LegalizeRoad Traffic Act , 1961
(2)A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability.
33. Certificates of competency.
33.—(1)In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.
F90[(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5 (g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes.
(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes.
(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]
(2)A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:
(a)where he is disqualified for holding a driving licence until he produces a certificate of competency,
(b)where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.
F90[(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262 (2) of the Social Welfare Consolidation Act 2005.]
(3)Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—
(a)the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and
(b)the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.
F91[(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—
(a) a licence taken out undersection 1of theFinance (Excise Duties) (Vehicles) Act 1952,F92[and]
(b)F93[subject to subsection (3BB), where the vehicle]is a vehicle to which section 18 applies, a test certificate,
for the time being in force, in respect of the vehicle.
F94[(3BB) Where an EU roadworthiness certificate does not have a detachable disc, the proof of test issued by the Member State competent authority or the Member State testing centre concerned for the purposes of Article 10 of the Roadworthiness Directive shall be presented to the issuing authority for the purposes of subsection (3B).]
(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]
(4)On completion of a test under subsection (3) of this section, the issuing authority shall either—
(a)refuse the application, or
(b)F95[where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency] subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—
(i)in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or
(ii)in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,
but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.
(5)(a)A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.
(b)A decision under this subsection of a Justice of the District Court shall be final and not appealable.
(6)(a)A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.
(b)A decision under this subsection of a Justice of the District Court shall be final and not appealable.
(7)Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.
34. Certificates of fitness.
34.—(1)In this section—
“the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section;
“relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person’s physical and mental condition in the case of an application for that certificate of fitness.
(2)A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases:
(a)where he is disqualified for holding a driving licence until he produces a certificate of fitness,
(b)where under the regulations under this Act an application by him for a F98[Irish driving licence] is required to be accompanied by a certificate of fitness.
(3)A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition.
(4)Where—
(a)an application is duly made under this section to the issuing authority, and
(b)the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection (3) of this section,
the issuing authority shall, after consideration of the application and report, either—
(i)refuse the application, or
(ii)issue a certificate (in this Act referred to as a certificate of fitness) certifying—
(I)in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or
(II)in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive,
but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency.
(5)(a)A person aggrieved by a decision under of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction.
(b)A decision under this subsection of a Justice of the District Court shall be final and not appealable.
35. Provisional licence.
F99[35.—(1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit ("learner permit") licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.
(2) An application for a learner permit shall be—
(a) made to the licensing authorityF100[…],
(b) in accordance with the regulations under section 42,F101[…]
F102[(c) accompanied by—
(i) the appropriate fee, and
(ii) any photograph of the applicant, certificate of fitness or medical report,
required under regulations under this Act, and]
F103[(d) accompanied by evidence, in accordance withF104[regulations made under section 42(2)(ca)], that the person has a legal right to reside in the State.]
(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.
(4) A learner permit has effect in accordance with its terms and conditions.
(5) In a prosecution for an offence under—
(a) section 38(2), it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,
(b) section 38(4), it is a defence for the defendant to show that the person employed to drive the vehicle held, at the time he or she drove the vehicle, a learner permit then having effect and permitting him or her to drive the vehicle,
(c)section 40, it is a defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he or she produced a learner permit having effect at the material time and permitting him or her to drive the vehicle and that he or she permitted the member of the Garda Síochána to whom it was produced to read it.
(6) SectionsF101[…]26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where—
(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to theF100[…]licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance withF102[section 35, and]
(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance withF102[section 35.]
(c)F101[…]]
F103[(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005.
(8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records.
(9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with—
(a) such information from the records, and
(b) such copies of licence records or of such extracts from such records, as the person may reasonably require.
(10) Subsection (9) applies to—
(a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and
(b) such other categories of person and the purpose for such access as may be prescribed.
(11) In this section, "licence records" means records maintained under section 60 of the Finance Act 1993.]
35A. F105[Offences by owner of mechanically propelled vehicle driven by another person
35A.—(1) An owner of a mechanically propelled vehicle shall be guilty of an offence where a person, not being that owner, drives the vehicle in a public place at a time that the person—
(a) is not the holder of a driving licence or learner permit for the category of vehicle concerned, or
(b) is the holder of a learner permit for a vehicle of a category specified in clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) and is not driving the vehicle in accordance with that clause.
(2) It shall be a defence to proceedings for an offence under this section for the owner of a mechanically propelled vehicle to show—
(a) that the vehicle was used or taken possession of without his or her consent,
(b) in the case of proceedings for an offence under paragraph (a) of subsection (1), that prior to the driving of the vehicle in a public place he or she took all reasonable steps to satisfy himself or herself that the person held a driving licence or learner permit, as the case may be, or
(c) in the case of proceedings for an offence under paragraph (b) of subsection (1), that he or she took all reasonable steps to satisfy himself or herself that the person would be driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006.
(3) A person guilty of an offence under this section shall be liable on summary conviction to a class D fine.]
