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for the general regulation and control of traffic and pedestrians in public places) of the Principal Act are hereby repealed.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—

(a)requiring a person to whom this section applies to arrange, in accordance with a scheme approved by the Minister, for the inspection and examination from time to time of the vehicles (or a specified class thereof) owned or operated by that person,

(b)providing for the keeping of records of such inspections and examinations and of the action taken to remedy any defects discovered in the course of such inspections and examinations, and

(c)providing for the production of such records to officers of the Minister.

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

14. Approval marks.

14.—(1)F3[…]

(2)F3[…]

(3)F3[…]

(4)(a)The Minister may by regulations specify the conditions (including payment of fees) subject to which approval of a type may be given on behalf of the State or subject to which the use of approval marks indicating conformity of a vehicle part with a type approved by the State may be authorised, and may provide for the disposition of fees.

(b)Different regulations may be made under this subsection in respect of different classes of cases.

(5)In this section—

“vehicle part” means any article made or adapted for use as part of either a mechanically propelled vehicle or a vehicle drawn thereby, or for use as part of the equipment of either of such vehicles, and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in either of such vehicles;

“the competent authority” means—

(a)as respects any approval mark indicating conformity with a type approved by the State, the Minister, and

(b)as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark;

“conformity of a vehicle part with a type approved” includes conformity of a vehicle, fitted with the part in question, with a type vehicle approved as respects only the requirement or requirements which the part enables the vehicle to fulfil.

15. Obligatory penalty for excess weight.

15.—F4[(1)Where—

(a)a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,

(b)the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and

(c)the excess weight during such use was not less than 1,000 kilograms,

the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by theRoad Traffic (Amendment) Act, 1984), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.]

(2)A penalty imposed under this section shall be paid to the road authority responsible for the maintenance of the road on which the offence was committed.

(3)Where a sum becomes recoverable under section 17 of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the sum shall be reduced by the amount of the penalty.

(4)Where damages become recoverable under section 93 (8) of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the damages shall be reduced by the amount of the penalty.

(5)In this section—

“excess weight” means—

(a)in the case of a single vehicle, the excess of the weight laden (within the meaning of the relevant regulations) of the vehicle over the maximum weight laden of the vehicle specified by the relevant regulations applying in relation to the vehicle,

(b)in the case of a combination of vehicles, the excess of the weight laden (within the meaning of the relevant regulations) of the combination over the maximum weight laden of the combination specified by the relevant regulations applying in relation to the combination, together with the excess weight (if any) of each of the individual vehicles forming the combination as calculated in the manner specified in paragraph (a);

“relevant regulations” means the regulations for the time being in force under section 12 of the Principal Act.

F5[TABLE

16. Extension of powers of authorised officer under section 16 of Principal Act.

16.—(1)The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended—

(a)to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and

(b)to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as—

(i)the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or

(ii)the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road.

(2)A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).

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

17.—(1)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 to produce in prescribed cases such certificate under this Part as may be prescribed and any other prescribed document for the purposes of this Part,

(b)power to make regulations providing for the insertion in prescribed cases by the licensing authority of prescribed particulars on certificates and documents mentioned in paragraph (a).

(2)In this section “licensing authority” means the council of a county or the corporation of a county borough.

PART III Driving Licences

18. Regulations in relation to control of driving instruction.

18.—(1)The Minister may make regulations in relation to the control of the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle.

F6[(1A) (a) In this subsection—

"approval" means a document authorising the holder to issue instruction certificates;

"approved body" means a body that holds an approval;

"driving instruction" means instruction given for reward in or in respect of the driving of a vehicle;

"instruction certificate" means a certificate referred to inparagraph (b)(ii).

