Road Traffic Act 2004

PART 1 Preliminary and General

1. Short title, commencement, collective citation and construction.

1.—(1) This Act may be cited as the Road Traffic Act 2004.

(2) This Act (other than section 36) comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) The Road Traffic Acts 1961 to 2003 and this Act (other than Part 6) may be cited together as the Road Traffic Acts 1961 to 2004 and shall be construed together as one Act.

2. Interpretation.

2.—(1) In this Act— “Act of 1968” means Road Traffic Act 1968;

“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975;

“Act of 1994” means Road Traffic Act 1994;

“Act of 2001” means Local Government Act 2001;

“Act of 2002” means Road Traffic Act 2002;

“administrative area” has the meaning assigned to it by the Act of 2001;

“built up area” means the area of a city, a borough or a town within the meaning of the Local Government Act 2001;

F1["chief executive", in relation to a county council or city council, means a chief executive for the purposes of section 144 of the Local Government Act 2001;

"Chief Executive of the National Roads Authority" means a person—

(a) directed under section 28 (1)(b) of the Roads Act 1993 to perform the functions referred to in section 29(2) of that Act, or

(b) appointed under section 29 of the Roads Act 1993;]

“Commissioner” means Commissioner of the Garda Síochána;

“county council” and “city council” have the meanings assigned to them, respectively, in the Act of 2001;

“local road”, “regional road”, “national road” and “motorway” have the meaning assigned to them, respectively, in the Roads Act 1993;

“Minister” means Minister for Transport;

F1["national managed road" has the same meaning as it has in the Roads Act 1993;]

“Principal Act” means Road Traffic Act 1961.

F1["road works speed limit" means a speed limit applied by—

(a) the chief executive of a county council or a city council undersection 10, or

(b) the Chief Executive of the National Roads Authority undersection 10A;

"road works speed limit order" means an order made by—

(a) the chief executive of a county council or a city council undersection 10, or

(b) the Chief Executive of the National Roads Authority undersection 10A;

"special speed limit" means a speed limit specified by—

(a) a county council or a city council in bye-laws undersection 9, or

(b) the National Roads Authority in bye-laws undersection 9A;

"special speed limit bye-laws" means bye-laws made by—

(a) a county council or a city council undersection 9, or

(b) the National Roads Authority undersection 9A;]

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment is to be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3. Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

PART 2 Speed Limits

4. Ordinary speed limits.

4.—(1) The Minister may make regulations prescribing a speed limit (“ordinary speed limit”) in respect of all public roads, or all public roads with such exceptions as may be specified in the regulations, for any class of F2[vehicle].

(2) Regulations under this section may prescribe different speed limits for any class of vehicle using particular categories of public roads.

(3) Regulations under this section may make provision for the exemption of a class or classes, including a sub class, of vehicles from a speed limit specified in any such regulations.

5. Built-up area speed limit.

5.—(1) There is a speed limit (“built-up area speed limit”) of 50 kilometres per hour in respect of all public roads, other than a motorway in built-up areas for all mechanically propelled vehicles.

(2) The built-up area speed limit does not apply to a road or part of it in a built-up area where a special speed limit or a road works speed limit applies to that road or part.

6. F4[Regional roads speed limit and local roads speed limit

6.(1) There is a speed limit ("regional roads speed limit") of 80 kilometres per hour in respect of all regional roads, other than regional roads in built-up areas, for all mechanically propelled vehicles.

(2) There is a speed limit ("local roads speed limit") of 60 kilometres per hour in respect of all local roads, other than local roads in built-up areas, for all mechanically propelled vehicles.

(3) The regional roads speed limit does not apply to a regional road or part of it where a special speed limit or a road works speed limit applies to that road or part.

(4) The local roads speed limit does not apply to a local road or part of it where a special speed limit or a road works speed limit applies to that road or part.]

7. National roads speed limit.

7.—(1) There is a speed limit (“national roads speed limit”) of 100 kilometres per hour in respect of all national roads, other than national roads in built-up areas, for all mechanically propelled vehicles.

(2) The national roads speed limit does not apply to a national road or part of it where a special speed limit or a road works speed limit applies to that road or part.

7A. ...

