Road Traffic Act 2010

(4) Where a person whose name and address or date of birth is demanded under subsection (3) refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, he or she commits an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his or her name and address or date of birth is demanded of him or her by the member under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.”.

74. Signature of applicant — driving licence, etc.

74.— Where a person applies for—

(a) a theory test certificate under the European Communities (Licensing of Drivers) Regulations 2003 (S.I. No. 52 of 2003) (as amended by the European Communities Driving Theoretical Tests (Amendment) Regulations 2006 (S.I. No. 538 of 2006)), to the Driver Theory Testing Service,

(b) a certificate of competency, to an issuing authority, or

F138[(c) an Irish driving licence or learner permit, to a licensing authority,]

the Service or authority, as the case may be, may—

(i) take a photograph or copy of the signature of the applicant,

(ii) keep a copy (including a digital copy) of the signature and the photograph which may also be transferred to and kept on the licence record relating to the applicant,

(iii) include a copy of the signature and the photograph on any theory test certificate or certificate of competence issued or driving licence or learner permit granted, and

(iv) store on any microchip incorporated on a driving licence or learner permit it grants to the applicant a digital copy of the applicant’s signature and photograph.

75. Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

75.— (1) The Minister may make regulations requiring persons applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 in respect of a mechanically propelled vehicle—

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

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

(2) Paragraph (b) of section 123 of the Principal Act is repealed.

76. Amendment of section 47 of Principal Act — offence of exceeding speed limit.

76.— Section 47 (inserted by section 11 of the Act of 2004) of the Principal Act is amended by inserting after subsection (2) the following:

“(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit that has been applied under this Act to the road when the offence is alleged to have been committed.”.

77. Vehicle insurers to provide details of motor insurance policies.

77.— (1) Part VI of the Principal Act is amended by inserting after section 78 the following:

“78A.— (1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda Síochána and the Motor Insurer’s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.

(2) In this subsection ‘motor insurance policies’ means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.”.

(2) Sub-article (4) of article 9 of the Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962) is revoked.

78. Regulatory signs.

78.— (1) Section 95 (as amended by section 37 of the Act of 1994) of the Principal Act is amended—

(a) by substituting for subsection (3) the following:

“(3) (a) A road authority may provide in respect of public roads in their charge such information signs and warning signs as they consider desirable.

(b) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their charge such regulatory signs as they consider desirable.”,

(b) by deleting subsection (4), and

(c) in subsection (5), by substituting for paragraph (a) the following:

“(5) (a) A road authority shall provide in respect of public roads in their charge such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.”.

(2) Regulatory signs which have been provided for or by a road authority before the commencement of this section are deemed to have been provided under section 95 of the Principal Act as amended by this section.

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

79.— The following section is substituted for section 107 of the Principal Act:

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

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

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

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

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

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

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

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

80. Right to demand name and address, etc., of pedal cyclist.

80.— The following section is substituted for section 108 of the Principal Act:

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

81. Evidence in relation to speeding and certain other offences.

81.— (1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by—

(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or

(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.

It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.

(2) In proceedings for an offence referred to in subsection (1)—

(a) a document purporting to be, or to be a copy of, a record referred to in subsection (1)(a)—

(i) which is not a permanent visual record and to be signed by a member of the Garda Síochána, or

(ii) which is a permanent visual record and to be issued by or on behalf of a member of the Garda Síochána or an administrative office or unit of the Garda Síochána designated in that behalf by the Commissioner, or a person authorised under an agreement under subsection (7),

and

(b) on which is endorsed a statement to the effect that it is, or is a copy of, that record,

shall be prima facie evidence in those proceedings of the indications or measurements contained in the record. It shall not be necessary to prove, as the case may be, the signature on the document or that the signatory was a member of the Garda Síochána or that the document was so issued.

(3) A copy of the document referred to in subsection (2) shall be given to the accused person before the commencement of the trial of the offence concerned.

(4) The electronic or other apparatus referred to in subsection (1) shall—

(a) be of a type that has been approved by—

(i) the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or

(ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer,

and

(b) in the case of an apparatus referred to in subsection (1)(a), be capable of producing a record of the measurements or other indications referred to in subsection (1).

