Road Traffic Act , 1961

when entering the State with the vehicle or having so entered, to produce evidence that the use of the vehicle in the State and in the designated territory is covered by insurance in accordance with the requirements of the laws of the State and of the designated territories relating to compulsory insurance against civil liability in respect of the use of vehicles and if on such demand having been made such evidence is not produced the vehicle shall not be used in the State.]

(3) Where the use of the vehicle in the State is prohibited under subsection (2) of this section an authorised official may remove and retain the vehicle or he may direct the driver to remove the vehicle to such place and subject to such conditions as may be specified in the direction, and, notwithstanding the provisions of subsection (2) of this section, it shall be lawful to move the vehicle to the extent necessary to comply with such direction.

(4) A vehicle which has been removed by or at the direction of an authorised official under subsection (3) of this section may be retained until evidence is produced that the use of the vehicle is covered by insurance in accordance with the provisions of subsection (2) of this section or until the vehicle is being removed from the State to a country which is not a designated territory.

(5) A person who uses a vehicle or causes or permits a vehicle to be used in contravention of subsection (2) of this section, or who refuses, neglects or otherwise fails to comply with a direction under subsection (3) of this section, shall be guilty of an offence and shall be liable on summary conviction toF223[a fine not exceeding€5,000].]

69B.—(1) In the case of an accident caused by a set of vehicles consisting of a vehicle towing a trailer, which is not normally based in the State, where the trailer has separate third-party liability insurance, the injured party may bring their claim directly against the insurance undertaking that insured the trailer where the trailer can be identified, but the vehicle towing it cannot be identified and the national law of another Member State provides for the insurer of the trailer to provide compensation.

(2) An insurance undertaking that has compensated the injured party shall have recourse to the undertaking that insured the towing vehicle, or to the compensation body if and to the extent that this is provided for under the applicable national law of another Member State.

(3) In the case of an accident caused by a set of vehicles consisting of a vehicle towing a trailer, which is not normally based in the State, the insurer of the trailer, unless the applicable national law of another Member State requires it to provide full compensation, shall, at the request of the injured party, inform him or her without undue delay of the identity of the insurer of the towing vehicle; or where the insurer of the trailer cannot identify the insurer of the towing vehicle, the compensation mechanism provided under the Agreement dated 29 January 2009 between the Minister for Transport and the Motor Insurers’ Bureau of Ireland.]

69C.—Where a vehicle is dispatched from the State to another Member State, the Member State in which the risk is situated shall be considered, depending on the choice of the person responsible for third party liability cover, to be either the Member State of registration or, immediately upon acceptance of delivery by the purchaser, the Member State of destination, for a period of 30 days, even if the vehicle has not formally been registered in the Member State of destination.]

70. Obligation to deliver up certificate.

70.—(1)Where the period of cover under an approved policy of insurance is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after the termination or suspension, deliver to the vehicle insurer by whom the policy was issued the latest certificate of insurance in respect of the policy.

(2)Where the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after the termination or suspension, deliver to the vehicle insurer or the vehicle guarantor by whom the guarantee was issued the latest certificate of guarantee in respect of the guarantee.

(3)A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence.

71. Obligation of insured or principal debtor to give notice of accident.

71.—(1)Subject to subsection (2) of this section, where an event occurs in relation to a F226[vehicle] in consequence of which the vehicle insurer who issued an approved policy of insurance or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the insured or the principal debtor (as the case may be) shall, as soon as practicable after the occurrence of the event, or where the event did not occur in his presence, within forty-eight hours after the occurrence of the event first came to his knowledge, give to the insurer by whom the policy was issued or to the insurer or guarantor by whom the guarantee was issued notice in writing of the occurrence of the event together with such particulars of the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2)An approved policy of insurance or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) from the obligation of giving the notice mentioned in subsection (1) of this section and, in any such case, that notice need not be given.

(3)A person who contravenes subsection (1) of this section shall be guilty of an offence.

(4)A notice or particulars required by this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insurer or guarantor, and the notice or particulars shall be deemed to be given in the time specified in this section for the giving thereof if so posted within that time.

72. Obligation of user of vehicle to give notice of accident.

72.—(1)Where an event occurs in relation to a F227[vehicle] in consequence of which the vehicle insurer who issued an approved policy of insurance, or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the person who is actually using the vehicle when the event occurs shall—

(a)unless he is himself the insured under the policy or the principal debtor under the guarantee or the event occurs in the presence of such insured or principal debtor, give to such insured or principal debtor, as soon as practicable after the occurrence of the event, notice of the occurrence together with full particulars thereof,

(b)give, on demand, to the insurer or guarantor such particulars relating to the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2)A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3)A notice or particulars required by paragraph (a) of subsection (1) of this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insured or the principal debtor.

72A. F228[Notice of accident involving vehicle temporarily in the State.

72A.—Where an event occurs in relation to aF229[vehicle]normally based in the designated territories in consequence of which a liability to pay money to any person may occur the person who is actually using the vehicle when the event occurs shall send to theF230[Motor Insurers’Bureau of Ireland]notice of the occurence of the event with full particulars thereof and particulars as to the territory in which the vehicle is normally based, the identification mark of the vehicle, the insurance of the vehicle (including the period covered thereby, the number of the policy and the name and address of the insurer and of the insured) and the name and address of the person using the vehicle.]

73. Obligation to give information as to insurance.

73.—(1)Where a claim is made against a person in respect of any such liability as is appropriate in accordance with this Act to be covered by an approved policy of insurance or an approved guarantee, such person, on demand in writing (served by registered post) by or on behalf of the person making the claim, shall—

(a)if the liability was so covered, state that fact, state the name and address of the insurer or guarantor concerned and state the prescribed particulars referred to in subsection (1) or subsection (2) (as may be appropriate) of section 66 of this Act,

(b)if the liability would have been so covered but for an approved policy of insurance or an approved guarantee having been avoided, cancelled or otherwise terminated, state that fact and state the name and address of the insurer or guarantor concerned,

(c)if the liability was not so covered on account of the person against whom the claim is made having been a vehicle insurer, a vehicle guarantor or an exempted person, state that fact and state the prescribed particulars referred to in section 68 of this Act, and

(d)if none of the foregoing paragraphs apply, state that fact.

(2)A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3)A statement demanded under this section may be given by posting the statement in a properly closed and prepaid envelope addressed to the person demanding it.

74. Amendment of Assurance Companies Act, 1909.

74.—(1)Section 1 of the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall have effect as if after paragraph (e) thereof the following paragraph were added:

(2)Where an assurance company or syndicate within the meaning of section 3 of the Insurance Act, 1936, carries on mechanically propelled vehicle insurance business within the meaning of that section, the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall apply with respect to that business, subject to the following modifications:

(a)sections 5 and 6 of the said Act shall not apply to the company or syndicate;

(b)the company or syndicate shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and the statement shall be printed, signed and deposited with that Minister in accordance with section 7 of the said Act and that section shall apply accordingly;

(c)paragraphs (d), (e), (f) and (g) of section 32 of the said Act shall apply to the company or syndicate as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.