8. Motorway speed limit.

8.—(1) There is a speed limit (“motorway speed limit”) of 120 kilometres per hour in respect of all motorways for all mechanically propelled vehicles.

(2) The motorway speed limit does not apply in respect of any motorway or part of it where a special speed limit or road works speed limit applies to that motorway or part.

9. Special speed limits.

9.—(1) A county council or a city council may make bye-laws F8[…] specifying in respect of any specified public road or specified part of a public road or specified carriageway or lane of a public road F9[other than a national managed road, part of a national managed road or carriageway or lane of a national managed road] within its administrative area the speed limit F8[…] which shall be the speed limit on that road or those roads for mechanically propelled vehicles.

(2) The special speed limits that may be specified in bye-laws under this section are—

F10[(a) (i) 20 kilometres per hour,

(ii) 30 kilometres per hour, and

(iii) 40 kilometres per hour,

in respect of a road or roads in accordance with guidelines issued by the Minister underF11[section 10D],]

(b) 50 kilometres per hour, in respect of any road other than a road in a built-up area,

(c) 60 kilometres per hour,

(d) 80 kilometres per hour, in respect of a motorway, F12[a national road, a local road] or a road in a built-up area,

(e) 100 kilometres per hour, in respect of a motorway, a non-urban regional or local road or a road in a built-up area, and

(f) 120 kilometres per hour, in respect of a dual carriageway that forms part of a national road that is not a motorway in accordance with guidelines issued by the Minister under F11[section 10D].

(3) Before making special speed limit bye-laws a county council or city council shall give notice to—

(a) the council of any borough or town in the administrative county concerned of any provision in the proposed bye-laws relating to roads in their respective administrative areas, and

(b) the Commissioner, and

shall consider any representations made in writing by any such council or the Commissioner where they are received within the period (not being less than one month after the date of service of the notice) specified in the notice.

(4) Whenever a county council or city council having considered any representations under subsection (3), proposes to make bye-laws under this section, the following provisions have effect—

(a) the council shall publish notice of the proposal at least once in at least 2 daily newspapers published in and circulating in the State or the area to which the bye-laws relate,

(b) the notice shall include—

(i) a statement of the purpose for which the bye-laws are to be made,

(ii) an intimation that a copy of draft bye-laws is open for public inspection at the address stated in the notice, and

(iii) an intimation that any person may submit to the council objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the first publication of the notice,

(c) the council shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at the address stated in the notice,

(d) any person who objects to the draft bye-laws may submit his or her objection to the council in writing at any time during that period of 30 days and the council shall consider the objections.

(5) In making special speed limit bye-laws under this section a county council or city council may, in the interests of road safety, apply a special speed limit for a specified period or periods during any day or during specified days (such periods and days being indicated in such bye-laws) on a specified road or specified motorway or part of it and such special speed limit shall, notwithstanding any other provision in the said bye-laws relating to any such road or motorway or part of it, be the speed limit for that road for that period or periods only.

(6) F8[…]

(7) A county council or city council shall not make bye-laws under this section relating to a national road or a motorway without the prior written consent of the National Roads Authority.

(8) The Minister may make regulations in relation to all or any of the following matters:

(a) the varying of the speed limits standing specified in subsection (2) and that subsection shall have effect in accordance with any such regulations for the time being in force; or

(b) the exemption of a class or classes of mechanically propelled vehicles from a specified speed limit or from all of the speed limits specified or having effect under this section.

(9) F8[…]

(10) The making of special speed limit bye-laws under this section and the making of representations under subsection (3)(a) are reserved functions (within the meaning of the Act of 2001).

(11) Where special speed limit bye-laws F9[under this section] apply a special speed limit to a specified public road or specified part of a public road or specified carriageway or lane of a public road, that speed limit does not apply where a road works speed limit order is made in respect of the public road, part, carriageway or lane of it.

(12) A document which purports to be a copy of special speed limit bye-laws F9[under this section], and which has endorsed on it a certificate purporting to be signed by an officer of the county council or city council which made the bye-laws stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified day, shall, without proof of the signature of such officer or that he or she was in fact such officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the bye-laws and of the fact that they were in force on that date.

