ROAD TRAFFIC ACT, 1933

130.—(1) Every licence granted under section 2 of the Dublin Amended Carriage Act, 1854, to keep, ply, use, or let for hire a vehicle which is a public service vehicle within the meaning of this Act shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, continue in force (unless previously revoked) until the 31st day of December next following such commencement and shall then expire, and shall during such continuance be deemed for all purposes to be a public service vehicle licence granted in respect of such vehicle under this Part of this Act.

• (2) Every licence granted under section 52 of the Dublin Carriage Act, 1853, to act as driver of a hackney carriage, stage carriage or job carriage shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a driver's licence granted under this Part of this Act as well as a driver's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to drivers' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853.

• (3) Every licence granted under section 52 of the Dublin Carriage Act, 1853, to act as conductor of a stage carriage shall, if it bears date as of a day before the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a conductor's licence granted under this Part of this Act as well as a conductor's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to conductors' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853.

PART VIII. Special Provisions for Street Service Vehicles.

131 Definition of use as a street service vehicle.

131.—For the purposes of this Part of this Act a small public service vehicle shall be deemed to be used as a street service vehicle if and whenever—

• (a) such vehicle and the driver thereof is hired in a public place for the carriage of passengers for reward on the terms that such hiring is to commence immediately, or

• (b) the driver of such vehicle offers in a public place himself and such vehicle for immediate hire for the carriage of passengers for reward, or

• (c) the driver of such vehicle stands or drives such vehicle in a public place for the purpose of being immediately hired with such vehicle to carry passengers for reward, or

• (d) such vehicle is used for the carriage of passengers for reward in pursuance of a contract of hiring made in a public place with the driver of such vehicle for the immediate hire of such driver and such vehicle for the carriage of such passengers.

132 Taximeter areas.

132.—(1) In this Part of this Act the expression “taximeter area.” means an area which is for the time being declared by an order made under this section to be a taximeter area for the purpose of this Part of this Act.

• (2) The Minister may at any time by order made after consultation with the Minister for Justice declare that any specified area shall be a taximeter area as from the date of such order or any later date specified in such order.

• (3) The Minister may at any time by order made after consultation with the Minister for Justice revoke or amend any order previously made by him under this section (including this sub-section).

133 Restriction on use of private hire vehicles.

133.—(1) It shall not be lawful for a licensed small public service vehicle, the public service vehicle licence in respect of which is limited to use as a private hire vehicle, to be used as a street service vehicle in any fare bye-law area.

• (2) Whenever a small public service vehicle is used as a street service vehicle in contravention of this section, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

134 Taximeters on street service vehicles.

134.—(1) It shall not be lawful to use as a street service vehicle in a taximeter area any mechanically propelled vehicle which is not a licensed small public service vehicle or which is not fitted in the prescribed manner with a taximeter complying with this Part of this Act and in good order, repair, and condition.

• (2) Whenever a mechanically propelled vehicle is used as a street service vehicle in contravention of this section the owner of such vehicle and also the driver of such vehicle shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

• (3) Nothing in this section shall operate to render it unlawful to use for the carriage of passengers for reward in a taximeter area a licensed small public service vehicle which is not fitted with a taximeter where the contract for such carriage of such passengers was not made in a taximeter area.

135 Illumination of taximeters at night.

135.—(1) It shall not be lawful for a small public service vehicle which is fitted with a taximeter to be used as a street service vehicle during lighting-up hours unless—

• (a) there is fitted to such vehicle a lamp so situated as to illuminate when lit the dial of the taximeter fitted to such vehicle, and

• (b) such lamp is lit and in efficient condition.

• (2) Whenever a small public service vehicle is used as a street service vehicle in contravention of this section the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

136 Annual inspection and verification of taximeters.

136.—(1) The definition of “measuring instrument” contained in section 35 of the Weights and Measures Act, 1889, as extended by section 10 of the Weights and Measures Act, 1928(No. 3 of 1928), shall be and is hereby extended so as to include a taximeter, and the said section 35 shall have effect accordingly.

• (2) The powers and duties of inspectors of weights and measures appointed by the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin or by the Corporation of Dun Laoghaire shall not extend to or include the inspection, testing, verification, or stamping of taximeters.

• (3) The Commissioner may from time to time appoint so many members of the Gárda Síochána to be inspectors of measuring instruments (in this section referred to as special inspectors) for the purposes of the inspection, verification and stamping of taximeters as he may think necessary and the Minister for Finance shall sanction, and the following provisions shall have effect in relation to such special inspectors, that is to say:—

• (a) the Commissioner may suspend or dismiss any special inspector from his office as special inspector;

• (b) no member of the Gárda Síochána shall be appointed to be a special inspector unless he possesses either a certificate under section 8 of the Weights and Measures Act, 1904, or a special inspector's certificate granted in accordance with regulations made by the Minister for Industry and Commerce under this section;

• (c) an ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures;

• (d) every special inspector shall, in relation to the inspection, verification and stamping of taximeters, have all the powers and perform all the duties conferred or imposed on an inspector or an ex-officio inspector of weights and measures by the Weights and Measures Acts, 1878 to 1928, but without any restriction as to the area or district in which such powers may be exercised or such duties are to be performed by such special inspector;

• (e) references in the Weights and Measures Acts, 1878 to 1928, to an inspector or an ex-officio inspector of weights and measures shall, in relation to the inspection, verification and stamping of taximeters, be construed as including references to a special inspector, and the said Acts shall have effect accordingly;

• (f) the Commissioner shall provide every special inspector with such standards and equipment as are necessary for the performance by him of his duties as such special inspector;

• (g) there shall be paid in respect of the verification and stamping of taximeters by special inspectors such fees as may be appointed by regulations made under this section by the Minister for Industry and Commerce with the consent of the Minister for Finance, and every such fee shall be payable by the person appointed in that behalf by the said regulations;

• (h) all fees payable under this section in respect of the verification and stamping of taximeters by special inspectors shall be paid to the Commissioner and disposed of by him in accordance with this Act, save that such proportion (if any) of such fees as the Minister for Finance shall direct shall be paid into the Gárda Síochána Reward Fund.