75. Regulations in relation to certificates, keeping of records and giving of information.

75.—(1)The Minister may make regulations for all or any of the following purposes:

(a)the issue of certificates of insurance, certificates of guarantee and certificates of exemption;

(b)the issue of copies of, or new certificates in lieu of, any such certificates which are lost or destroyed and the maximum charges that may be made on such issues;

(c)the cancellation and surrender of such certificates;

(d)requiring vehicle insurers to keep records of all approved policies of insurance and approved guarantees issued by them;

(e)requiring vehicle guarantors to keep records of all approved guarantees issued by them;

(f)requiring exempted persons to keep records of all certificates of exemption issued by them;

(g)specifying the matters to be recorded in the records;

(h)enabling the records to be inspected by members of the Garda Síochána and officers of the Minister;

(i)requiring vehicle insurers to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved policies of insurance and approved guarantees issued by such insurers;

(j)requiring vehicle guarantors to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved guarantees issued by such guarantors.

(2)A person who contravenes a regulation under this section which is declared to be a penal regulation shall be guilty of an offence.

76. Miscellaneous provisions in relation to insured or guaranteed moneys.

76.—(1)Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechanically propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user), or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant may serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon the service of the notice such of the following provisions as are applicable shall, subject to subsection (2) of this section, have effect:

(a)the insurer shall not after service of the notice pay to the owner or user in respect of the sum any greater amount than the amount (if any) which the owner or user has actually paid to the claimant in respect of the sum;

(b)where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, the insurer or guarantor shall pay to the claimant so much of the moneys (whether damages or costs) for which judgment was or is so recovered as the insurer or guarantor has insured or guaranteed and is not otherwise paid to the claimant, and the payment shall, as against the insured or principal debtor, be a valid payment under the policy or guarantee;

(c)where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole amount of the judgment, the claimant may apply to the court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount;

(d)where the claimant has not so recovered judgment for the sum, the claimant may apply to any court of competent jurisdiction in which he might institute proceedings for the recovery of the sum from the owner or user for leave to institute and prosecute those proceedings against the insurer or guarantor (as the case may be) in lieu of the owner or user, and the court, if satisfied that the owner or user is not in the State, or cannot be found or cannot be served with the process of the court, or that it is for any other reason just and equitable that the application should be granted, may grant the application, and thereupon the claimant shall be entitled to institute and prosecute those proceedings against the insurer or guarantor, and to recover therein from the insurer or guarantor any sum which he would be entitled to recover from the owner or user and the payment of which the insurer or guarantor has insured or guaranteed;

(e)the insurer or guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of the policy or guarantee arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting F231[an offence] under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Act.

(2)Where, in respect of any one act of negligence or any one series of acts of negligence collectively constituting one event, there are two or more claimants and the total of the sums claimed for damages for injury to property or for which judgment has been recovered for damages for such injury exceeds the sum which the insurer or guarantor has insured or guaranteed, the liability, as regards each claimant, of the insurer or guarantor in relation to such damages shall be reduced to the appropriate proportionate part of the sum insured or guaranteed.

(3)Subsections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected.

(4)F232[…]

(5)A reference in this section to the owner or user of a mechanically propelled vehicle shall, where the context so admits, be construed as including a reference to his personal representative.

77. Application and repayment of deposit.

77.—(1)In this section “deposit” means a deposit under section 61 of this Act.

(2)Where a person has recovered judgment in any court against the depositor of a deposit for a sum to which this section applies, the High Court may, on the application of that person and if satisfied that the depositor has no goods which can be taken in execution to satisfy the judgment, order the amount of the judgment, together with the costs of the order, the application therefor and the proceedings thereunder, to be paid by the Accountant of the Courts of Justice out of the deposit.

(3)Where the amount of a judgment is paid under this section out of a deposit, the depositor may deposit with the Accountant of the Courts of Justice a sum equal to the sum paid out, and until he does so, he, shall be deemed not to comply with the provisions of this Part of this Act relating to the making of deposits.

(4)Where the depositor of a deposit, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit shall be applied, firstly, in payment of liabilities for sums to which this section applies and, secondly, as general assets.

(5)Where the High Court is satisfied, on the application of the depositor of a deposit or a person claiming through or under him and after notice to F233[the Minister] and after such publication of advertisements as the High Court directs, that the deposit should be paid out to the applicant, the High Court may order it to be so paid out either unconditionally or subject to conditions.

(6)Each of the following sums shall, for the purposes of the foregoing subsections of this section, be a sum to which this section applies:

(a)a sum against the liability for which the depositor of a deposit, being a vehicle guarantor, is guarantor under an approved guarantee,

(b)a sum against the liability for which the depositor of a deposit, being a vehicle guarantor or an exempted person, would, if he were not such depositor, have been required by this Act to have effected an approved policy of insurance or an approved guarantee.

78. Provisions relating to Motor Insurers’ Bureau of Ireland.

F234[78.—F235[(1) Subject to subsection (1A), a person shall not issue 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), unless the person is a member of the Bureau.]

F236[(1A) The policies referred to in subsection (1) exclude policies covering carriers’ liability only.]

(2) A person shall not be an exempted person unless there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles owned by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.

(3) The provisions of this section shall have effect notwithstanding any other provision of this or any other Act.

(4) In this section,

“the Bureau”means the Motor Insurers’Bureau of Ireland.]

78A. F237[Vehicle insurers to provide details of motor insurance policies.

F238[78A.—(1) MIBI shall maintain a database of information specified in subsections (2), (3), (4), (5) and (7), and of information submitted to it under section 56A(7) and (9), and is designated as a data controller in relation to personal data processed for the purposes of this section and section 56A.

(2) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance, notify MIBI of the following information in respect of persons to whom section 56A(1) applies:

(a) the name and address of the person to whom the policy of insurance is issued and the name of any other person named in particular 6 of the certificate of insurance;

(b) the date of birth of a person to whom paragraph (a) applies;

(c) any limitations as to the use of aF239[vehicle]to which the policy relates;

(d) the policy number and the period of cover of the policy;

(e) 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;

F240[(f) in respect of each person 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 tiomána2 or "Driver number" on the licence, or

(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued.]

(3) Where a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf becomes aware of any error in or change to information provided to the insurer under section 56A(1), the insurer or intermediary, as the case may be, shall, within 5 working days of being made aware of the change or error, notify MIBI of such change or error.

(4) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance to a fleet owner or motor trader, notify MIBI of the following information in respect of that policy:

(a) the name and address of the fleet owner or motor trader, as the case may be, and the names of any person named in particular 6 of the certificate of insurance;

(b) any limitations as to the use of a mechanically propelled vehicle to which the policy relates;

(c) the policy number and the period of cover of the policy.