36. Order for endorsement in case of conviction, disqualification order or removal of disqualification.
36.—(1)F106[…]
(2)F107[…]
(3)(a)Where a person is convicted of an offence and a consequential or ancillary disqualification order is made by the court on his conviction, the court shall by order direct particulars of F108[…] the disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.
(b)Where a consequential or ancillary disqualification order is suspended F109[…] pending an appeal, the relevant order under this subsection shall also stand suspended F109[…], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F109[…] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.
(c)In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential or ancillary disqualification order was made and in the case of an appeal under subsection (4) of section 27 of this Act, jurisdiction to make, confirm or annul an order made under paragraph (a) of this subsection is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing, and the appellate court shall—
(i)where it makes a disqualification order and in consequence makes an order under paragraph (a) of this subsection, annul the order previously made under that paragraph,
(ii)where it confirms the disqualification order, confirm the order made under paragraph (a) of this subsection,
(iii)where it annuls the disqualification order, annul the order made under paragraph (a) of this subsection,
(iv)where it varies the disqualification order, annul the order previously made under paragraph (a) of this subsection and by a new order direct particulars F108[…] of the disqualification order (as varied) to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.
(4)(a)Where a special disqualification order is made in relation to any person, the court shall by order direct particulars of the special disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.
(b)Where a special disqualification order is suspended F109[…] pending an appeal, the relevant order under this subsection shall also stand suspended F109[…], but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension F109[…] of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.
(c)Where an appeal is taken in a case in which an order has been made under this subsection, the Circuit Court shall (as may be appropriate)—
(i)annul such order, or
(ii)annul such order and make an order under this subsection.
(5)Where a disqualification is removed under section 29 of this Act, the court shall by order direct particulars of the removal to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.
F110[(6) In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.
(7) Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.
F111[(8) The Courts Service shall inform the Minister of an order made—
(a) under subsection (3) or (4) of this section,
(b) suspending or postponing an order under either of those subsections, or
(c) under section 29 of this Act removing a consequential or ancillary disqualification.]
(9) In this section, "entry" has the meaning assigned to it by the Road Traffic Act, 2002.]
37. Transfer of endorsement to new licence.
37.—F112[…]
38. Prohibition on driving without driving licence.
38.—(1)A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.
F113[(2)(a)A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—
(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more thanF114[3 months]before the commission of the offence, to a fine not exceeding€1,000, and
(ii) in any other case, to a fine not exceeding€2,000.]
(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, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.
(3)The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.
(4)(a)A person who contravenes subsection (3) of this section shall be guilty of an offence.
(b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.
F113[(5) A person—
(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence—
(i) disqualified for holding a driving licence, or
(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,
in lieu of the penalty mentioned in subsection (2)(a), or
(b) who is summarily convicted of the offence of contravening subsection (3) in a case in which the person employed to drive the vehicle was at the time he or she drove the vehicle—
(i) disqualified for holding a driving licence, or
(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,
in lieu of the penalty mentioned in section 102,
is liable to a fine not exceeding€5,000 or to imprisonment for a term not exceeding 6 months or both.]
(6)Subsections (1) to (5) of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.
(7)Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections (1) to (5) of this section and sections 40 and 41 of this Act.
F115[(7A) Subsections (1), (2), (3), (4) and (5) shall not apply in relation to a mechanically propelled vehicle that is a bicycle or tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—
(a) which has a maximum continuous rated power greater than 0.25 kilowatts but less than or equal to 1 kilowatt, and
(b) the output of which cuts off when the physical exertions stop and before, or when, the bicycle or tricycle reaches the speed of 25 kilometres per hour.]
F116[(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—
(a) is committing, or has committed, an offence undersubsection (1), and
(b) is disqualified from holding a driving licence.]
F117[(9)In this section, notwithstanding the definition of driving licence in section 3, "driving licence" means—
(a) an Irish driving licence,
(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 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 vehicle,
(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1), or
(d) both—
(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1), and
(ii) the permission to reside given to a relevant person who holds the licence or permit referred to in subparagraph (i).]
39. Prohibition on applying for driving licence when disqualified.
F118[39.—(1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding€5,000 or to imprisonment for a term not exceeding 6 months or to both.]
40. Production of driving licence on demand by member of Garda Síochána.
F119[40.—(1) A member of the Garda Síochána may demand of a person—
(a) driving in a public place a mechanically propelled vehicle, or
(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,
the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.
(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.
(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.
(4)F120[(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence.]
(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.
(c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.
(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, he or she commits an offence.
F122[(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.]
(7) A member of the Garda Síochána may arrest without warrant—
(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or
F123[(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda Síochána under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.]
(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.
F124[(9) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]]
F125[(9A) This section does not apply in relation to a mechanically propelled vehicle referred to in section 38(7A).]
F126[(10) In this section "driving licence" has the meaning given to it by section 38(9).]
41. Writing of signature on demand by member of Garda Síochána.
41.—(1)A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection (2) of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.
(2)The condition referred to in subsection (1) of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees.
