Road Traffic Act 2014

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 2014.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) This Act and the Road Traffic Acts 1961 to 2011 may be cited together as the Road Traffic Acts 1961 to 2014 and shall be read together as one.

2. Definitions

2. In this Act—

“Act of 2002” means Road Traffic Act 2002;

“Act of 2006” means Road Traffic Act 2006;

“Act of 2010” means Road Traffic Act 2010;

“Act of 2012” means Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012;

“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;

“learner driver” means the holder of a learner permit (within the meaning of section 35(1) (inserted by section 11 of the Act of 2006)) of the Principal Act who does not hold a driving licence;

“Minister” means Minister for Transport, Tourism and Sport;

“Principal Act” means Road Traffic Act 1961.

PART 2 Driver Licensing

3. Novice driver

3. (1) For the purposes of this Act, a person who is the holder of a first driving licence is a novice driver for the period of 2 years from the date of its issue.

(2) Where, during the period of 2 years referred to in subsection (1) the person—

(a) becomes disqualified F1[pursuant to Part III of the Principal Act, section 3 of the Act of 2002, section 29 of the Act of 2010 or section 40 of the Act of 2016], or

(b) ceases to be the holder of a licence,

no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 2 years and the date of the ending of that period shall be determined accordingly.

4. Display of N-plate or tabard by novice driver

4. (1) A novice driver shall not drive a mechanically propelled vehicle in a public place unless—

(a) in the case of a motorcycle, there is displayed on a yellow fluorescent tabard worn over the person’s outside clothing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the person’s torso, or

(b) in the case of a mechanically propelled vehicle other than a motorcycle, there are displayed on the vehicle rectangular plates or signs bearing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle.

(2) A person who contravenes subsection (1) commits an offence.

5. Access to endorsements by approved vehicle insurers

5. (1) The Minister may, subject to such conditions as he or she may determine, allow a vehicle insurer F3[or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf], for the purpose of F4[processing] approved policies of insurance, to—

F4[(a) have access to, inspect and examine endorsements and disqualifications for holding a driving licence on the entry (within the meaning of section 1(1) of the Act of 2002) relating to a person,

(b) have access to and verify the driver number of a driver on the entry, and]

F3[(c) be supplied with such copies of an entry or extracts from an entry as the vehicle insurer may reasonably require.]

(2) Section 2(10) of the Act of 2002 is repealed.

F3[(2A) In this section "processing", in relation to an approved policy of insurance, means the general administration, including the issue, amendment or renewal of the policy.]

6. Amendment of Principal Act

6. The Principal Act is amended—

(a) in section 33, by inserting after subsection (3C) (inserted by section 92 of the Act of 2010) the following:

“(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(3E) If a record referred to in subsection (3D) is not produced 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.”,

(b) in section 36(3) —

(i) in paragraph (a), by deleting “the conviction and”, and

(ii) in paragraph (c) (iv), by deleting “of the conviction and”,

(c) in section 38, by inserting after subsection (7) the following:

“(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—

(a) is committing, or has committed, an offence under subsection (1), and

(b) is disqualified from holding a driving licence.”,

and

(d) in section 42(3) (inserted by section 10 of the Act of 2006), by substituting for paragraph (h) the following:

“(h) the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;”.

PART 3 Penalty Points

7. Repeal of section 53 of Act of 2010

7.Section 53 of the Act of 2010 is repealed.

8. Amendment of Act of 2002 — endorsement of penalty points

8. The Act of 2002 is amended—

(a) in section 1(1) —

(i) by inserting after the definition of “entry” the following:

“ ‘Irish licence’ means an Irish driving licence or a learner permit granted under Part III of the Principal Act;”,

and

(ii) by substituting for the definition of “licence” the following:

“ ‘licence’ means an Irish licence or a foreign driving licence, as the case may be;”,

(b) in section 2—

(i) F5[…]

(ii) by substituting for subsection (7) the following:

“(7) If an entry in relation to a person cannot be identified or does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it pursuant to subsection (5) or (6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed.”,

(c) in section 3, by substituting for subsection (1) the following:

“(1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed—

(a) equals or exceeds 12, or

(b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly.”,

and

(d) in section 5(1), by substituting for paragraph (b) the following:

“(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number—

(i) equals or exceeds 12, or

(ii) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing authority not later than 14 days from that date.”.

9. Amendment of section 54 of Act of 2010

9. Section 54 of the Act of 2010 is amended by deleting paragraph (c).

10. Amendment of First Schedule to Act of 2002

10. The First Schedule to the Act of 2002 is amended—

(a) in Part 1—

(i) in column (4) —

(I) by inserting “3” at reference number 2,

(II) by substituting “3” for each entry at reference numbers 7 and 18,

(III) by inserting “3” at reference number 11, and

(IV) by substituting “2” for the entry at reference number 13,

(ii) in column (5), by substituting “5” for each entry at reference numbers 7, 13 and 18,

(b) by inserting after Part 1 the following:

“Part 1A

”,

(c) in Part 4—

(i) in column (2) at reference number 8, by substituting “Offence consisting of contravention of sub-article (5) (a) or (7) (d) of article 14” for “Offence consisting of contravention of article 14(5) ”,

