{"id":12153,"date":"2022-07-17T16:18:21","date_gmt":"2022-07-17T16:18:21","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12153"},"modified":"2024-04-13T21:30:08","modified_gmt":"2024-04-13T21:30:08","slug":"specifications-i","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/specifications-i\/","title":{"rendered":"Vehicle Basics"},"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\/specifications-i\/#Length_Width\" title=\"Length &amp; Width\">Length &amp; Width<\/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\/specifications-i\/#Rules_on_Weight\" title=\"Rules on Weight\">Rules on Weight<\/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\/specifications-i\/#Weights\" title=\"Weights\">Weights<\/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\/specifications-i\/#Special_Weight_Controls\" title=\"Special Weight Controls\">Special Weight Controls<\/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\/specifications-i\/#Plates\" title=\"Plates\">Plates<\/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\/specifications-i\/#Lighting_and_Reflection\" title=\"Lighting and Reflection\">Lighting and Reflection<\/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\/specifications-i\/#Further_Regulations\" title=\"Further Regulations\">Further Regulations<\/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\/specifications-i\/#Brakes\" title=\"Brakes\">Brakes<\/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\/specifications-i\/#Nuisance_Noise\" title=\"Nuisance \/ Noise\">Nuisance \/ Noise<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/specifications-i\/#Trailers\" title=\"Trailers\">Trailers<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/specifications-i\/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-12\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/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\/specifications-i\/2\/#General_Provisions_relating_to_Vehicles\" title=\"General Provisions relating to Vehicles.\">General Provisions relating to Vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Regulations_in_relation_to_use_of_vehicles_in_public_places\" title=\"Regulations in relation to use of vehicles in public places.\">Regulations in relation to use of vehicles in public places.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Maximum_weights\" title=\"Maximum weights.\">Maximum weights.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Special_permits_for_particular_vehicles\" title=\"Special permits for particular vehicles.\">Special permits for particular vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Weight_unladen\" title=\"Weight unladen.\">Weight unladen.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Weighbridges\" title=\"Weighbridges.\">Weighbridges.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Requirements_with_respect_to_weighing\" title=\"Requirements with respect to weighing.\">Requirements with respect to weighing.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Expenses_of_extraordinary_traffic\" title=\"Expenses of extraordinary traffic.\">Expenses of extraordinary traffic.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Tests_of_mechanically_propelled_vehicles\" title=\"Tests of mechanically propelled vehicles.\">Tests of mechanically propelled vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Production_of_test_certificate_on_demand\" title=\"Production of test certificate on demand.\">Production of test certificate on demand.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Powers_of_occasional_examination_inspection_and_test\" title=\"Powers of occasional examination, inspection and test.\">Powers of occasional examination, inspection and test.<\/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-24\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#ROAD_TRAFFIC_ACT_1968\" title=\"ROAD TRAFFIC ACT 1968\">ROAD TRAFFIC ACT 1968<\/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-25\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#General_Provisions_Relating_to_Vehicles\" title=\"General Provisions Relating to Vehicles\">General Provisions Relating to Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Control_of_importation_etc_of_vehicle_parts\" title=\"Control of importation, etc., of vehicle parts.\">Control of importation, etc., of vehicle parts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Control_and_operation_of_trailers\" title=\"Control and operation of trailers.\">Control and operation of trailers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Determination_of_maximum_weights\" title=\"Determination of maximum weights.\">Determination of maximum weights.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Inspection_and_examination_of_vehicles\" title=\"Inspection and examination of vehicles.\">Inspection and examination of vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Inspection_and_examination_of_vehicles_in_large_fleets\" title=\"Inspection and examination of vehicles in large fleets.\">Inspection and examination of vehicles in large fleets.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Approval_marks\" title=\"Approval marks.\">Approval marks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Obligatory_penalty_for_excess_weight\" title=\"Obligatory penalty for excess weight.\">Obligatory penalty for excess weight.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Extension_of_powers_of_authorised_officer_under_section_16_of_Principal_Act\" title=\"Extension of powers of authorised officer under section 16 of Principal Act.\">Extension of powers of authorised officer under section 16 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Extended_power_of_making_regulations_relating_to_application_for_licence_under_Finance_Excise_Duties_Vehicles_Act_1952\" title=\"Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.\">Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.<\/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-35\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#ROAD_TRAFFIC_ACT_2004\" title=\"ROAD TRAFFIC ACT 2004\">ROAD TRAFFIC ACT 2004<\/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-36\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Permits\" title=\"Permits.\">Permits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Supply_of_mechanically_propelled_vehicles_to_minor\" title=\"Supply of mechanically propelled vehicles to minor.\">Supply of mechanically propelled vehicles to minor.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Power_of_road_authority_to_provide_and_maintain_certain_equipment_etc_on_public_roads\" title=\"Power of road authority to provide and maintain certain equipment, etc., on public roads.\">Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/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-39\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#ROAD_TRAFFIC_ACT_2014\" title=\"ROAD TRAFFIC ACT 2014\">ROAD TRAFFIC ACT 2014<\/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-40\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Interference_with_odometer_of_mechanically_propelled_vehicle\" title=\"Interference with odometer of mechanically propelled vehicle\">Interference with odometer of mechanically propelled vehicle<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Section_23\" title=\"Section 23\">Section 23<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_87_of_Act_of_2010_%E2%80%94_exemptions_for_emergency_vehicles\" title=\"Amendment of section 87 of Act of 2010 \u2014 exemptions for emergency vehicles\">Amendment of section 87 of Act of 2010 \u2014 exemptions for emergency vehicles<\/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-43\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#ROAD_TRAFFIC_AND_ROADS_ACT_2023\" title=\"ROAD TRAFFIC AND ROADS ACT 2023\">ROAD TRAFFIC AND ROADS ACT 2023<\/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-44\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Powered_personal_transporters_and_pedal_cycles\" title=\"Powered personal transporters and pedal cycles\">Powered personal transporters and pedal cycles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_3_of_Act_of_1961\" title=\"Amendment of section 3 of Act of 1961\">Amendment of section 3 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_14_of_Act_of_1961\" title=\"Amendment of section 14 of Act of 1961\">Amendment of section 14 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_47_of_Act_of_1961\" title=\"Amendment of section 47 of Act of 1961\">Amendment of section 47 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_54_of_Act_of_1961\" title=\"Amendment of section 54 of Act of 1961\">Amendment of section 54 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Driver_of_powered_personal_transporter_holding_on_to_other_vehicle\" title=\"Driver of powered personal transporter holding on to other vehicle\">Driver of powered personal transporter holding on to other vehicle<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_107_of_Act_of_1961\" title=\"Amendment of section 107 of Act of 1961\">Amendment of section 107 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_108_of_Act_of_1961\" title=\"Amendment of section 108 of Act of 1961\">Amendment of section 108 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_110_of_Act_of_1961\" title=\"Amendment of section 110 of Act of 1961\">Amendment of section 110 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_112_of_Act_of_1961\" title=\"Amendment of section 112 of Act of 1961\">Amendment of section 112 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_113_of_Act_of_1961\" title=\"Amendment of section 113 of Act of 1961\">Amendment of section 113 of Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_Second_Schedule_to_Act_of_1961\" title=\"Amendment of Second Schedule to Act of 1961\">Amendment of Second Schedule to Act of 1961<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_35_of_Act_of_1994\" title=\"Amendment of section 35 of Act of 1994\">Amendment of section 35 of Act of 1994<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_38_of_Act_of_1994\" title=\"Amendment of section 38 of Act of 1994\">Amendment of section 38 of Act of 1994<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_4_of_Act_of_2004\" title=\"Amendment of section 4 of Act of 2004\">Amendment of section 4 of Act of 2004<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_3_of_Road_Traffic_Act_2006\" title=\"Amendment of section 3 of Road Traffic Act 2006\">Amendment of section 3 of Road Traffic Act 2006<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_6_of_Act_of_2010\" title=\"Amendment of section 6 of Act of 2010\">Amendment of section 6 of Act of 2010<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#36_Section_130_of_the_Finance_Act_1992_is_amended%E2%80%94\" title=\"36. Section 130 of the Finance Act 1992 is amended\u2014\">36. Section 130 of the Finance Act 1992 is amended\u2014<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_2_of_Act_of_1993_%E2%80%93_personal_powered_transporter\" title=\"Amendment of section 2 of Act of 1993 &#8211; personal powered transporter\">Amendment of section 2 of Act of 1993 &#8211; personal powered transporter<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_43_of_Act_of_1993\" title=\"Amendment of section 43 of Act of 1993\">Amendment of section 43 of Act of 1993<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_44_of_Act_of_1993\" title=\"Amendment of section 44 of Act of 1993\">Amendment of section 44 of Act of 1993<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_57_of_Act_of_1993\" title=\"Amendment of section 57 of Act of 1993\">Amendment of section 57 of Act of 1993<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/specifications-i\/2\/#Amendment_of_section_68_of_Act_of_1993\" title=\"Amendment of section 68 of Act of 1993\">Amendment of section 68 of Act of 1993<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Length_Width\"><\/span>Length &amp; Width<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Road traffic regulations make very detailed provisions regarding all matters affecting vehicles, trailers, track-laying devices, and tractors.\u00a0 There are provisions for special permits for the use of vehicles or trailers which might otherwise breach the regulation.<\/p>\n<p>The maximum weight and dimensions of the vehicle are specified. Subject to conditions, the width of a vehicle must not generally exceed 2.5 m. Public service vehicles may be slightly larger. Combinations of agricultural vehicles and trailers may be wider under certain circumstances. Certain things are excluded and included for the purpose of measuring width.<\/p>\n<p>There are limitations on the length of vehicles and vehicle combinations (vehicle with trailer). The maximum length depends on the class of vehicle (e.g. public service vehicle). Greater lengths are subject to specific conditions.<\/p>\n<p>There are provisions in respect of the overall width of vehicles.\u00a0 Certain items are disregarded such as mirrors, custom seals, retractable steps etc.