F127[(3) This section does not apply in relation to a mechanically propelled vehicle referred to in section 38(7A).]
42. Regulations under Part III.
F128[42.—(1) In this section "licence" means a driving licence or learner permit.
(2) The Minister may make regulations to provide for all or any of the following:
(a) the categorization for the purposes of this Part of mechanically propelled vehicles;
(b) the form of driving licences and learner permits;
(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;
F129[(ca) the evidence to accompany an application for an Irish driving licence or a learner permit in order to show that the person has a legal right to reside in the State;
(cb) the automatic revocation of an Irish driving licence or a learner permit—
(i) where a person no longer has a right to reside in the State,
(ii) where the evidence that accompanied an application for an Irish driving licence or a learner permit showing that the person had a legal right to reside in the State expires or is revoked,
(iii) in circumstances where the evidence that accompanied an application for an Irish driving licence or a learner permit showed that the legal right of the person to reside in the State was limited or finite, on an anniversary of the date on which the licence is granted,
(iv) where the Minister becomes aware following the grant of an Irish driving licence or a learner permit that—
(I) at the time an Irish driving licence or a learner permit was granted, the applicant did not meet the requirements for the granting of the Irish driving licence or a learner permit, or
(II) the Irish driving licence or a learner permit was obtained by fraud,
on the date on which the Minister notifies the holder of the Irish driving licence or a learner permit,
F130[(cc)]the retention of a revoked Irish driving licence or a learner permit by a member of the Garda Síochána, the subsequent destruction of a retained licence and the notification of the holder of the revoked licence;]
(d) the surrender of licences;
(e) the securing that licences for a category are not issued to persons already holding licences for such category;
(f) the issue byF131[the licensing authority]of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;
(g)F132[…]
(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession ofF133[the licensing authority]with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;
(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;
(j) the period during which a learner permit is to remain in force;
(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;
(l) the issue of licences by officers of any Minister of the Government or theF134[…]licensing authority;
(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;
(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;
(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;
(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licenceF135[and the disposal of such fees].
(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licenceF135[and the disposal of suchF136[fees;]]
F129[(q) the application to learner permits of harmonised Community codes under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006^1on driving licences;
(r) the application to licences of national codes, along with corresponding information indicating—
(i) restrictions on the conditions of validity of a licence, or
(ii) matters voluntarily brought to the Minister’s attention by the holder of the licence.]
(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:
(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;
(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;
(c) the making of applications for certificates;
(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;
(e) the fees to be paid on applications for certificates and their disposition;
(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;
(g) the persons by whom further tests directed under section 33(6) are to be carried out;
(h) the nature of and manner of holding tests;
(i) the form of reports by registered medical practitioners under section 34;
(j) the form and manner of issue of certificates and the period of their validity;
(k) the keeping of records by specified persons;
(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);
(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);
(n) the minimum period which has to elapse, following the granting of a learner permit and in circumstances as may be prescribed, during which the holder of the licence may not apply for a certificate of competency.
F129[(3A) The Minister may make regulations providing for—
(a) minimum standards of physical and mental fitness (including different standards in relation to a driving licence or learner permit in respect of different categories of vehicle) to be met by a person when he or she is making an application for a driving licence or learner permit,
(b) the classes of persons who, when applying for a driving licence or learner permit, are required to produce a medical report that certifies that the person meets standards prescribed under paragraph (a),
(c) the classes of persons who may carry out a medical examination and sign a medical report that certifies that a person meets standards prescribed under paragraph (a), and
(d) the form of a medical report for the purposes of paragraph (b).
(3B) The Minister may publish guidelines to be followed by a person who carries out a medical examination or signs a report for the purposes of the production of a medical report referred to in subsection (3A)(b).
(3C) A person who certifies that a person meets standards prescribed under subsection (3A)(a) who, at the time of so certifying, knows this to be false, or who includes in a medical report referred to in subsection (3A)(b), information which he or she knows to be false, is guilty of an offence.]
(4) Regulations under this section in relation to disqualifications and endorsements under this Act mayF137[…]provide for all or any of the following matters:
(a) the production of licences in court;
(b) the effecting of endorsements ordered under section 36;
(c) the transmission of licences by the court toF138[the licensing authority]to be retainedF139[…]until they have expired or the disqualification ends (whichever is the shorter period);
(d) the notification toF138[the licensing authority]of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered undersection 36.
(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.
F140[(5A) Regulations under this section which provide for the payment of fees may provide for the method by which fees are to be paid and for a combination of fees separately payable to be paid together as one fee.]
(6) A person who contravenes a regulation under this section which is stated to be a penal regulation is guilty of an offence.]
43. Transitional provisions (Part III).
43.—(1)A licence under Part III of the repealed Act in force at the commencement of this subsection shall be deemed to be a driving licence.
(2)An order under section 30 of the repealed Act in force at the commencement of this subsection shall be deemed to be a consequential disqualification order.
(3)An order under section 31 of the repealed Act in force at the commencement of this subsection shall be deemed to be an ancillary disqualification order.