• (4) In addition to the powers conferred by section 8 of the Weights and Measures Act, 1889, as extended by section 6 of the Weights and Measures Act, 1904, the Minister for Industry and Commerce shall be entitled to charge on the comparison and verification of the standards and equipment provided by the Commissioner under this section such fees as he may, after consultation with the Minister and with the approval of the Minister for Finance, appoint.

• (5) The power of making general regulations vested in the Minister for Industry and Commerce by virtue of section 5 of the Weights and Measures Act, 1904, shall include power to make, after consultation with the Minister, general regulations with respect to the provision and maintenance of standards and equipment by the Commissioner under this section and the verification of such standards and equipment and with respect to the guidance of special inspectors in the execution and performance of their duties under this section, and the said section 5 shall be construed and have effect accordingly.

• (6) This section shall be construed as one with the Weights and Measures Acts, 1878 to 1928, and those Acts and this section may be cited together as the Weights and Measures Acts, 1878 to 1933.

137 Bye-laws in relation to standings for street service vehicles.

137.—(1) The Commissioner may with the consent of the Minister and after consultation with the local authority concerned make bye-laws in respect of any specified area for all or any of the following purposes, that is to say:—

• (a) appointing the places (in this Act referred to as appointed standings) in such area at which street service vehicles may stand for hire;

• (b) fixing the maximum number of street service vehicles which may stand for hire at any one time on any particular appointed standing;

• (c) prohibiting street service vehicles from standing for hire at places in such area which are not appointed standings;

• (d) regulating and controlling the use of appointed standings by street service vehicles.

• (2) Every driver of a street service vehicle who does any act, whether of commission or omission, which is a contravention of a bye-law made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

138 Colours of street service vehicles and uniforms of drivers.

138.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws in respect of any specified fare bye-law area for all or any of the following purposes, that is to say:—

• (a) requiring every small public service vehicle used as a street service vehicle in such area to be painted or otherwise coloured in whole or to a specified extent a specified colour or combination of colours;

• (b) requiring every such vehicle to be marked in a specified place or manner with a specified distinctive number, word, letter, or other mark;

• (c) requiring every driver of any such vehicle to wear a cap or hat, coat, and other articles of clothing of a specified uniform pattern and colour;

• (d) prohibiting the use (otherwise than as a street service vehicle) in such area of any mechanically propelled vehicle which is painted or otherwise coloured in the manner appointed by bye-laws made under this section for street service vehicles in such area or in a manner so closely resembling the manner so appointed as to be calculated to deceive;

• (e) prohibiting the wearing in such area by any person (other than the driver of a street service vehicle) of any article of clothing of a pattern and colour appointed by bye-laws made under this section for the uniform of the drivers of street service vehicles or of a pattern or colour and so closely resembling the pattern and colour so appointed as to be calculated to deceive.

• (2) Whenever any vehicle is used in contravention of a bye-law made under this section the owner of such vehicle shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (3) Every person who omits to wear any article of clothing which he is required by a bye-law made under this section to wear or who wears any article of clothing the wearing of which by him is a contravention of any such bye-law shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

139 Fare bye-laws.

139.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws (in this Act referred to as fare bye-laws), fixing the fares which may lawfully be charged for the hire of and for services performed by street service vehicles hired in any specified area and different such bye-laws may be so made in respect of different specified areas but every such specified area shall either be co-extensive with a taximeter area or shall not include any taximeter area or any part of a taximeter area.

• (2) Different fares may be fixed by fare bye-laws in respect of different classes of street service vehicles.

• (3) In this Part of this Act—

the expression “lawful fare” means the fare fixed by fare bye-laws for the service and in the area in relation to which the expression is used, and the expression “fare bye-law area” means an area in respect of which fare bye-laws are for the time being in force.

140 Exhibiting notices of fare bye-laws in street service vehicles.

140.—(1) It shall not be lawful for a small public service vehicle to be used as a street service vehicle in a fare bye-law area unless there is exhibited in such vehicle in such place and manner as shall be directed by the fare bye-law in force in such place a notice in such form and of such material as shall be directed by such fare bye-laws stating the fares fixed by such fare bye-laws in respect of such vehicle.

• (2) Whenever a mechanically propelled vehicle is used in contravention of this section the owner of such vehicle shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds,

141 Prohibition of excessive fares.

141.—(1) Save as may be authorised by fare bye-laws, it shall not be lawful for the driver of a street service vehicle which is fitted with a taximeter to charge or demand for services rendered by him with such vehicle any greater sum than the lawful fare as shown by such taximeter.

• (2) It shall not be lawful for the driver of a street service vehicle to charge or demand for services rendered by him with such vehicle in a fare bye-law area any greater sum than the lawful fare for such services.

• (3) Every driver of a street service vehicle who charges or demands any sum in contravention of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

142 Restriction on use of the word “taxi.”

142.—(1) It shall not be lawful for any person in any written statement, advertisement, or other notice published by him (including notices affixed to or displayed in his own premises or vehicles) to use, as a description of or otherwise in relation to a vehicle which is not a street service vehicle fitted with a taximeter, the word “taxi” or any other word or expression reasonably calculated to suggest that such vehicle is a street service vehicle or is fitted with a taximeter.