<\/p>\n<p>There are detailed provisions in respect of trailers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rules_on_Weight\"><\/span>Rules on Weight<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regulations may specify the unladen weight of vehicles either alone or in combination. They may relate to the pressure transmitted to the ground. Regulations may make different provisions for diverse types of vehicles in different circumstances. The regulations make provision for laden and unladen weight for various classes of vehicles.<\/p>\n<p>The owner, user or consignor of the vehicle may be prosecuted. There is a fixed charge penalty of \u20ac200 if paid within 28 days, and on summary conviction, a fine of up to \u20ac2,000 and or imprisonment for three months.<\/p>\n<p>There are mandatory penalties for excess weight over 17,000 kg laden. Penalties are payable to the road authority. The authority may recover damages in the event the penalty is reduced accordingly.<\/p>\n<p>The mandatory penalties are with reference to the excess over the maximum permitted laden weight. There are detailed regulations in respect of weight relative to several factors such as the number of axles and the distance between them.<\/p>\n<p>Certain vehicles must display a certificate or plate with their weight unladen if they are in a public place. Contravention is subject to \u20ac1,000 fine on summary conviction or up to 3 months imprisonment or both.<\/p>\n<p>A person may be required to pay extraordinary expenses incurred by a road authority due to extraordinary traffic. An agreement may be entered for payment of a sum in composition. Proceedings may be commenced generally within 12 months of when the damage is done. They may be recovered in the High Court or concurrently in the Circuit Court.<\/p>\n<p>The local authority, road or canal authority or other person or entity obliged to maintain a bridge may place notices restricting the weights of vehicles which may use it. Users affected may appeal to the Minister\/Department, who may give the appropriate directions.<\/p>\n<p>It is an offence to drive a vehicle or a combination of vehicles over a bridge in contravention of the notice. The owner is liable to pay the authority or entity maintaining the bridge damages accordingly.<\/p>\n<p>Maximum weights may be specified for vehicles using the road by way of the relevant road sign specifying the maximum weight of the vehicle.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Weights\"><\/span>Weights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a maximum permissible drive axle weight of a vehicle of 11.5 tonnes and a maximum laden weight.\u00a0 The heaviest configuration for articulated vehicles with trucks and trailers having six or more axles is generally 44 tonnes, subject to certain protections regarding construction, design, brakes, etc.<\/p>\n<p>The Road Traffic Act allows the Minister to make regulations specifying the maximum weight of vehicles laden and unladen. \u00a0It may specify the maximum weight that may be transmitted to the ground or any specific area of the ground by wheels, etc.\u00a0 Different regulations may be made for different vehicles or combinations of vehicles.<\/p>\n<p>It is an offence to use a vehicle in breach of the weight regulations.\u00a0 The owner or the consignor loading the goods may be guilty. \u00a0Fixed charge penalties may be used.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Special_Weight_Controls\"><\/span>Special Weight Controls<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Special permits are permitted for certain vehicles which would otherwise contravene the regulations. The Road Traffic (Specialised Vehicle Permits) Regulations introduced a system of permitting administered by the Gardai for the movement of wide and long vehicles not exceeding 27 metres in length and 4.3 metres in width on major interurban routes.<\/p>\n<p>Certain vehicles may not be used in a public place without a certificate and a plate indicating the maximum weights for which they are designed.\u00a0 Manufacturer plates may be present, but if they are not in certain circumstances, substitute weight plates must be provided.<\/p>\n<p>The unladen weight of a vehicle or a combination of vehicles is to be taken as the weight of the vehicle, including all additions but exclusive of water, fuel, or accumulators other than boilers.\u00a0 Additions include any body, part, fitting, or receptacle.<\/p>\n<p>Where an authorised officer observes a vehicle or a combination of vehicles which may exceed the maximum weights, \u00a0they may be required to be weighed at an appointed weighbridge within 25 kilometres.\u00a0 Breach of the requirements with respect to weighing is an offence subject to a fine of up to \u20ac2000 and up to three months imprisonment.<\/p>\n<p>Road authorities may provide traffic weighbridges and mobile weighbridges for use by An Garda Siochana.\u00a0 There are extensive powers for authorised officers to monitor compliance. Every road party owning a weighbridge must maintain it in good order, repair, and ensure that it is accurate.\u00a0 A road authority may charge for weighing of vehicles.<\/p>\n<p>There are certain obligatory penalties that must be paid to the road authority responsible for road maintenance or if certain weight offences are committed.<\/p>\n<p>The authorities have the power to recoup expenditure on the maintenance of roads caused by extraordinary traffic.\u00a0 This applies where extraordinary expenses have or will be incurred in repairing the road by reason of damage caused by excessive weight passing along the road or other extraordinary traffic. \u00a0The sum is recoverable as a debt.<\/p>\n<p>Local authorities, railways or other such companies may protect bridges from undue burdens by limiting the weight or types of vehicles that they may pass over them.\u00a0 A notice may be exhibited.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Plates\"><\/span>Plates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may not use certain categories of vehicles in a public place unless there is a plate exhibited setting out the maximum weights not to be exceeded in the case of vehicles or combinations of vehicles.\u00a0 A person may not use such a vehicle unless there is a certificate indicating the maximum permissible weight.\u00a0 Application may be made to the authority for a plate and certificate. The licensing authority may determine the maximum weights, which are not to be exceeded in the case of a vehicle or combination of vehicles.\u00a0 Regulations may provide for exemptions.<\/p>\n<p>Authorised officers may inspect and examine vehicles for the purpose of ascertaining compliance with the above provisions.\u00a0 Owners may be required to submit to examination on the spot in public places.\u00a0 Failure to cooperate is effectively an offence.<\/p>\n<p>The Minister may make regulations designating markings to be applied to vehicles or vehicle parts in accordance with international agreements.<\/p>\n<p>There is provision for imposition of fixed penalties where persons are convicted of using vehicles in excess of certain maximum laden weighs.\u00a0 There is a table of fixed penalties apart from the penalty which may be imposed by law.\u00a0 The penalty is graduated for \u20ac500 up to \u20ac5,000 depending on the excess weight.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Lighting_and_Reflection\"><\/span>Lighting and Reflection<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are detailed requirements with respect to the lighting of vehicles.\u00a0 Light, lamps and reflectors must be maintained.\u00a0 They must comply with the detailed provisions of the legislation.<\/p>\n<p>There are requirements in respect of mirrors and reflectors. There are obligations in respect of reflectors.\u00a0 There are also restrictions on unauthorised reflectors and detailed sizes, locations, etc. and compliance requirements by reflectors.<\/p>\n<p>Vehicles of various classes must have lights and reflectors of certain types. They must work and be used. Certain lights are required for signalling. Brake lights are required.<\/p>\n<p>Lights and reflectors must be fitted and maintained in good working order and capable of use. Internal lights are required. There are detailed requirements regarding the colour positioning and effectiveness of lights.<\/p>\n<p>The identification marks must be illuminated. There are minimum requirements for lighting. It is an offence to use vehicles not equipped with the required lighting. Equipment obligations apply in respect of trailers. There are requirements with respect to reflectors.<\/p>\n<p>There are obligations to have lights switched on during lighting-up hours or when atmospheric conditions cause reduced visibility, or they are otherwise so required.<\/p>\n<p>There are requirements to use lighting in some cases when a vehicle is stationary. Lighting may be required if the vehicle is a danger to traffic and is not visible. The requirements of lighting do not apply provided certain conditions are met, including proper lighting in the vicinity and proper parking.<\/p>\n<p>There are detailed specific requirements for agricultural tractors and trailers.<\/p>\n<p>There are requirements with respect to lighting, colour, flashing lights, movement, dips, etc. There are certain exemptions for certain classes of vehicles used during daylight other than on a public road.<\/p>\n<p>Reflection fluorescent markings are required in respect of some vehicles.\u00a0 There is a requirement for a long vehicle sign.<\/p>\n<p>There are requirements in respect of trailers.\u00a0 There are more detailed provisions in respect of small and large public service vehicles.\u00a0 There are detailed provisions in respect of side lamps, spot lamps, markers, identification mark lighting, headlamps and rear projector lamp lighting.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Further_Regulations\"><\/span>Further Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In addition to regulations specifying approved types of vehicles there are specific requirements in respect of the following. The regulations specify detailed requirements in respect thereof<\/p>\n<ul>\n<li>sufficient steering mechanism<\/li>\n<li>mud wings<\/li>\n<li>reversing gear<\/li>\n<li>full view of the road<\/li>\n<li>safety glass in windscreens<\/li>\n<li>windscreen wipers<\/li>\n<li>mirrors<\/li>\n<li>speedometers<\/li>\n<li>horn\/audible warning device<\/li>\n<li>silencer<\/li>\n<li>means to prevent unlawful driving<\/li>\n<li>controls on emissions of noxious material<\/li>\n<li>exhaust fumes<\/li>\n<li>no inessential projections or objects<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Brakes\"><\/span>Brakes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are requirements in respect of brakes and brake performance. Brakes must be able to bring the vehicle to a stop within certain distances at certain speeds. Some vehicles require an emergency brake.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Nuisance_Noise\"><\/span>Nuisance \/ Noise<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Noise suppressors are required under the general vehicle regulations above.<\/p>\n<p>A vehicle may not be used with a loudspeaker\/public address system save with limited exceptions linked to<\/p>\n<ul>\n<li>elections<\/li>\n<li>emergency services<\/li>\n<li>pursuant to a special permit from the local authority<\/li>\n<\/ul>\n<p>It is an offence to sound an audible warning except when reasonably necessary on the grounds of safety. There are additional restrictions between 11:30 PM and 7 AM in urban areas, other than where it is necessary to avoid immediate danger. There are offences regarding emissions of fumes.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trailers\"><\/span>Trailers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are detailed provisions in respect of trailers. There are minimum and maximum distances of separation and requirements with respect to attachments. There are detailed requirements applicable to trailers in terms of suspension wheels, lighting\u00a0 construction et cetera<\/p>\n<p>The Minister may make regulations for the control and operation of vehicles drawn by mechanically propelled vehicles, i.e. trailers.\u00a0 They may provide for<\/p>\n<ul>\n<li>licensing of such vehicles,<\/li>\n<li>payment of specified fees<\/li>\n<li>plates,<\/li>\n<li>conditions of use,<\/li>\n<li>keeping of records<\/li>\n<li>production of certificates.<\/li>\n<\/ul>\n<p>Breach of such regulations is an offence.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 1961<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 16 May 2023<\/p>\n<p>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.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>Section 3<\/p>\n<h4>Interpretation.<\/h4>\n<p>3.