(4)An order under section 32 of the repealed Act in force at the commencement of this subsection shall be deemed to be a special disqualification order.
(5)If and so long as, section 26 of this Act having come into operation, the repeal by this Act of Part III (other than sections 29 and 30) of the repealed Act has not come into operation, a consequential disqualification order shall be deemed for the purposes of the repealed Act to be a consequential disqualification order under that Act notwithstanding the repeal of section 30 thereof.
(6)If and so long as, section 29 of this Act having come into operation, the repeal by this Act of section 31 of the repealed Act has not come into operation, the said section 29 shall apply to an order under the said section 31.
PART IV. Speed Limits.
44. Ordinary speed limits.
44.—F142[…]
44A. F143[General speed limit
44A.—F144[…]]
44B. F145[Motorway speed limit.
44B.—F146[…]]
45. Built-up area speed limits.
45.—F147[…]
46. Special speed limits.
46.—F148[…]
47. Offence of exceeding speed limit.
F149[47.—(1) A person shall not drive a mechanically propelled vehicleF150[or a powered personal transporter]at a speed exceeding the speed limit—
(a) that applies in respect of that vehicleF150[or transporter, as the case may be], or
(b) that applies to the road on which the vehicleF150[or transporter]is being driven where that speed limit is lower than that applying to that vehicleF150[, or transporter, as the case may be].
(2) A person who contravenes subsection (1) is guilty of an offence.
F151[(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit thatF152[…]applied under this Act to the road when the offence is alleged to have been committed.]
(3) In this section“speed limit”means a limit which is—
(a) an ordinary speed limit,
(b) the built-up area speed limit,
F153[(c) the regional roads speed limit,]
F154[(ca) the local roads speed limit,]
(d) the national roads speed limit,
(e) the motorway speed limit,
(f) a special speed limitF155[,]
(g) a road works speed limitF155[, or]]
F156[(h) a variable speed limit.]
PART V. Driving Offences.
48. Driving mechanically propelled vehicle when unfit.
48.—(1)A person shall not drive or attempt to drive a F158[vehicle] in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.
F159[(2)A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction,F160[in the case of a first offence, to a fine not exceeding€1,000]or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and,F160[in the case of a second or any subsequent offence, to a fine not exceeding€2,000]or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]
49. Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug.
49.—F161[…]
50. Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug.
F162[50.—(1)F163[…]
(2)F163[…]
(3)F163[…]
(4)F163[…]
(5)F163[…]
(6)F163[…]
(7)F163[…]
(8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he shows the contrary.
(9)F163[…]
(10)F163[…]]
51. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.
51.—F164[…]
51A. F165[Driving without reasonable consideration.
51A.—(1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.
(2) A person who contravenes subsection (1) commits an offence.]
52. F166[Careless driving.
52.—(1) A person shall not drive a vehicle in a public place without due care and attention.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding€10,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a class A fine.
(3) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he or she may arrest the first-mentioned person without warrant.]
53. F167[Dangerous driving.
53.—(1) A person shall not drive a vehicleF168[…]in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the placeF169[in which it is driven]and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding€20,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.
(3) In a prosecution for an offence under this section or section 52, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower, underPart 2of theRoad Traffic Act 2004.
(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of the opinion that he or she had not committed an offence under this section but had committed an offence under section 52, the jury or court may find him or her guilty of an offence undersection 52, and he or she may be sentenced accordingly.
(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.]
54. F170[Driving of dangerously defective vehicle.
54.—(1) A person who drives a mechanically propelledF171[vehicleF172[, a powered personal transporter,]or a combination of vehicles]in a public place while there is a defect affecting theF171[vehicleF172[, transporter,]or a combination of vehicles]which he or she knows of or could have discovered by the exercise of ordinary care and which is such that theF171[vehicleF172[, transporter,]or a combination of vehicles]is, when in motion, a danger to the public, commits an offence.
(2) Where a mechanically propelledF171[vehicleF172[, a powered personal transporter,]or a combination of vehicles]is driven in a public place while there is a defect affecting theF171[vehicleF172[, transporter,]or a combination of vehicles]which the owner knows of or could have discovered by the exercise of ordinary care and which is such that theF171[vehicleF172[, transporter,]or a combination of vehicles]is, when in motion, a danger to the public, such owner commits an offence.
(3) Where a person is charged with an offence undersubsection (2), it is a defence to the charge for him or her to show that theF171[vehicleF172[, transporter,]or a combination of vehicles]was being driven on the occasion in question by another person and that such driving was unauthorised.
(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.
(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.]
F173[(6) Where a person is charged with an offence under this section involving a combination of vehicles it shall be presumed, until the contrary is shown, that the owner of the mechanically propelled vehicle was also the owner of any vehicle or vehicles drawn thereby at the time of the alleged offence.]
55. F174[Parking vehicle in dangerous position.
55.—(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction—
(a) in the case of—
(i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or
(ii) a second or any subsequent offence, to a class B fine or to imprisonment for a term not exceeding one month or to both,
and
(b) in any other case, to a class C fine.
