similar communications apparatus while driving a mechanically propelled vehicle.<\/p>\n<p>A driver shall not drive when his power or control over the vehicle is diminished by reason of the position of the vehicle or by reason of anything permanently or temporarily carried in the vehicle.\u00a0 A passenger in a vehicle shall not wilfully obstruct or impede a driver without reasonable cause, interfere with the working of the vehicle, or distract the driver\u2019s attention.<\/p>\n<p>A person shall not permit a vehicle or trailer to be opened or to remain open unnecessarily or for passengers to alight with if the position is such is to cause a danger or obstruction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Dangerous_Parking_Obstruction\"><\/span>Dangerous Parking &amp; Obstruction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to park a vehicle in a place where it is likely to cause danger to other persons using the place. \u00a0Parking includes leaving or keeping a vehicle stationary. The vehicle may be an obstruction, such as to cause a danger.\u00a0 It may be so parked that the vehicle would be likely to cause danger to other persons using the place.<\/p>\n<p>A member of an Garda Siochana may arrest a person who has committed an offence without warrant. The first offence is subject to a maximum Class C fine.\u00a0 A first offence of dangerous parking during lighting-up hours or a second or subsequent offence is subject to a Class B fine and\/or one month&#8217;s imprisonment.<\/p>\n<p>Disqualification is optional for the first offence.\u00a0 Disqualification is mandatory where a second or later offence is committed within three years if the offence involves a vehicle which does not comply with the lighting or vehicle regulations.\u00a0 Five penalty points apply if no disqualification is imposed.<\/p>\n<p>It is an offence to do any act by commission or omission which causes or is likely to cause traffic in a public place to be obstructed.It is a defence to show lawful authority for the act concerned or that it was due to an unavoidable accident.<\/p>\n<p>The rest of reasonableness may be applied in respect of a defence.\u00a0 The general penalty applies. A Garda may arrest without a warrant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Moving_Vehicle\"><\/span>Moving Vehicle<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not hold onto, \u00a0get on to or into a moving vehicle in a public place.\u00a0 A breach is an offence.\u00a0 The presence of a reasonable cause is a defence.<\/p>\n<p>It is an offence for a cyclist to hold on to another vehicle other than a pedal bicycle, which no person is driving, which is in motion, or to hold onto anything attached to the vehicle.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vehicle_Standards\"><\/span>Vehicle Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are both domestic regulations and EU-derived regulations on vehicle standards. The legislation has prescribed vehicle-type approvals. The general penalty applies in respect of contravention of the provisions.<\/p>\n<p>It is an offence to use a vehicle in a public place while not in compliance with the regulations. The owner and user may be prosecuted. The vehicle must be maintained in good condition. The general penalty applies on conviction in the District Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Driving_Hours\"><\/span>Driving Hours<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not drive for<\/p>\n<ul>\n<li>a continuous period of more than five-and-a-half hours.<\/li>\n<li>a continuous period of driving amounting in the aggregate to more than 11 hours in any 24-hour period beginning two hours after midnight.<\/li>\n<\/ul>\n<p>Periods of driving must be so arranged that the driver has at least 10 consecutive hours of rest in every 24-hour period.\u00a0 The calculation of times is modified in certain cases.<\/p>\n<p>Time spent by the driver of the vehicle at work other than driving in relation to the vehicle or the load carried, including in the case of a public service vehicle, any time spent in any capacity other than as a driver or as a passenger, is reckoned as time spent on driving.<\/p>\n<p>Where a vehicle is being used in the course of agriculture or forestry operations, time spent driving or working on or in connection with the vehicle while it is not on a public road is not reckoned as time spent driving.<\/p>\n<p>If a person shall not drive or cause or allow person employed by him to drive for an excessive period, a large public service vehicle or vehicle intended or adopted solely for drawing another vehicle or is fitted with a body intended or adopted for the carriage of goods or two or more vehicles successively.<\/p>\n<p>The Minister may make regulations, including regulations providing for the keeping of records, production of records, exhibition of notices, and modification of the regulations in respect of the specific classes of vehicles. Where the Minister is satisfied that bodies, representatives of employers and employees, are in favour of a change to the regulations, variations may be made after consultation with the requisite parties.<\/p>\n<p>These provisions are relevant only to journeys within the State, not covered by EU regulation.