It is not necessary to prove that the apparatus is of a type so approved.

(5) In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.

F139[(6) In proceedings for an offence referred to insubsection (1)it shall be presumed, until the contrary is shown, that—

(a) the electronic or other apparatus used for tendering of evidence was provided, maintained and operated by a member of the Garda Síochána, or a person authorised under an agreement undersubsection (7),

(b) the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána, or a person authorised under an agreement undersubsection (7), and

(c)subsection (3)has been complied with.]

(7) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of Superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.

(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement.

(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under this subsection.

(8) F140[A member of garda staff] may perform the functions relating to the establishing of prima facie proof of a constituent of an offence including the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.

(9) In this section—

F141[…]

F140["member of An Garda Síochána", other than insubsections (4)and(7), includes a member of garda staff;]

F142["member of garda staff" shall be construed in accordance with thePolicing, Security and Community Safety Act 2024;]

“permanent visual record” includes a photograph;

“radar gun” means an apparatus which—

(a) can be used to measure the speed of a moving object (such as a motor vehicle) by directing a signal from the apparatus at the object, and, if the signal is reflected off the object, the apparatus in turn receives the reflected signal, and

(b) is capable of measuring the speed of the object and displaying the speed on the apparatus;

“record” includes a visual record which can be stored permanently on the apparatus concerned.

(10) The following are repealed:

(a) section 21 of the Act of 2002,

(b) section 15 of the Act of 2004, and

(c) section 17 of the Act of 2006.

82. Cost of prosecutions — road traffic offences.

82.— (1) Where a person is convicted of an offence under the F143[Road Traffic Act 1961 to 2023] committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.

83. Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

(2) Section 28 of the Act of 2004 is repealed.

84. Amendment of section 15 of Act of 1968 — increase in certain penalties.

84.— The following Table is substituted for the Table (inserted by section 23(2) of the Act of 2002) to section 15 of the Act of 1968:

“TABLE

”.

85. Regulations — control of driving instructors.

85.— Section 18(2) of the Act of 1968 is amended by—

(a) substituting for paragraph (a) the following:

“(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) inserting after paragraph (d) the following:

“(da) the fitness of applicants for driving instructor licences;”,

(c) inserting after paragraph (i) the following:

“(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 of subsection (8).”,

and

(d) F144[…]

86. Special speed limits.

86.— Section 9(2) of the Act of 2004 is amended by substituting for paragraph (a) the following:

“(a) (i) 30 kilometres per hour, and

(ii) 40 kilometres per hour,

in respect of a road or roads in accordance with guidelines issued by the Minister under this section,”.

87. Exemptions for emergency vehicles.

F145[87.—(1) Requirements under theF146[Road Traffic Act 1961 to 2023]relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of theFire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.]

F147[(1A) The Minister may prescribe a class of persons who are engaged in the provision or receipt of instruction for the purposes of the services specified insubsection (1)and to whom that subsection shall apply where the Minister is satisfied that it would be appropriate for that subsection to apply in relation to members of that class.]

(2) Section 27 of the Act of 2004 is repealed.

88. Penalty — supply of mechanically propelled vehicle to minor.

88.— Section 30 of the Act of 2004 is amended by substituting for subsection (2) the following:

“(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.”.

89. Display of local authority permits.

89.— Section 35 (as amended by section 12(4)(b) of the Roads Act 2007) of the Act of 1994 is amended by inserting after subsection (6) the following:

“(7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t), the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue.”.

90. Detention of vehicles.

90.— Section 41(3) of the Act of 1994 is amended by substituting “3 weeks” for “6 weeks”.

91. Repeal.

91.— Section 13 of the Act of 2002 is repealed.

92. Certificates of competency — display of tax disc and test certificate.

92.— Section 33 of the Principal Act is amended by inserting after subsection (3A) (inserted by section 21 of the Act of 1968) the following:

“(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—

(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, or

(b) where the vehicle is a vehicle to which section 18 applies, a test certificate,

for the time being in force, in respect of the vehicle.

(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”.