(b) Regulations under this section may provide for—

(i) the exemption from the regulations or specified provisions of the regulations of holders of instruction certificates as respects vehicles to which the certificates relate,

(ii) the issue of instruction certificates by an approved body to persons as respects whom the body is satisfied that they are competent, and appropriately qualified, to give driving instruction of a recognised standard specified in the regulations in respect of vehicles or vehicles of a specified class and the inclusion in the certificates of statements to the effect that the body is so satisfied,

(iii) the revocation by an approved body of an instruction certificate issued by it,

(iv) the grant by the Minister of approvals to persons as respects whom the Minister is satisfied that they are competent, and appropriately qualified, to assess the competenceand qualifications of persons who apply to them for the issue of instruction certificates,

(v) the attachment of conditions by the Minister to approvals and the revocation or amendment of such conditions,

(vi) notification of the person concerned of a proposal to revoke an approval or instruction certificate, or to revoke or amend conditions of approvals, and of the reasons therefor,

(vii) the making of representations to the Minister or the approved body concerned by the persons affected in relation to proposals referred to insubparagraph (vi)and the consideration of any such representations by the Minister or by the body, as the case may be, before deciding whether to proceed with the proposals,

(viii) appeals to the District Court against a revocation or amendment aforesaid and against refusals to issue an approval or an instruction certificate,

(ix) applications for approvals and the conditions to be complied with by applicants (including conditions relating to competence, standards and qualifications and the payment of fees to the Minister),

(x) the systems to be established by approved bodies for ascertaining and assessing from time to time the competence and standards of holders of instruction certificates, and

(xi) the entry on premises of approved bodies and applicants for approvals at all reasonable times by duly authorised officers of the Minister and the examination and copying by such officers of records and other documents, whether in electronic or other form, kept there and the provision to such officers by such bodies and applicants and their staff of such information as they may reasonably request for the purposes of the functions of the Minister under this subsection.]

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

F7[(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);

(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);

(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;]

(b)the qualifications of licensed driving instructors;

(c)the payment of specified fees in respect of licences and applications for licences and the disposition of such fees;

(d)the conduct and duties of licensed driving instructors;

F8[(da) the fitness of applicants for driving instructor licences;]

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

(f)the inspection of courses of instruction given by licensed driving instructors and of vehicles used by them when giving such courses;

(g)the prohibition or the restriction of the giving for reward by a person other than a licensed driving instructor, of instruction in or in respect of the driving of a mechanically propelled vehicle, and the prohibition of a person from employing a driving instructor who is not a licensed driving instructor for the purpose of giving instruction for reward in or in respect of the driving of a mechanically propelled vehicle;

(h)the prohibition of a person other than a licensed driving instructor from holding himself out as a licensed driving instructor, and the prohibition of a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor;

(i)the type of vehicle in which the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle may be carried on, the fittings required to be in or on such a vehicle and the prescribing of any other conditions subject to which such a vehicle may be used for such instruction.

F8[(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;

(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;

(l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;

(m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority;

(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;

(o) matters for the purposes ofsubsection (8).]

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

(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 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)Whenever a person (in this subsection referred to as the instructor) is accompanying the holder of a provisional licence (within the meaning of section 35 of the Principal Act) while such holder is driving a mechanically propelled vehicle in a public place, the instructor shall be deemed, in any prosecution for an offence under this section, to be giving for reward instruction in or in respect of the driving of that vehicle until the contrary is shown by the instructor.

F9[(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction—

(a) in the case of a contravention of a regulation—

(i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor, or prohibiting the employment of such a person for the purpose of giving instruction for reward, or

(ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor, or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor,

to a class A fine or to imprisonment for a term not exceeding 3 months or to both, and

(b) in the case of any other failure or contravention, to a class C fine.]

18A. F14[Disqualification of driving instructors.

18A.—...]

19. Amendment of section 29 of Principal Act.

19.—F15[…]

20. Operation of disqualification order.

20.—The Principal Act is hereby amended by the substitution of the following section for section 30:

21. Amendment of section 33 of Principal Act.

21.—Section 33 of the Principal Act (which relates to certificates of competency) is hereby amended by the insertion after subsection (3) of the following subsection:

22. Limited certificates of competency for special cases.

22.—(1)Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class.