(5) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall ensure that any changes or errors with respect to the matters provided for in subsection (4) are notified to MIBI within 5 working days after the insurer or intermediary, as the case may be, becomes aware of the change or error.

(6) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who contravenes subsection (2), (3), (4), (5) or (7) commits an offence and is liable on summary conviction to a class E fine.

(7) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has cancelled an approved policy of insurance, notify MIBI of the cancellation.

(8) MIBI may process data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) for the purposes of its functions under Regulations 5 and 6 of the European Communities (Fourth Motor Insurance Directive) Regulations 2003 (S.I. No. 651 of 2003).

(9) MIBI shall make available data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) to—

(a) the Minister, for the purposes of the Minister’s functions under section 60 of the Finance Act 1993 in respect of the National Vehicle and Driver File and for the purposes of the Minister’s functions under section 2 of the Road Traffic and Transport Act 2006 in respect of an operator’s licence,

(b) the Garda Síochána, for the purposes of carrying out its functions in respect to enforcement of the Road Traffic Acts 1961 to 2023,

(c) ...

(d) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who provided it with information under subsection (2), (3), (4), (5) or (7), and

(e) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purposes of verifying information provided pursuant to section 56A(7) and (9) in circumstances where there is an approved policy of insurance to which section 56A(4) applies.

(10) MIBI shall, within 18 months of the commencement of this section and thereafter annually, submit to the Minister a report in relation to its operation of the database maintained by it pursuant to subsection (1).

(11) MIBI may, subject to regulations made by the Minister for that purpose, make available the information specified in subsections (2), (3), (4), (5) or (7) and section 56A(7) and (9)—

(a) to the recipients specified in subsection (9) for such further purposes as may be specified in the regulations, and

(b) to such further recipients as may be specified in the regulations for such further purposes as may be specified therein.

(12) In this section—

"National Vehicle and Driver File" means records established and maintained by the Minister under section 60 of the Finance Act 1993;

"operator’s licence" has the same meaning as it has in section 2 (9) of the Road Traffic and Transport Act 2006.]]

78B. F242[Recovery of sums paid by Motor Insurers’ Bureau of Ireland

78B.—(1) Any proceedings initiated by or on behalf of the Motor Insurers’Bureau of Ireland seeking recovery of liquidated sums paid by the Bureau pursuant to the MIBI Agreement may be brought under Order 2, rule 1 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(2) In this section“MIBI Agreement”means the Agreement on the Compensation of Uninsured Road Accident Victims dated 29 January 2009 between the Minister for Transport and the Motor Insurers’Bureau of Ireland and includes any subsequent agreement which amends or replaces that Agreement.]

79. Exception of pedestrian-controlled vehicles.

79.—Pedestrian-controlled vehicles which are specified for the purposes of this section by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from this Part of this Act.

80. Special provisions for non-residents.

80.—The Minister may make regulations for the purpose of facilitating compliance with this Part of this Act by persons who ordinarily reside outside the State, and the regulations may modify in respect of those persons all or any of the provisions of this Part of this Act, but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.

81. Transitional provisions (Part VI).

81.—(1)A deposit under section 61 of the repealed Act existing at the commencement of this subsection shall be deemed to be a deposit under section 61 of this Act.

(2)A certificate under subsection (1) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (1) of section 66 of this Act.

(3)A certificate under subsection (2) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (2) of section 66 of this Act.

(4)A certificate under section 70 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under section 68 of this Act.

81A.—This Part does not apply to the use of a vehicle in motorsports events and activities, including races, competitions, training, testing and demonstrations in restricted and demarcated areas, where the local authority (within the meaning of the Local Government Act 2001) in whose functional area the event or activity takes place ensures that the organiser of the event or activity or any other party has taken out an alternative insurance or guarantee policy covering the damage to any third party, including spectators and other bystanders.]

PART VII. Control and Operation of Public Service Vehicles.

82. Regulations in relation to control and operation of public service vehicles.

82.—F244[(1) The Minister may make regulations in relation to the control and operation of large public service vehicles.]

(2)Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters:

(a)the licensing of public service vehicles;

(b)the licensing of drivers and conductors of public service vehicles;

(c)the payment of specified fees in respect of licences, badges or plates granted F245[or applied for] under the regulations and the disposition of such fees;

(d)the conduct and duties of drivers and conductors of public service vehicles and of their employers;

(e)the conduct and duties of passengers and intending passengers in public service vehicles;

(f)the conditions (including the use of taximeters) subject to which vehicles may be operated as public service vehicles;

(g)the keeping of specified records and the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;

(h)the authorising of the fixing of maximum fares for street service vehicles;

(i)matters related to the transition from the repealed Act to the regulations under this section.

(3)Different regulations may be made under this section—

(a)in respect of different classes of vehicles,

(b)for different circumstances and for different areas.

(4)A certificate purporting to be issued pursuant to regulations under this section that on a specified day a specified fare was the maximum fare fixed for street service vehicles in a specified area shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(5)A certificate purporting to be issued pursuant to regulations under this section that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(6)A person who contravenes a regulation under this section which is declared to be a penal regulation and, in such cases involving a vehicle as may be prescribed and where such person is not the owner of the vehicle, such owner shall each be guilty of an offence.

(7)In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(8)Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall, until the contrary is shown, be deemed to be carried in the vehicle for reward.

F246[(9)(a)If a person refuses or omits to pay to the owner, driver or conductor of a public service vehicle a sum payable by the person to such owner, driver or conductor, as the case may be, in respect of the hire of, or the fare for the person’s carriage in, the vehicle, the person shall, if so requested by such owner, driver or conductor, as the case may be, give him his name and address.

(b)Where a person refuses or fails to comply with a request underparagraph (a)of this subsection or, following such a request, gives a name or address that the owner, driver or conductor concerned has reasonable grounds for believing to be false or misleading, the owner, driver or conductor, as the case may be, aforesaid may detain the person until the arrival of a member of the Garda Síochána.

(c)A member of the Garda Síochána may request—

(i)a person who has refused or failed to comply with a request underparagraph (a)of this subsection,

(ii)a person who, following a request under that paragraph, has given to the owner, driver or conductor concerned a name or address that the latter has reasonable grounds for believing to be false or misleading,

or

(iii)a person detained pursuant toparagraph (b)of this subsection,

to give to the member his name and address and, if the person refuses or fails to give his name and address or gives a name or address that the member has reasonable grounds for believing to be false or misleading, the member may arrest the person without warrant and, if the person has refused or failed to give his name and address or has given a name or address that is false or misleading, the person shall be guilty of an offence.]