• (2) Every person who uses any word or expression in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, to a further fine not exceeding one pound for every day during which the offence is continued.

143 Duty of street service vehicle driver to hirer.

143.—(1) Whenever a street service vehicle is lawfully hired it shall be the duty of the driver of such vehicle while such hiring continues to do the following things, that is to say:—

• (a) to drive such vehicle with such passengers and personal luggage and to such place as the hirer shall lawfully and reasonably direct; and

• (b) while so driving to proceed at a reasonable speed and by such route as the hirer shall lawfully direct or where no such direction is given, by the most expeditious route; and

• (c) to wait with such vehicle at such places and for such times as the hirer shall lawfully direct.

• (2) If the driver of a street service vehicle which is lawfully hired does any act (whether of commission or omission) which is a contravention of his duty under this section he shall, save as is otherwise provided by this Act, be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

144 Obligation of street service vehicle driver to accept hire.

144.—(1) Whenever any person (in this section referred to as the intending hirer) requests the driver of a street service vehicle then standing for hire in a fare bye-law area to drive him in such vehicle to a specified place within such area and tenders to such driver the lawful fare for such service it shall be the duty of such driver to comply with such request and if he fails or refuses so to do he shall, unless he has a reasonable excuse for such failure or refusal, be found guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

• (2) For the purpose of this section—

• (a) a street service vehicle which has been hired by any person shall not, while such hiring continues, be deemed to be standing for hire, and

• (b) proof that a mechanically propelled vehicle had affixed thereto a vehicle plate, and (if in a taximeter area) was fitted with a taximeter, and (in any case) was not occupied by any person other than the driver thereof, and was stationary in a public place in a fare bye-law area shall be evidence, until the contrary is proved, that such vehicle was standing for hire.

• (3) Whenever the driver of a street service vehicle is charged with an offence under this section and the intending hirer in relation to whom such offence is alleged to have been committed does not appear at the hearing in court of such charge or the court is satisfied that such driver at the time when such offence was alleged to have been committed had been hired by another person and such hiring had not terminated or that such driver had a reasonable excuse for the failure or refusal which constituted such alleged offence and that such driver civilly informed such intending hirer of such previous hiring or of such excuse (as the case may be), the court may order such intending hirer to pay the costs of the proceedings and also to pay to such driver such reasonable sum as the court shall specify as compensation for his loss of time in attending in court at the hearing.

145 Rights of street service vehicle driver against hirer.

145.—(1) Whenever the driver of a street service vehicle which has been lawfully hired in a fare bye-law area is lawfully directed by the hirer at any time during such hiring to drive such vehicle to a place in such area, it shall be lawful for such driver to demand and receive from the hirer either (at the option of such driver) the lawful fare for the services theretofore rendered by such driver during such hiring or the lawful fare for such services together with the lawful fare for driving to the said place from the place at which such direction is given.

• (2) Whenever the driver of a street service vehicle which has been lawfully hired in a fare bye-law area is lawfully directed by the hirer to wait with such vehicle at a place in such area, it shall be lawful for such driver to inquire from and be informed by the hirer the length of time during which he is so to wait and also to demand and receive from the hirer either (at the option of such driver) the lawful fare for the services theretofore rendered by such driver during such hiring or the lawful fare for such services together with the lawful fare for waiting for the said length of time.

• (3) Whenever the hirer of a street service vehicle fails or refuses to pay to the driver of such vehicle a lawful fare lawfully demanded of him under this section by such driver it shall be lawful for such driver to refuse to comply with the direction the giving of which occasioned such demand and to terminate the hiring of such vehicle.

146 Application of payments for prospective services.

146.—(1) Whenever the driver of a street service vehicle receives under this Part of this Act from the hirer of such vehicle a payment in respect of services which at the time of such payment have not been rendered the following provisions shall have effect, that is to say:—

• (a) it shall be the duty of such driver to perform such services forthwith unless he is directed to the contrary by the hirer or is prevented by some sufficient cause;

• (b) the said payment shall be a deposit in the hands of such driver and shall, if and when the said services are fully performed, be retained by such driver as payment on account of such services;

• (c) if such hiring is terminated by the hirer before such services are fully performed it shall be the duty of such driver to retain so much of such payment as is the lawful fare for so much of such services as he has performed and to repay the balance of such payment to the hirer.

• (2) Whenever the driver of a street service vehicle does any act (whether of commission or omission) which is a contravention of his duty under this section he shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

PART IX. Regulation of Traffic.

147 Bye-laws for the control of traffic generally.

147.—(1) The Commissioner may, with the consent of the Minister, make bye-laws for the general regulation and control of traffic, including all or any of the following purposes, that is to say:—

• (a) the classification of traffic;

• (b) requiring all traffic to proceed along a specified side of the roadway either at all times or in specified circumstances or in specified places;

• (c) prescribing the respective rights of priority of passage of different classes of traffic proceeding in the same direction;

• (d) prescribing the respective rights of priority of passage of traffic proceeding in different directions, whether opposite or crossing;

• (e) prescribing rules for the use of roads by different classes of traffic and in particular by pedal cyclists and assigning different parts of the road to different classes of traffic;

• (f) prescribing the routes or courses to be taken by traffic turning at a junction of roadways from one roadway to another roadway;

• (g) regulating and controlling the stopping of vehicles on roadways;

• (h) regulating and controlling the driving of vehicles on roadways when meeting or passing animals, whether such animals are accompanied or unaccompanied byany person or are or are not harnessed or attached to any vehicle;