(2)Where the certificate of competency accompanying, pursuant to section 22 (3) (c) of the Principal Act, an application under that section for a driving licence contains a statement that the certificate is limited to a specified type of vehicle belonging to a specified class, any driving licence issued in pursuance of that application shall, notwithstanding anything in that Act, contain a statement that, in relation to that class, the licence is limited to a vehicle of the type specified in the certificate and the licence shall, for the purposes of section 38 of the Principal Act, have effect accordingly.

23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

23.—(1)A person who undergoes or attempts to undergo a test arranged under section 33 of the Principal Act in the name of some other person shall be guilty of an offence.

F16[(2)A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding£350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.]

(3)Where a certificate of competency is issued on completion of a test in relation to which an offence under this section has been committed, such certificate and any driving licence granted in pursuance of an application accompanied by such certificate shall be void and of no effect.

PART IV Speed Limits

24. General speed limit.

24.—Part IV of the Principal Act is hereby amended by the insertion after section 44 of the following section:

25. Amendment of section 46 of Principal Act.

25.—Section 46 of the Principal Act is hereby amended by the deletion of subsection (2) and by the deletion of “of the day and night” in subsection (3) (b).

26. Amendment of section 47 of Principal Act.

26.—Section 47 of the Principal Act is hereby amended—

(a)by the insertion after subsection (2) of the following subsection:

(b)by the insertion after subsection (3) (a) of—

PART V Driving Offences

27. Definitions for Part V.

F17[27.—In this Part—

"analysis" includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

"Bureau" has the meaning assigned to it bysection 37 (1);

"Director" has the meaning assigned to it bysection 39 (1);

"establishment order" has the meaning assigned to it bysection 37 (1).]

28. Obligation to provide preliminary specimen of breath.

28.—F18[…]

29. Amendment of section 49 of Principal Act.

29.—F19[…]

30. Obligation to provide, or permit taking of, specimen at Garda station (section 49).

30.—F20[…]

31. Bar to certain defences to charges under section 49 of Principal Act.

31.—F21[…]

32. Amendment of section 50 of Principal Act.

32.—F22[…]

33. Obligation to provide, or permit taking of, specimen at Garda station (section 50).

33.—F23[…]

34. Bar to certain defences to charges under section 50 of Principal Act.

34.—F24[…]

35. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act.

35.—F25[…]

36. Defence to refusal to permit taking of specimen.

36.—F26[…]

37. Establishment of Bureau for purposes of this Part.

37.—(1)The Minister may by order (in this Part referred to as the establishment order) establish as on and from a specified date a body (in this Part referred to as the Bureau) to perform the functions assigned to it by or under this Act.

(2)The Bureau shall be called and known by such title as may be specified in the establishment order and shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land.

(3)The Bureau shall consist of not less than three but not more than five members.

(4)The members of the Bureau shall be appointed by the Minister.

(5)No remuneration or moneys in respect of expenses may be paid to a member of the Bureau save with the consent of the Minister for Finance.

38. Functions and duties of the Bureau.

38.— F27[(1) The Bureau shall perform the functions assigned to it by or under this Act or the Road Traffic Act, 1994.

(2) In particular, and without prejudice to the generality ofsubsection (1), the Bureau shall, subject to the establishment order and to any regulations under Part III of the Road Traffic Act, 1994, arrange for—

(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under Part III of the Road Traffic Act, 1994, and the issue of reports on such analyses,

(b) the determination, in respect of such specimens, of the concentration of alcohol in the blood or urine and of the presence (if any) of a drug or drugs in the blood or urine,

(c) the issue of certificates required under Part III of the Road Traffic Act, 1994, to be issued by the Bureau,

(d) the provision of equipment for the taking of such specimens,

(e) the approval of—

(i) apparatus for indicating the presence of alcohol, and

(ii) apparatus for determining the concentration of alcohol,

in the breath.]