83. Annual inspection and verification of taximeters.

83.—F247[…]

84. Bye-laws in relation to stands for street service vehicles.

84.—F248[…]

85. Stopping places and stands for omnibuses.

F249[85.—(1) A road authority may, by notice in writing, direct, in respect of a route upon which buses are operated, that specified points shall be stopping places at which persons may board or descend from buses or that specified places shall be used as stands for buses.

(2) A road authority may by notice in writing amend or revoke a direction given, or amendment made, by it under this section.

(3) A person operating or proposing to operate a bus service may apply to the road authority in whose functional area the service is being or will be operated for a direction under this section and the authority may, if it so thinks fit, after consultation with the person, give a direction specifying such points for stopping places, and places for stands, for buses as it considers appropriate.

(4) A notice under this section may direct that—

(a) one or more of the stopping places specified in the notice shall be used only for boarding buses or, as the case may be, only for descending from buses, or

(b) one or more of the stopping places so specified, or one or more of the stands so specified, shall be used only by buses providing a service or services operated by a specified person or by specified persons.

(5) A notice under this section—

(a) shall be given or sent by post to the person who is operating the bus service to which it relates, and

(b) shall specify the date on which it comes into operation,

and the notice shall come into operation on the date so specified.

(6) A certificate purporting to be signed by an officer of a road authority and stating that a notice under this section in specified terms was in force on a specified day or during a specified period shall, without proof of the signature of the person purporting to sign the certificate or that he or she was such an officer, be evidence in any legal proceedings until the contrary is shown that a notice under this section in the specified termswas given or sent by post to the person named in it and that it was in force on the specified day or during the specified period.

(7) In this section—

"bus" means omnibus;

"road authority" has the meaning assigned to it by theRoads Act, 1993.]

86. Bye-laws with respect to stopping places and stands for omnibuses.

86.—F250[…]

87. Property left in public service vehicle.

87.—(1)The Commissioner may, in respect of any area and in respect of all public service vehicles or any class of public service vehicles, make bye-laws for all or any of the following purposes:

(a)requiring the owners, drivers and conductors of public service vehicles to deposit in an appointed place within a specified time property left in the vehicles by passengers therein;

(b)providing for the safe custody of such property and the re-delivery of such property to the owners thereof;

(c)providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to property which is a live animal or is of a perishable or offensive character;

(d)authorising the charging of fees for re-deliveries;

(e)providing, with the consent of the Minister for Finance, for the disposition of fees, proceeds of sale and other moneys received by the Commissioner in respect of such property, including the payment out of those moneys of rewards to persons depositing property in pursuance of this section.

(2)Bye-laws shall not be made under this section save where the Commissioner is of opinion that, as respects the area and vehicles to which the bye-laws relate, satisfactory provision has not been made for the safe custody, re-delivery and disposal of property left in the vehicles by passengers.

(3)A person who contravenes a bye-law under this section shall be guilty of an offence.

(4)The Commissioner shall cause to be established and kept registers of lost property deposited under this section.

(5)A register kept in pursuance of this section shall be in such form and in respect of such area as the Commissioner directs, and there shall be entered therein all such matters as he directs.

(6)A register kept in pursuance of this section shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Garda Síochána.

(7)A document purporting to be a copy of an entry in a register kept in pursuance of this section and purporting to be certified by an officer of the Garda Síochána to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8)A register kept in pursuance of this section shall at all reasonable times be open to inspection by any person on payment of F251[the prescribed fee].

(9)A person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Garda Síochána to be a true copy, of any entry in any register kept in pursuance of this section on payment therefor of F251[the prescribed fee].

PART VIII. Regulation of Traffic.

88. Bye-laws for the general control of traffic and pedestrians.

88.—F252[…]

89. Bye-laws for the control of traffic and pedestrians in specified area.

89.—F253[…]

90. Parking of vehicles on public roads.

90.—F254[…]

91. Control of traffic when there is event attracting large assembly, etc.

91.—(1)For the purpose of preserving order in relation to traffic when there is an event attracting a large assembly of persons or when there is traffic congestion or a fire, flood or similar occurrence, a member of the Garda Síochána in uniform may do all or any of the following things: divert, regulate and control traffic and regulate and control the parking of vehicles.

(2)The powers conferred by subsection (1) of this section shall, in particular, include power to do all or any of the following things by oral or manual direction F255[or by the use of portable signs of such size, form and colour and having such significance as may be prescribed]:

(a)prohibit the passage of traffic;

(b)indicate the direction in which traffic is to proceed;

(c)prohibit the parking of vehicles;

(d)indicate places for the parking of vehicles or as standsfor public service vehicles and regulate their use;

(e)make any other prohibitions or indications which he considers necessary for preventing obstruction or disorder in traffic.

(3)A person who contravenes a direction given by a member of the Garda Síochána under this section F255[or who contravenes a prohibition, restriction or requirement indicated by a sign referred to in subsection (2) of this section] shall be guilty of an offence.

(4)Notwithstanding any other provision of this Act, a person may, for the purposes of this section, act temporarily as a parking attendant subject to his having been authorised so to do by an officer of the Garda Síochána.

92. Prevention of obstruction of traffic by fairs and markets.

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

(2)F256[Sections 219 and 221 to 223] of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section in like manner as they apply to bye-laws under that Act, subject to the modification that references therein to a sanitary authority shall be construed as references to the corporation of a county or other borough, the council of a county or an urban district, or the commissioners of a town, as the case may require.

(3)A person who contravenes a bye-law under this section shall be guilty of an offence.

(4)Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.

93. Protection of bridges from excessive burdens.

93.—(1)(a)A road authority, railway F257[…] company or other person liable to maintain a bridge carrying a public road may, by notices in the prescribed form placed in the prescribed manner on the approaches to the bridge, prohibit any vehicle, which with the load (if any) thereon exceeds the weight specified in the notices, from passing over the bridge either (as may be specified in the notices) at all, at a speed exceeding a specified speed or subject to specified conditions.

(b)A notice placed on the approaches to a bridge which purports to be a notice under this subsection shall, in any legal proceedings, be presumed, until the contrary is shown, to be a notice placed pursuant to this subsection and to be in the prescribed form and placed in the prescribed manner.

(2)Notices shall not be placed under subsection (1) of this section in respect of a bridge unless some restriction on the use of the bridge is reasonably necessary to ensure that the traffic over the bridge will not impose on the bridge a greater burden than it is capable of bearing, and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.

(3)A person, who claims that notices purporting to have been placed under subsection (1) of this section have been so placed in contravention of subsection (2) of this section, may appeal in the prescribed manner to the Minister and, on the hearing of the appeal, the Minister shall give such directions (whether for the maintenance, removal or alteration of the notices) as he thinks proper.

(4)Where the Minister, in consequence of an appeal to him under this section, gives directions for the removal or alteration of the notices to which the appeal relates, the person by whom the notices were placed shall, within three days after the communication of the directions to him, remove or alter the notices in accordance with the directions.