\u2014(1) In this Act, save where the context otherwise requires\u2014<\/p>\n<p>\u201cancillary disqualification order\u201d has the meaning specified in subsection (1) of section 27;<\/p>\n<p>\u201cappointed stand\u201d has the meaning specified in subsection (1) of section 84;<\/p>\n<p>\u201cappointed weighbridge\u201d has the meaning specified in subsection (1) of section 15;<\/p>\n<p>\u201capproved guarantee\u201d has the meaning specified in section 63;<\/p>\n<p>\u201capproved policy of insurance\u201d has the meaning specified in section 62;<\/p>\n<p>\u201cbuilt-up area speed limit\u201d has the meaning specified in subsection (4) of section 45;<\/p>\n<p>\u201ccertificate of competency\u201d has the meaning specified in subsection (4) of section 33;<\/p>\n<p>\u201ccertificate of fitness\u201d has the meaning specified in subsection (4) of section 34;<\/p>\n<p>\u201ccertificate of exemption\u201d has the meaning specified in section 68;<\/p>\n<p>\u201ccertificate of guarantee\u201d has the meaning specified in subsection (2) of section 66;<\/p>\n<p>\u201ccertificate of insurance\u201d has the meaning specified in subsection (1) of section 66;<\/p>\n<p>\u201ccombination of vehicles\u201d means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby;<\/p>\n<p>\u201cthe Commissioner\u201d means the Commissioner of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201cconsequential disqualification order\u201d has the meaning specified in subsection (1) of section 26;<\/p>\n<p>\u201ccontravenes\u201d includes refuses or fails to comply with, and \u201ccontravention\u201d shall be construed accordingly;<\/p>\n<p>F1[&#8220;detachable disc&#8221; 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;]<\/p>\n<p>\u201cdriving\u201d includes managing and controlling and, in relation to a bicycle or tricycle, riding, and \u201cdriver\u201d and other cognate words shall be construed accordingly;<\/p>\n<p>F2[&#8220;driving licence&#8221; means\u2014<\/p>\n<p>(a) an Irish driving licence, or<\/p>\n<p>(b) a foreign driving licence;]<\/p>\n<p>F1[\u201cEU roadworthiness certificate\u201d 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;]<\/p>\n<p>F3[\u201cEuropean Economic Area\u201d 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]<\/p>\n<p>\u201cfootway\u201d means that portion of any road which is provided primarily for the use of pedestrians;<\/p>\n<p>F4[&#8220;foreign driving licence&#8221; means a licence or permit to drive a mechanically propelled vehicle\u2014<\/p>\n<p>(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,]<\/p>\n<p>(b) recognised by an order made under section F5[23A(1), or];]<\/p>\n<p>F6[(c) recognised by an order under section 23B;]<\/p>\n<p>F7[&#8220;general speed limit&#8221; means a speed limit under section 44A of this Act;]<\/p>\n<p>\u201chire-drive agreement\u201d means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than\u2014<\/p>\n<p>(a) a hire-purchase F8[or letting] agreement,<\/p>\n<p>(b) an agreement merely for the carriage of persons or goods, or<\/p>\n<p>(c) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;<\/p>\n<p>\u201cthe insured\u201d has the meaning assigned to it in paragraph (a) of subsection (1) of section 62;<\/p>\n<p>F9[&#8220;Irish driving licence&#8221; means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23; ]<\/p>\n<p>\u201clarge public service vehicle\u201d means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;<\/p>\n<p>\u201cmechanically propelled vehicle\u201d means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including\u2014<\/p>\n<p>(a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used,<\/p>\n<p>(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,<\/p>\n<p>but not including a tramcar or other vehicle running on permanent rails;<\/p>\n<p>F1[&#8220;Member State competent authority&#8221; 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;<\/p>\n<p>&#8220;Member State testing centre&#8221; 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;]<\/p>\n<p>F10[&#8220;Minister&#8221; means Minister for Transport;]<\/p>\n<p>\u201cmobile weighbridge\u201d has the meaning specified in subsection (7) of section 15;<\/p>\n<p>F8[&#8220;motorway&#8221; has the meaning assigned to it by the Roads Act, 1993;]<\/p>\n<p>F8[&#8220;motorway speed limit&#8221; has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;]<\/p>\n<p>\u201comnibus\u201d 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;<\/p>\n<p>\u201cordinary speed limit\u201d has the meaning specified in subsection (3) of section 44;<\/p>\n<p>F11[&#8220;owner&#8221;, 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;]<\/p>\n<p>\u201cpark\u201d, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cparking place\u201d has the meaning specified in paragraph (a) of subsection (2) of section 90;<\/p>\n<p>\u201cpedal bicycle\u201d means a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;<\/p>\n<p>\u201cpedal cycle\u201d means a vehicle which is a pedal bicycle or pedal tricycle;<\/p>\n<p>\u201cpedal cyclist\u201d means a person driving a pedal cycle;<\/p>\n<p>\u201cpedal tricycle\u201d means a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;<\/p>\n<p>F12[&#8220;pedestrian controlled vehicle&#8221;] means a mechanically propelled vehicle\u2014<\/p>\n<p>(a) which is neither intended nor adapted for use for carrying the driver or a passenger, or<\/p>\n<p>(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,<\/p>\n<p>except during a period during which it is driven while carrying the driver or a passenger<\/p>\n<p>\u201cperiod of cover\u201d 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);<\/p>\n<p>F3[\u201cpermission to reside\u201d means a permission under section 60(6) of the International Protection Act 2015, which permission is valid;]<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister under this Act;<\/p>\n<p>\u201cprincipal debtor\u201d has the meaning assigned to it in paragraph (a) of subsection (1) of section 63;<\/p>\n<p>F11[&#8220;public place&#8221; means\u2014<\/p>\n<p>(a) any public road, and<\/p>\n<p>(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;]<\/p>\n<p>\u201cpublic road\u201d means a road the responsibility for the maintenance of which lies on a road authority;<\/p>\n<p>\u201cpublic service vehicle\u201d means a mechanically propelled vehicle F13[or combination of vehicles] used for the carriage of persons for reward;<\/p>\n<p>F14[&#8220;registered owner&#8221; 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;]<\/p>\n<p>F3[\u201crelevant person\u201d means a person who has been given a permission to reside;]<\/p>\n<p>\u201cthe repealed Act\u201d means the Road Traffic Act, 1933 (repealed by this Act);<\/p>\n<p>\u201croad\u201d includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof;<\/p>\n<p>F10[&#8220;road authority&#8221; means\u2014<\/p>\n<p>(a) a county council, referred to in Part 1 of Schedule 5,<\/p>\n<p>(b) a city council, referred to in Part 2 of Schedule 5,<\/p>\n<p>(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or<\/p>\n<p>(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,<\/p>\n<p>to the Local Government Act 2001;]<\/p>\n<p>\u201croad traffic weighbridge\u201d has the meaning specified in subsection (4) of section 15;<\/p>\n<p>\u201croadway\u201d means that portion of a road which is provided primarily for the use of vehicles;<\/p>\n<p>F1[&#8220;Roadworthiness Directive&#8221; means Directive 2014\/45\/EU of the European Parliament and of the Council of 3 April 20141;]<\/p>\n<p>\u201csmall public service vehicle\u201d means a public service vehicle which is not a large public service vehicle;<\/p>\n<p>\u201cspecial disqualification order\u201d has the meaning specified in subsection (5) of section 28;<\/p>\n<p>F11[&#8220;special speed limit&#8221; has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;]<\/p>\n<p>\u201cstreet service vehicle\u201d 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];<\/p>\n<p>F16[&#8220;test certificate&#8221; means &#8211;<\/p>\n<p>(a) a certificate issued under section 18, or<\/p>\n<p>(b) an EU roadworthiness certificate;]<\/p>\n<p>\u201cuse\u201d, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;<\/p>\n<p>F17[F18[&#8220;vehicle&#8221; means a mechanically propelled vehicle, a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]]<\/p>\n<p>\u201cvehicle guarantor\u201d has the meaning specified in section 59;<\/p>\n<p>\u201cvehicle insurer\u201d has the meaning specified in section 58.<\/p>\n<p>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\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.]<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(i).<\/p>\n<p>F2<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 56(a), S.I. No. 255 of 2011.<\/p>\n<p>F3<br \/>\nInserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19\/2022), s. 46(a)(ii), S.I. No. 390 of 2022.<\/p>\n<p>F4<br \/>\nInserted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 56(b), S.I. No. 255 of 2011.<\/p>\n<p>F5<br \/>\nSubstituted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19\/2022), s. 46(a)(i)(I), (II), S.I. No. 390 of 2022.<\/p>\n<p>F6<br \/>\nInserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19\/2022), s. 46(a)(i)(III), S.I. No. 390 of 2022.<\/p>\n<p>F7<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F8<br \/>\nInserted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(a)(i) and (ii), S.I. No. 222 of 1994.<\/p>\n<p>F9<br \/>\nInserted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 56(c), S.I. No. 255 of 2011.<\/p>\n<p>F10<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 71(a), (b), S.I. No. 255 of 2011.<\/p>\n<p>F11<br \/>\nSubstituted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(a)(iii), (iv), (v), S.I. No. 222 of 1994.<\/p>\n<p>F12<br \/>\nSubstituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F13<br \/>\nInserted (20.03.2014) by Road Traffic Act 2014 (3\/2014), s. 15, S.I. No. 147 of 2014.<\/p>\n<p>F14<br \/>\nSubstituted (20.01.2005) by Road Traffic Act 2004 (44\/2004), s. 32, S.I. No. 8 of 2005.<\/p>\n<p>F15<br \/>\nSubstituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F16<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(ii).<\/p>\n<p>F17<br \/>\nInserted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 71(c), S.I. No. 255 of 2011.<\/p>\n<p>F18<br \/>\nSubstituted (25.07.2012) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 46(a), S.I. No. 314 of 2012.<\/p>\n<p>F19<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 72, S.I. No. 255 of 2011.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C14<br \/>\nTerms \u201ccounty council\u201d and \u201ccity council\u201d construed (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 9(2), S.I. No. 214 of 2014.<\/p>\n<p>Cesser and amalgamation of certain local government areas<\/p>\n<p>9. &#8230;<\/p>\n<p>(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>C15<br \/>\nTerm \u201ctown council\u201d construed (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 25(2), S.I. No. 214 of 2014.<\/p>\n<p>Dissolution of town councils \u2014 consequential provisions<\/p>\n<p>25. &#8230;<\/p>\n<p>(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\u2014<\/p>\n<p>(a) has not been repealed or otherwise provided for by this Act, or<\/p>\n<p>(b) is neither spent nor obsolete,<\/p>\n<p>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.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E55<br \/>\nA 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.<\/p>\n<p>1 OJ No. L 127, 29.4.2014, p. 51.<\/p>\n<p>PART II.<\/p>\n<h4>General Provisions relating to Vehicles.<\/h4>\n<p>Section 11<\/p>\n<h4>Regulations in relation to use of vehicles in public places.<\/h4>\n<p>11.\u2014(1) The Minister may make regulations in relation to the use of vehicles in public places.<\/p>\n<p>(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 :<\/p>\n<p>(a) the construction of vehicles;<\/p>\n<p>(b) vehicle equipment;<\/p>\n<p>(c) the use and misuse of vehicles and vehicle equipment;<\/p>\n<p>(d) the conditions subject to which vehicles and vehicle equipment may be used;<\/p>\n<p>(e) the duties of drivers of vehicles and passengers therein;<\/p>\n<p>(f) the equipment of such drivers and passengers;<\/p>\n<p>(g) the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles;<\/p>\n<p>(h) particulars to be affixed to or painted on vehicles.<\/p>\n<p>(3) Different regulations may be made under this section\u2014<\/p>\n<p>(a) in respect of different classes of vehicles,<\/p>\n<p>(b) for different circumstances and for different areas.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) In this section \u201cvehicle equipment\u201d 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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C18<br \/>\nApplication of section restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 61, commenced on enactment.<\/p>\n<p>Restriction on application of regulations made under section 11 of Act of 1961.<\/p>\n<p>61.\u2014Regulations made under section 11 of the Act of 1961 shall not apply to a light rail vehicle.<\/p>\n<p>C19<br \/>\nApplication 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.<\/p>\n<p>Grant of public service vehicle licence.<\/p>\n<p>[20. (1)&#8230;<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>&#8230;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E104<br \/>\nCertain 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).<\/p>\n<p>E105<br \/>\nCertain 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).<\/p>\n<p>E106<br \/>\nCertain 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).<\/p>\n<p>E107<br \/>\nPower 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.