(3) Where, in a case to which section 35 (1)(b) applies, the registered owner of the mechanically propelled vehicle concerned does not give or send in accordance with section 35 (6) the information specified in paragraph (b) of that subsection, then—

(a) in a prosecution of that owner for the alleged offence, which is not a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence, or

(b) in a prosecution of that owner or another person for the alleged offence, which is a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that—

(i) where the registered owner is an individual, he or she was driving or otherwise using the vehicle, or

(ii) where the registered owner is a body corporate or unincorporated body of persons or has hired out under a hire-drive agreement or leased the vehicle—

(I) the person permitted under an approved policy of insurance or under an agreement, as the case may be, to drive the vehicle was driving or otherwise using the vehicle, or

(II) in the event of being unable to ascertain the identity of that person, the registered owner is deemed to have been driving or otherwise using the vehicle, at the time of the commission of the alleged offence.

(4) The Bureau may, with the consent of the Minister—

F27[(a) arrange for the supply and testing of—

(i) apparatus for indicating the presence of alcohol, and

(ii) apparatus for determining the concentration of alcohol,

in the breath,]

(b) render such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research of a kind which the Bureau is by this Act authorised to carry out.

39. Director of the Bureau.

39.—(1)The establishment order shall provide for the appointment by the Minister of a Director of the Bureau, in this Part referred to as the Director.

F29[(2) The Director shall, subject to this Part and the establishment order, manage the day-to-day business of the Bureau and exercise general supervision in relation to the performance by it of the functions assigned to it by or under this Act orPart 2of the Road Traffic Act 2010.]

(3)The Director shall be paid, out of funds at the disposal of the Bureau—

(a)such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

(b)such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

(4)The Director may be a member of the Bureau.

(5)The Director may, with the consent of the Bureau and as provided by the establishment order, from time to time appoint one or more than one person to act as his deputy and may from time to time delegate to any such person any of the duties or functions of the Director.

(6)Where a delegation to a person is made under this section—

(a)the person shall perform the delegated functions under the general direction and control of the Director,

(b)the person shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and

(c)a provision made by or under this Act which vests functions in the Director or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect for the purposes of the performance of that function by the person, with the substitution of the person for the Director.

(7)Notwithstanding subsection (6), where a delegation to a person is made under this section—

(a)the Director may, in any particular case of the performance of the function, inform the person that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the Director and not by the person, and

(b)if the person is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the Director, the person may refer such case to the Director, and the function shall thereupon be performable in such case by the Director and not by the person.

(8)The name of the Director and of any person appointed under subsection (5) shall be published in the manner specified in the establishment order.

40. Provisions of the establishment order.

40.—(1)The establishment order shall contain such provisions as the Minister considers appropriate for the purpose of enabling the Bureau to perform its functions effectively and to give effect to the provisions of this Part in so far as they relate to the Bureau.

(2)In particular, and without prejudice to the generality of subsection (1), the establishment order may contain provisions relating to all or any of the following matters:

(a)the terms and conditions of appointment and tenure of office of members of the Bureau and of the Director;

(b)the appointment of officers and the employment of servants by the Bureau and the remuneration and conditions of service of such officers and servants;

(c)meetings of the Bureau and procedure at such meetings;

(d)the regulation of the finances of the Bureau and the keeping and auditing of its accounts;

(e)the furnishing by the Bureau to the Minister from time to time of information regarding the performance of its functions;

(f)empowering the Bureau to provide itself with a seal and providing for the use and authentication of the seal;

(g)empowering the Bureau to make arrangements with another person or body for the use by the Bureau of premises and equipment belonging to that person or body and for the use of the services of officers and servants of that person or body.

(3)No provision relating to the matters mentioned in subsection (2) (b) may be contained in the establishment order save with the consent of the Minister for Finance.

(4)The Minister may from time to time by order amend the establishment order and amend or revoke an order under this subsection.

41. Expenses of the Bureau.

41.—(1)Subject to any general directions which may, from time to time, be given by the Minister for Finance, there shall be paid F30[out of moneys provided by the Oireachtas] in every year to the Bureau an amount equal to the expenses which, in the opinion of the Minister, are reasonably and properly incurred in the performance of its functions, less any fees or other payments made to the Bureau under this Act or the establishment order.

(2)Subsection (4) of section 3 of the Roads Act, 1920, shall be construed and have effect as if the expenses required by this section to be met out of the Road Fund were included in the expenses mentioned in paragraph (e) of that subsection.

