Road Traffic Act , 1961

(i)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

(ii)the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises,

the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection.

(b)On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant—

(i)authorise any specified member or members of the Garda Síochána to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and

(ii)authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search,

and any such warrant shall operate in accordance with its terms.

107. Duty to give information on demand by member of Garda Síochána.

F303[107.—F304[(1) Where a member of the Garda Síochána alleges to a person using aF305[vehicle]that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.]

(2) Where a member of the Garda Síochána has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920,section 131(5) of theFinance Act 1992or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.

F306[(3) Where a person, when his or her name and address and date of birth are demanded of him or her under this section, refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence.]

(4) Where a member of the Garda Síochána has reasonable grounds for believing that there has been an offence under this Act involving the use of aF305[vehicle]—

(a) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,

(b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or

(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding€2,000.]

108. Right to demand name and address of pedal cyclist.

F307[108.—A member of the Garda Síochána may demand of a person in charge of a pedal cycleF308[or a powered personal transporter]whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address and date of birth of such person, and if such a person refuses or fails to give his or herF309[name and address and date of birth]or gives aF309[name and address and date of birth]which the member has reasonable grounds for believing to be false or misleading, the member may take the cycleF308[or transporter], by reasonable force if necessary, and retain it until such time as he or she is satisfied as to the identity of such person.]

109. Obligation to stop.

109.—(1)A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána F310[and shall keep it stationary for such period as is reasonably necessary in order to enable such member to discharge his duties].

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

109A. F311[Powers of Garda Síochána in relation to dangerous driving

109A.—(1) Where a member of the Garda Síochána reasonably believes that a vehicle has been, or is being, driven or used (or is likely to be driven or used) in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, the member may do all or any of the following:

(a) require any person driving or using any such vehicle—

(i) to stop and keep the vehicle stationary for such period as is reasonably necessary in order to enable such member to discharge his or her duties,

(ii) to give to the member his or her name and address and date of birth,

(iii) to exit, dismount or otherwise relinquish charge and control of the vehicle, or

(iv) to leave the place concerned;

(b) seize, remove, store and subsequently dispose of the vehicle, subject to this section.

(2) For the purposes of subsection (1)(b), where a member of the Garda Síochána identifies the driver or user of the vehicle, the member shall, in so far as is practicable, inform the person of the seizure of the vehicle.

(3) A member of the Garda Síochána may, for the purposes of exercising a power under subsection (1), enter without warrant (if need be by use of reasonable force) any place including the curtilage of a dwelling but not the dwelling.

(4) A person who fails or refuses to comply with a requirement under subsection (1) or who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the exercise of his or her powers under subsection (1) or (3), including by giving a name or address or date of birth which is false or misleading when required to give such under subsection (1)(a)(ii), shall be guilty of an offence and shall be liable on summary conviction to a class A fine or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(5) 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 this section.

(6) A vehicle shall not be disposed of under this section before the expiration of a period of 2 months from the date of its seizure under subsection (1)(b).

(7) Following the seizure of a vehicle under subsection (1)(b), but prior to the disposal of the vehicle, any person may apply to the District Court for the area within which the vehicle was seized for an order releasing the vehicle.

(8) A person intending to make an application under subsection (7) shall give notice in writing before the expiry of the period of 2 months referred to in subsection (6) to a Superintendent of the Garda Síochána in the division in which the vehicle was seized.

(9) On being satisfied by evidence adduced by or on behalf of the applicant that he or she is the owner, and that—

(a) at the time at which the vehicle was seized it was being driven or used by another person without his or her consent, or

(b) he or she will not drive or use the vehicle, or allow the vehicle to be driven or used, in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present,

the court shall direct the release of the vehicle to a person specified in the order.

(10) In making an assessment under subsection (9)(b), the court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the circumstances and the conduct of the applicant at the time at which the vehicle was seized and whether or not the vehicle or another vehicle owned by the applicant has been seized under subsection (1)(b) on any other occasion.

(11) The decision of the District Court on an application under subsection (7) shall be final save that, by leave of that court, an appeal shall lie to the High Court on a point of law.

(12) The standard of proof on an application for the release of a vehicle under this section shall be that applicable to civil proceedings.