(5)A person who contravenes subsection (4) of this section shall be guilty of an offence.

(6)A person shall not drive a vehicle over a bridge in contravention of a notice placed under subsection (1) of this section in relation to the bridge (notwithstanding that the notice may have been placed in contravention of subsection (2) of this section).

(7)A person who contravenes subsection (6) of this section shall be guilty of an offence.

(8)Where a vehicle is driven over a bridge in such circumstances as to constitute an offence under subsection (6) of this section, the owner of the vehicle shall be liable in damages to the authority, company or other person liable to maintain the bridge for any injury caused to the bridge by the driving of the vehicle over the bridge, and the damages shall be recoverable by such person from the owner of the vehicle by civil action in any court of competent jurisdiction.

(9)Where notices are placed under this section in respect of a bridge, it shall be lawful, with the consent of the Commissioner, for the authority, company or other person liable to maintain the bridge, and it shall be the duty of such authority, company or other person if required by the Commissioner, to erect and maintain a sign, either in advance of or at the bridge, to give indication to traffic of the prohibition provided for by the notices, being a sign conforming with the prescribed provisions as to size, shape, colour and character.

94. Closing of particular roads to vehicles.

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

(2)Where an order is made under subsection (1) of this section—

(a)it shall be the duty of the road authority charged with the maintenance of the road to which the order relates to erect and maintain, at such places as are specified in the order, notices in a form approved of by the Minister stating the effect of the order, and

(b)it shall be lawful for such road authority, with the consent of the Commissioner, and shall be their duty if required by the Commissioner, to erect and maintain a sign, either in advance of or at the road, to give indication to traffic of the prohibition provided for by the order, being a sign conforming with the prescribed provisions as to size, shape, colour and character.

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

(4)The making of representations pursuant to subsection (3) 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 or the council of an urban district, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and

(b)where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(5)A person shall not drive a vehicle on a road in contravention of an order under subsection (1) of this section.

(6)Where a person contravenes subsection (5) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence.

(7)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 him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

95. Traffic signs.

95.—(1)In this section—

F260["national road" and "national managed road" each has the same meaning as it has in the Roads Act 1993.]

F261["provide" includes erect or place, maintain and (in the case of a device or an instrument for giving or displaying signals) operate or put into operation and cognate words shall be construed accordingly;]

“road regulation” means an order, regulation, bye-law or rule under an enactment (other than section 86, F262[91,]93, 94 or 96 of this Act) relating to traffic on F263[roads];

F261["traffic sign" means any sign, device, notice or road marking, or any instrument for giving or displaying signals by mechanical, electronic, electromechanical or other means, which does one or more of the following in relation to a public road or public roads:

(a) gives information (such a sign being referred to in this section as "an information sign"),

(b) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as "a warning sign"),

(c) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as "a regulatory sign");]

(2)(a)The Minister F264[…] may make regulations with respect to specified traffic signs, and where a traffic sign of the same kind as a traffic sign specified in any such regulations is provided by a road authority, it shall be in accordance with the regulations unless otherwise authorised by the Minister.

(b)Regulations under this subsection may specify the significance to be attached to a traffic sign specified in the regulations, but this provision shall not be construed as requiring the regulations to provide that the traffic sign is to comprise any word, words or symbol indicating precisely the significance of the traffic sign.

F263[F265[(3) (a) A road authority may provide in respect of public roads in their chargeF260[, other than national managed roads,]such information signs and warning signs as they consider desirable.

(b) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their chargeF260[, other than national managed roads,]such regulatory signs as they consider desirable.]

F260[(3A) (a) The National Roads Authority may provide in respect of national managed roads such information signs and warning signs as it considers desirable.

(b) The National Roads Authority may after consultation with the Commissioner, provide in respect of national managed roads such regulatory signs as it considers desirable.]

(4)F266[…]

(5)F267[(a) A road authority shall provide in respect of public roads in their chargeF260[, other than national managed roads,]such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.]

(b)A road authority shall, at the request of the Commissioner, remove any regulatory signF260[from any public road in their charge, other than a national managed road,]which the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.]

F260[(5A) (a) The National Roads Authority shall provide in respect of national managed roads such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her, and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.

(b) The National Roads Authority shall, at the request of the Commissioner, remove any regulatory sign from a national managed road that the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.]

(6)Where the provision by a road authority of a traffic sign on F261[land adjacent to a public road, other than a national managed road, but not forming part of such road] is reasonably necessary, the road authority may, after at least twenty-one days’ notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land.

F260[(6A) Where the provision by the National Roads Authority of a traffic sign on land adjacent to but not forming part of a national managed road is reasonably necessary, the National Roads Authority may, after at least twenty-one days’ notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by the National Roads Authority by reasonable enquiries, enter and provide the traffic sign on the land.]

F261[(7)Where a traffic sign is provided by a road authority under subsection (6) or the National Roads Authority under subsection (6A), any person interested in the land may at any time, on giving notice of his or her intention so to do to the road authority or, as the case may be, the National Roads Authority, apply to the Minister to direct the removal of the traffic sign.]

(8)Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—

(a)refuse the application,

(b)if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or

(c)if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.

(9)Where the Minister F260[or, as the case may be, the National Roads Authority,] gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.

(10)A person other than a road authority shall not provide a traffic sign visible from a public road F260[(other than a national managed road)] without the F268[consent in writing] of the F263[road authority having charge of the road].

F260[(10A) A person other than the National Roads Authority shall not provide a traffic sign visible from a national managed road without theF268[consent in writing]of the National Roads Authority.]

F261[(11)The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) or (10A) shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority or the National Roads Authority and without theF268[consent in writing]of the road authority having charge of the road or the National Roads Authority.]

(12)Where a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) F260[or (6A)] of this section, or without lawful authority, removes, defaces or otherwise injures a traffic sign provided under this section, he shall be guilty of an offence.

(13)Expenses incurred by a road authority F260[or the National Roads Authority] in providing traffic signs for a public road shall be part of the expenses of maintaining the road.

(14)A person shall not provide any such sign, device, notice or light as is not a traffic sign if, on provision thereof, it is visible from a public road and—

(a)it is capable of being confused with a traffic sign,

(b)it makes a traffic sign provided in accordance with this section less visible to road users, or

(c)it obstructs the view of public road users so as to render the road dangerous to them.

F260[(14A) A person who provides a sign, device, notice or light in contravention of subsection (14) of this section shall be guilty of an offence.]

(15)The occupier or (in the case of unoccupied land) the owner of land on which a sign, device, notice or light is provided in contravention of subsection (14) of this section shall be guilty of an offence.

(16)Where a traffic sign, not being a traffic sign to which regulations under subsection (2) of this section relate, is provided under this section by a road authority F260[or by the National Roads Authority], it shall be in conformity with any general or particular directions that may be given from time to time by the Minister.