<\/p>\n<p>E108<br \/>\nPower 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.<\/p>\n<p>E109<br \/>\nImposition 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.<\/p>\n<p>E110<br \/>\nPenalty of \u20ac80 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.<\/p>\n<p>E111<br \/>\nPower 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.<\/p>\n<p>E112<br \/>\nPower 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).<\/p>\n<p>E113<br \/>\nPower 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).<\/p>\n<p>E114<br \/>\nPower 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).<\/p>\n<p>E115<br \/>\nPower 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).<\/p>\n<p>E116<br \/>\nOffence 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 &#8211; Cyclists) Regulations 2015 (S.I. No. 331 of 2015), regs. 3, 4, in effect as per reg. 1(2).<\/p>\n<p>E117<br \/>\nPower 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.<\/p>\n<p>E118<br \/>\nOffence 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).<\/p>\n<p>E119<br \/>\nPower pursuant to section exercised (2.04.2014) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014 (S.I. No. 166 of 2014).<\/p>\n<p>E120<br \/>\nPower pursuant to section exercised (1.10.2012) by Road Traffic (Driving Mirrors &#8211; Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).<\/p>\n<p>E121<br \/>\nCertain 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.<\/p>\n<p>E122<br \/>\nPower 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).<\/p>\n<p>E123<br \/>\nPower pursuant to section (1.10.2012) exercised by Road Traffic (Driving Mirrors &#8211; Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).<\/p>\n<p>E124<br \/>\nPower 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).<\/p>\n<p>E125<br \/>\nPower 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).<\/p>\n<p>E126<br \/>\nPower pursuant to section exercised (8.06.2011) by Road Traffic (Spray-Suppression) Regulations 2011 (S.I. No. 272 of 2011).<\/p>\n<p>E127<br \/>\nPower 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).<\/p>\n<p>E128<br \/>\nPower 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).<\/p>\n<p>E129<br \/>\nPower 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).<\/p>\n<p>E130<br \/>\nPower pursuant to section exercised (21.12.2009) by Road Traffic (Display of Test Disc) Regulations 2009 (S.I. No. 548 of 2009).<\/p>\n<p>E131<br \/>\nPower pursuant to section exercised (14.12.2009) by Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2009 (S.I. No. 487 of 2009).<\/p>\n<p>E132<br \/>\nPower 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).<\/p>\n<p>E133<br \/>\nPower pursuant to section exercised (1.11.2008) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 (S.I. No. 366 of 2008).<\/p>\n<p>E134<br \/>\nPower pursuant to section exercised (29.04.2008) by Road Traffic (Retreaded Tyres) Regulations 2008 (S.I. No. 118 of 2008).<\/p>\n<p>E135<br \/>\nPower 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).<\/p>\n<p>E136<br \/>\nPower pursuant to section exercised (1.07.2007) by Road Traffic (Components and Separate Technical Units) Regulations 2007 (S.I. No. 375 of 2007).<\/p>\n<p>E137<br \/>\nPower 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).<\/p>\n<p>E138<br \/>\nPower 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).<\/p>\n<p>E139<br \/>\nPower 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).<\/p>\n<p>E140<br \/>\nPower 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).<\/p>\n<p>E141<br \/>\nPower 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).<\/p>\n<p>E142<br \/>\nPower 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).<\/p>\n<p>E143<br \/>\nPower 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).<\/p>\n<p>E144<br \/>\nPower 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).<\/p>\n<p>E145<br \/>\nPower 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).<\/p>\n<p>E146<br \/>\nPower 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).<\/p>\n<p>E147<br \/>\nPower 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).<\/p>\n<p>E148<br \/>\nPower 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).<\/p>\n<p>E149<br \/>\nPower 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).<\/p>\n<p>E150<br \/>\nPower 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).<\/p>\n<p>E151<br \/>\nPower 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).<\/p>\n<p>E152<br \/>\nPower 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).<\/p>\n<p>E153<br \/>\nPower 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).<\/p>\n<p>E154<br \/>\nPower 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).<\/p>\n<p>E155<br \/>\nPower 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).<\/p>\n<p>E156<br \/>\nPower 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).<\/p>\n<p>E157<br \/>\nPower 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).<\/p>\n<p>E158<br \/>\nPower 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).<\/p>\n<p>E159<br \/>\nPower 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).<\/p>\n<p>E160<br \/>\nPower 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).<\/p>\n<p>E161<br \/>\nPower 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).<\/p>\n<p>E162<br \/>\nPower 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).<\/p>\n<p>E163<br \/>\nPower 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).<\/p>\n<p>E164<br \/>\nPower 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).<\/p>\n<p>E165<br \/>\nPower pursuant to this section and s. 5 exercised (1.07.1984) by Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984).<\/p>\n<p>E166<br \/>\nPower 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).<\/p>\n<p>E167<br \/>\nPower 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).<\/p>\n<p>E168<br \/>\nPower 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).<\/p>\n<p>E169<br \/>\nPower 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).<\/p>\n<p>E170<br \/>\nPower 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).<\/p>\n<p>E171<br \/>\nPower 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).<\/p>\n<p>E172<br \/>\nPower 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).<\/p>\n<p>E173<br \/>\nPower 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).<\/p>\n<p>E174<br \/>\nPower 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).<\/p>\n<p>E175<br \/>\nPower 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).<\/p>\n<p>E176<br \/>\nPower 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).<\/p>\n<p>E177<br \/>\nPower 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).<\/p>\n<p>E178<br \/>\nPower 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).<\/p>\n<p>E179<br \/>\nPower 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).<\/p>\n<p>E180<br \/>\nPrevious 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).<\/p>\n<p>E181<br \/>\nPrevious 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).<\/p>\n<p>E182<br \/>\nPrevious 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 &#8211; Additional Requirements for Heavy Goods Vehicles) Regulations 2011 (S.I. No. 457 of 2011).<\/p>\n<p>E183<br \/>\nPrevious 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).<\/p>\n<p>E184<br \/>\nPrevious 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).<\/p>\n<p>E185<br \/>\nPrevious 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).<\/p>\n<p>E186<br \/>\nPrevious 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.<\/p>\n<p>E187<br \/>\nPrevious 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).<\/p>\n<p>E188<br \/>\nPrevious 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).<\/p>\n<p>E189<br \/>\nPrevious 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.<\/p>\n<p>E190<br \/>\nPrevious 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.<\/p>\n<p>E191<br \/>\nPrevious 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.<\/p>\n<p>E192<br \/>\nPrevious 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).<\/p>\n<p>E193<br \/>\nPrevious 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).<\/p>\n<p>E194<br \/>\nPrevious 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.<\/p>\n<p>E195<br \/>\nPrevious 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.<\/p>\n<p>E196<br \/>\nPrevious 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).<\/p>\n<p>E197<br \/>\nPrevious 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.<\/p>\n<p>E198<br \/>\nPrevious 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.<\/p>\n<p>E199<br \/>\nPrevious 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).<\/p>\n<p>E200<br \/>\nPrevious 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).<\/p>\n<p>Section 12<\/p>\n<h4>Maximum weights.<\/h4>\n<p>12.\u2014(1) The Minister may make regulations for all or any of the following purposes:<\/p>\n<p>(a) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;<\/p>\n<p>(b) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(2) Different regulations may be made under this section\u2014<\/p>\n<p>(a) in respect of different classes of vehicles or of combinations of vehicles,<\/p>\n<p>(b) for different circumstances.<\/p>\n<p>(3) A person shall not use on a public road\u2014<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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].<\/p>\n<p>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.<\/p>\n<p>(b) A person who is guilty of an offence under this section shall be liable on summary conviction to F27[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>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.<\/p>\n<p>(4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove\u2014<\/p>\n<p>(a) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or<\/p>\n<p>(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.<\/p>\n<p>(4C) In this section &#8220;consignor&#8221; means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles.]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F26<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(2), commenced on enactment.<\/p>\n<p>F27<br \/>\nSubstituted (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 \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>F28<br \/>\nInserted (30.08.1999) by Road Transport Act 1999 (15\/1999), s. 17(1), S.I. No. 264 of 1999.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E201<br \/>\nA 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.<\/p>\n<p>E202<br \/>\nOffence 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).<\/p>\n<p>E203<br \/>\nPower 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).<\/p>\n<p>E204<br \/>\nPower pursuant to section exercised (1.04.2013) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2013 (S.I. No. 43 of 2013).<\/p>\n<p>E205<br \/>\nPenalty 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.<\/p>\n<p>E206<br \/>\nCertain 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.<\/p>\n<p>E207<br \/>\nAdditional 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.<\/p>\n<p>E208<br \/>\nPrevious 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).<\/p>\n<p>E209<br \/>\nPrevious 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.<\/p>\n<p>E210<br \/>\nPrevious 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).<\/p>\n<p>E211<br \/>\nPrevious 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.<\/p>\n<p>E212<br \/>\nPrevious 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.<\/p>\n<p>E213<br \/>\nPrevious 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.<\/p>\n<p>E214<br \/>\nPrevious 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.<\/p>\n<p>E215<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. 1, S.I. No. 491 of 2002. Fine increased as per above F-note.<\/p>\n<p>E216<br \/>\nPrevious 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.<\/p>\n<p>Section 13<\/p>\n<h4>Special permits for particular vehicles.<\/h4>\n<p>13.\u2014(1) The Minister may make regulations for all or any of the following purposes:<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(c) specifying the persons by whom the special permits may be issued;<\/p>\n<p>(d) specifying the manner in which applications for the special permits are to be made.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E217<br \/>\nA 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.<\/p>\n<p>E218<br \/>\nPower pursuant to section exercised (13.06.2007) by Road Traffic (Special Permits for Particular Vehicles) Regulations 2007 (S.I. No. 283 of 2007).<\/p>\n<p>Section 14<\/p>\n<h4>Weight unladen.<\/h4>\n<p>14.\u2014(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.<\/p>\n<p>(2) For the purposes of subsection (1) of this section\u2014<\/p>\n<p>(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:<\/p>\n<p>(i) a body,<\/p>\n<p>(ii) a part,<\/p>\n<p>(iii) a fitting,<\/p>\n<p>(iv) a receptacle,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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, \u201ccombination of the additions\u201d in that paragraph shall, in relation to that occasion, be taken as referring to that addition.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Section 15<\/p>\n<h4>Weighbridges.