Road Traffic Act , 1961

PART I. Preliminary and general.

1. Short title.

1.—This Act may be cited as the Road Traffic Act, 1961.

2. Commencement.

2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

3. Interpretation.

3.—(1)In this Act, save where the context otherwise requires—

“ancillary disqualification order” has the meaning specified in subsection (1) of section 27;

“appointed stand” has the meaning specified in subsection (1) of section 84;

“appointed weighbridge” has the meaning specified in subsection (1) of section 15;

“approved guarantee” has the meaning specified in section 63;

“approved policy of insurance” has the meaning specified in section 62;

“built-up area speed limit” has the meaning specified in subsection (4) of section 45;

“certificate of competency” has the meaning specified in subsection (4) of section 33;

“certificate of fitness” has the meaning specified in subsection(4)of section 34;

“certificate of exemption” has the meaning specified in section 68;

“certificate of guarantee” has the meaning specified in subsection (2) of section 66;

“certificate of insurance” has the meaning specified in subsection (1) of section 66;

“combination of vehicles” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby;

“the Commissioner” means the Commissioner of the Garda Síochána;

“consequential disqualification order” has the meaning specified in subsection (1) of section 26;

“contravenes” includes refuses or fails to comply with, and “contravention” shall be construed accordingly;

F1["detachable disc" means that part of a test certificate, for the time being in force in respect of a vehicle, which may be detached from the certificate to be affixed to the vehicle;]

“driving” includes managing and controlling and, in relation to a F2[bicycle, tricycle or powered personal transporter], riding, and “driver” and other cognate words shall be construed accordingly;

F3["driving licence" means—

(a) an Irish driving licence, or

(b) a foreign driving licence;]

F1[“EU roadworthiness certificate”in relation to a vehicle means a roadworthiness certificate within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations made under section 18 for tests of mechanically propelled vehicles;]

F4[“European Economic Area”means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being]

“footway” means that portion of any road which is provided primarily for the use of pedestrians;

F5["foreign driving licence" means a licence or permit to drive a mechanically propelled vehicle—

(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive aF6[vehicle,]

(b) recognised by an order made undersectionF6[23A(1), or];]

F7[(c) recognised by an order under section 23B;]

F8["general speed limit" means a speed limit under section 44A of this Act;]

“hire-drive agreement” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than—

(a)a hire-purchase F9[or letting] agreement,

(b)an agreement merely for the carriage of persons or goods, or

(c)an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle;

“the insured” has the meaning assigned to it in paragraph (a) of subsection (1) of section 62;

F10["Irish driving licence" means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23;]

“large public service vehicle” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;

“mechanically propelled vehicle” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including—

F2[(a) a bicycle or tricycle—

(i) with an attachment for propelling it solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour, or

(ii) capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(I) which has a maximum continuous rated power greater than 0.25 kilowatts, and

(II) the output of which cuts off when the physical exertions stop,]

(b)a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,

but not including a tramcar or other vehicle running on permanent rails F11[, or a powered personal transporter];

F1["Member State competent authority" means an authority or public body in a Member State, other than the State, with responsibility for managing the system of roadworthiness testing in that Member State, including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

"Member State testing centre" means a public or private body or establishment in a Member State, other than the State, authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

F12["Minister" means Minister for Transport;]

“mobile weighbridge” has the meaning specified in subsection (7) of section 15;

F9["motorway" has the meaning assigned to it by theRoads Act, 1993;]

F9["motorway speed limit" has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;]

“omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places;

“ordinary speed limit” has the meaning specified in subsection (3) of section 44;

F13["owner", when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement;]

“park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;

“parking place” has the meaning specified in paragraph (a) of subsection (2) of section 90;

F2["pedal bicycle" means—

(a) a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or

(b) a bicycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and

(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the bicycle reaches the speed of 25 kilometres per hour;]

“pedal cycle” means a vehicle which is a pedal bicycle or pedal tricycle;

“pedal cyclist” means a person driving a pedal cycle;