42. Protection of Director, etc., against legal proceedings.

42.— No action or other legal proceeding shall lie (except in the case of wilful neglect or default) against the Director or any member, officer or servant of the Bureau by reason of, or arising out of, the carrying out of any analysis or determination under this Act F31[, the Road Traffic (Amendment) Act, 1978, or the Road Traffic Act, 1994].

43. Procedure following taking or provision of specimen.

43.—F33[…]

44. Evidential effects of certificate under section 43.

44.—F34[…]

45. Right to further analysis.

45.—F35[…]

46. Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen.

46.—F36[…]

47. Regulations for sections 27 to 46.

47.—F37[…]

48. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.

48.—F38[…]

49. Driving without reasonable consideration.

49.—F39[…]

50. Careless driving.

50.—F40[…]

51. Amendment of section 53 of Principal Act.

51.—F41[…]

52. Amendment of section 55 of Principal Act.

52.—F42[…]

PART VI Compulsory Insurance

53. Cesser of provisions of Principal Act relating to approved guarantee.

53.—The provisions of Part VI of the Principal Act relating to an approved guarantee shall cease to have effect.

54. Exempted person.

54.—The following section is hereby substituted for section 60 of the Principal Act:

55. Deposits by exempted persons.

55.—(1)The following section is hereby substituted for section 61 of the Principal Act:

(2)A deposit made before the commencement of this section by a person who is an exempted person shall be deemed to have been made under section 61 (inserted by this section) of the Principal Act.

PART VII Public Service Vehicles

56. Penalty for damaging public service vehicle.

56.—(1)A person who wilfully or maliciously commits any damage or injury to a public service vehicle shall be guilty of an offence and on summary conviction thereof may, in addition to any penalty which may be imposed under section 102 of the Principal Act, be ordered by the court by which he is so convicted to pay to the owner of the vehicle such sum as the court shall fix as compensation for the damage or injury and for the loss of the time of the owner and of the driver and conductor of the vehicle or of any of them (as the case may require) in attending the court.

(2)Whenever a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under this section the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

57. Amendment of section 82 of Principal Act.

57.—Section 82 of the Principal Act is hereby amended—

(a)by the insertion after “granted” in subsection (2) (c) of “or applied for”, and

(b)by the insertion after subsection (8) of the following subsection:

58. Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.

58.—Section 86 of the Principal Act is hereby amended—

(a)by the substitution for “The Commissioner may, with the consent of the Minister, make bye-laws” in subsection (2) of “The Minister may make regulations”,

(b)by the substitution of “regulations” for “bye-laws” in subsection (3),

(c)by the substitution of “regulation” for “bye-law” in subsections (4) and (6), and

(d)by the substitution of the following subsection for subsection (5):

PART VIII Regulation of Traffic

59. Penalty on person found in a public place while under influence of intoxicating liquor or drug.

59.—(1)A person who is found in a public place in such a condition, because he is under the influence of intoxicating liquor or a drug, as to be a source of danger to traffic or himself shall be guilty of an offence.

(2)A person charged with an offence under this section shall not, in respect of the facts alleged to constitute such offence, be charged under section 12 of the Licensing Act, 1836, section 12 of the Licensing Act, 1872, section 25 of the Licensing (Ireland) Act, 1874, or section 9 of the Summary Jurisdiction Act, 1908.

(3)Where a member of the Garda Síochána is of opinion that a person is committing an offence under this section he may arrest the person without warrant.

60. Regulations for the general control of traffic and pedestrians.

60.—F43[…]

61. Amendment of section 93 of Principal Act.

61.—Section 93 of the Principal Act is hereby amended—

(a)by the substitution of the following paragraph for subsection (1) (a):

(b)by the insertion of the following paragraph after subsection (1) (b):

(c)by the insertion after “vehicle” in subsection (6), and in subsection (8) wherever that word occurs, of “or combination of vehicles”.

