Road Traffic Act 2006

1. Definitions.

1.— In this Act—

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

“Act of 1994” means Road Traffic Act 1994;

“Act of 1995” means Road Traffic Act 1995;

“Act of 2002” means Road Traffic Act 2002;

“Act of 2003” means Road Traffic Act 2003;

“Act of 2004” means Road Traffic Act 2004;

“Minister” means Minister for Transport;

“Principal Act” means Road Traffic Act 1961.

2. Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities.

3. Prohibition on holding mobile phone by driver of mechanically propelled vehicle, etc.

3.— (1) A person shall not while driving a mechanically propelled vehicle F1[, or a powered personal transporter,] in a public place hold a mobile phone.

(2) Subsection(1) does not apply to a member of the Garda Síochána, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties.

(3) A person who contravenes subsection(1) is guilty of an offence.

(4) The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places of the use of—

(a) a mobile phone (other than in the circumstances referred to in subsection (1)),

(b) an in-vehicle communication device,

(c) information equipment, or

(d) entertainment equipment.

F2[(4A) The Minister may, to avoid the impairment of, or interference with, the driving capacity or capabilities of a driver of a powered personal transporter, make regulations in relation to the restriction or prohibition while driving a powered personal transporter in a public place of the use of—

(a) a mobile phone (other than in the circumstances referred to insubsection (1)),

(b) information equipment, or

(c) entertainment equipment.]

(5) Different regulations may be made under F3[subsection (4)or(4A)] for different classes of cases coming within the same class of equipment or for different classes of vehicles F4[or transporters] in relation to such equipment or different classes of persons.

(6) A person who contravenes or fails to comply with regulations made under F5[subsection (4)or(4A)] is guilty of an offence.

(7) It is a defence for a person charged with an offence under subsection(3), in relation to holding a mobile phone while driving a mechanically propelled vehicle F6[or powered personal transporter], or under subsection(6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—

(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or

(b) involved in or acting in response to a genuine emergency.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €2,000.

(9) In this section—

“hands-free device” means a device designed so that when used in conjunction with a mobile phone there is no need for the user to hold the phone by hand;

“hold”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;

“interactive communication function” includes—

(a) sending or receiving oral or written messages,

(b) sending or receiving facsimile documents,

(c) sending or receiving still or moving images, or

(d) providing access to the internet;

“in-vehicle communication device” means a communication device designed or adapted to be attached to or integrated into a mechanically propelled vehicle or which may be used in or on such a vehicle and with which a person is capable of making or receiving a call or performing an interactive communication function and includes a two-way radio;

“mobile phone” means a portable communication device, other than a two-way radio, with which a person is capable of making or receiving a call or performing an interactive communication function, but for the purposes of subsection (1) does not include a hands-free device;

“portable” in relation to a mobile phone, means the phone is designed or adapted to be carried by a person;

“two-way radio” means an apparatus for wireless telegraphy which is designed or adapted for the purpose of transmitting or receiving spoken words or messages between a person and another, using a frequency other than a frequency used by a mobile phone.

4. Mandatory alcohol testing.

4.—(1) F7[…]

(2) F7[…]

(3) F7[…]

(4) F7[…]

(5) F7[…]

(6) F7[…]

(7) F8[…]

(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.

(9) An authorisation or a copy expressing itself to be such authorisation, shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2006, of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it.

(10) F7[…]

5. Fixed charge and disqualification for certain drink driving offences.

5.— F10[…]

6. Consequential disqualification orders.

6.— F11[…]

7. Removal of disqualification.

7.— The following section is substituted for section 29 of the Principal Act:

“29.— (1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

(4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.

(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section ‘disqualification order’ means a consequential or an ancillary disqualification order.”.

8. Recognition of foreign driving licences.

8.— The following section is inserted after section 23 of the Principal Act:

“23A.— (1) The Minister may by order declare that a licence or permit permitting a person to drive a mechanically propelled vehicle, not being a licence or permit issued to a person to enable that person to learn or provisionally to drive such a vehicle, issued by the competent authority of a state other than the State, shall be recognised for the purpose of exchange of that licence or permit for a driving licence, in respect of any one or more of the categories in respect of which the licence or permit is held, and subject to such restrictions, if any, as may be specified in the order.

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

9. Theory test certificate.

9.— Section 33(4) of the Principal Act is amended by inserting “where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency” before “subject to being satisfied”.

10. Regulations relating to driving licences, learner permits and certificates of competency and fitness.

10.— The following section is substituted for section 42 of the Principal Act:

“42.— (1) In this section ‘licence’ means a driving licence or learner permit.

(2) The Minister may make regulations to provide for all or any of the following:

(a) the categorization for the purposes of this Part of mechanically propelled vehicles;

(b) the form of driving licences and learner permits;

(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;

(d) the surrender of licences;

(e) the securing that licences for a category are not issued to persons already holding licences for such category;

(f) the issue by licensing authorities of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;

(g) the communication of particulars of licences granted by licensing authorities to other licensing authorities;

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;

(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;

(j) the period during which a learner permit is to remain in force;

(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;

(l) the issue of licences by officers of any Minister of the Government or the Road Safety Authority as agent of a licensing authority;

(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;

(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence.

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(c) the making of applications for certificates;

(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;

(g) the persons by whom further tests directed under section 33(6) are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);

(n) the minimum period which has to elapse, following the granting of a learner permit and in circumstances as may be prescribed, during which the holder of the licence may not apply for a certificate of competency.

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

(a) the production of licences in court;

(b) the effecting of endorsements ordered under section 36;

(c) the transmission of licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36.

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

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

11. Learner permit.

11.— (1) The following section is substituted for section 35 of the Principal Act:

“35.— (1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit (‘ learner permit’ ) licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be—

(a) made to the licensing authority in whose functional area the applicant ordinarily resides,

(b) in accordance with the regulations under section 42, and

(c) accompanied by the appropriate fee.

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under—

(a) section 38(2), it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,

(b) section 38(4), it is a defence for the defendant to show that the person employed to drive the vehicle held, at the time he or she drove the vehicle, a learner permit then having effect and permitting him or her to drive the vehicle,

(c) section 40, it is a defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he or she produced a learner permit having effect at the material time and permitting him or her to drive the vehicle and that he or she permitted the member of the Garda Síochána to whom it was produced to read it.

(6) Sections 22(2), (4) and (5), 26, 27, 28(1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39, 40 and 41 apply to learner permits as they apply to driving licences, except that where—

(a) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the appropriate licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with section 35,

(b) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with section 35, and

(c) a holder of a learner permit in respect of a vehicle of any category for a period has been granted a certificate of competency in respect of such category he or she shall not, by virtue of the application of section 22(5), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which or part of which is within that period.”.

(2) Section 1 of the Act of 2002 is amended in the definition of “licence” by substituting “learner permit” for “provisional licence”.

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

(4) Section 29(1) of the Act of 1994 is repealed.

12. Driving without driving licence.

12.— Section 38 of the Principal Act is amended—

(a) in subsection (2), by substituting for paragraph(a) the following:

“(a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—

(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than 12 months before the commission of the offence, to a fine not exceeding €1,000, and

(ii) in any other case, to a fine not exceeding €2,000.”;

and