(3) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.]
PART VI. Compulsory Insurance of Mechanically Propelled Vehicles.
56. Obligation to be insured or guaranteed.
56.—(1)A person (in this subsection referred to as the user) shall not use in a public place a F175[vehicle] unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—
(a)an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person F176[…] by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or
(b)an approved guarantee whereby there is guaranteed the payment by the user, or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, of all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.
F177[(2)The insurance required by this section may be subject to the following limitation and the following exception or either of them—
F175[(a) it may, in so far as it relates to injury to property, be limited to the sum of €1,300,000 per claim, whatever the number of injured parties,]
(b)there may be excepted from the liability covered thereby any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor by special contract.]
F179[(2A) An approved policy of insurance referred to in paragraph (a) of subsection (1) of this section shall extend to damages or costs on account of injury to persons or property incurred by the negligent use of a mechanically propelled vehicle by the user in any of the designated territories to the extent required by the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles of the territory where the damages or costs may be incurred, or to the extent required by this Part of this Act, whichever is the greater.]
F180[(2B) An approved policy of insurance referred to in paragraph (a) of subsection (1) shall extend to any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident irrespective of the vehicle’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.]
(3)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 F181[a fine not exceeding€5,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(4)Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act,—
(a)the person on whom the demand was made refused or failed to produce a certificate of insurance, certificate of guarantee or certificate of exemption then and there, or
(b)such person, having duly produced such certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,
it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.
(5)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.
(6)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.
F182[(7)F183[…]
F184[(8)F175[In this Part a reference to the use of a vehicle in the territory in which the vehicle is normally based is a reference to—]
(a)the territory of the state of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary,
(b)in a case where no registration plate is required for a type of vehicle, but the vehicle bears an insurance plate or a distinguishing sign analogous to the registration plate, the territory of the state in which the plate or sign is issued, or
(c)in a case where a registration or insurance plate or distinguishing sign is not required for a vehicle, the territory of the state in which the person who has custody of the vehicle is resident.
F175[(9) In this Part—
"designated territories" means the territories of the Member States (other than the State) and Iceland, Norway and Switzerland;
"party injured" and "injured party" means any person entitled to compensation in respect of any loss or injury caused by vehicles;
"use of a vehicle" means any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident, irrespective of the vehicle’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion;
"vehicle" means—
(a) any motor vehicle propelled exclusively by mechanical power on land but not running on rails with—
(i) a maximum design speed of more than 25 km/h, or
(ii) a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h, or
(b) any trailer to be used with a vehicle referred to in paragraph (a), whether coupled or uncoupled,
but does not include a wheelchair vehicle exclusively intended for use by a person with a physical disability.]]]
F185[(10)F183[…]]
56A. F187[Obligation to supply vehicle insurer or certain intermediaries with certain information
56A.—(1) For the purpose or in the course of obtaining the issue of an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a person, other than a fleet owner or motor trader, shall supply to the insurer or intermediary the following information:
(a) his or her name and address and the name of any other person who is to be named in particular 6 of the certificate of insurance;
(b) the date of birth of each person to whom paragraph (a) applies;
(c) the registration number or, in the event that the registration number is not available, the vehicle identification number (VIN) or any other unique identifying number given by the manufacturer, if available;
F188[(d) in respect of each person who is to be named in particular 6 of the certificate of insurance—
(i) the country of issue of the licence or permit, and
(ii) in the case the person concerned holds—
(I) an Irish driving licence, the number given at item 4d and described as "Uimhir tiomána" or "Driver number" on the licence,
(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the permit, or
(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued.]
(2) Any change or error in respect of the information which has been provided pursuant to subsection (1) shall be notified by the person to whom the approved policy of insurance is issued or to be issued to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.
(3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a class E fine.
(4) For the purpose of or in the course of obtaining an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a fleet owner or motor trader shall supply to the vehicle insurer or intermediary, as the case may be—
(a) his or her name and address and the names of any other person to be named in particular 6 of the certificate of insurance, and
(b) where applicable, the class or classes of driver whose liability is proposed to be covered by the policy.
(5) Any change or error in respect of the information which has been provided pursuant to subsection (4) shall be notified by the fleet owner or motor trader, as the case may be, to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.
(6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a class E fine.
F188[(7) A fleet owner or motor trader, as the case may be, shall, in respect of an approved policy of insurance to which subsection (4) refers, supply to MIBI within 14 days—
(a) of the issuing of an approved policy of insurance, in respect of a person named in particular 6 of the certificate of insurance—
(i) his or her date of birth, and
(ii) the information specified inF189[paragraph (d)(i) or (ii),]as the case may be, of subsection (1),
F189[(b) of a person’s name being added to particular 6 of the certificate of insurance—
(i) his or her name and date of birth, and
(ii) such of the information specified in paragraph (d)(i) or (ii) of subsection (1) as is relevant to him or her,
and]]
F190[(c) of a vehicle being in the possession of the fleet owner or motor trader, as the case may be, the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available.]