(17)A traffic sign standing provided under any subsection of section 69 of the Local Government Act, 1946, at the commencement of this section shall be deemed to be provided under the corresponding subsection of this section.

(18)A traffic sign on or near a public road shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so placed lawfully and to be in accordance with any regulation, or in conformity with any direction, under this section relating to it.

(19)A request by F269[…] the Commissioner under this section may be signed by an officer of the Garda Síochána authorised in that behalf by the Commissioner.

(20)Where a person is charged with an offence under subsection (11) or subsection (15) of this section, it shall be a good defence to the charge for him to show—

(a)that the traffic sign, sign, device, notice or light to which the charge relates was provided neither by him nor with his consent, and

(b)that as soon as was practicable after its provision came to his notice, he had it removed.

96. Patrol of places where school-children cross public roads.

96.—(1)The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may, with the consent of the Commissioner of the Garda Síochána, make arrangements for the patrolling, by persons (in this section referred to as F270[school wardens]) employed or nominated by them, of places where school-children cross public roads.

(2)A F270[school warden] may exhibit such sign as may be prescribed requiring traffic to stop and remain stopped so as to enable school-children to cross the road in safety, and traffic shall stop and remain stopped accordingly so long as the sign is exhibited.

(3)A person who fails to stop a vehicle or animal or keep it stopped in accordance with subsection (2) of this section shall be guilty of an offence.

(4)The power conferred on a F270[school warden] by subsection (2) of this section shall be exercisable only if the warden is wearing such uniform as may be prescribed.

(5)Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.

(6)A person acting as a F270[school warden] shall, in any legal proceedings, be presumed, until the contrary is shown, to have been so acting in accordance with arrangements duly made under this section and with the regulations for the purposes of this section.

(7)In this section—

“traffic” does not include pedestrians;

“uniform” includes any garment, armlet or cap.

97. F271[Removal of vehicles abandoned or unlawfully parked.

97.—(1)The Minister may make regulations authorising and providing for the removal, storage and disposal of vehicles which—

(a)have been, or appear to have been, abandoned on a public road, or in a car park provided undersection 101of this Act, or

(b)have been parked in contravention ofF272[theRoad Traffic Acts, 1961 to 1994]or of a regulation, bye-law or rule thereunder.

(2)Regulations under this section may, in particular and without prejudice to the generality ofsubsection (1)of this section—

(a)specify the persons or classes of persons by or on whose authority vehicles may be removed, stored or disposed of,

(b)authorise and provide for the recovery by persons referred to inparagraph (a)of this subsection from the owners of vehicles removed or stored of charges, in accordance with a prescribed scale, in respect of such removal or storage and for the disposition of moneys received in respect of such charges,

(c)authorise and provide for the sale (or the disposal otherwise than by sale) by or on behalf of persons referred to in paragraph (a) of this subsection of vehicles removed or stored and provide for the disposition of moneys received in respect of such sale or other disposal.

(3)Regulations under this section may apply generally or in such circumstances as may be specified in such regulations and different regulations may be made for different circumstances.

(4)Notwithstanding any other provisions of this section, a vehicle removed under this section shall not be disposed of thereunder before the expiration of a period of six weeks from the date of the removal or two weeks after notice has been given in the prescribed manner, whichever is the longer.

(5)A person who obstructs or impedes, or assists another person to obstruct or impede, the removal of a vehicle under this section shall be guilty of an offence.

(6)No action shall lie in respect of anything done in good faith and without negligence in the course of the removal, storage or disposal of a vehicle under this section.

(7)For the purposes of this section "vehicle" shall include—

(a)a part of a vehicle,

(b)an article designed as a vehic12le but not at the time of removal capable of functioning as a vehicle,

(c)a load on or in a vehicle.]

98. Prohibition of obstruction of traffic.

98.—(1)A person shall not do any act (whether of commission or omission) which causes or is likely to cause traffic through any public place to be obstructed.

(2)A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3)Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that it was due to unavoidable accident.

99. Prohibition of unauthorised holding or getting on to vehicles.

99.—(1)F274[Subject to subsection (1A), a person] shall not hold on to, or get on or in to, a moving vehicle in a public place.

F275[(1A) Subsection (1) shall not apply to a person who holds on to a moving vehicle in a public place for the purposes of driving it.]

(2)A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3)Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that otherwise there was reasonable cause therefor.

100. Cyclists holding on to other vehicles.

100.—(1)A person on a bicycle or a tricycle in a public place shall not hold on to any other vehicle (other than a pedal bicycle which no person is driving) which is in motion or hold on to any person or thing on, in or attached to any such vehicle.

(2)A person who contravenes subsection (1) of this section shall be guilty of an offence.

100A. F276[Driver of powered personal transporter holding on to other vehicle

100A.—(1) A person on a powered personal transporter in a public place shall not hold on to any other vehicle which is in motion or hold on to any person or thing on, in, or attached to, any such vehicle.

(2) A person who contravenes subsection (1) shall be guilty of an offence.]

101. Provision of car parks by local authorities.

101.—(1)In this section—

“local authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

“car park” means a place (not being part of a public road) for the parking of mechanically propelled vehicles.

(2)A local authority may provide such one or more car parks (and access thereto) as they consider desirable in order to relieve or prevent traffic congestion.

(3)A local authority may, with the consent of the Minister, assist any person providing a car park, and the assistance may consist either of a contribution of money or the execution of works or the grant or lease of land.

(4)F277[…]

(5)F277[…]

(6)Subsection (2) of this section shall be construed as conferring on a local authority—

(a)power, subject to the consent of the Minister, to erect a building used wholly or mainly for parking mechanically propelled vehicles,

(b)power, subject to the consent of the Minister, to erect waiting rooms, cloak rooms F278[, petrol stations, shops] and similar facilities for any car park provided by them,

(c)power to adapt land for use as a car park.

(7)A local authority may make bye-laws as to the use of any car park provided by them under this section, and, in particular, in relation to all or any of the following matters:

(a)restricting the classes of vehicles which may be admitted to the car park;

(b)specifying the charges to be made for the use of the car park;

(c)specifying the periods for which vehicles may remain in the car park.

F278[(d)specifying the conditions subject to which vehicles may use the car park.]

F278[(7A)A person who contravenes a bye-law under subsection (7) of this section shall be guilty of an offence.]

F279[(7B)Where, in relation to a mechanically propelled vehicle, there is a contravention of a bye-law under subsection (7) of this section, each of the following persons shall be guilty of an offence—

(a)the registered owner of the vehicle,

(b)if the vehicle is the subject of a hire-drive agreement on the occasion in question, the person to whom the vehicle is hired under the agreement, and

(c)if the person who parked the vehicle is not its registered owner or the person to whom it is hired under a hire-drive agreement, the first-mentioned person.