\u00a0 See the separate EU regulations in respect of hours of driving, tachographs etc.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various\"><\/span>Various<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are provisions in relation to the prevention of noise. \u00a0A person may not use a vehicle which is excessively noisy as a result of a vehicle or fault.<\/p>\n<p>It is mandatory to give audible warning devices i.e. horns etc. when required.\u00a0 They are not permitted between 11:30 p.m. and 7 a.m. on the roads below certain speed limits.\u00a0 There are exceptions where necessary to prevent immediate danger.\u00a0 There are exemptions for the emergency service.<\/p>\n<p>It is an offence to drive a vehicle in any race, speed trial or other competition on a public road or in a manner likely to induce competitors. \u00a0There are exceptions for permitted race trials and competitions with the consent of the local authority.\u00a0 There are also exceptions for legitimate vehicle trials.<\/p>\n<p>It is an offence to leave a vehicle unattended unless the engine is not running, the bonnet is closed and the doors are locked.\u00a0 There are certain exceptions.<\/p>\n<p>It is an offence to drive on a public road in any race speed trial or competition other than one permitted by the local authority with closed roads.<\/p>\n<p>A person shall not drive a vehicle in a public place where his power of control over the vehicle is seriously diminished for any reason, whether by reason of intoxication, drugs, anything carried on the vehicle, the position of a number of passengers in the vehicle or otherwise.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 1961<\/h2>\n<h4>Driving mechanically propelled vehicle when unfit.<\/h4>\n<p>48.\u2014(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.<\/p>\n<p>F121[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, F122[in the case of a first offence, to a fine not exceeding \u20ac1,000] or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, F122[in the case of a second or any subsequent offence, to a fine not exceeding \u20ac2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F121<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(5), commenced on enactment.<\/p>\n<p>F122<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18 and table part 1 ref. no. 6, S.I. No. 86 of 2007. A fine of \u20ac1,000 translates into a class D fine not exceeding \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E530<br \/>\nProspective affecting provision: penalty points in respect of driving vehicle when unfit under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (12\/2002), s. 2 and sch. 1 part 1 ref. no. 8, not commenced as of date of revision.<\/p>\n<p>E531<br \/>\nPrevious affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 7, S.I. No. 491 of 2002, increased as per F-note above.<\/p>\n<p>E532<br \/>\nPrevious affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 55(a), commenced on enactment. S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31\/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.<\/p>\n<p>Section 49<br \/>\nDriving mechanically propelled vehicle while under influence of intoxicating liquor or drug.<\/p>\n<p>49.\u2014F123[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F123<br \/>\nRepealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(a), subject to transitional provisions in s. 30, S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E533<br \/>\nPrevious affecting provision: application of section modified where offence committed but concentration of alcohol does not exceed certain level by Road Traffic Act 2006 (23\/2006), s. 5, not commenced; repealed subject to transitional provision in subs. (3) (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 32(2), S.I. No. 543 of 2011.<\/p>\n<p>E534<br \/>\nPrevious affecting provision: offences under section subject to consequential disqualification orders pending commencement of repeal of section by Road Traffic Act 2010 (25\/2010), s. 65(4)(a) as inserted (28.11.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 10, S.I. No. 542 of 2011.<\/p>\n<p>E535<br \/>\nPrevious affecting provision: fine in subs. (6)(a) increased (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1, ref. no. 7, S.I. No. 86 of 2007; section repealed as per above F-note.<\/p>\n<p>E536<br \/>\nPrevious affecting provision: presumption as to working order of apparatus prescribed in prosecution of offence under section (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 4(8), S.I. No. 384 of 2006; section repealed as per F-note above.<\/p>\n<p>E537<br \/>\nPrevious affecting provision: procedure for authorising and establishing checkpoints for purposes of section prescribed (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 4(2), S.I. No. 384 of 2006; section repealed as per F-note above.<\/p>\n<p>E538<br \/>\nPrevious affecting provision: application of section not restricted (20.01.2005) by Road Traffic Act 2004 (44\/2004), s. 27, S.I. No. 8 of 2005; repealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 87(2), S.I. No. 543 of 2011.<\/p>\n<p>E539<br \/>\nPrevious affecting provision: procedure prescribed where holder of a licence to drive a small public service vehicle is convicted (8.07.2003) by Taxi Regulation Act 2003 (25\/2003), s. 36(5)(b)(ii), commenced on enactment; section repealed as per F-note above.