F190[(8) Where a vehicle is in the possession of a fleet owner or motor trader for 14 days or less, the requirement under subsection (7)(c) does not apply.
(9) Any change or error in respect of the information provided pursuant to subsection (7)(a), (b) or (c) shall be notified by the fleet owner or motor trader to MIBI within 5 days of the change occurring or the error coming to the attention of the owner or trader, as the case may be.
(10) A person who contravenes subsection (7) or (9) commits an offence and is liable on summary conviction to a class E fine.]
(11) A vehicle insurer shall not issue a policy of insurance to a person who fails to supply the information required under subsection (1) or (4).
(12) A person who contravenes subsection (11) commits an offence and shall be liable on summary conviction to a class E fine.
(13) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or the connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(14) In proceedings for an offence under this section or section 78A it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(15) For the purposes of this section and section 78A—
(a) a renewal of an approved policy of insurance shall be deemed to be an issue thereof,
(b) "certificate of insurance" means the certificate the form of which is in the Second Schedule to the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ),
(c) "fleet owner" has the same meaning as it has in the Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984),
(d) "MIBI" means the Motor Insurers’ Bureau of Ireland, and
(e) "motor trader" means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing, dealing in or distributing components or parts for vehicles or of the carriage of vehicles).]
56B. F191[Transitional provision (section 56A)
56B.—Where, immediately after the commencement of section 56A, a person is in the process of submitting information to an insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purpose, or in the course, of obtaining the issue of an approved policy of insurance, but the policy has not issued to him or to her, the provisions of section 56A shall apply.]
57. Fine in lieu of damages and imprisonment in addition to damages.
57.—(1)Where—
(a)the court, on a conviction for an offence under the immediately preceding section, is satisfied that injury was caused to person or property by the negligent use on the occasion on which the offence was committed of the vehicle in relation to which the offence was committed and
(b)the court is of opinion that some person then present or represented would be entitled to recover in a civil action against the convicted person damages in respect of the injury,
the court may, if it thinks fit and the person present or represented consents, inflict on the convicted person, in addition to any other punishment, a fine not exceeding the damages which in the opinion of the court the person present or represented would be entitled to recover against the convicted person.
(2)Where a fine is imposed under subsection (1) of this section on a convicted person—
(a)the court imposing the fine may sentence the convicted person to any term of imprisonment, not exceeding six months, in default of payment of the fine within such time, not being less than fourteen days, as the court appoints,
(b)the amount of the fine shall be paid to the person on account of whose right to recover damages the fine was imposed and, if there is more than one such person, in such proportions as the court directs,
(c)the payment of the fine by the convicted person shall be a good defence to any civil action brought by any person to whom the fine or any part thereof was so paid in respect of the injury on account of which the fine was inflicted,
(d)without prejudice to any right of appeal by any other person, the person or any of the persons to whom the fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of the fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose circuit is situate the district or any part of the district of the Justice by whom the fine was inflicted, and the decision of the Judge on the appeal shall be final.
(3)Where damages are recovered in a civil action against a person who was convicted of an offence under the immediately preceding section in respect of injury to person or property caused by the negligent use on the occasion on which the offence was committed of the F192[vehicle] in relation to which the offence was committed, the court before whom the damages are recovered may if the damages are not paid within fourteen days or such longer period as the court may determine order that the person against whom the damages were recovered be forthwith taken into custody and be imprisoned for whichever of the following periods is the shorter, that is to say, until the expiration of six months from the taking into custody or until he pays the amount of the damages to the person by whom they were recovered and lodges in court, by way of security for the payment of the costs recovered by that person in the action, such sum (if any) as the court fixes.
(4)This section applies only to injury against liability with respect to which an approved policy of insurance or an approved guarantee is required by this Act to be effected.
58. Vehicle insurer.
F193[58.—F194[(1) In this Act, "vehicle insurer" means an insurer or an insurer authorised in another Member State—
(a) issuing policies covering risk in the State classified under class 10 in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), and
(b) which is a member of the Motor Insurers’ Bureau of Ireland, other than an insurer that issues policies covering carrier’s liability only.]
(2)F195[…]]
59. Vehicle guarantor.
59.—In this Act “vehicle guarantor” means, subject to subsection (2) of section 78 of this Act, a person who—
(a)is not a vehicle insurer, and
(b)carries on the business of issuing approved guarantees, and
(c)has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees,
60. F196[Exempted person.
60.—(1)In this Part of this Act“exempted person”means, subject to subsection (3) of section 78 of this Act—
(a)a board or other body established by or under an Act of the Oireachtas or an Act of the Oireachtas of SaorstátÉireann,
(b)a company (hereinafter referred to as a State-sponsored company) within the meaning of subsection (1) ofSection 2of theCompanies Act, 1963, in which the majority of the shares are held by or on behalf of a Minister of State, or
(c)a company within the meaning of subsection (1) of section 2 of the Companies Act, 1963, in which the majority of the ordinary shares are held by a State-sponsored company or a board or other body mentioned in paragraph (a) of this subsection,
in respect of which the Minister has issued a certificate that such board, other body or company is for the time being an exempted person for the purposes of this Act.