(13) Where no application is made for the release of a vehicle seized under this section or the District Court refuses an application to release the vehicle, the Commissioner of the Garda Síochána may dispose of the seized vehicle in any manner he or she thinks fit.

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

110. Disposition of vehicle on arrest of person in charge.

110.—Where a member of the Garda Síochána arrests under F312[theRoad Traffic Acts, 1961 to 1994] without warrant a person in charge of a F313[vehicle], the member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of the vehicle.

111. Identification of member of Garda Síochána.

111.—Where, in exercise of any power or the performance of any duty conferred or imposed by or under F315[the Road Traffic Acts, 1961 to 1994], any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—

(a)is in uniform, or

(b)produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

112. Taking vehicle without authority.

112.—F317[(1)(a)A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.

(b)Where possession of a vehicle has been taken in contravention of this subsection, a person who knows of the taking shall not allow himself to be carried in or on it without the consent of the owner thereof or other lawful authority.]

F318[(2)A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable—

(a)on summary conviction, toF319[a fine not exceeding€5,000]or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;

(b)on conviction on indictment, toF320[a fine not exceeding€20,000]or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.]

(3)A person shall not use or take possession of a pedal cycle F321[or a powered personal transporter] without the consent of the owner thereof or other lawful authority.

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

(5)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, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

(6)Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing F322[or has committed] an offence under this section, he may arrest the person without warrant.

(7)Where, when a person is tried on indictment or summarily for the larceny of a vehicle, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of the larceny of the vehicle but was guilty of an offence under this section in relation to the vehicle, the jury or court may find him guilty of that offence and he may be sentenced accordingly.

113. Unauthorised interference with mechanism of vehicle.

113.—(1)A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a F323[vehicle] while it is stationary F324[…], or get on or into or attempt to get on or into the vehicle while it is so stationary.

F325[(2)A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction toF326[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.]

(3)Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing F327[or has committed] an offence under this section, he may arrest the person without warrant.

(4)This section shall not apply to a person taking, in relation to a F323[vehicle] which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5)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, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

114. Limitations on periods of continuous driving.

114.—(1)Each of the following periods or series of periods of driving shall be an excessive period for the purposes of this section:

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

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

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

(2)For the purposes of subsection (1) of this section—

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

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

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

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

(3)A person shall not drive, or cause or permit any person employed by him or subject to his orders to drive, for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is intended or adapted solely for the drawing of another vehicle or is fitted with a body intended or adapted solely for the carriage of goods or two or more such vehicles successively.

(4)(a)The Minister for Industry and Commerce may make regulations for enabling this section to have effect.

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

(i)the keeping of records in respect of persons engaged in driving vehicles to which this section applies;

(ii)the form of the records;

(iii)the persons by whom the records are to be kept;

(iv)the production of the records to members of the Garda Síochána and specified officers of the Minister for Industry and Commerce;

(v)the exhibition of specified notices in vehicles in relation to which this section applies.

F328[(vi) the exclusion from the regulations of specified classes of vehicles.]

(5)Where a person contravenes subsection (3) of this section or a regulation under subsection (4) of this section which is stated to be a penal regulation, he shall be guilty of an offence.

(6)Where a person is charged with an offence under this section consisting of driving, or causing or permitting driving, for an excessive period, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was due to delay in the completion of a journey and that the delay was unavoidable and was caused by circumstances which he could not reasonably have foreseen.

(7)(a)The Minister for Industry and Commerce may by regulations vary or suspend in any manner any excessive period.

(b)Regulations under this subsection shall not be made save—

(i)where the Minister for Industry and Commerce is satisfied that bodies representative of the employers and employees concerned are in favour of the change to be effected by the regulations, and

(ii)after consultation by that Minister with the Minister.

(c)Different regulations may be made under this subsection—

(i)in respect of different classes of vehicles,

(ii)for different circumstances.

F329[(8)This section does not apply to or in respect of

(a)vehicles owned by the State and used for military or police purposes, or

(b)persons in the public service of the State driving vehicles so owned and used, or

(c)carriage by road to which Council Regulation (EC) 561/2006 applies.]