F9[(13) Where—

(a) a speed limit specified in bye-laws under this section is the speed limit on a road for mechanically propelled vehicles, and

(b) the Minister designates such road or a part thereof as a national managed road,

the speed limit specified in bye-laws under this section in respect of the road shall continue to be the speed limit on that road for mechanically propelled vehicles until the National Roads Authority makes bye-laws undersection 9Aspecifying a speed limit for mechanically propelled vehicles in respect of that national managed road or part thereof.]

9A. F15[Special speed limits on national managed roads

9A.—(1) The National Roads Authority may make bye-laws specifying in respect of any specified national managed road or specified part of a national managed road or specified carriageway or lane of a national managed road, the speed limit which shall be the speed limit on that road or those roads for mechanically propelled vehicles.

(2) The special speed limits that may be specified in bye-laws under this section are—

(a)(i) 20 kilometres per hour,

(ii) 30 kilometres per hour,

(iii) 40 kilometres per hour,

in respect of a national managed road or nationally managed roads in accordance with guidelines issued by the Minister under this Part,

(b) 50 kilometres per hour, in respect of any national managed road other than a national managed road in a built-up area,

(c) 60 kilometres per hour,

(d) 80 kilometres per hour, in respect of a national managed road that is—

(i) a motorway,

(ii) a national road, or

(iii) in a built-up area,

(e) 100 kilometres per hour, in respect of a national managed road that is—

(i) a motorway, or

(ii) in a built-up area, and

(f) 120 kilometres per hour, in respect of a dual carriageway that forms part of a national managed road that—

(i) is a national road, and

(ii) is not a motorway,

in accordance with guidelines issued by the Minister under this Part.

(3) Before making special speed limit bye-laws pursuant tosubsection (1), the National Roads Authority shall give notice to—

(a) the council of any county council or city council concerned of any provision in the proposed bye-laws relating to roads in their respective administrative areas, and

(b) the Commissioner,

and shall consider any representations made in writing by any such council or the Commissioner where they are received within the period (not being less than one month after the date of service of the notice) specified in the notice.

(4) Whenever the National Roads Authority, having considered any representations undersubsection (3), proposes to make bye-laws under this section, the following provisions have effect—

(a) the National Roads Authority shall publish notice of the proposal at least once in at least 2 daily newspapers published in and circulating in the State or the area to which the bye-laws relate,

(b) the notice shall include—

(i) a statement of the purpose for which the bye-laws are to be made,

(ii) an intimation that a copy of draft bye-laws is open for public inspection at the address stated in the notice, and

(iii) an intimation that any person may submit to the National Roads Authority objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the first publication of the notice,

(c) the National Roads Authority shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at the address stated in the notice, and

(d) any person who objects to the draft bye-laws may submit his or her objection to the National Roads Authority in writing at any time during that period of 30 days and the Authority shall consider the objections.

(5) In making special speed limit bye-laws under this section the National Roads Authority may, in the interests of road safety, apply a special speed limit for a specified period or periods during any day or during specified days (such periods and days being indicated in such bye-laws) on a specified national managed road or part of it and such special speed limit shall, notwithstanding any other provision in the said bye-laws relating to any such national managed road or part of it, be the speed limit for that national road for that period or periods only.

(6) The Minister may make regulations in relation to all or any of the following matters:

(a) the varying of the speed limits standing specified insubsection (2)and that subsection shall have effect in accordance with any such regulations for the time being in force;

(b) the exemption of a class or classes of mechanically propelled vehicles from a specified speed limit or from all of the speed limits specified or having effect under this section.

(7) Where special speed limit bye-laws under this section apply a special speed limit to a specified national managed road or specified part of a national managed road or specified carriageway or lane of a national managed road, that speed limit does not apply where—

(a) a road works speed limit order is made in respect of, or

(b) a variable speed limit is applied to,

that national managed road, part, carriageway or lane.

(8) A document which purports to be a copy of special speed limit bye-laws made under this section and which has endorsed on it a certificate purporting to be signed by an officer of the National Roads Authority stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified day, shall, without proof of the signature of such officer or that he or she was in fact such officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the bye-laws and of the fact that they were in force on that date.]

10. Speed limits at road works.