(2)The Minister shall not issue a certificate under this section unless he is of the opinion (having, in a case where a deposit undersection 61of this Act has been made and maintained, taken such deposit into account) that the board, other body or company is, and will be, capable of meeting any liability arising out of the negligent use of aF197[vehicle]in respect of which, if such board, other body or company were not an exempted person or a vehicle insurer, an approved policy of insurance would be required to be in force at the material time.]
61. F198[Deposits by exempted persons.
61.—(1)The Minister may from time to time require the deposit with the Accountant of the Courts of Justice by a person desiring to become an exempted person of such sum as the Minister shall specify in such requirement.
(2)The Accountant of the Courts of Justice shall invest a sum deposited under this section in such of the securities authorised by law for the investment of funds in the High Court as the depositor directs, and the income accruing on the securities shall be paid to the depositor.
(3)The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister.
(4)The Minister may make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares or other securities in lieu of money, the payment of the income from time to time accruing on securities in which deposits are for the time being invested and the withdrawal and transfer of deposits.]
62. Approved policy of insurance.
62.—(1)A policy of insurance shall be an approved policy of insurance for the purposes of this Act if, but only if, it complies with the following conditions:
(a)it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein;
(b)the insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person F199[…] whether by way of damages or costs on account of injury to person or property caused by the negligent use, during the period (in this Act referred to as the period of cover) specified in that behalf in the policy, of a mechanically propelled vehicle to which the policy relates, by the insured or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the policy;
(c)the liability of the insurer under the policy is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved policy of insurance; F199[…]
F200[(cc) The liability of the insurer extends, in addition to the negligent use of theF201[vehicle]in the State, to the negligent use of the vehicle in the designated territories according to the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles in force in those territories or to the extent required by this Part, whichever is the greater;]
(d)the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days’ notice in writing to the F202[insured; and]
F201[(e) the liability of the insurer extends to any loss or injury suffered by the injured party, due to the negligent use of a vehicle, during a direct journey between two Member States, if there is no national insurers’ bureau responsible for the territory which is being crossed in accordance with the law relating to compulsory insurance against civil liability in respect of the use of vehicles in the territory.]
F204[(1A) For the purpose of this Part a policy of insurance issued in accordance with the laws on compulsory insurance in force in any of the designated territories, other than the State, in respect of aF201[vehicle]normally based in that territory is an approved policy of insurance.]
(2)A policy of insurance which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
F205[(3)A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance being subject to a limitation or an exception referred to in subsection (2) of section 56 of this Act.]
F206[(4) In this section "national insurers’bureau" means a professional organisation which is constituted in accordance with Recommendation No. 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a state, are authorised to conduct the business of motor vehicle insurance against civil liability.]
63. Approved guarantee.
63.—(1)A guarantee shall be an approved guarantee for the purposes of this Act if, but only if, it complies with the following conditions;
(a)it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein;
(b)the insurer or guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use during the period (in this Act referred to as the period of cover) specified in that behalf in the guarantee, of a F207[vehicle] to which the guarantee relates, by the principal debtor or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the guarantee;
(c)the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved guarantee; and
(d)the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor save either with the consent of the principal debtor or after seven days’ notice in writing to the principal debtor.
(2)A guarantee which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3)A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee being subject to the following limitation and the following exception or either of them:
(a)the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,
(b)the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract.
(4)An approved guarantee issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on F207[vehicle] insurance business within the meaning of section 3 of that Act.
64. Fraud in obtaining policy or guarantee.
64.—(1)A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person’s participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect.
(2)A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F208[a fine not exceeding€5,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(3)In a prosecution for an offence under F209[…] this section, a document—
(a)which purports to be—
(i)a proposal forming the basis of the relevant contract of insurance or guarantee,
(ii)a document (other than a proposal) forming that basis, or
(iii)an application for participation in the cover afforded by the relevant contract of insurance or guarantee, and
(b)which purports to be signed by the defendant,
may be tendered in evidence without proof and shall be presumed, until the contrary is shown by the defendant, to be such proposal or document as aforesaid and to have been signed by the defendant.
F210[(4)(a)For the purposes of a prosecution for an offence under this section, a member of the Garda Síochána may, by a notice in writing served by post on a vehicle insurer, require the person within 10 days of the date of service of the notice to furnish to the member any document referred to in subsection (3) of this section which is in that person’s possession or within his procurement and is specified in the notice.
(b)A person who refuses or fails to comply with a requirement of a member of the Garda Síochána under paragraph (a) of this subsection shall be guilty of an offence.]
