Road Traffic Act , 1968

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Road Traffic Act, 1968.

2. Interpretation.

2.—(1)In this Act, “the Principal Act” means the Road Traffic Act, 1961.

(2)In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(3)In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. Collective citation and construction.

3.—This Act and the Principal Act may be cited together as the Road Traffic Acts, 1961 and 1968, and shall be construed together as one Act.

4. Commencement.

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

5. Repeals.

5.—Sections 119 (which provides for the reimbursement of hospitals in certain cases when a person is injured as a result of negligent use of a mechanically propelled vehicle) and 88 (which provides for the making by the Commissioner of bye-laws for the general regulation and control of traffic and pedestrians in public places) of the Principal Act are hereby repealed.

6. Minor and consequential amendments of Principal Act.

6.—Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is hereby amended in the manner stated in column (2) of that Schedule opposite the mention of that provision in column (1).

7. Non-application of Public Offices Fees Act, 1879.

7.—The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under the Principal Act or this Act.

PART II General Provisions Relating to Vehicles

8. Control of supply of vehicles.

8.—(1)A person shall not supply, or offer to supply, a vehicle to which this subsection applies, for delivery in such a condition that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.

(2)A person shall not alter a vehicle to which this subsection applies so as to render its condition such that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.

(3)Subject to regulations under this section, the Minister may issue a certificate or certificates (in this section referred to as type approval certificates) certifying that a vehicle of any type (in this section referred to as a type vehicle) complies with the prescribed requirements.

(4)A person shall not supply, or offer to supply, a vehicle to which this subsection applies, unless there is in force in respect of the vehicle and provided therewith either—

(a)a test certificate issued under section 18 of the Principal Act, or

(b)a certificate (in this section referred to as a certificate of conformity) issued under regulations under this section by the manufacturer or importer of the vehicle, or by a prescribed person, certifying that the vehicle conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate under subsection (3) is in force.

(5)A person who contravenes subsection (1), (2) or (4) shall be guilty of an offence.

(6)Nothing in subsections (1) to (5) shall affect the validity of a contract or any rights arising thereunder.

(7)In any contract for the supply of a vehicle to which this subsection applies, it shall be a warranty that the vehicle which is the subject of the contract either—

(a)complies with such requirements of the regulations under sections 11 and 12 of the Principal Act as may be prescribed for the purpose of this subsection, or

(b)conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate is in force.

(8)The Minister may make regulations for the purpose of giving effect to this section.

(9)Regulations under this section may, in particular and without prejudice to the generality of subsection (8), make provision for all or any of the following matters:

(a)the classes of vehicles to which subsection (1), (2), (4) or (7) applies;

(b)exempting from subsection (1), (2), (4) or (7) the supply or alteration of vehicles for specified purposes or in specified circumstances;

(c)specifying the requirements of regulations under sections 11 and 12 of the Principal Act to be complied with under subsection (1) or (2);

(d)the issue and cancellation of certificates of conformity, including, in particular, the form of such certificates, the persons by whom and the conditions subject to which such certificates may be issued or cancelled;

(e)the making of applications for type approval certificates, including, the payment of fees in respect of such applications, the disposal of such fees and the production of vehicles or evidence as to the design and construction of vehicles for examination;

(f)the issue and cancellation of type approval certificates, including, in particular, the form of such certificates, the delegation of the powers of the Minister under subsection (3) to specified persons, and the conditions subject to which such certificates may be issued or cancelled;

(g)the requirements to be complied with by type vehicles;

(h)the arrangements to be made by persons issuing certificates of conformity to ensure that vehicles comply as respects the prescribed requirements with type vehicles;

(i)providing, as respects a vehicle in course of construction or adaptation, for the issue at appropriate stages of construction or adaptation of certificates of conformity in respect of appropriate parts of the vehicle;

(j)the period of validity of certificates issued under regulations under this section;

(k)the keeping of records by specified persons;

(l)powers of inspection of records and premises;

(m)the modification and adaptation of this section in relation to imported vehicles (or parts thereof) in pursuance of any international agreement to which the State is a party.

(10)Regulations under this section may make different provisions for different classes of cases coming within the same matter.

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

(12)In this section “supply” includes supply by way of sale, hire, loan or otherwise.

9. Control of importation, etc., of vehicle parts.

9.—(1)The Minister may make regulations in relation to the importation, supply and fitting of vehicle parts.

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

(a)prohibiting importation either absolutely or save under a licence (which may contain conditions) issued by the Minister or by specified persons;

(b)prohibiting, either absolutely or save under a licence (which may contain conditions) issued by the Minister, persons from supplying, or offering to supply, specified goods or specified classes of goods;

(c)prohibiting persons from fitting, or offering to fit, vehicle parts to a vehicle—

(i)where the importation or supply of such parts is prohibited under this section,

(ii)where the use of a vehicle with such parts in a public place would contravene regulations under section 11 of the Principal Act,

(iii)save in a prescribed manner;

(d)requiring persons supplying specified vehicle parts to supply therewith instructions relating to the fitting and use of such parts.