• (i) regulating and controlling the driving on roadways of animals which are not ridden or led by any person nor harnessed or attached to any vehicle;

• (j) regulating and controlling the method of attaching a vehicle to another vehicle for the purpose of traction by such last-mentioned or any other vehicle, and the number of vehicles which may be the subject of traction at any one time by any one vehicle either generally or in specified circumstances or places, and the method of controlling a vehicle so attached to another vehicle;

• (k) regulating and controlling the method of attaching to a vehicle an animal harnessed to another vehicle for the purpose of being led by such first-mentioned or any other vehicle and the number of such animals which may be so led at any one time by any one vehicle;

• (l) regulating and controlling the conduct of pedestrians on roadways and in particular the crossing of roadways by pedestrians;

• (m) prohibiting the use of footways by animals or particular classes of animals;

• (n) prohibiting the use of footways by vehicles or particular classes of vehicles;

• (o) requiring persons in charge of traffic or of specified classes of traffic to give audible warning of their approach in specified circumstances or at specified places and regulating and controlling the character and volume of such warnings;

• (p) requiring signals to be given by drivers of vehicles to indicate intended alterations in the direction or rate of movement of such first-mentioned vehicles and prescribing the signals to be so given;

• (q) regulating the control of traffic by members of the Gárda Síochána on duty for the purpose of exercising such control at junctions of roadways or angles or curves in or obstructions on roadways and in particular requiring signals to be given by drivers of vehicles and persons in charge of other traffic to members of the Gárda Síochána on such duty to indicate to such members the direction in which such drivers and persons wish to proceed and prescribing the signals to be so given and prescribing the signals to be given by such members to such drivers and persons to indicate to them the course they are to adopt and requiring such drivers and persons to obey such signals;

• (r) the control of traffic by means of signals given mechanically at junctions of roadways or angles or curves in or obstructions on roadways and in particular prescribing the nature and character of such signals and requiring drivers of vehicles and persons in charge of other traffic to obey such signals.

• (2) Any bye-law made under this section may be so made—

• (a) either in respect of the whole of Saorstát Eireann or in respect of any specified portion of an area in Saorstát Eireann, and

• (b) either generally for all times and occasions or specially for particular limited periods or particular occasions.

• (3) The council charged with the maintenance οf a road in relation to which a bye-law made under this section is in force generally for all times and occasions shall erect, place, or make and shall maintain on such road all such notices, instructions, and directions (including notices, instructions, and directions placed or made on the surface of the roadway and also including instruments for the giving of signals by mechanical means) as the Minister shall direct for the purpose of indicating to persons in charge of traffic the existence of such bye-law and the course to be adopted in order to comply therewith.

• (4) The council charged with the maintenance of a road in relation to which a bye-law is made under this section for a limited period or a particular occasion shall, before such period or occasion, erect, place, or make in such area and shall during such period or on such occasion maintain all such notices, instructions, and directions (including notices, instructions, and directions placed or made on the surface of the roadway) as the Commissioner shall direct for the purpose of indicating to persons in charge of traffic the existence of such bye-law and the course to be adopted in order to comply therewith.

• (5) Section 36 of the Local Government Act, 1925 (No. 5 of 1925), shall be construed and have effect subject to and in accordance with the following provisions, that is to say:—

• (a) the word “sign” shall in that section be construed as including an instrument for the giving of signals by mechanical means;

• (b) references in that section to the erection of signs shall be construed as including the placing or making of signs on the surface of the roadway;

• (c) there shall be and is hereby added to the purposes mentioned in paragraph (b) of sub-section (1) of that section the purpose of indicating to persons in charge of traffic the existence of a bye-law made under this section and the course to be adopted in order to comply therewith.

• (6) In this section the word “traffic” includes vehicles and animals of every description but does not include pedestrians.

• (7) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

148 Bye-laws for the control of traffic in relation to tramcars.

148.—(1) The Commissioner may, with the consent of the Minister, make in respect of any tramway system bye-laws for all or any of the following purposes, that is to say:—

• (a) regulating the management of other vehicles in relation to tramcars on such tramway system and in particular the conduct of such vehicles when overtaking a tram-car;

• (b) the places at which tramcars on such tramway system may stop to pick up or set down passengers;

• (c) the places at which intending passengers in such tram-cars may congregate to await transport in such tramcars.

• (2) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

149 Bye-laws for the control of traffic in specified areas.

149.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area and either generally for all times and occasions or specially for limited periods or particular occasions, bye-laws for all or any of the following purposes, that is to say:—

• (a) prescribing the routes or courses to be taken by vehicles passing along, crossing, or turning into or out of roads generally or any specified road and in particular requiring different classes of vehicles to adhere to different lines or courses when passing along roads generally or any specified road;

• (b) prohibiting any specified class of vehicle or any vehicle carrying specified goods or a specified class of load from entering or passing along any specified road (except for the purpose of going to or coming away from a place in such road) either at any time or during specified hours;

• (c) requiring vehicles passing along any specified road either at any time or during specified hours to proceed in a specified direction only;

• (d) prohibiting the passage whether on a vehicle or by human portage or otherwise through any specified road either at any time or during specified hours of any article exceeding a specified length or a specified breadth;

• (e) prohibiting the passage through any specified road either at any time or during specified hours of any vehicle laden with an article which projects more than a specified distance behind the rear of such vehicle or more than a specified distance beyond the side of such vehicle;

• (f) regulating and controlling the conduct of pedestrians in roads generally or any specified road and in particular the crossing of the roadway of roads generally or of any specified roads by pedestrians;

• (g) prohibiting the passage through any specified road either at any time or during specified hours of a vehicle drawn by more than a specified number of horses or by more than a specified number of horses harnessed in a particular manner;