<\/h4>\n<p>15.\u2014(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.<\/p>\n<p>(b) Any such declaration may be revoked by a subsequent declaration made by the same road authority.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na or an officer of a road authority F29[or an officer of the Minister]) such fees as they may fix from time to time.<\/p>\n<p>(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.<\/p>\n<p>(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 S\u00edoch\u00e1na F29[or an officer of the Minister].<\/p>\n<p>(b) References in this Act to a mobile weighbridge are to a weighbridge under this subsection.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F29<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E219<br \/>\nPower pursuant to this section and s. 5 exercised (12.10.1963) by Road Traffic (Weighbridges) Regulations 1963 (S.I. No. 192 of 1963).<\/p>\n<p>Section 16<\/p>\n<h4>Requirements with respect to weighing.<\/h4>\n<p>16.\u2014(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\u2014<\/p>\n<p>(a) in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination\u2014<\/p>\n<p>(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<\/p>\n<p>(ii) to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment;<\/p>\n<p>(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:<\/p>\n<p>(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;<\/p>\n<p>(ii) to carry the officer to the weighbridge in the vehicle or combination;<\/p>\n<p>(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.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road,<\/p>\n<p>(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<\/p>\n<p>(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:<\/p>\n<p>(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;<\/p>\n<p>(ii) to carry the officer to the weighbridge in the vehicle or combination;<\/p>\n<p>(iii) to unload the vehicle or combination if it has a load or loads;<\/p>\n<p>(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.<\/p>\n<p>(3) For the purposes of subsection (2) of this section\u2014<\/p>\n<p>(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:<\/p>\n<p>(i) a body,<\/p>\n<p>(ii) apart,<\/p>\n<p>(iii) a fitting,<\/p>\n<p>(iv) a receptacle,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>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 \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>(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\u2014<\/p>\n<p>(a) in case the weighbridge was declared to be an appointed weighbridge by one road authority only\u2014that authority, and<\/p>\n<p>(b) in any other case\u2014by 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.<\/p>\n<p>(7) (a) In this section \u201cauthorised officer\u201d means\u2014<\/p>\n<p>(i) a member of the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(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.<\/p>\n<p>F33[or<\/p>\n<p>(iii) an officer of the Minister authorised by the Minister as an authorised officer for the purposes of this section.]<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nSubstituted (30.08.1999) by Road Transport Act 1999 (15\/1999), s. 17(2), S.I. No. 264 of 1999.<\/p>\n<p>F31<br \/>\nSubstituted (18.07.1984) by Road Traffic Act 1984 (16\/1984), s. 3(3), commenced on enactment.<\/p>\n<p>F32<br \/>\nSubstituted (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 \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>F33<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C20<br \/>\nApplication of section extended (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 16, S.I. No. 169 of 1968.<\/p>\n<p>Extension of powers of authorised officer under section 16 of Principal Act.<\/p>\n<p>16.\u2014(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended\u2014<\/p>\n<p>(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<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).<\/p>\n<p>Section 17<\/p>\n<h4>Expenses of extraordinary traffic.<\/h4>\n<p>17.\u2014(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.<\/p>\n<p>(2) Subsection (1) of this section shall have effect subject to the following provisos:<\/p>\n<p>(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;<\/p>\n<p>(b) the subsection shall be construed as not applying to damage caused as a result of\u2014<\/p>\n<p>(i) C\u00f3ras Iompair \u00c9ireann carrying on a passenger road service,<\/p>\n<p>(ii) a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932, or<\/p>\n<p>(iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F34<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Section 18<\/p>\n<h4>Tests of mechanically propelled vehicles.<\/h4>\n<p>18.\u2014(1) A person shall not use in a public place a F35[\u2026] vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.<\/p>\n<p>(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 \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>(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,\u2014<\/p>\n<p>(a) the person on whom the demand was made refused or failed to produce a test certificate then and there, or<\/p>\n<p>(b) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda S\u00edoch\u00e1na to whom such certificate was produced to read and examine it,<\/p>\n<p>it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(6) In this section \u201cthe issuing authority\u201d means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.<\/p>\n<p>(7) The owner of a F35[\u2026] 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 &#8220;test certificate&#8221; in section 3] in respect of the vehicle.<\/p>\n<p>(8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid\u2014<\/p>\n<p>(a) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section,<\/p>\n<p>(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[\u2026] certifying such compliance,<\/p>\n<p>(c) in case the issuing authority is not so satisfied\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(9) The Minister may make regulations for the purpose of giving effect to this section.<\/p>\n<p>(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:<\/p>\n<p>(a) the classes of F35[\u2026] vehicles to which this section applies;<\/p>\n<p>(b) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances;<\/p>\n<p>(c) the specifying of the persons to be issuing authorities for the purposes of this section;<\/p>\n<p>(d) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section;<\/p>\n<p>(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;<\/p>\n<p>(f) the making of applications for F39[certificates referred to in paragraph (a) of the definition of &#8220;test certificate&#8221; in section 3] and the specifying of conditions subject to which such applications may be made;<\/p>\n<p>(g) the fees to be paid by applicants for F39[certificates referred to in paragraph (a) of the definition of &#8220;test certificate&#8221; in section 3] and the disposition of such fees;<\/p>\n<p>(h) the requirements in respect of which tests are to be carried out;<\/p>\n<p>(i) the nature of tests;<\/p>\n<p>(j) the manner in which, the conditions under which and the apparatus with which tests are to be carried out;<\/p>\n<p>(k) the maintenance of apparatus used for carrying out tests;<\/p>\n<p>(l) powers of inspection of premises and apparatus used for testing F35[\u2026] vehicles;<\/p>\n<p>(m) the keeping of records by specified persons;<\/p>\n<p>(n) F40[the form of certificates referred to in paragraph (a) of the definition of &#8220;test certificate&#8221; in section 3] and period of validity of test certificates;<\/p>\n<p>(o) the delegation by issuing authorities to specified persons of the functions of such authorities F41[under paragraphs (b) and (c) of subsection (8);]<\/p>\n<p>F42[(p) the verification of the validity of a test certificate where there is doubt as to the validity of the certificate.]<\/p>\n<p>(11) Regulations under this section may make different provisions for different classes of cases coming within the same matter.<\/p>\n<p>(12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.<\/p>\n<p>(13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F35<br \/>\nDeleted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F36<br \/>\nSubstituted (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 \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>F37<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(i).<\/p>\n<p>F38<br \/>\nDeleted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(ii).<\/p>\n<p>F39<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(I).<\/p>\n<p>F40<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(II).<\/p>\n<p>F41<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(III).<\/p>\n<p>F42<br \/>\nSubstituted (27.11.2020) by European Union (National Car Test &#8211; EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(IV).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E220<br \/>\nA 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.<\/p>\n<p>E221<br \/>\nPower 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).<\/p>\n<p>E222<br \/>\nPower pursuant to section exercised (17.01.2023) by Road Traffic (National Car Test) (Amendment) Regulations 2023 (S.I. No. 4 of 2023).<\/p>\n<p>E223<br \/>\nOffence 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).<\/p>\n<p>E224<br \/>\nPower 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).<\/p>\n<p>E225<br \/>\nPower pursuant to section exercised (27.11.2020) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2020 (S.I. No. 555 of 2020).<\/p>\n<p>E226<br \/>\nPower pursuant to section exercised (20.04.2020) by Road Traffic (National Car Test) (Amendment) Regulations 2020 (S.I. No. 132 of 2020).<\/p>\n<p>E227<br \/>\nPower 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).<\/p>\n<p>E228<br \/>\nOffence 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).<\/p>\n<p>E229<br \/>\nPenalty 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.<\/p>\n<p>E230<br \/>\nPower 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).<\/p>\n<p>E231<br \/>\nPrevious 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).<\/p>\n<p>E232<br \/>\nPrevious 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).<\/p>\n<p>E233<br \/>\nPrevious 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).<\/p>\n<p>E234<br \/>\nPrevious 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.<\/p>\n<p>E235<br \/>\nPrevious 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).<\/p>\n<p>E236<br \/>\nPrevious 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).<\/p>\n<p>E237<br \/>\nPrevious 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).<\/p>\n<p>E238<br \/>\nPrevious 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).<\/p>\n<p>E239<br \/>\nPrevious 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).<\/p>\n<p>E240<br \/>\nPrevious 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.<\/p>\n<p>E241<br \/>\nPrevious 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).<\/p>\n<p>E242<br \/>\nPrevious 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).<\/p>\n<p>E243<br \/>\nPrevious 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.<\/p>\n<p>E244<br \/>\nPrevious 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).<\/p>\n<p>E245<br \/>\nPrevious 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.<\/p>\n<p>E246<br \/>\nPrevious 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).<\/p>\n<p>E247<br \/>\nPrevious 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).<\/p>\n<p>E248<br \/>\nPrevious 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.<\/p>\n<p>Section 19<\/p>\n<h4>Production of test certificate on demand.<\/h4>\n<p>19.\u2014(1) (a) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a F43[\u2026] 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 S\u00edoch\u00e1na at a Garda S\u00edoch\u00e1na station named by the person at the time at which the production was demanded, be guilty of an offence.<\/p>\n<p>(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 S\u00edoch\u00e1na at a Garda S\u00edoch\u00e1na station named by the defendant at the time at which the production was demanded.<\/p>\n<p>(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\u2014<\/p>\n<p>(i) he did not use the vehicle, or<\/p>\n<p>(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.<\/p>\n<p>(2) (a) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a F43[\u2026] 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 S\u00edoch\u00e1na at a Garda S\u00edoch\u00e1na station named by the owner at the time at which such production was demanded, be guilty of an offence.<\/p>\n<p>(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 S\u00edoch\u00e1na at a Garda S\u00edoch\u00e1na station named by the defendant at the time at which the production was demanded.<\/p>\n<p>(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows\u2014<\/p>\n<p>(i) that the vehicle was not used on the occasion in question, or<\/p>\n<p>(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.