115. Penalty for false declaration, etc.

115.—F330[(1)Where a person is required by or under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003 to furnish or give particulars in connection with an application for the grant or issue of a licence, permit, plate or certificate or otherwise in connection with a licence, permit, plate, certificate or vehicle, he or she shall not furnish or give pursuant to the requirement any particulars which to his or her knowledge are false or in any material respect misleading.]

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

(3)Where, in a prosecution for an offence under subsection (2) of this section with respect to particulars in connection with an application for the grant or issue of a F330[licence, permit, plate or certificate] such grant or issue and an application therefor are proved, it shall be presumed, until the contrary is shown by the defendant, that the person to whom the F330[licence, permit, plate or certificate] was granted or issued made the application.

F330[(4) A person shall not forge or fraudulently alter or use, or fraudulently lend to, or allow to be used by, any other person, any licence, permit, plate, badge or certificate issued under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003.]

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

(6)A person who is guilty of an offence under this section shall be liable on summary conviction to F331[a fine not exceeding€3,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

F332[(6A) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.]

(7)F333[…]

116. Liability of Minister for Finance for negligent use of mechanically propelled vehicle.

116.—F334[…]

117. Extension of personal liability for negligent use of mechanically propelled vehicle.

117.—F335[…]

118. Liability in respect of person using mechanically propelled vehicle with consent of owner.

118.—Where a person (in this section referred to as the user) uses a mechanically propelled vehicle with the consent of the owner of the vehicle, the user shall, for the purposes of determining the liability or non-liability of the owner for injury caused by the negligent use of the vehicle by the user, and for the purposes of determining the liability or non-liability of any other person for injury to the vehicle or persons or property therein caused by negligence occurring while the vehicle is being used by the user, be deemed to use the vehicle as the servant of the owner, but only in so far as the user acts in accordance with the terms of such consent.

119. Reimbursement of hospitals.

119.—

120. Promotion of road safety.

120.—(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 incur expenditure for the purpose of promoting safety on roads, and the expenditure may include payments for that purpose to any other authority or person.

(2)The Minister may, with the consent of the Minister for Finance, F337[make grants from moneys provided by the Oireachtas]—

(a)towards the expenses of an association or body where the advancement of road safety is among the primary objects of the association or body, and

(b)towards the expenses under subsection (1) of this section of any council, corporation or commissioners.

121. Calculation of passenger accommodation of mechanically propelled vehicles.

121.—The Minister may by regulations prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any class of such vehicles, and may in such regulations distinguish between seating passenger accommodation and standing passenger accommodation.

122. Keeping and use of petroleum.

122.—F338[…]

123. Extended power of making regulations in relation to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.

123.—The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—

(a)power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of a mechanically propelled vehicle—

(i)to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which Part VI of this Act applies,

(ii)where it is such a vehicle, to produce evidence or specified evidence showing either that he is F339[a vehicle insurer or an exempted person within the meaning of Part VI of this Act] or that, when the licence comes into operation, there will be in force an approved policy of insurance or an approved guarantee covering the use of the vehicle by him or by other persons with his consent,

(b)power to make regulations requiring a person applying for a licence under the said section 1 in respect of a mechanically propelled vehicle—

(i)to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which section 18 of this Act applies,

(ii)where it is such a vehicle, to produce a test certificate which will be in force in respect of the vehicle when the licence comes into operation.

124. Restriction on section 23 of Criminal Justice Act, 1951.

124.—A disqualification under this Act for holding a driving licence shall not be capable of being remitted under section 23 of the Criminal Justice Act, 1951.

125. Saving for indictment for nuisance.

125.—Nothing in F341[the Road Traffic Acts, 1961 to 1994] shall authorise any person to use in a public place a vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in F341[the Road Traffic Acts, 1961 to 1994], be liable to an indictment or action, as the case may be, for such use when, but for the passing of the repealed Act and F341[the Road Traffic Acts, 1961 to 1994], such indictment or action could be maintained.

126. Saving for general power of Commissioner.

126.—Nothing in F343[the Road Traffic Acts, 1961 to 1994] shall prejudice or derogate from the general power and duty of the Commissioner and other members of the Garda Síochána to preserve order in public places and to regulate and control traffic therein.

127. Modification of Motor Car (International Circulation) Act, 1909.

127.—So much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references therein to the Motor Car Act, 1903, there were substituted references to Part III of this Act.