• (h) prohibiting the loading or unloading of goods of any particular class or kind on, through, or across the footway in any specified road either at any time or during specified hours;

• (i) prohibiting either at any time or during specified hours the lifting or lowering of goods by means of ropes chains, tackles, or other machinery across or over the footway of any specified road;

• (j) restricting and controlling the carriage or distribution in or placing on the surface of roads, by way of advertisement of pictures, prints, boards, placards, or notices;

• (k) restricting and controlling the driving, leading, or otherwise conducting of animals (other than horses, asses, and mules and other than animals carried in vehicles) in roads;

• (l) restricting and controlling the deposit of goods in roads and in particular the depositing in roads of goods being loaded on or into or unloaded from a vehicle;

• (m) restricting and controlling the washing of footways in roads and of doorsteps leading on to such footways by means of water delivered from a hose or otherwise under pressure;

• (n) controlling the conduct of persons waiting in roads for transport or for admission to a building or other place or for any other lawful purpose and in particular requiring such persons to arrange themselves in queues and regulating the formation of such queues.

• (2) Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall (subject to the provisions of this section) be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

• (3) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge to prove that the act alleged to constitute such offence was done bona fide and reasonably for the purpose or in the course of saving or endeavouring to save some person or property from death, destruction, or injury by fire, flood or other calamity.

150 Parking places.

150.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area and either generally for all times and occasions or specially for limited periods or particular occasions, bye-laws for all or any of the following purposes, that is to say:—

• (a) prescribing the places (in this Act referred to as parking places) in which mechanically propelled vehicles or any particular class of such vehicles may remain stationary in public places either indefinitely or for any period not exceeding a specified period and whether there is or is not a person in charge thereof;

• (b) appointing the conditions to be observed in regard to mechanically propelled vehicles remaining stationary in parking places;

• (c) prescribing the period during which, the purposes for which, and the conditions under which mechanically propelled vehicles or any particular class of such vehicles may remain stationary in public places (other than parking places) or in any particular such public place;

• (d) prohibiting the keeping or leaving any mechanically propelled vehicle or any such vehicle of a particular class stationary in any public place (including parking places) for a period exceeding the period authorised in that behalf by the regulations or for a purpose other than a purpose so authorised in that behalf or otherwise than for a purpose (if any) or in accordance with the conditions (if any) prescribed in that behalf by the bye-laws.

• (2) Every person who does any act (whether of commission or omission) which is a contravention of the bye-laws made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

151 Attendants at parking places.

151.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area in which parking places are for the time being appointed by bye-laws made under this part of this Act, bye-laws for all or any of the following purposes, that is to say:—

• (a) providing for the licensing by the Commissioner of persons to act as motor car attendants in parking places;

• (b) providing for the issuing of official badges by the Commissioner to licensed motor car attendants and the wearing of such badges by such attendants;

• (c) prescribing the duties of licensed motor car attendants;

• (d) prescribing the fees (if any) to be paid by licensed motor car attendants for licences granted and for badges issued to them under the bye-laws;

• (e) authorising licensed motor car attendants to charge fees in relation to mechanically propelled vehicles remaining stationary in parking places, prescribing the amounts of such fees, and providing for the collection and recovery of such fees by such attendants;

• (f) prohibiting any person who is not a licensed motor car attendant from acting or holding himself out as ready to act as a motor car attendant in any parking place;

• (g) prohibiting persons from interfering with, obstructing, or molesting a licensed motor car attendant in the performance of his duties as such attendant.

• (2) In this Part of this Act the expression “licensed motor car attendant” means a person duly licensed under bye-laws made under this section to act as motor car attendant in parking places.

• (3) A licensed motor car attendant shall not be deemed to be the person having charge within the meaning of this Act of the mechanically propelled vehicles in the parking place at which he is the licensed motor car attendant.

• (4) Any person who does any act (whether of commission or omission) which is a contravention of bye-laws made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

152 Obligation to pay fees in parking places.

152.—(1) Where a licensed motor car attendant is authorised by bye-laws made under this Part of this Act to charge fees in relation to mechanically propelled vehicles remaining stationary in a particular parking place, every person who drives a mechanically propelled vehicle into such parking place shall before making use of such a place as a parking place pay to such licensed motor car attendant the fee which such attendant is so authorised to charge in relation to such vehicle.

• (2) Whenever a person who is required by this section to pay a fee to a licensed motor car attendant fails or refuses to pay such fee in accordance with this section, such person and also the owner of the mechanically propelled vehicle in relation to which such fee is so payable shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

153 Provision of vehicle stations by local authorities.

153.—(1) In this section the expression “local authority” means a sanitary authority within the meaning of the Public Health Acts, 1878 to 1931, and the expression “vehicle station” means a place (not being part of a road) provided by a local authority under this section for the purpose of affording a place for the temporary deposit of mechanically propelled vehicles for safe custody or for the purpose of affording a place for the reception and discharge of passengers and goods into or from public service vehicles or for both those purposes.

• (2) A local authority may, with the consent of the Minister, provide such one or more vehicle stations as they consider desirable in order to relieve or prevent congestion of traffic, and for that purpose may, with the consent of the Minister purchase or take on lease any land or any easement in to or over land or utilise any land which may lawfully be appropriated for such purpose.

• (3) Sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925, shall apply to the acquisition of land by a local authority under this section but with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the next succeeding month.

• (4) A local authority may take all such steps as may be necessary to adapt any land acquired or utilised by them as a vehicle station for use as such vehicle station, and may appoint officers or employ servants for the superintendence and management of such vehicle station.