<\/p>\n<p>(3) Where a person produces pursuant to this section a certificate to a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(5) A member of the Garda S\u00edoch\u00e1na may arrest without warrant\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F43<br \/>\nDeleted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Section 20<\/p>\n<h4>Powers of occasional examination, inspection and test.<\/h4>\n<p>20.\u2014(1) Where a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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 S\u00edoch\u00e1na may\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,<\/p>\n<p>(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,<\/p>\n<p>(d) carry out or cause to be carried out such tests as the member considers reasonable.<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(a) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,<\/p>\n<p>(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.<\/p>\n<p>(5) Where a member of the Garda S\u00edoch\u00e1na 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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(6) A member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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 S\u00edoch\u00e1na may\u2014<\/p>\n<p>(a) drive any pedal cycle for a reasonable time and distance,<\/p>\n<p>(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.<\/p>\n<p>(8) Where a member of the Garda S\u00edoch\u00e1na has, consequent upon having tested under this section a pedal cycle, reasonable grounds for believing that it has a dangerous defect, he may\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) require such person to submit the cycle for a further test at a specified time and place.<\/p>\n<p>(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.<\/p>\n<p>(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 \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>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(18) Where a requirement is made under subsection (3), (4), (5) or (8) of this section\u2014<\/p>\n<p>(a) the person required shall have the right to be present at the examination and, if he exercises this right\u2014<\/p>\n<p>(i) he shall be afforded an opportunity of observing the examination,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>In this subsection \u201cexamination\u201d includes \u201ctest\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F44<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968). s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F45<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F46<br \/>\nSubstituted (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 \u20ac2,000 translates into a class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E249<br \/>\nPenalty 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.<\/p>\n<p>E250<br \/>\nPrevious 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.<\/p>\n<p>E251<br \/>\nPrevious 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.<\/p>\n<h2>ROAD TRAFFIC ACT 1968<\/h2>\n<p>PART II<\/p>\n<h4>General Provisions Relating to Vehicles<\/h4>\n<p>Section 8<br \/>\nControl of supply of vehicles.<\/p>\n<p>8.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) a test certificate issued under section 18 of the Principal Act, or<\/p>\n<p>(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.<\/p>\n<p>(5) A person who contravenes subsection (1), (2) or (4) shall be guilty of an offence.<\/p>\n<p>(6) Nothing in subsections (1) to (5) shall affect the validity of a contract or any rights arising thereunder.<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(b) conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate is in force.<\/p>\n<p>(8) The Minister may make regulations for the purpose of giving effect to this section.<\/p>\n<p>(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:<\/p>\n<p>(a) the classes of vehicles to which subsection (1), (2), (4) or (7) applies;<\/p>\n<p>(b) exempting from subsection (1), (2), (4) or (7) the supply or alteration of vehicles for specified purposes or in specified circumstances;<\/p>\n<p>(c) specifying the requirements of regulations under sections 11 and 12 of the Principal Act to be complied with under subsection (1) or (2);<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(g) the requirements to be complied with by type vehicles;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(j) the period of validity of certificates issued under regulations under this section;<\/p>\n<p>(k) the keeping of records by specified persons;<\/p>\n<p>(l) powers of inspection of records and premises;<\/p>\n<p>(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.<\/p>\n<p>(10) Regulations under this section may make different provisions for different classes of cases coming within the same matter.<\/p>\n<p>(11) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.<\/p>\n<p>(12) In this section \u201csupply\u201d includes supply by way of sale, hire, loan or otherwise.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E32<br \/>\nPower 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).<\/p>\n<p>E33<br \/>\nPower 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).<\/p>\n<p>E34<br \/>\nPower pursuant to section exercised (1.11.1993) by Road Traffic (Control of Supply of Vehicles) (Amendment) Regulations 1993 (S.I. No. 301 of 1993).<\/p>\n<p>E35<br \/>\nPower pursuant to section exercised (1.03.1991) by Road Traffic (Control of Supply of Vehicles) Regulations 1991 (S.I. No. 35 of 1991).<\/p>\n<p>Section 9<\/p>\n<h4>Control of importation, etc., of vehicle parts.<\/h4>\n<p>9.\u2014(1) The Minister may make regulations in relation to the importation, supply and fitting of vehicle parts.<\/p>\n<p>(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:<\/p>\n<p>(a) prohibiting importation either absolutely or save under a licence (which may contain conditions) issued by the Minister or by specified persons;<\/p>\n<p>(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;<\/p>\n<p>(c) prohibiting persons from fitting, or offering to fit, vehicle parts to a vehicle\u2014<\/p>\n<p>(i) where the importation or supply of such parts is prohibited under this section,<\/p>\n<p>(ii) where the use of a vehicle with such parts in a public place would contravene regulations under section 11 of the Principal Act,<\/p>\n<p>(iii) save in a prescribed manner;<\/p>\n<p>(d) requiring persons supplying specified vehicle parts to supply therewith instructions relating to the fitting and use of such parts.<\/p>\n<p>(3) Different regulations may be made under this section in respect of different classes of vehicle parts and for different circumstances.<\/p>\n<p>(4) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cvehicle part\u201d 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;<\/p>\n<p>\u201csupply\u201d includes supply by way of sale, hire, loan or otherwise.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E36<br \/>\nPower pursuant to section exercised (1.04.1991) by Road Traffic (Speed Meter Detectors) Regulations 1991 (S.I. No. 50 of 1991).<\/p>\n<p>Section 10<\/p>\n<h4>Control and operation of trailers.<\/h4>\n<p>10.\u2014(1) The Minister may make regulations in relation to the control and operation of vehicles drawn by mechanically propelled vehicles.<\/p>\n<p>(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:<\/p>\n<p>(a) the licensing of drawn vehicles;<\/p>\n<p>(b) the payment of specified fees in respect of applications for licences or plates under the regulations and the disposition of such fees;<\/p>\n<p>(c) the conditions subject to which drawn vehicles may be operated in public places;<\/p>\n<p>(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;<\/p>\n<p>(e) the production of the records and certificates to members of the Garda S\u00edoch\u00e1na and specified officers of the Minister.<\/p>\n<p>(3) Different regulations may be made under this section for different circumstances and in respect of different classes of vehicles.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C13<br \/>\nApplication 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.<\/p>\n<p>Records.<\/p>\n<p>60.\u2014&#8230;<\/p>\n<p>[(2) (a) The Minister and all the licensing authorities may jointly establish and maintain records in relation to &#8230; licences under section 10 of the Road Traffic Act, 1968&#8230;<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nPower 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)<\/p>\n<p>E38<br \/>\nPower 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).<\/p>\n<p>E39<br \/>\nPower 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.<\/p>\n<p>E40<br \/>\nPower 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).<\/p>\n<p>E41<br \/>\nPower pursuant to section exercised (29.10.2012) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 2012 (S.I. No. 399 of 2012).<\/p>\n<p>E42<br \/>\nPower 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).<\/p>\n<p>E43<br \/>\nPower 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).<\/p>\n<p>E44<br \/>\nPower 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).<\/p>\n<p>E45<br \/>\nPower 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).<\/p>\n<p>E46<br \/>\nPower 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).<\/p>\n<p>E47<br \/>\nPower 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).<\/p>\n<p>E48<br \/>\nPower pursuant to section exercised (1.06.1982) by Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 (S.I. No. 35 of 1982).<\/p>\n<p>E49<br \/>\nPrevious 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).<\/p>\n<p>Section 11<\/p>\n<h4>Determination of maximum weights.<\/h4>\n<p>11.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(7) The Minister may make regulations for the purpose of giving effect to this section.<\/p>\n<p>(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:<\/p>\n<p>(a) the classes of vehicles to which this section applies;<\/p>\n<p>(b) exempting from subsections (1) and (2) the use of vehicles for specified purposes or in specified circumstances;<\/p>\n<p>(c) the specifying of the persons to be issuing authorities for the purposes of this section;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(f) the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees;<\/p>\n<p>(g) the keeping of records by specified persons;<\/p>\n<p>(h) the forms and periods of validity of plates and certificates under this section;<\/p>\n<p>(i) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6);<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(m) providing for the production to specified officers of the Minister, to members of the Garda S\u00edoch\u00e1na, or to other specified persons of certificates under this section and of records kept under this section.<\/p>\n<p>(9) Regulations under this section may make different provisions for different classes of cases coming within the same matter.<\/p>\n<p>(10) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.<\/p>\n<p>(11) A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence.<\/p>\n<p>(12) In this section \u201cthe issuing authority\u201d means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C14<br \/>\nApplication 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 \u20ac2,000 translates into a Class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>Increase of certain penalties under Act of 1968, etc.<\/p>\n<p>4.\u2014(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 [\u20ac2000] 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>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E50<br \/>\nPower 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).<\/p>\n<p>E51<br \/>\nPower 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.<\/p>\n<p>E52<br \/>\nPower 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).<\/p>\n<p>E53<br \/>\nPower 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).<\/p>\n<p>Section 12<\/p>\n<h4>Inspection and examination of vehicles.<\/h4>\n<p>12.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Minister may make regulations for the purpose of giving effect to this section.<\/p>\n<p>(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:<\/p>\n<p>(a) the circumstances in which inspections and examinations may be carried out;<\/p>\n<p>(b) the nature of inspections and examinations;<\/p>\n<p>(c) the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out;<\/p>\n<p>(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;<\/p>\n<p>(e) the authorising of officers of the Minister to be authorised officers for the purposes of this section;<\/p>\n<p>(f) the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section;<\/p>\n<p>(g) the delegation by the Minister to specified persons of his powers under subsection (2) (a);<\/p>\n<p>(h) the keeping of records and the furnishing of reports by authorised persons.<\/p>\n<p>(5) Regulations under this section may make different provisions for different classes of vehicles and different circumstances.<\/p>\n<p>(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.<\/p>\n<p>(7) In this section \u201cexamination\u201d includes test.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C15<br \/>\nApplication 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 \u20ac2,000 translates into a Class C fine, not exceeding \u20ac2,500, 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.