<\/p>\n<p>E540<br \/>\nPrevious affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 55(a), commenced on enactment. S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31\/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.<\/p>\n<p>E541<br \/>\nPrevious affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 10, S.I. No. 350 of 1994.<\/p>\n<p>E542<br \/>\nPrevious affecting provision: obligation to provide breath specimen following arrest and consequential procedure provided (2.12.1994) by Road Traffic Act 1994 (7\/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; section repealed as per F-note above.<\/p>\n<p>E543<br \/>\nPrevious affecting provision: procedure as to evidence in prosecutions under section prescribed (2.12.1994) by Road Traffic Act 1994 (7\/1994), ss. 12(4), 13(4) and 18-24, S.I. No. 350 of 1994; section repealed as per F-note above.<\/p>\n<p>E544<br \/>\nPrevious affecting provision: procedure prescribed for power of entry for purposes of arresting person under subs. (8) (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 39(2), S.I. No. 350 of 1994; section repealed as per F-note above.<\/p>\n<p>E545<br \/>\nPrevious affecting provision: fine in subs. (4)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. no. 8, commenced on enactment. Fine increased as per E-note above.<\/p>\n<p>E546<br \/>\nPrevious affecting provision: section substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), s. 10 subject to transitional provisions in s. 14(4), S.I. No. 192 of 1978; section substituted as per above E-note.<\/p>\n<p>E547<br \/>\nPrevious affecting provision: procedure as to evidence in prosecutions under section prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), ss. 16, 20 and 23(3), S.I. No. 192 of 1978; repealed (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 4(1), S.I. No. 350 of 1994.<\/p>\n<p>E548<br \/>\nPrevious affecting provision: requirements regarding certain evidence in prosecutions under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), ss. 18 and 19(2), S.I. No. 192 of 1978.<\/p>\n<p>E549<br \/>\nPrevious affecting provision: obligation to provide specimen in relation to offence under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), s. 13, S.I. No. 192 of 1978.<\/p>\n<p>E550<br \/>\nPrevious affecting provision: evidentiary requirements in relation to prosecutions under section provided (3.11.1969) by Road Traffic Act 1968 (25\/1968), s. 35, S.I. No. 195 of 1969.<\/p>\n<p>Section 50<br \/>\nBeing in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug.<\/p>\n<p>50.\u2014F124[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F124<br \/>\nRepealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(a), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E551<br \/>\nPrevious affecting provision: offences under section subject to consequential disqualification orders pending commencement of repeal of section by Road Traffic Act 2010 (25\/2010), s. 65(4)(b), (c) as inserted (28.11.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 10, S.I. No. 542 of 2011.<\/p>\n<p>E552<br \/>\nPrevious affecting provision: fine in subs. (6)(a) increased (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 8, S.I. No. 86 of 2007; section repealed as per above F-note.<\/p>\n<p>E553<br \/>\nPrevious affecting provision: presumption as to working order of apparatus in prosecution of offence under section prescribed (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 4(8), S.I. No. 384 of 2006. Section repealed as per above F-note.<\/p>\n<p>E554<br \/>\nPrevious affecting provision: application of section modified where offence committed but concentration of alcohol does not exceed certain level by Road Traffic Act 2006 (23\/2006), s. 5, not commenced; repealed subject to transitional provision in subs. (3) (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 32(2), S.I. No. 543 of 2011.<\/p>\n<p>E555<br \/>\nPrevious affecting provision: application of section not restricted (20.01.2005) by Road Traffic Act 2004 (44\/2004), s. 27, S.I. No. 8 of 2005; repealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 87(2), S.I. No. 543 of 2011.<\/p>\n<p>E556<br \/>\nPrevious affecting provision: procedure prescribed where holder of a licence to drive a small public service vehicle is convicted (8.07.2003) by Taxi Regulation Act 2003 (25\/2003), s. 36(5)(c), commenced on enactment; section repealed as per F-note above.<\/p>\n<p>E557<br \/>\nPrevious affecting provision: fine in subs. (6)(a) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 9, S.I. No. 491 of 2002; subsection amended as per E-note above.<\/p>\n<p>E558<br \/>\nPrevious affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 55(b), commenced on enactment; s. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31\/2005), s. 5 and sch., S.I. No. 215 of 2006.<\/p>\n<p>E559<br \/>\nPrevious affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994, s. 11, S.I. No. 350 of 1994; repealed as per F-note above.