• (5) A local authority may make bye-laws as to the use of any vehicle station provided by the local authority under this section, and in particular in relation to any of the following matters, that is to say:—

• (a) restricting the class of vehicles which may be admitted to such vehicle station;

• (b) appointing the charges to be made for the use of such vehicle station or any part thereof;

• (c) appointing the time for which any vehicle may remain in such vehicle station.

• (6) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, as adapted by or under any Act of the Oireachtas shall apply to bye-laws made under this section in like manner as those sections apply to bye-laws made under that Act.

• (7) When a local authority acquires or utilises any land for a vehicle station and such station is intended for use by public service vehicles, the local authority may, with the consent of the Minister, provide, as part of such vehicle station, waiting rooms, ticket offices, lavatories, and other similar accommodation in connection therewith.

• (8) A local authority shall have power to raise any expenses incurred by them under this section by means of rates or borrowing in the same manner and subject to the same conditions in and subject to which such local authority is empowered to raise any expenses incurred under the Public Health Acts, 1878 to 1931.

154 Prohibition of obstruction of traffic.

154.—(1) Every person who, does any act (whether of commission or omission) whereby the passage of traffic through any public place is otherwise than with lawful authority or through unavoidable accident wholly or partially obstructed or which causes or tends to cause such passage of traffic to be so obstructed shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

• (2) In this section the word “traffic” includes vehicles and animals of every description and pedestrians.

155 Prohibition of unauthorised travelling on vehicles.

155.—(1) It shall not be lawful for any person to hold on to get on or in to, or be or remain on or in a moving vehicle without the permission of the driver or other person in charge of such vehicle.

• (2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

156 Cyclists holding on to other vehicles.

156.—(1) It shall not be lawful for a person on a bicycle or a tricycle in a public place to take or retain hold of any other vehicle (other than a pedal bicycle on which no person is riding) which is in motion or of any person or thing on, in, or attached to any such vehicle without the consent of the rider or driver of such other vehicle.

• (2) Every person who takes or retains hold of a vehicle, person or thing in contravention of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

157 Prevention of obstruction of traffic by fairs and markets.

157.—(1) Where any fair or market is held in any public place within the functional area of the council of a county, a county or other borough, or an urban district or the commissioners of a town, it shall be the duty of such council or commissioners to make such bye-laws as may be necessary for securing the free passage of vehicular traffic through such place on the occasion of such fairs or markets.

• (2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878 as adapted by or under any Act of the Oireachtas shall apply to bye-laws made under this section in like manner as those sections apply to bye-laws made under the said Act subject to the modification that references therein to a sanitary authority shall be construed as references to the council of a county, county or other borough, or urban district or the commissioners of a town, as the case may require.

• (3) Where the Minister is of opinion that bye-laws should be made under this section and the council or commissioners having power under this section to make such bye-laws either has not made any such bye-laws or has not made such bye-laws as the Minister shall consider to be necessary, the Minister may himself make all such bye-laws including bye-laws revoking or amending bye-laws made by such council or commissioners as he shall consider to be necessary or proper and such council or commissioners could have made under this section, and every bye-law so made to the Minister shall have effect as if it had been made by such council or commissioners but shall not be capable of being revoked or amended by such council or commissioners without the sanction of the Minister.

• (4) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section by the council of a county, county or other borough, or urban district or by the commissioners of a town or by the Minister shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

• (5) For the purposes of this section the functional area of the council of a county does not include any borough or urban district in such county nor any town in such county which has town commissioners.

158 Protection of bridges from excessive burdens.

158.—(1) Any local authority, railway or canal company, or other person liable to maintain a bridge carrying a public highway may, by notices in the prescribed form placed in the prescribed manner on the approaches to such bridge, prohibit any vehicle which with the load (if any) thereon exceeds the weight specified in such notices from passing over such bridge either (as may be specified in such notices) at all or at a speed exceeding the speed specified in such notices.

• (2) Notices shall not be erected under this section in respect of a bridge unless some restriction on the use of such bridge is reasonably necessary to ensure that the traffic passing over such bridge shall not impose on such bridge a greater burden than it is capable of bearing and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.

• (3) Any person who claims that notices purporting to have been erected under this section have been so erected in contravention of the foregoing sub-section of this section, may appeal in the prescribed manner to the Minister and on the hearing of such appeal the Minister shall give such directions (whether for the maintenance, removal, or alteration of such notices) as he shall think proper and such directions shall be final and conclusive.

• (4) Whenever the Minister in consequence of an appeal to him under the foregoing sub-section of this section gives directions for the removal or alteration of the notices to which such appeal relates, the person by whom such notices were erected shall, within three days after the communication of such directions to him, remove or alter (as the case may require) such notices in accordance with such directions and if he fails so to do he shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding twenty-five pounds and a further fine not exceeding five pounds for every day during which the offence is continued.

• (5) Every person who drives a vehicle over a bridge in contravention of a notice erected under this section in relation to such bridge shall (notwithstanding that such notice may have been erected in contravention of sub-section (2) of this section) be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

• (6) Whenever a vehicle is driven over a bridge in such circumstances as to constitute an offence under the next preceding sub-section of this section, the owner of such vehicle shall be liable in damages to the authority, company, or other person liable to maintain such bridge for all (if any) injury occasioned to such bridge by such driving of such vehicle over such bridge, and such damages shall be recoverable by such person from such owner by civil action in any court of competent jurisdiction.

159 Closing of particular roads to vehicles.

159.—(1) The Minister may, after holding a public inquiry, by order prohibit, subject to such exceptions or conditions as to occasional use or otherwise as may be specified in such order, the driving of vehicles or any specified class or classes of vehicles on any specified road in respect of which it appears to him in consequence of such inquiry to be proved that the driving of vehicles or such class or classes of vehicles on such road would endanger such vehicles or the persons therein or other traffic or that such road is for any other reason unsuitable for use by vehicles or such class or classes of vehicles.