(7C)(a)Where a person charged with an offence under subsection (7B) (inserted by the Road Traffic Act, 1994) of this section is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i)such use was unauthorised, or

(ii)the vehicle was on that occasion the subject of a hire-drive agreement.

(b)Where a person charged with an offence undersubsection (7B)(as so inserted) of this section is a person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.]

(8)F280[…]

(9)Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may terminate the use of the land for a car park.

(10)A local authority who have provided under this section a car park may, with the consent of the Minister, sell or lease the car park or any part thereof F278[or any facilities provided for the car park under subsection (6) of this section] to any person subject to such conditions as they think proper.

(11)The Minister may, with the consent of the Minister for Finance, F281[make grants from moneys provided by the Oireachtas] towards the expenses incurred under this section by a local authority.

F278[(12)The Minister may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans from the Road Fund towards the expenses incurred under this section by a local authority.

(13)The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1967.]

101A. F282[Control of vehicles by bollards and ramps.

101A.—F283[…]]

101B. F284[Immobilisation, removal etc. of unlawfully parked vehicles.

F285[101B.(1) In this section—

"clamping officer" means—

(a) a member of the Garda Síochána,

(b) a traffic warden (within the meaning of theLocal Authorities (Traffic Wardens) Act 1975), or

(c) a person or a class of persons authorised by a local authority under subsection (2);

"immobilisation device" means any device or appliance designed or adapted for fixing to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;

"prescribed charge" means the amount of the charge prescribed under subsection (7) (a) and includes, where a vehicle is moved to another place for the purpose of fixing an immobilisation device to it, the costs involved in the removal of the vehicle;

"vehicle" means a mechanically propelled vehicle, a trailer or semi-trailer or a combination of two or more of them.

(2) A local authority may authorise a person or a class of persons for the purposes of this section to fix immobilisation devices to vehicles within its functional area.

(3) Where a clamping officer finds on a public road a vehicle that is parked in contravention of any regulation made under section 35 or bye-law made under section 36 or 36A of theRoad Traffic Act 1994, he or she or a person acting under his or her direction may—

(a) fix an immobilisation device to the vehicle while it remains in the place where he or she finds it, or

(b) move it from the place where he or she finds it (whether or not he or she has fixed an immobilisation device to it) to another place and fix an immobilisation device to it in that other place.

(4) When fixing an immobilisation device to a vehicle, a clamping officer shall also affix to the vehicle a notice in the prescribed form—

(a) indicating the reason for the device being fixed to the vehicle,

(b) indicating—

(i) that the device has been fixed to the vehicle, and

(ii) the time and date when—

(I) the contravention referred to insubsection (3)in relation to the vehicle was detected, and

(II) the device was fixed to the vehicle,

(c) warning that an attempt should not be made to drive the vehicle or otherwise put it in motion until the device is removed,

(d) specifying the steps to be taken to secure such removal, and

(e) giving details of the appeals process under Part 3 of the Vehicle Clamping Act 2015.

(5) Subject to subsection (8), an immobilisation device that has been fixed to a vehicle under this section may be removed only by a clamping officer or a person acting under his or her direction.

(6) Where an immobilisation device is fixed to a vehicle in accordance with this section a fixed charge notice undersection 103of this Act orsection 35of theRoad Traffic Act 2010need not be served on a person, or affixed to the vehicle concerned, in respect of the contravention unless it is contemplated that proceedings for an offence in relation to the contravention might be brought.

(7) The Minister may, after consultation with the Minister for Justice and Equality and the National Transport Authority, prescribe—

(a) the amount of the charge to be paid for the removal of an immobilisation device under subsection (8) and different charges may be prescribed in different circumstances,

(b) the form of a notice under subsection (4),

(c) the manner in which and the person to whom such charge shall be paid.

(8) (a) An immobilisation device fixed to a vehicle under this section shall be removed only—

(i) if the person seeking its removal shows to the satisfaction of any clamping officer that he or she is the owner of the vehicle or is authorised by its owner to seek such removal and pays the prescribed charge,

(ii) for the purpose of the removal of the vehicle under section 97, or

(iii) for the purpose of moving the vehicle under subsection (3).

(b) Where the owner of a vehicle that is parked and to which an immobilisation device has been fixed under this section shows to the satisfaction of any clamping officer that the vehicle was so parked while being used by a person other than the owner and that such use was not authorised by the owner, the clamping officer shall waive the prescribed charge and he or she or a person acting under his or her direction shall remove the immobilisation device from the vehicle.

(c) An immobilisation device fixed to a vehicle under this section shall be removed from the vehicle—

(i) where regulations undersection 10of the Vehicle Clamping Act 2015 prescribe the period of time within which an immobilisation device shall be removed from a vehicle, after payment of the prescribed charge or its waiver, within that period after such payment or waiver, or

(ii) where no such period is prescribed, not later than 2 hours after payment of the prescribed charge or its waiver.

(d) Where an immobilisation device is removed from a vehicle otherwise than in accordance withparagraph (c), the clamping operator concerned (within the meaning ofsection 2of the Vehicle Clamping Act 2015) shall ensure that the prescribed charge (if paid) and any additional charges are refunded without delay to the person who paid the charge or charges.

(9) A notice affixed to a vehicle under this section shall not be removed or interfered with by a person other than the owner of the vehicle or a person authorised by such owner to use the vehicle and a person who contravenes this subsection commits an offence.

(10) A person who is not a clamping officer or a person acting under the direction of a clamping officer who fixes an immobilisation device to a vehicle on a public road commits an offence.

(11) A person who—

(a) obstructs or impedes a clamping officer, or a person acting under his or her direction, in the performance of his or her functions under this section, or

(b) without being authorised to do so under this section, removes or attempts to remove from a vehicle an immobilisation device fixed to it under this section,

commits an offence.]]

101C. F286[Control of access to and egress from construction sites by vehicles.

101C.—(1)A road authority may, after consultation with the Commissioner, make bye-laws providing for the regulation and control of access to and egress from construction sites generally or a specified class of construction site or a specified construction site by vehicles or a specified class of vehicle.

(2)Bye-laws under this section may, in particular but without prejudice to the generality ofsubsection (1)of this section—

(a)specify the times and days during which such access and egress as aforesaid is permitted,

(b)specify the number of vehicles permitted to have such access and egress during specified periods, and

(c)require vehicles or a specified class of vehicle to be cleaned before leaving a construction site or a specified class of construction site or a specified construction site.

(3)A person who contravenes a bye-law under this section shall be guilty of an offence.

(4)This section shall not apply to construction sites for the purpose of the widening of or other alteration to, or the carrying out of repairs, maintenance or other works to, above or under, a public road or the construction of a public road.

(5)Sections 219 and 221 to 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section as they apply to bye-laws under that Act.

(6)Any bye-laws undersection 41of theDublin Transport Authority Act, 1986, and in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if they had been made under this section.]