<\/p>\n<p>E560<br \/>\nPrevious affecting provision: obligation to provide breath specimen following arrest and consequential procedure provided (2.12.1994) by Road Traffic Act 1994 (7\/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; section repealed as per F-note above<\/p>\n<p>E561<br \/>\nPrevious affecting provision: procedure as to evidence in prosecutions under section prescribed (2.12.1994) by Road Traffic Act 1994 (7\/1994), ss. 12(4), 13(4) and 18-24, S.I. No. 350 of 1994; section repealed as per F-note above.<\/p>\n<p>E562<br \/>\nPrevious affecting provision: procedure prescribed for power of entry for purposes of arresting person under subs. (10) (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 39(2), S.I. No. 350 of 1994; section repealed as per F-note above.<\/p>\n<p>E563<br \/>\nPrevious affection provision: fines in subs. (4)(a) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. nos. 9 and 19, commenced on enactment; increased as per E-note above.<\/p>\n<p>E564<br \/>\nPrevious affection provision: section substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), s. 11 with transitional provisions in s. 14(4), S.I. No. 192 of 1978; superseded as per E-note above.<\/p>\n<p>E565<br \/>\nPrevious affecting provision: procedure as to evidence in prosecutions under section prescribed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), ss. 20, 23(3), S.I. No. 192 of 1978; Act repealed (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 4(1), S.I. No. 350 of 1994.<\/p>\n<p>E566<br \/>\nPrevious affecting provision: requirements regarding certain evidence in prosecutions under section provided (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), ss. 18 and 19(2), S.I. No. 192 of 1978.<\/p>\n<p>E567<br \/>\nPrevious affecting provision: section amended (3.11.1969) by Road Traffic Act 1968 (25\/1968), s. 32, S.I. No. 195 of 1969; section substituted as per E-note above.<\/p>\n<p>E568<br \/>\nPrevious affecting provision: evidentiary requirements in relation to prosecutions under section provided (3.11.1969) by Road Traffic Act 1968 (25\/1968), s. 35, S.I. No. 195 of 1969.<\/p>\n<p>Section 51<br \/>\nDriving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.<\/p>\n<p>51.\u2014F125[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F125<br \/>\nRepealed (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(a), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E569<br \/>\nPrevious affecting provision: fines in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table, part 1 ref. nos. 9, 10; section repealed as per F-note above.<\/p>\n<p>E570<br \/>\nPrevious affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. nos. 10, 11, S.I. No. 491 of 2002; subsection amended as per E-note above.<\/p>\n<p>E571<br \/>\nPrevious affecting provision: subs. (2) substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(6), commenced on enactment; section repealed as per F-note above.<\/p>\n<p>E572<br \/>\nPrevious affecting provision: subs. (2) substituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 48, S.I. No. 169 of 1968; subs. (2) substituted as per E-note above.<\/p>\n<p>&nbsp;<\/p>\n<h4>Driving of dangerously defective vehicle.<\/h4>\n<p>54.\u2014 (1) A person who drives a mechanically propelled F130[vehicle or a combination of vehicles] in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which he or she knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, commits an offence.<\/p>\n<p>(2) Where a mechanically propelled F130[vehicle or a combination of vehicles] is driven in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, such owner commits an offence.<\/p>\n<p>(3) Where a person is charged with an offence under subsection (2), it is a defence to the charge for him or her to show that the F130[vehicle or a combination of vehicles] was being driven on the occasion in question by another person and that such driving was unauthorised.<\/p>\n<p>(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.<\/p>\n<p>(5) Where a member of the Garda S\u00edoch\u00e1na is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.<\/p>\n<p>F131[(6) Where a person is charged with an offence under this section involving a combination of vehicles it shall be presumed, until the contrary is shown, that the owner of the mechanically propelled vehicle was also the owner of any vehicle or vehicles drawn thereby at the time of the alleged offence.]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F129<br \/>\nSubstituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 4(1), S.I. No. 542 of 2011. A class A fine means a fine not exceeding \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>F130<br \/>\nSubstituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 46(b)(i), S.I. No. 105 of 2013.<\/p>\n<p>F131<br \/>\nInserted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 46(b)(ii), S.I. No. 105 of 2013.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E603<br \/>\nPenalty points in respect of driving dangerously defective vehicle under section, on conviction, imposed (1.05.2009) by Road Traffic Act 2002 (12\/2002), s. 2 and sch. 1 part 1 ref. no. 10, S.I. No. 149 of 2009.<\/p>\n<p>E604<br \/>\nPrevious affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 69, not commenced; s. 69 repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 4(2)(e), S.I. No. 542 of 2011.