• (2) Whenever an order is made under the foregoing sub-section of this section it shall be the duty of the council charged with the maintenance of the road to which such order relates to erect and maintain at such places as shall be specified in such order notices in a form approved of by the Minister stating the effect of such order.

• (3) Whenever an order has been made by the Minister under sub-section (1) of this section, the Minister may at any time, after giving notice to the council charged with the maintenance of the road to which such order relates and considering any representations made to him by such council, by order revoke or amend such first-mentioned order, and thereupon it shall be the duty of such council to remove or alter as the case may require the notices erected and maintained by them under sub-section (2) of this section in relation to such first-mentioned order.

• (4) Every order made under section 12 of the Roads Act, 1920 and in force immediately before the commencement of this Part of this Act prohibiting or restricting the driving of vehicles of any specified class on any specified road in any particular area shall, from and after such commencement, be deemed for all purposes (including offences and penalties) to have been made under this section and shall continue in force and be capable of revocation and amendment accordingly.

• (5) Every person who drives a vehicle on a road in contravention of an order made under sub-section (1) of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

160 Saving for general power of the Commissioner.

160.—Nothing in this Act shall prejudice or derogate from the general power and duty of the Commissioner and other members of the Gárda Síochána to preserve order in public places and to regulate and control traffic therein.

PART X. Lighting of Vehicles.

161 Lights to be carried on vehicles.

161.—(1) There shall be carried in the prescribed position and manner on every mechanically propelled vehicle (other than a mechanically propelled bicycle to which the next sub-section of this section applies), while it is on any road during lighting-up hours, the following lamps duly lit and in efficient condition, that is to say:—

• (a) two lamps each showing to the front of such vehicle a white light visible from a reasonable distance; and

• (b) one other lamp showing to the rear of such vehicle a red light visible from a reasonable distance.

• (2) There shall be carried in the prescribed position and manner on every mechanically propelled bicycle used without any vehicle or attachment in the nature of a vehicle attached to the side thereof, while it is on any road during lighting-up hours, the following lamps duly lit and in efficient condition, that is to say:—

• (a) one lamp showing to the front of such bicycle a white light visible from a reasonable distance; and

• (b) one other lamp showing to the rear of such bicycle a red light visible from a reasonable distance.

• (3) There shall be carried on every mechanically propelled vehicle, while it is on any road during lighting up hours, a lamp (which may be either a separate lamp or one of the lamps required by the foregoing provisions of this section to be carried on such vehicle) duly lit and so constructed and placed that it illuminates with a white light the identification mark under the Roads Act, 1920, carried at the rear of such vehicle.

• (4) There shall be carried in the prescribed position and manner on every vehicle which is neither a mechanically propelled vehicle nor a vehicle drawn by a mechanically propelled vehicle, while it is on any road during lighting-up hours—

• (a) one lamp duly lit and in efficient condition showing to the front of such vehicle a white light visible from a reasonable distance, and

• (b) a red reflector in efficient condition and so fitted that when a light is impinging on such vehicle from the rear thereof such reflector is visible to a person in the rear of such vehicle and within a reasonable distance thereof, and

• (c) if and when such vehicle is carrying a load projecting more than six feet to the rear of such vehicle, one other lamp showing to the rear of such vehicle a red light visible from a reasonable distance.

• (5) Where a vehicle or attachment in the nature of a vehicle is rigidly, but not necessarily permanently, attached to a mechanically propelled bicycle, such bicycle and such vehicle or attachment shall be deemed to form one vehicle for the purposes of this section.

• (6) Every regulation made under this Act prescribing any matter or thing which is referred to in this section as prescribed shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that house has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

162 Lights on drawing and drawn vehicles.

162.—(1) Notwithstanding anything contained in the; next preceding section, the following provisions shall have effect in the case of a vehicle (whether it is or is not mechanically propelled) drawing one or more other vehicles on any road during lighting-up hours, that is to say:—

• (a) where the distance between the drawing vehicle and the vehicle immediately drawn by it does not exceed five feet, no lamp showing a red light need be carried at the rear of such drawing vehicle and no lamp showing a light to the front need be carried on such drawn vehicle;

• (b) where the distance between any two drawn vehicles does not exceed five feet, no lamp showing a red light need be carried at the rear of the first of such drawn vehicles and no lamp showing a light to the front need be carried on the second of such drawn vehicles;

• (c) where the distance between the drawing vehicle and the vehicle immediately drawn by it or between any two drawn vehicles exceeds five feet, this Part of this Act shall apply to such drawing vehicle and drawn vehicle or such two drawn vehicles (as the case may be) as if they were respectively not drawing or being drawn by another vehicle.

• (2) For the purposes of this section the distance between two vehicles shall be measured between the nearest points of such vehicles but so that the draw-bar, wire, or rope connecting such vehicles and the special fitting (if any) for the attachment of such draw-bar, wire, or rope shall not be deemed to form part of either vehicle.