101D. F287[Roadworks.

101D.—(1)In this section—

"local authority" means—

(a)the council of a county,

(b)the corporation of a county or other borough, or

(c)the council of an urban district

standing prescribed for the time being for the purposes of this section;

"roadworks" means repairs, maintenance, alterations, improvements or installations or any other works to, above or under, a public road;

"emergency roadworks" means roadworks the carrying out of which is immediately required in order to prevent, or reduce the risk of, loss, injury or damage to persons or property.

(2)(a)Notwithstanding any other enactment, a local authority may give a direction in writing to any person in relation to the carrying out of roadworks in its functional area.

(b)A local authority may, by a direction in writing given to the person to whom a direction was given under this subsection, revoke or amend the latter direction.

(c)A direction given to a person under this subsection may apply to all roadworks undertaken by the person or to specified roadworks undertaken by him.

(3)A direction under subsection (2) of this section may specify:

(a)the periods during which and the times at which roadworks shall or shall not be carried out,

(b)the period within which roadworks shall be completed,

(c)the manner in which roadworks shall or shall not be carried out,

(d)requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of roadworks.

(e)requirements in relation to the giving of security for satisfactory reinstatement of a public road following the carrying out of roadworks,

(f)requirements in relation to the control of traffic in the vicinity of roadworks.

(4)When giving a direction under this section, a local authority shall have regard to:

(a)the need to co-ordinate, in such manner as to minimise any disruption of traffic by the roadworks concerned, the periods during which and the times at which the roadworks concerned and other roadworks (whether or not they are in the functional area of the local authority) are carried out,

(b)the necessity to minimise the disruption to traffic caused by the roadworks concerned and other roadworks,

(c)the urgency of the need to carry out the roadworks, and

(d)any cost likely to be incurred as a result of the direction.

(5)(a)Subsection (2) of this section does not apply to the carrying out of roadworks (being roadworks the carrying out of which would, but for this subsection, be in contravention of a direction or regulations under this section) at any time when the person carrying them out reasonably believes that the roadworks are emergency roadworks,

(b)Paragraph (a) of this subsection shall not be construed as preventing a local authority from giving a direction under subsection (2) of this section where it is satisfied that the carrying out of the roadworks concerned is not, or is no longer, immediately required in orderto prevent or reduce the risk of loss, injury or damage to persons or property.

(6)(a)The Minister may make regulations for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such regulations may contain provisions:

(i)specifying local authorities and the areas in which they may perform their functions under this section,

(ii)requiring advance notice of proposed roadworks, other than emergency roadworks, to be given to the local authority concerned,

(iii)requiring notice of emergency roadworks to be given to the local authority concerned as soon as may be after their commencement,

(iv)requiring specified information to be given to the local authority concerned regarding—

(I)proposed roadworks, or

(II)emergency roadworks,

(v)specifying time limits for the giving of directions by local authorities,

(vi)specifying requirements and standards for the temporary or permanent reinstatement of roadworks,

(vii)specifying requirements in relation to traffic control in the vicinity of roadworks.

(b)Different regulations may be made under this subsection:

(i)in respect of different local authorities,

(ii)in respect of different areas of the functional area of a local authority,

(iii)in respect of different types of roadworks,

(iv)for different circumstances.

(7)(a)A person who contravenes a direction or regulation under this section shall be guilty of an offence and shall be liable:

(i)on summary conviction, to a fine not exceeding£1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii)on conviction on indictment, to a fine not exceeding£50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(b)Where an offence under this subsection has been committed by a body corporate and is found to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(c)Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which paragraph (a) of this subsection relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in the said paragraph (a) and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(8)(a)Local authorities or the Minister shall not be liable for any loss, injury or damage, or any expenditure incurred by another person by reason of the performance or non-performance of their functions under this section.

(b)Subsection (2) of this section does not apply to the carrying out of roadworks by a local authority.

(9)In performing its functions a local authority shall—

(a)have regard to the need to co-ordinate works carried out by it to, above or under, a public road with the carrying out of roadworks by other persons,

(b)have regard to the need to minimise traffic disruption,

(c)comply with regulations under subsection (6) which are stated therein to apply to local authorities.

(10)Any bye-laws or directions undersection 40of theDublin Transport Authority Act, 1986, that are in force immediately before the commencement of the Dublin Transport Authority (Dissolution) Act, 1987, shall continue in force after such commencement, and may be amended or revoked, as if, in the case of bye-laws, they were regulations under this section and, in the case of directions, had been made under this section.]

PART IX. Miscellaneous.

102. General penalty.

102.—Where a person is guilty of an offence under any section or subsection of a section of F288[the Road Traffic Acts, 1961 to 1994] and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction—

(a)in the case of a first offence under that section or subsection—to F289[a fine not exceeding€1,000],

(b)in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph—to F290[a fine not exceeding€2,000], and

(c)in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months—to F291[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.

103. Special provision applying where certain offences are alleged to have been committed.

103.—F293[…]

104. Notice of offence.

104.—F294[…]

105. Evidence of speed.

105.—F295[…]

106. Duties on occurrence of accident.

106.—(1)Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:

(a)if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;

F296[(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;]

(b)the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

(c)the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

F297[(d)if—

(i)injury is caused to property other than that of the driver of the vehicle and for any reason he or, if he is killed or incapacitated, the person then in charge of the vehicle does not at the place of the occurrence give the appropriate information to a person entitled under this section to demand it, or

(ii)injury is caused to a person other than the driver of the vehicle,

the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall, unless he had already given the appropriate information to a member of the Garda Síochána, report the occurrence as soon as possible to such a member and, if necessary, shall go for that purpose to the nearest convenient Garda station and also give on demand the appropriate information to the member.]

(2)Where—

(a)a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and

(b)the member is not aware of the place where the vehicle is being kept,

the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement.

(3)A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable F298[…]—

(a)in a case in which injury is caused to person, F299[on summary conviction,] to F300[a fine not exceeding€2,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and

F296[(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2)—

(i) does so with intent to escape civil or criminal liability, and

(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,

on conviction on indictment to a fine not exceeding€10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,

(ab) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and

(i) knows that the person to whom injury has been caused is dead, or

(ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results,

on conviction on indictment to a fine not exceeding€20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment,]

(b)in any other case, F299[on summary conviction,] to F301[a fine not exceeding€1,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

F302[(3A)A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under subsection (3) of this section where the contravention involves or, as may be appropriate, involved non-compliance with paragraph (a) or (b) of subsection (1) of this section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the first-mentioned person is, or as may be appropriate, was in the member’s opinion the driver of the vehicle concerned.

F296[(3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.]]

(4)In this section “appropriate information” means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920, or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act.

(5)The persons entitled under this section to demand the appropriate information are—

(a)in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise,

(b)in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property,

(c)where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.

(6)(a)Where—