<\/p>\n<p>Increase of certain penalties under Act of 1968, etc.<\/p>\n<p>4.\u2014(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 [\u20ac2000] 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>&#8230;<\/p>\n<p>Section 13<\/p>\n<h4>Inspection and examination of vehicles in large fleets.<\/h4>\n<p>13.\u2014F2[(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.]<\/p>\n<p>(2) The Minister may make regulations\u2014<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(c) providing for the production of such records to officers of the Minister.<\/p>\n<p>(3) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 4(2), commenced on enactment.<\/p>\n<p>Section 14<\/p>\n<h4>Approval marks.<\/h4>\n<p>14.\u2014(1) F3[\u2026]<\/p>\n<p>(2) F3[\u2026]<\/p>\n<p>(3) F3[\u2026]<\/p>\n<p>(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.<\/p>\n<p>(b) Different regulations may be made under this subsection in respect of different classes of cases.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cvehicle part\u201d 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;<\/p>\n<p>\u201cthe competent authority\u201d means\u2014<\/p>\n<p>(a) as respects any approval mark indicating conformity with a type approved by the State, the Minister, and<\/p>\n<p>(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;<\/p>\n<p>\u201cconformity of a vehicle part with a type approved\u201d 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.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (1.05.2007) by Consumer Protection Act 2007 (19\/2007), s. 4 and sch. 2, S.I. No. 178 of 2007.<\/p>\n<p>Section 15<\/p>\n<h4>Obligatory penalty for excess weight.<\/h4>\n<p>15.\u2014F4[(1) Where\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and<\/p>\n<p>(c) the excess weight during such use was not less than 1,000 kilograms,<\/p>\n<p>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.]<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cexcess weight\u201d means\u2014<\/p>\n<p>(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,<\/p>\n<p>(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);<\/p>\n<p>\u201crelevant regulations\u201d means the regulations for the time being in force under section 12 of the Principal Act.<\/p>\n<p>F5[TABLE<\/p>\n<p>Where the excess weight is not less than 1,000 kilograms<\/p>\n<p>but is less than 2,000 kilograms<\/p>\n<p>\u20ac500<\/p>\n<p>Where the excess weight is not less than 2,000 kilograms<\/p>\n<p>but is less than 3,000 kilograms<\/p>\n<p>\u20ac1,000<\/p>\n<p>Where the excess weight is not less than 3,000 kilograms<\/p>\n<p>but is less than 4,000 kilograms<\/p>\n<p>\u20ac1,500<\/p>\n<p>Where the excess weight is not less than 4,000 kilograms<\/p>\n<p>but is less than 5,000 kilograms<\/p>\n<p>\u20ac3,000<\/p>\n<p>Where the excess weight is 5,000 kilograms or more<\/p>\n<p>\u20ac5,000]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 4(3), commenced on enactment.<\/p>\n<p>F5<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 84, S.I. No. 255 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E54<br \/>\nPrevious 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.<\/p>\n<p>E55<br \/>\nPrevious 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.<\/p>\n<p>Section 16<\/p>\n<h4>Extension of powers of authorised officer under section 16 of Principal Act.<\/h4>\n<p>16.\u2014(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended\u2014<\/p>\n<p>(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<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).<\/p>\n<p>Section 17<\/p>\n<h4>Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.<\/h4>\n<p>17.\u2014(1) The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include\u2014<\/p>\n<p>(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,<\/p>\n<p>(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).<\/p>\n<p>(2) In this section \u201clicensing authority\u201d means the council of a county or the corporation of a county borough.<\/p>\n<h2>ROAD TRAFFIC ACT 2004<\/h2>\n<p>Section 26<\/p>\n<h4>Permits.<\/h4>\n<p>26.\u2014(1) Section 35(2) of the Act of 1994 is amended by inserting after paragraph (s) the following:<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(i) exempting permit holders from restrictions or prohibitions on parking applied under this section,<\/p>\n<p>(ii) allowing for the parking of vehicles by permit holders at specified locations, or<\/p>\n<p>(iii) exempting permit holders from the application of prohibitions and restrictions to specified traffic from entering or using specified roads, and<\/p>\n<p>separate charges may be prescribed in respect of different permits.\u201d.<\/p>\n<p>(2) The following subsection is inserted after subsection (6) of section 35 of the Act of 1994:<\/p>\n<p>\u201c(7) A permit issued under regulations made under subsection (2)(t) may be inspected, at all reasonable times, by a member of the Garda S\u00edoch\u00e1na or (other than in respect of a permit issued under regulations made under subsection (2)(t)(iii)) a traffic warden.<\/p>\n<p>(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.\u201d.<\/p>\n<p>Section 27<br \/>\nExemptions for emergency vehicles.<\/p>\n<p>27.\u2014F19[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 87(2), S.I. No. 543 of 2011.<\/p>\n<p>Section 28<br \/>\nFunctions of Commissioner of Garda S\u00edoch\u00e1na.<\/p>\n<p>28.\u2014F20[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 83(2), S.I. No. 255 of 2011.<\/p>\n<p>Section 29<br \/>\nAmendment of section 84 of Principal Act (bye-laws in relation to taxi stands).<\/p>\n<p>29.\u2014Section 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 \u201clocal authority\u201d the following:<\/p>\n<p>\u201c\u2018local authority\u2019 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;\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C17<br \/>\nReferences to \u201ccounty council\u201d, \u201ccity council\u201d and \u201ctown council\u201d construed (1.06.2014) by Local Government Reform Act 2014 (1\/2014), ss. 9(2) and 25(2), S.I. No. 214 of 2014.<\/p>\n<p>Cesser and amalgamation of certain local government areas<\/p>\n<p>9.\u2014 &#8230;<\/p>\n<p>(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>&#8230;<\/p>\n<p>Dissolution of town councils \u2014 consequential provisions<\/p>\n<p>25.\u2014 &#8230;<\/p>\n<p>(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\u2014<\/p>\n<p>(a) has not been repealed or otherwise provided for by this Act, or<\/p>\n<p>(b) is neither spent nor obsolete,<\/p>\n<p>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.<\/p>\n<p>&#8230;<\/p>\n<p>Section 30<\/p>\n<h4>Supply of mechanically propelled vehicles to minor.<\/h4>\n<p>30.\u2014(1) A person shall not supply a mechanically propelled vehicle\u2014<\/p>\n<p>(a) to a person who is under the age of 16 years, or<\/p>\n<p>(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.<\/p>\n<p>F21[(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 6 months or to both.]<\/p>\n<p>(3) In this section \u201csupply\u201d, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 88, S.I. No. 255 of 2011. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, 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.<\/p>\n<p>Section 31<\/p>\n<h4>Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/h4>\n<p>31.\u2014(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.<\/p>\n<p>(2) Section 42 of the Act of 1994 is repealed.<\/p>\n<p>Section 32<br \/>\n\u201cregistered owner\u201d.<\/p>\n<p>32.\u2014Section 3(1) of the Principal Act is amended by substituting for the definition of \u201cregistered owner\u201d the following:<\/p>\n<p>\u201c\u2018registered owner\u2019 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;\u201d.<\/p>\n<p>Section 33<br \/>\nProduction of driving licence to member of Garda S\u00edoch\u00e1na subsequent to commission of road traffic offence.<\/p>\n<p>33.\u2014F22[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 61(9), S.I. No. 543 of 2011.<\/p>\n<h2>ROAD TRAFFIC ACT 2014<\/h2>\n<div class=\"body\">\n<section id=\"PART5\" class=\"part\">\n<div class=\"title\">\n<p>PART 5<\/p>\n<p>Miscellaneous<\/p>\n<\/div>\n<div class=\"sect-tab\">Section 14<\/div>\n<section id=\"SEC14\" class=\"sect\" data-number=\"14.\">\n<div class=\"title\">\n<h4>Interference with odometer of mechanically propelled vehicle<\/h4>\n<\/div>\n<p><b>14.<\/b>\u00a0(1) A person shall not interfere or attempt to interfere with the odometer of a mechanically propelled vehicle.<\/p>\n<p>(2) A person who contravenes, or who procures another person to contravene,\u00a0<i>subsection (1)<\/i>\u00a0commits 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.<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(5) In this section \u201codometer\u201d, 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.<\/p>\n<\/section>\n<h4 class=\"sect-tab\">Section 23<\/h4>\n<section id=\"SEC23\" class=\"sect\" data-number=\"23.\">\n<div class=\"title\">\n<h4>Amendment of section 87 of Act of 2010 \u2014 exemptions for emergency vehicles<\/h4>\n<\/div>\n<p><b>23.\u00a0<\/b>Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(a) the driving or use by a member of the Garda S\u00edoch\u00e1na, 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\u00a0Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or<\/p>\n<p>(b) a person driving or using a vehicle under the direction of a member of the Garda S\u00edoch\u00e1na,<\/p>\n<p>where such use does not endanger the safety of road users.\u201d.<\/p>\n<h2>ROAD TRAFFIC AND ROADS ACT 2023<\/h2>\n<p>PART 12<\/p>\n<h4>Powered personal transporters and pedal cycles<\/h4>\n<h4>Amendment of section 3 of Act of 1961<\/h4>\n<p>16. Section 3 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in the definition of \u201cdriving\u201d, by the substitution of \u201cbicycle, tricycle or powered personal transporter\u201d for \u201cbicycle or tricycle\u201d,<\/p>\n<p>(b) in the definition of \u201cmechanically propelled vehicle\u201d\u2014<\/p>\n<p>(i) by the substitution of the following paragraph for paragraph (a):<\/p>\n<p>\u201c(a) a bicycle or tricycle\u2014<\/p>\n<p>(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<\/p>\n<p>(ii) capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor\u2014<\/p>\n<p>(I) which has a maximum continuous rated power greater than 0.25 kilowatts, and<\/p>\n<p>(II) the output of which cuts off when the physical exertions stop,\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the insertion of \u201c, or a powered personal transporter\u201d after \u201cpermanent rails\u201d,<\/p>\n<p>(c) by the substitution of the following definition for the definition of \u201cpedal bicycle\u201d:<\/p>\n<p>\u201c\u2018pedal bicycle\u2019 means\u2014<\/p>\n<p>(a) a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or<\/p>\n<p>(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\u2014<\/p>\n<p>(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and<\/p>\n<p>(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;\u201d,<\/p>\n<p>(d) by the substitution of the following definition for the definition of \u201cpedal tricycle\u201d:<\/p>\n<p>\u201c\u2018pedal tricycle\u2019 means\u2014<\/p>\n<p>(a) a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or<\/p>\n<p>(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\u2014<\/p>\n<p>(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and<\/p>\n<p>(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;\u201d,<\/p>\n<p>(e) by the insertion of the following definition:<\/p>\n<p>\u201c\u2018powered personal transporter\u2019 means, subject to subsection (1A), a vehicle\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) with a maximum weight unladen of 25 kilograms,<\/p>\n<p>(c) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and<\/p>\n<p>(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,<\/p>\n<p>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;\u201d,<\/p>\n<p>(f) in the definition of \u201cvehicle\u201d, by the insertion of \u201ca powered personal transporter,\u201d after \u201cmechanically propelled vehicle,\u201d, and<\/p>\n<p>(g) by the insertion of the following subsection after subsection (1):<\/p>\n<p>\u201c(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 \u2018powered personal transporter\u2019 in subsection (1).\u201d.<\/p>\n<h4>Amendment of section 14 of Act of 1961<\/h4>\n<p>17. Section 14 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the insertion of \u201csubject to subsection (1A),\u201d after \u201cthis Act,\u201d and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (1):<\/p>\n<p>\u201c(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.\u201d.