(3)Different regulations may be made under this section in respect of different classes of vehicle parts and for different circumstances.

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

(5)In this section—

“vehicle part” means any article made or adapted for use as part of a vehicle or for use as part of the equipment of a vehicle and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in a vehicle and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred;

“supply” includes supply by way of sale, hire, loan or otherwise.

10. Control and operation of trailers.

10.—(1)The Minister may make regulations in relation to the control and operation of vehicles drawn by mechanically propelled vehicles.

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

(a)the licensing of drawn vehicles;

(b)the payment of specified fees in respect of applications for licences or plates under the regulations and the disposition of such fees;

(c)the conditions subject to which drawn vehicles may be operated in public places;

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

(e)the production of the records and certificates to members of the Garda Síochána and specified officers of the Minister.

(3)Different regulations may be made under this section for different circumstances and in respect of different classes of vehicles.

(4)A certificate purporting to be issued pursuant to regulations under this section and stating 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 so stated.

(5)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.

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

11. Determination of maximum weights.

11.—(1)A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle and exhibited thereon a plate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(2)A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle a certificate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(3)Where a person contravenes subsection (1) or (2) he shall be guilty of an offence and, where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.

(4)Where a person charged with an offence under subsection (3) 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 the use was unauthorised.

(5)The owner of a vehicle to which this section applies may apply to the issuing authority for a plate and a certificate under this section in respect of the vehicle.

(6)Where an application is made under subsection (5) the issuing authority shall determine the descriptions of maximum weights which are not to be exceeded in the case of the vehicle or of any combination of vehicles of which it is a part and shall issue a plate and a certificate in the prescribed forms in respect of the vehicle.

(7)The Minister may make regulations for the purpose of giving effect to this section.

(8)Regulations under this section may, in particular and without prejudice to the generality of subsection (7), provide for all or any of the following matters:

(a)the classes of vehicles to which this section applies;

(b)exempting from subsections (1) and (2) the use of vehicles for specified purposes or in specified circumstances;

(c)the specifying of the persons to be issuing authorities for the purposes of this section;

(d)the manner in which maximum weights shall be determined, the manner in which any particulars relevant to such determination shall be ascertained or calculated, and the carrying out of tests for the purpose of such determinations;

(e)the making of applications for plates and certificates under this section and the specifying of conditions subject to which such applications may be made;

(f)the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees;

(g)the keeping of records by specified persons;

(h)the forms and periods of validity of plates and certificates under this section;

(i)the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6);

(j)providing, in the event of a specified alteration to a vehicle in respect of which a plate and certificate under this section have been issued, for the surrender of the plate and certificate to a specified person;

(k)the issue by issuing authorities of duplicate plates and certificates under this section in place of plates and certificates lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;

(l)providing in specified cases that the determination of descriptions of maximum weights and other particulars on plates and certificates under this section shall be subject to the general or particular approval of the Minister;

(m)providing for the production to specified officers of the Minister, to members of the Garda Síochána, or to other specified persons of certificates under this section and of records kept under this section.

(9)Regulations under this section may make different provisions for different classes of cases coming within the same matter.

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

(11)A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence.

(12)In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.

12. Inspection and examination of vehicles.

12.—(1)(a)Whenever an authorised officer of the Minister observes a mechanically propelled vehicle or a combination of vehicles in a public place he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may, subject to regulations under this section, do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary.

(b)A person who contravenes a requirement of an authorised officer of the Minister under this subsection or who obstructs such an authorised officer in the performance of his functions under this subsection shall be guilty of an offence.

(2)(a)Whenever the Minister has reasonable grounds for believing that a mechanically propelled vehicle or a combination of vehicles has been used in a public place, he may require the owner of the vehicle or combination to submit it for examination by a person authorised by the Minister at a time and place and in a condition of loading specified by the Minister.

(b)A person who contravenes a requirement under paragraph (a) or who obstructs an authorised person in the performance of his functions under this subsection shall be guilty of an offence.

(3)The Minister may make regulations for the purpose of giving effect to this section.

(4)Regulations under this section may, in particular and without prejudice to the generality of subsection (3), provide for all or any of the following matters:

(a)the circumstances in which inspections and examinations may be carried out;

(b)the nature of inspections and examinations;

(c)the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out;

(d)the requirements which may be made of persons in charge of vehicles or combinations of vehicles for the purpose of carrying out inspections and examinations;

(e)the authorising of officers of the Minister to be authorised officers for the purposes of this section;

(f)the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section;

(g)the delegation by the Minister to specified persons of his powers under subsection (2) (a);

(h)the keeping of records and the furnishing of reports by authorised persons.

(5)Regulations under this section may make different provisions for different classes of vehicles and different circumstances.

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

(7)In this section “examination” includes test.

13. Inspection and examination of vehicles in large fleets.

13.—F2[(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.]

(2)The Minister may make regulations—