62. Transfer of traffic functions to local authorities.

62.—(1)The Minister may by order—

(a)transfer to a specified road authority a specified function in relation to a specified area (whether within or without their functional area) of the Commissioner under section 84, 85, 86, 89, 90, 93, 94, 95, or 96 of the Principal Act,

(b)transfer to a specified road authority the functions of the appropriate local authority under section 90 (3) of the Principal Act and transfer to another road authority a function of a road authority under section 93, 94 or 95 of the Principal Act.

(2)The Minister may by order revoke or amend an order under this section.

(3)An order under this section may contain such consequential or ancillary provisions as are reasonably necessary for the implementation of the transfer effected by the order and may contain such modifications of the Principal Act as are reasonably necessary for that purpose.

63. Removal of vehicles abandoned or unlawfully parked.

63.—The following section is hereby substituted for section 97 of the Principal Act:

PART IX Miscellaneous

64. Amendment of section 103 of Principal Act.

64.—F44[…]

65. Taking vehicle without authority.

65.—Section 112 of the Principal Act is hereby amended—

(a)by the substitution for subsection (1) of the following subsection:

(b)by the insertion after “is committing” in subsection (6) of “or has committed”.

66. Investigation and inquiry by person authorised by Minister into accident involving vehicle.

66.—(1)Whenever a vehicle has been involved in an accident in a public place, an authorised person may—

(a)investigate the circumstances in which the accident occurred,

(b)enter (on production of his authority if so demanded by the owner or person in charge of the premises hereinafter mentioned) at any reasonable time any premises where there is a vehicle which was involved in the accident,

(c)carry out such inspection and examination (including a test) as appear to him to be reasonably necessary for the purposes of the investigation,

(d)do such things and make such requirements as appear to him to be reasonably necessary for the purposes of the investigation and, in particular,

(i)require, by summons, the attendance of all such persons as he thinks fit to call before him and examine for the purposes of his report and require answers or returns to any inquiries which he thinks fit to make,

(ii)require any person to produce such books, papers, other documents and any articles (being in that person's custody or under his control) which he may consider relevant and retain such books, papers, documents and articles for such time as he may reasonably require them, and

(e)report to the Minister concerning the causes of, and all the circumstances surrounding, the accident and make recommendations in connection therewith.

(2)Whenever the Minister considers it necessary, he may direct that a public inquiry be held into the cause of an accident in which a vehicle was involved.

(3)For the purposes of holding an inquiry under this section, the Minister or the person authorised by him to hold the inquiry may—

(a)require any person to attend as a witness to give evidence or to produce any documents relating to the subject matter of the inquiry;

(b)administer or cause to be administered an oath and take evidence under oath.

(4)(a)The Minister may by order make provision for—

(i)the payment by the Minister of the expenses reasonably incurred by a person giving evidence or producing documents at an inquiry under this section,

(ii)the payment by the Minister of costs reasonably incurred by a person in connection with an inquiry under this section,

(iii)the recovery from any person of costs incurred by the Minister in connection with an inquiry under this section.

(b)The Minister may by order amend or revoke an order under this section.

(5)Any person who contravenes a requirement made by an authorised person under subsection (1) of this section or who obstructs an authorised person in the performance of his duties under this section shall be guilty of an offence.

(6)If any person (hereinafter referred to as the witness)—

(a)on being duly summoned as a witness before an inquiry under this section makes default in attending, or

(b)being in attendance as a witness refuses to take an oath legally required to be taken by the person holding an inquiry under this section or to produce any document in his power or control legally required by the person holding an inquiry under this section to be produced by him, or to answer any question to which the person holding an inquiry under this section may legally require an answer, or

(c)does any other thing which would, if the person holding an inquiry under this section were a court of law having power to commit for contempt of court, be contempt of such court,

the person holding an inquiry under this section may certify the offence of the witness to the High Court and the High Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of the witness in like manner as if he had been guilty of contempt of the High Court.

(7)A report made under this section shall not be used as evidence in any legal proceedings arising out of the accident in question.

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

(9)In this section “authorised person” means a person duly authorised in writing by the Minister for the purposes of this section.