<\/p>\n<p>Amendment of section 20 of Act of 1961<\/p>\n<p>18. Section 20 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (6)\u2014<\/p>\n<p>(i) by the insertion of \u201cor powered personal transporter\u201d after \u201cpedal cycle\u201d, and<\/p>\n<p>(ii) by the insertion of \u201cor transporter\u201d after \u201cthe cycle\u201d,<\/p>\n<p>(b) in subsection (7)\u2014<\/p>\n<p>(i) in paragraph (a), by the insertion of \u201cor powered personal transporter\u201d after \u201cpedal cycle\u201d, and<\/p>\n<p>(ii) in paragraph (b), by the insertion of \u201cor powered personal transporter\u201d after \u201cpedal cycle\u201d,<\/p>\n<p>(c) in subsection (8)\u2014<\/p>\n<p>(i) by the insertion of \u201cor a powered personal transporter\u201d after \u201cpedal cycle\u201d,<\/p>\n<p>(ii) in paragraph (a), by the insertion of \u201cor transporter\u201d after \u201ccycle\u201d, and<\/p>\n<p>(iii) in paragraph (b), by the insertion of \u201cor transporter\u201d after \u201ccycle\u201d,<\/p>\n<p>(d) in subsection (16)\u2014<\/p>\n<p>(i) in paragraph (a), by the insertion of \u201cor transporter\u201d after \u201ccycle\u201d, and<\/p>\n<p>(ii) in paragraph (b), by the insertion of \u201cor transporter\u201d after \u201ccycle\u201d,<\/p>\n<p>and<\/p>\n<p>(e) in subsection (17), in paragraph (b), by the insertion of \u201cor transporter\u201d after \u201ccycle\u201d.<\/p>\n<h4>Amendment of section 47 of Act of 1961<\/h4>\n<p>19. Section 47 of the Act of 1961 is amended in subsection (1)\u2014<\/p>\n<p>(a) by the insertion of \u201cor a powered personal transporter\u201d after \u201cmechanically propelled vehicle\u201d,<\/p>\n<p>(b) in paragraph (a), by the insertion of \u201cor transporter, as the case may be\u201d after \u201cvehicle\u201d, and<\/p>\n<p>(c) in paragraph (b)\u2014<\/p>\n<p>(i) by the insertion of \u201cor transporter\u201d after \u201cthe vehicle\u201d, and<\/p>\n<p>(ii) by the insertion of \u201c, or transporter, as the case may be\u201d after \u201cthat vehicle\u201d.<\/p>\n<p>Amendment of section 48 of Act of 1961<\/p>\n<p>20. Section 48 of the Act of 1961 is amended in subsection (1) by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle\u201d.<\/p>\n<h4>Amendment of section 54 of Act of 1961<\/h4>\n<p>21. Section 54 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (1)\u2014<\/p>\n<p>(i) by the insertion of \u201c, a powered personal transporter,\u201d after \u201cmechanically propelled vehicle\u201d, and<\/p>\n<p>(ii) by the insertion of \u201c, transporter,\u201d after \u201cthe vehicle\u201d in both places in which it occurs,<\/p>\n<p>(b) in subsection (2)\u2014<\/p>\n<p>(i) by the insertion of \u201c, a powered personal transporter,\u201d after \u201cmechanically propelled vehicle\u201d, and<\/p>\n<p>(ii) by the insertion of \u201c, transporter,\u201d after \u201cthe vehicle\u201d in both places in which it occurs,<\/p>\n<p>and<\/p>\n<p>(c) in subsection (3), by the insertion of \u201c, transporter,\u201d after \u201cthe vehicle\u201d.<\/p>\n<p>Amendment of section 99 of Act of 1961<\/p>\n<p>22. Section 99 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cSubject to subsection (1A), a person\u201d for \u201cA person\u201d, and<\/p>\n<p>(b) by the insertion of the following subsection after subsection (1):<\/p>\n<p>\u201c(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.\u201d.<\/p>\n<h4>Driver of powered personal transporter holding on to other vehicle<\/h4>\n<p>23. The Act of 1961 is amended by the insertion of the following section after section 100:<\/p>\n<p>\u201c100A. (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.<\/p>\n<p>(2) A person who contravenes subsection (1) shall be guilty of an offence.\u201d.<\/p>\n<h4>Amendment of section 107 of Act of 1961<\/h4>\n<p>24. Section 107 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle or a pedal cycle\u201d, and<\/p>\n<p>(b) in subsection (4), by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle or a pedal cycle\u201d.<\/p>\n<h4>Amendment of section 108 of Act of 1961<\/h4>\n<p>25. Section 108 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) by the insertion of \u201cor a powered personal transporter\u201d after \u201cpedal cycle\u201d, and<\/p>\n<p>(b) by the insertion of \u201cor transporter\u201d after \u201cthe cycle\u201d.<\/p>\n<h4>Amendment of section 110 of Act of 1961<\/h4>\n<p>26. Section 110 of the Act of 1961 is amended by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle\u201d.<\/p>\n<h4>Amendment of section 112 of Act of 1961<\/h4>\n<p>27. Section 112 of the Act of 1961 is amended in subsection (3) by the insertion of \u201cor a powered personal transporter\u201d after \u201cpedal cycle\u201d.<\/p>\n<h4>Amendment of section 113 of Act of 1961<\/h4>\n<p>28. Section 113 of the Act of 1961 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle\u201d, and<\/p>\n<p>(b) in subsection (4), by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle\u201d.<\/p>\n<h4>Amendment of Second Schedule to Act of 1961<\/h4>\n<p>29. The Second Schedule to the Act of 1961 is amended\u2014<\/p>\n<p>(a) by the substitution of the following paragraph for paragraph 3:<\/p>\n<p>\u201c3. An offence by a person under section 48\u2014<\/p>\n<p>(a) where the vehicle which the person drove, or attempted to drive, in contravention of that section was a mechanically propelled vehicle, and<\/p>\n<p>(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.\u201d,<\/p>\n<p>(b) by the substitution of the following paragraph for paragraph 6:<\/p>\n<p>\u201c6. (a) Subject to subparagraph (b), an offence under section 12 , 13B or 14 of the Road Traffic Act 2010 .<\/p>\n<p>(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\u2014<\/p>\n<p>(i) section 6 (4) of the Road Traffic Act 2010 ,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(v) section 112(6), for committing an offence under section 112(4).\u201d,<\/p>\n<p>and<\/p>\n<p>(c) by the substitution of the following paragraph for paragraph 9:<\/p>\n<p>\u201c9. An offence by a person under section 54\u2014<\/p>\n<p>(a) other than\u2014<\/p>\n<p>(i) an offence of driving a powered personal transporter in contravention of section 54(1), or<\/p>\n<p>(ii) an offence under section 54(2), where the vehicle driven in contravention of that subsection is a powered personal transporter,<\/p>\n<p>and<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Amendment of section 35 of Act of 1994<\/h4>\n<p>30. Section 35 of the Act of 1994 is amended in subsection (2)\u2014<\/p>\n<p>(a) in each of paragraphs (c) and (d), by the insertion of \u201cor powered personal transporters\u201d after \u201cpedal cycles\u201d,<\/p>\n<p>(b) in paragraph (h), by the insertion of \u201c, powered personal transporters,\u201d after \u201cmechanically propelled vehicles\u201d,<\/p>\n<p>(c) in paragraph (t), by the substitution of \u201cof permits;\u201d for \u201cof permits.\u201d, and<\/p>\n<p>(d) by the insertion of the following paragraph after paragraph (t):<\/p>\n<p>\u201c(u) prohibiting, or restricting the use of, powered personal transporters in traffic.\u201d.<\/p>\n<h4>Amendment of section 38 of Act of 1994<\/h4>\n<p>31. Section 38 of the Act of 1994 is amended in subsection (9) in the definition of \u201ctraffic calming measures\u201d\u2014<\/p>\n<p>(a) in paragraph (a), by the insertion of \u201cor powered personal transporters\u201d after \u201cmechanically propelled vehicles\u201d, and<\/p>\n<p>(b) in paragraph (b)\u2014<\/p>\n<p>(i) by the insertion of \u201cor powered personal transporters\u201d after \u201cmechanically propelled vehicles\u201d, and<\/p>\n<p>(ii) by the insertion of \u201c, people driving powered personal transporters,\u201d after \u201cpedestrians\u201d.<\/p>\n<p>Amendment of section 41 of Act of 1994<\/p>\n<p>32. Section 41 of the Act of 1994 is amended in subsection (1)\u2014<\/p>\n<p>(a) by the substitution of \u201c, 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\u201d for \u201ca mechanically propelled vehicle in use in a public place\u201d,<\/p>\n<p>(b) in paragraph (e), by the deletion of \u201cor\u201d where it lastly occurs,<\/p>\n<p>(c) in paragraph (f), by the substitution of \u201cthe vehicle, or\u201d for \u201cthe vehicle.\u201d, and<\/p>\n<p>(d) by the insertion of the following paragraph after paragraph (f):<\/p>\n<p>\u201c(g) the powered personal transporter is, or a member of the Garda S\u00edoch\u00e1na is of the opinion that the powered personal transporter is, being so used in contravention of\u2014<\/p>\n<p>(i) any regulations made under section 11 of the Principal Act, or<\/p>\n<p>(ii) subsection (1) or (2) of section 54 of the Principal Act.\u201d.<\/p>\n<h4>Amendment of section 4 of Act of 2004<\/h4>\n<p>33. Section 4 of the Act of 2004 is amended in subsection (1) by the substitution of \u201cvehicle\u201d for \u201cmechanically propelled vehicle\u201d.<\/p>\n<h4>Amendment of section 3 of Road Traffic Act 2006<\/h4>\n<p>34. Section 3 of the Road Traffic Act 2006 is amended\u2014<\/p>\n<p>(a) in subsection (1), by the insertion of \u201c, or a powered personal transporter,\u201d after \u201cmechanically propelled vehicle\u201d,<\/p>\n<p>(b) by the insertion of the following subsection after subsection (4):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(a) a mobile phone (other than in the circumstances referred to in subsection (1)),<\/p>\n<p>(b) information equipment, or<\/p>\n<p>(c) entertainment equipment.\u201d,<\/p>\n<p>(c) in subsection (5)\u2014<\/p>\n<p>(i) by the substitution of \u201csubsection (4) or (4A)\u201d for \u201csubsection (4)\u201d, and<\/p>\n<p>(ii) by the insertion of \u201cor transporters\u201d after \u201cvehicles\u201d,<\/p>\n<p>(d) in subsection (6), by the substitution of \u201csubsection (4) or (4A)\u201d for \u201csubsection (4)\u201d, and<\/p>\n<p>(e) in subsection (7), by the insertion of \u201cor powered personal transporter\u201d after \u201cmechanically propelled vehicle\u201d.<\/p>\n<h4>Amendment of section 6 of Act of 2010<\/h4>\n<p>35. Section 6 of the Act of 2010 is amended\u2014<\/p>\n<p>(a) in subsection (1)\u2014<\/p>\n<p>(i) in paragraph (b), by the insertion of \u201cor a powered personal transporter\u201d after \u201cpedal cycle\u201d, and<\/p>\n<p>(ii) by the substitution of \u201cvehicle, cycle or transporter\u201d for \u201cvehicle or cycle\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (2), in paragraph (b), by the insertion of \u201cor a powered personal transporter\u201d after \u201ca pedal cycle\u201d.<\/p>\n<p>Amendment of section 130 of Finance Act 1992<\/p>\n<h4>36. Section 130 of the Finance Act 1992 is amended\u2014<\/h4>\n<p>(a) in the definition of \u201cmechanically propelled vehicle\u201d, by the insertion of \u201ca powered personal transporter,\u201d after \u201cbut not including\u201d, and<\/p>\n<p>(b) by the insertion of the following definition:<\/p>\n<p>\u201c\u2018powered personal transporter\u2019 has the same meaning as it has in section 3 of the Road Traffic Act 1961 ;\u201d.<\/p>\n<h4>Amendment of section 2 of Act of 1993 &#8211; personal powered transporter<\/h4>\n<p>37. Section 2 of the Act of 1993 is amended by the insertion of the following definition after the definition of \u201cplanning permission\u201d:<\/p>\n<p>\u201c\u2018powered personal transporter\u2019 has the same meaning as it has in section 3 of the Road Traffic Act 1961 ;\u201d.<\/p>\n<h4>Amendment of section 43 of Act of 1993<\/h4>\n<p>38. Section 43 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):<\/p>\n<p>\u201c(c) A person shall not drive a powered personal transporter on a motorway.\u201d.<\/p>\n<h4>Amendment of section 44 of Act of 1993<\/h4>\n<p>39. Section 44 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):<\/p>\n<p>\u201c(c) A person shall not drive a powered personal transporter on a busway.\u201d.<\/p>\n<h4>Amendment of section 57 of Act of 1993<\/h4>\n<p>40. Section 57 of the Act of 1993 is amended in subsection (2) by the insertion of \u201cpowered personal transporters,\u201d after \u201cpedestrians,\u201d.<\/p>\n<h4>Amendment of section 68 of Act of 1993<\/h4>\n<p>41. Section 68 of the Act of 1993 is amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) In this section \u2018cycleway\u2019 means a public road or proposed public road reserved for the exclusive use of\u2014<\/p>\n<p>(a) pedal cyclists, or<\/p>\n<p>(b) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by the substitution of the following paragraph for paragraph (b) of subsection (2):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(i) pedal cyclists, or<\/p>\n<p>(ii) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.\u201d.<\/p>\n<\/section>\n<\/section>\n<\/div>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12153\" data-postid=\"12153\" class=\"themify_builder_content themify_builder_content-12153 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Length &amp; Width Road traffic regulations make very detailed provisions regarding all matters affecting vehicles, trailers, track-laying devices, and tractors.\u00a0 There are provisions for special permits for the use of vehicles or trailers which might otherwise breach the regulation. The maximum weight and dimensions of the vehicle are specified. Subject to conditions, the width of [&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\/12153"}],"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=12153"}],"version-history":[{"count":18,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12153\/revisions"}],"predecessor-version":[{"id":35354,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12153\/revisions\/35354"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12153"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12153"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12153"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}