<\/p>\n<p>E605<br \/>\nPrevious affecting provision: fine in subs. (4) increased (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18 and table part 1, ref. no. 14, S.I. No. 86 of 2007; section substituted as per above F-note.<\/p>\n<p>E606<br \/>\nPrevious affecting provision: fine in subs. (4) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 15, S.I. No. 491 of 2002; subsection amended as per E-note above.<\/p>\n<p>E607<br \/>\nPrevious affecting provision: fine in subs. (4) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. no. 13, commenced on enactment. Fine increased as per E-note above.<\/p>\n<p>E608<br \/>\nPrevious affecting provision: subs. (1) deleted and subs. (4) amended (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968; subs. (1) reinserted and subs. (4) substituted as per above F-note.<\/p>\n<p>Section 55<br \/>\nF132[<\/p>\n<h4>Parking vehicle in dangerous position.<\/h4>\n<p>55.\u2014(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.<\/p>\n<p>(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction\u2014<\/p>\n<p>(a) in the case of\u2014<\/p>\n<p>(i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or<\/p>\n<p>(ii) a second or any subsequent offence, to a class B fine or to imprisonment for a term not exceeding one month or to both,<\/p>\n<p>and<\/p>\n<p>(b) in any other case, to a class C fine.<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F132<br \/>\nSubstituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 4(1), S.I. No. 542 of 2011. A class B fine means a fine not exceeding \u20ac4,000 as provided (4.01.2011) by (8\/2010), ss. 3, 5(1), S.I. No. 662 of 2010. A class C fine means a fine not exceeding \u20ac2,500 as provided (4.01.2011) by (8\/2010), ss. 3, 6(1), S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E609<br \/>\nProspective affecting provision: penalty points in respect of parking vehicle in dangerous position under section imposed, on conviction, by Road Traffic Act 2002 (12\/2002), s. 2 and sch. 1 part 1 ref. no. 11, not commenced as of date of revision.<\/p>\n<p>E610<br \/>\nOffence under section designated fixed charge offence and penalty prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022(S.I. No. 526 of 2022), regs. 3, 4(e) and sch. 5 item 4, in effect as per reg. 1(2).<\/p>\n<p>E611<br \/>\nOffence under section declared to be a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(a)(ii).<\/p>\n<p>E612<br \/>\nOptions for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 81(1), S.I. No. 255 of 2011.<\/p>\n<p>E613<br \/>\nPrevious affecting provision: offence under section designated fixed charge offence for purposes of Road Traffic Act 2010, part 3 and penalty prescribed (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b) and sch. 2 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).<\/p>\n<p>E614<br \/>\nPrevious affecting provision: section substituted by Road Traffic Act 2010 (25\/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), ss. 4(2)(e), S.I. No. 542 of 2011.<\/p>\n<p>E615<br \/>\nPrevious affecting provision: fines in subs. (2)(a), (b) increased (2.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1, ref. nos. 15 and 16, S.I. No. 86 of 2007; section substituted as per F-note above.<\/p>\n<p>E616<br \/>\nPrevious affecting provision: fine in subs. (2)(a), (b) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 16, 17, S.I. No. 491 of 2002; section amended as per E-note above.<\/p>\n<p>E617<br \/>\nPrevious affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 21, S.I. No. 491 of 2002, as amended (20.01.2005) by Road Traffic Act 2004 (44\/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 81(10), S.I. No. 255 of 2011.<\/p>\n<p>E618<br \/>\nPrevious affecting provision: fines in subs. (2)(a), (b) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. no. 14, 20, commenced on enactment. Fines increased as per E-note above.<\/p>\n<p>E619<br \/>\nPrevious affecting provision: subs. (1) substituted and subs. (4) inserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 52, S.I. No. 169 of 1968; section substituted as per F-note above.<\/p>\n<p>&nbsp;<\/p>\n<h2>ROAD TRAFFIC ACT 2010<\/h2>\n<p>Section 72<\/p>\n<h4>Driving or being in charge of a substantially disabled mechanically propelled vehicle.<\/h4>\n<p>72.\u2014 Section 3 of the Principal Act is amended by substituting for subsection (2) the following:<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) for all other purposes of this Act as not being a mechanically propelled vehicle.\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12134\" data-postid=\"12134\" class=\"themify_builder_content themify_builder_content-12134 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Defective Vehicle It is an offence to drive a mechanically propelled vehicle in a public place where there is a defect of which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle when in motion, is a danger to the public. The owner [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12134"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12134"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12134\/revisions"}],"predecessor-version":[{"id":35330,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12134\/revisions\/35330"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}