65. Excepted persons.
65.—(1)In this Part of this Act “excepted persons” means the following persons:
F211[(a) any person claiming in respect of injury to himself sustained while he was in or on aF212vehicle to which the relevant document relates, other than aF212[vehicle], or a drawn vehicle, or vehicles forming a combination of vehicles, of a class specified for the purposes of this paragraph by regulations made by the Minister, provided that such regulations shall not extend compulsory insurance in respect of civil liability to passengers to—
(i) any part of aF212[vehicle], other than a large public service vehicle, unless that part is designed and constructed with seating accommodation for passengers, or
(ii) a passenger seated in a caravan attached to aF212[vehicle]while such a combination of vehicles is moving in a public place.]
(b)any person claiming in respect of injury to person to another person where—
(i)in case the injury caused the other person’s death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph (a) of this subsection if he were himself claiming in respect of the injury, and
(ii)in any other case—the other person would be such an excepted person if he were so claiming,
(c)any person claiming in respect of injury to property sustained while the property was in or on a F212[vehicle] F213[(or a vehicle drawn thereby)] to which the relevant document relates,
(d)any person claiming in respect of injury to property sustained while the property was owned by or was in the possession, custody or control of the insured or the principal debtor in the relevant document,
(e)F214[…]
(f)F214[…]
(g)F214[…]
(2)In this section—
(a)“relevant document” means the approved policy of insurance or the approved guarantee in relation to which the expression “excepted persons” is used, and
(b)references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off, the vehicle, and injury caused by being thrown out of or off the vehicle.
F215[(c)“seating accommodation for a passenger”means—
(i) in the case of a vehicle other than a cycle, a fixed or folding seat permanently and securely installed in or on the vehicle, and
(ii) in the case of a cycle, a seat for one passenger behind the driver or a seat in a sidecar, in each case permanently and securely installed,
and“seating accommodation for passengers”shall be similarly construed.]
66. Certificate of insurance and certificate of guarantee.
66.—(1)Where a vehicle insurer issues an approved policy of insurance, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.
(2)Where a vehicle insurer or a vehicle guarantor issues an approved guarantee, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.
(3)For the purposes of this section, a renewal of an approved policy of insurance or an approved guarantee shall be deemed to be an issue thereof.
67. Effect of certificate of insurance or guarantee.
67.—(1)Where a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by him to a specified person—
(a)if and so long as no such policy as is described in the certificate has been issued, the insurer shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved policy of insurance conforming in all respects with the description and particulars stated in the certificate, and
(b)if the insurer has issued to the specified person a policy such as is described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer, either directly or through the specified person, than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.
(2)Where a vehicle insurer or a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by him to a specified person—
(a)if and so long as no such guarantee as is described in the certificate has been issued, the insurer or guarantor shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved guarantee conforming in all respects with the description and particulars stated in the certificate, and
(b)if the insurer or guarantor has issued to the specified person a guarantee such as is described in the certificate, but the actual terms of the guarantee are less favourable to persons claiming under or by virtue of the guarantee against the insurer or guarantor, either directly or through the specified person, than the particulars of the guarantee as stated in the certificate, the guarantee shall, as between the insurer or guarantor and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.
(3)Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which it would not have been liable if this section had not been enacted.
68. Certificate of exemption.
68.—(1)A vehicle insurer, a vehicle guarantor or an exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that the vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury caused by the negligent use of the vehicle.
(2)A certificate of exemption issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.
69. Production of certificate on demand.
69.—(1)(a)Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle 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 either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.
(b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.
(c)It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—
(i)he did not use the vehicle, or
(ii)he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.
(2)(a)Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle 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 F216[3 months] after the occasion, demand of the owner of the vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use on the occasion of the vehicle by the person then actually using it and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.
(b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.
(c)It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—
(i)that the vehicle was not used on the occasion in question, or
(ii)that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.
F217[(3) Where a person produces under this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.
(4) Where a person whoseF218[name and address and date of birth]is demanded under subsection (3) refuses or fails to give his or herF218[name and address and date of birth]or gives aF218[name and address and date of birth]which is false or misleading, he or she commits an offence.
(5) A member of the Garda Síochána may arrest without warrant—
(a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or
(b) a person who, when his or herF218[name and address and date of birth]is demanded of him or her by the member under this section, refuses or fails to give his or herF218[name and address and date of birth]or gives aF218[name and address and date of birth]which the member has reasonable grounds for believing to be false or misleading.]
F219[(6)F220[…]]
69A. F221[Insurance of certain vehicles entering the State.
F222[69A.—(1) In this section—
"authorised official" means an officer of the Revenue Commissioners or a member of the Garda Síochána;
"vehicle" means—
(a) any motor vehicle propelled exclusively by mechanical power on land but not running on rails with—
(i) a maximum design speed of more than 25 km/h, or
(ii) a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h, or
(b) any trailer to be used with a vehicle referred to in paragraph (a), whether coupled or uncoupled,
but does not include a wheelchair vehicle exclusively intended for use by a person with a physical disability.
(2) An authorised official may demand of a person having charge of a vehicle, being a vehicle, which is not normally—
(a) based in the State,
(b) based in any of the designated territories, or
(c) having entered the State from the territory of another Member State,
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