F2["pedal tricycle" means—

(a) a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or

(b) a tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and

(ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the tricycle reaches the speed of 25 kilometres per hour;]

F14["pedestrian controlled vehicle"] means a mechanically propelled vehicle—

(a)which is neither intended nor adapted for use for carrying the driver or a passenger, or

(b)which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian,

except during a period during which it is driven while carrying the driver or a passenger

“period of cover” has the meaning assigned to it in paragraph (b) of subsection (1) of section 62 or paragraph (b) of subsection (1) of section 63 (as may be appropriate);

F4[“permission to reside”means a permission under section 60(6) of the International Protection Act 2015, which permission is valid;]

F15["powered personal transporter" means, subject to subsection (1A), a vehicle—

(a) designed and constructed for the carriage of a single person, but not designed or constructed for a person with restricted mobility or for the carriage of goods,

(b) with a maximum weight unladen of 25 kilograms,

(c) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and

(d) equipped with an electric motor having a maximum continuous rated power, or electric motors having a combined maximum continuous rated power, of less than or equal to 0.5 kilowatts,

but not including a vehicle referred to in paragraph (b) of the definition of pedal bicycle or in paragraph (b) of the definition of pedal tricycle;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“principal debtor” has the meaning assigned to it in paragraph (a) of subsection (1) of section 63;

F13["public place" means—

(a)any public road, and

(b)any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;]

“public road” means a road the responsibility for the maintenance of which lies on a road authority;

“public service vehicle” means a mechanically propelled vehicle F16[or combination of vehicles] used for the carriage of persons for reward;

F17["registered owner" has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;]

F4[“relevant person”means a person who has been given a permission to reside;]

“the repealed Act” means the Road Traffic Act, 1933 (repealed by this Act);

“road” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof;

F12["road authority" means—

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or

(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,

to theLocal Government Act 2001;]

“road traffic weighbridge” has the meaning specified in subsection (4) of section 15;

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

F1["Roadworthiness Directive" means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014^1;]

“small public service vehicle” means a public service vehicle which is not a large public service vehicle;

“special disqualification order” has the meaning specified in subsection (5) of section 28;

F13["special speed limit" has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;]

“street service vehicle” means a small public service vehicle the driver of which offers F18[in a public place] himself and the vehicle for hire and for that purpose stands or drives the vehicle F18[in a public place];

F19["test certificate" means -

(a)a certificate issued under section 18, or

(b)an EU roadworthiness certificate;]

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

F20["vehicle" means a mechanically propelled vehicle,F11[a powered personal transporter,]a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]

“vehicle guarantor” has the meaning specified in section 59;

F21["vehicle identification number (VIN)" means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;]

“vehicle insurer” has the meaning specified in section 58.

F11[(1A) The Minister may prescribe, for powered personal transporters or different classes of them, a maximum weight unladen, a maximum design speed, or a maximum continuous rated power or combined maximum continuous rated power different to the weight, speed or rated power referred to in the definition of "powered personal transporter" in subsection (1).]

F22[(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded—

(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and

(b) for all other purposes of this Act as not being a mechanically propelled vehicle.]

(3)Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby.

(4)Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition.

(5)Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order.

4. Application to persons and vehicles in the service of the State.

4.—(1)Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.

(2) Part VI of this Act shall not apply to—

(a)a vehicle owned by the State or a person using such vehicle in the course of his employment,

(b)a vehicle under seizure by a person in the service of the State in the course of his duty or a person Road Traffic and Roausing such vehicle in the course of his employment, or

(c)a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder.

5. General provisions with respect to regulations.

5.—(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

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

6. Approval of bye-laws made by the Commissioner.

6.—(1)A bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.

(2)Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified.

(3)A bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.

(4)No such bye-law as is mentioned in the foregoing subsections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.

(5)Where the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect:

(a)the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law;

(b)the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law;

(c)the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners;

(d)for the purposes of this subsection, a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of the county which is not in any borough, urban district or town.

(6)The making of representations pursuant to subsection (5) of this section shall—

(a)where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and