163 Regulations in relation to lamps on vehicles.

163.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

• (a) restricting the number, position, colour, and character of the lamps which may be carried lit and the reflectors which may be carried on any vehicle or on any vehicle of a particular class on roads generally or on any particular class of roads or any particular road during lighting-up hours in addition to the lamps and reflectors (if any) which are required by or under this Part of this Act to be carried lit or to be carried on such vehicle while on any road during lighting-up hours;

• (b) prescribing the number, colour, character, position and mode of attachment of the lamps which are to be carried lit and of the reflectors which are to be carried on every vehicle or on every vehicle of a particular class while carrying an overhanging or projecting load on any road during lighting-up hours in addition to or in substitution for all or any of the lamps which are required by or under any other provision of this Part of this Act to be carried lit thereon;

• (c) restricting or controlling the power, height, width, and range of the light projected by the lamps carried lit thereon on any road or on any particular road or class of roads and the angle of projection of the beams of such light and the temporary or partial obscuration of any such light and the extent and mode of affecting such obscuration;

• (d) restricting or controlling the alteration, while a vehicle is in motion on any road, or the direction in relation to such vehicle in which the light from any lamp carried lit on such vehicle is projected, whether such alteration is effected by a rotational or other movement of the lamp or any part thereof or by a deflection of the light projected therefrom;

• (e) regulating and prescribing the number, colour, character, position, and mode of attachment of the lamps which are to be carried lit and of the reflectors which are to be carried on vehicles of any particular class either generally or in particular places or particular circumstances and either in addition to or substitution for all or any of the lamps which are required to be carried lit, and reflectors which are required to be carried on such vehicle by or under any other provision of this Part of this Act;

• (f) making special provision in relation to vehicles or any particular class of vehicles while carrying specified goods of an inflammable or explosive nature or while in a place in which such goods are stored and for the purpose of such special provisions to exempt vehicles to which such provisions apply from any specified provisions of this Part of this Act;

• (g) exempting from the operation of any particular provisions of this Part of this Act or any regulations made thereunder vehicles which are stationary in a place which is a parking place within the meaning of this Act.

• (2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

164 Offences and penalties under this Part of this Act.

164.—Every person who—

• (a) fails or omits to carry lit on a vehicle driven by him or in his charge in ? public place during lighting-up hours the lamp or the several lamps (as the case may be) required by this Part of this Act or any regulation made thereunder to be carried lit on such vehicle in such place during such hours, or

• (b) fails or omits to carry on a vehicle driven by him or in his charge in a public place during lighting-up hours such reflector (if any) as is required by this Part of this Act or any regulation made thereunder to be carried on such vehicle in such place during such hours, or

• (c) does any other act, whether of commission or omission, which is a contravention of this Part of this Act or a regulation made thereunder and is not made punishable by any other section of this Part of this Act,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

PART XI. Miscellaneous.

165 Taking vehicle without authority.

165.—(1) Every person who drives or uses or takes possession of a mechanically propelled vehicle without the consent of the owner of such vehicle or other lawful authority shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

• (2) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.

• (3) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects to be engaged in committing an offence under this section.

• (4) An indictment containing a count for larceny of a mechanically propelled vehicle may include a count of having committed an offence under this section in relation to such vehicle, and in such case the person so indicted may be found guilty on the count of having committed an offence under this section and, when so found guilty, may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.

• (5) Where on the trial of a person indicted for the larceny of a mechanically propelled vehicle, the jury is of opinion that such person was not guilty of the larceny of such vehicle but was guilty of an offence under this section in relation to such vehicle, such jury may find such person to be guilty of such offence and thereupon such person may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.

166 Management of drawn vehicles.

166.—(1) It shall not be lawful to use a mechanically propelled vehicle to draw more than one other vehicle unless every such drawn vehicle except the first such vehicle is accompanied by or carries a person charged with the duty of attending to the vehicle which he so accompanies or on which he is so carried.

• (2) Whenever a mechanically propelled vehicle is used in contravention of this section, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

167 Unauthorised interference with mechanism of vehicle.

167.—(1) Every person who, without the consent of the owner or the person in charge of a mechanically propelled vehicle and without other lawful authority or reasonable cause interferes or attempts to interfere in any way with the mechanism of such vehicle while it is stationary in a public place or gets on or into or attempts to get on or into such vehicle while it is so stationary shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

• (2) A member of the Gárda Síochána taking steps in pursuance of this Act for the temporary disposition of a mechanically propelled vehicle shall be deemed for the purposes of this section to be the person in charge of such vehicle.

• (3) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects to be engaged in committing an offence under this section.

• (4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move such vehicle by human propulsion for a distance sufficient to terminate such obstruction.

• (5) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.

168 Disposition of vehicle on arrest of driver, etc.

168.—Whenever a member of the Gárda Síochána arrests under this Act without warrant a person believed or suspected to be committing or to have committed an offence under this Act in relation to a mechanically propelled vehicle, such member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of such vehicle.

169 Limitations on periods of continuous driving.

169.—(1) Each of the following periods or series of periods of driving shall be deemed to be an excessive period for the purposes of this section, that is to say:—

• (a) any continuous period of driving exceeding five and one-half hours;

• (b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;

• (c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.

• (2) For the purposes of the next preceding sub-section of this section—

• (a) where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, such period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if such driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;

• (b) any two consecutive periods of driving shall be deemed to form and be one continuous period unless such two periods are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;

• (c) any time spent by the driver of a vehicle on work (other than driving) in relation to such vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on such vehicle while on a journey, shall be reckoned as time spent in driving;

• (d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with such vehicle while it is not on a road shall not be reckoned as time spent in driving.

• (3) Every person who drives or causes or permits any person employed by him or subject to his orders to drive for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is designed and constructed solely for the traction of another vehicle or is fitted with a body designed and constructed solely for the carriage of goods or two or more such vehicles successively shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

• (4) Where a person is charged with an offence under any sub-section of this section, it shall be a good defence to such charge to prove that the act alleged to constitute such offence was due to delay in the completion of a journey and that such delay was unavoidable and was caused by circumstances which could not reasonably have been foreseen by such person.