(ii) in column (3) —

(I) at reference number 2, by inserting “driver of” before “vehicle”,

(II) at reference number 22, by substituting “Failure by driver of vehicle to obey traffic lights at railway level crossing, swing bridge or lifting bridge or to halt at traffic sign adjacent to such lights” for “Failure by vehicle to obey traffic lights at railway level crossing or to halt at traffic sign adjacent to such lights”, and

(III) at reference number 25, by substituting “90 km/h” for “50 mph”,

(iii) in column (4) by substituting—

(I) “3” for each entry at reference numbers 1, 4, 12, 13, 17 and 21, and

(II) “2” for each entry at reference numbers 3, 10 and 14,

(iv) in column (5) by substituting—

(I) “5” for each entry at reference numbers 1, 12, 13, and 17, and

(II) “4” for each entry at reference numbers 3, 10 and 14,

(v) by inserting after reference number 26 (as amended by section 138(7) of the Railway Safety Act 2005) the following:

“

”,

(d) by substituting for Part 5 the following:

“Part 5

Contravention of Article 17 of Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006)

In this Part, a reference to Regulation 17 is a reference to Regulation 17 (as amended by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 (S.I. No. 719 of 2007)) of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006).

”,

(e) in Part 6 (inserted by section 16(2) (e) of the Act of 2006), at reference number 1—

(i) in column (4), by substituting “3” for “2”, and

(ii) in column (5), by substituting “5” for “4”,

(f) in Part 7 (inserted by section 16(2)(e) of the Act of 2006)—

(i) in column (4), by substituting “3” for “2”, and

(ii) in column (5), by substituting “5” for “4”,

in each place where it occurs,

(g) in Part 8 at reference number 1, in column (4), by inserting “3”, and

(h) by inserting after Part 9 (inserted by section 54(d) of the Act of 2010) the following:

“Part 10

Contravention of Certain Provisions of Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012)

In this Part, a reference to an Article is a reference to an Article of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 (S.I. No. 332 of 2012).

Part 11

Contravention of Regulation 3 of Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000)

In this Part—

(a) ‘offence’ means an offence under section 11 of the Principal Act,

(b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000).

”.

PART 4 Intoxicated Driving Offences

11. Obligation to perform impairment tests

11.The Act of 2010 is amended by substituting for section 11 the following:

“11. (1) Where a member of the Garda Síochána is of opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(2) Evidence obtained under this section that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of the vehicle referred to in subsection (1).

(3) For the purposes of subsection (1) the Minister may prescribe—

(a) the kinds of impairment tests that may be required to be performed,

(b) the manner in which such a test may be administered,

(c) instructions to be given to a person performing such a test,

(d) the kind of observation of physical state that may be made in the course of such a test,

(e) the inferences that may be drawn from observations made in the course of such a test, and

(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(5) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

(6) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”.

12. Amendment of Act of 2010 — taking of blood from unconscious driver

12. The Act of 2010 is amended—

(a) in section 14 (inserted by section 8 of the Road Traffic (No. 2) Act 2011)—

(i) in subsection (1), by inserting “, or following,” after “in consequence of”,

(ii) by inserting after subsection (3) the following:

“(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to in subsection (1) cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.”,

(iii) by substituting for subsection (4) the following:

“(4) Before making a requirement of a person under subsection (1) or a direction under subsection (3A) the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.”,

(iv) in subsection (5), by inserting “or a direction under subsection (3A)” after “under subsection (1) ”,

(v) in subsection (6), by inserting “or of taking a specimen of his or her blood as directed under subsection (3A)” after “under subsection (1) ” and

(vi) by inserting after subsection (9) the following:

“(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed under subsection (3A).”,

(b) in section 15—

(i) in subsection (2), by inserting “(other than a specimen taken under section 14(3A))” after “of blood”, and

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

“(3) As soon as practicable after—

(a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or

(b) in the case of any other specimen, subsection (2) has been complied with,

a member of the Garda Síochána shall cause to be forwarded to the Bureau—

(i) the completed form referred to in subsection (1),

(ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both sealed containers.”,

(c) in section 17(3), by inserting “, subject to section 17A(3),” after “the Bureau shall”,

(d) by inserting after section 17 the following:

“Permission following taking of blood sample from unconscious driver

17A. (1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to in section 14(1), require that person to give his or her permission for a completed certificate to be forwarded under section 17.

(2) A member of the Garda Síochána shall notify the Bureau as soon as practicable after he or she has been given the permission of a person following a requirement under subsection (1).

(3) Where the Bureau receives a specimen under section 17 taken from a person under section 14(3A) the Bureau shall not forward a completed certificate under section 17(3) unless the Bureau has received a notification under subsection (2) in relation to that specimen.

(4) The Minister may prescribe forms for the purposes of this section.

(5) A person who, following a requirement under subsection (1), without reasonable excuse, refuses or fails to give his or her permission for a completed certificate to be forwarded under section 17 commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) In a prosecution for an offence under subsection (5) for refusing or failing to give permission for a completed certificate to be forwarded under section 17, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under subsection (1).

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”,

(e) in section 19, by inserting “or (3A)” after “or 14(1) ” in both places where it occurs, and

(f) in section 21, by substituting “, 14 or 17A” for “or 14”.

13. Amendment of Principal Act — consequential disqualification order

13.The Principal Act is amended—

(a) in section 26(4) (a) (v), by substituting “, 14 or 17A” for “or 14”, and

(b) in the Second Schedule (as amended by section 43 of the Act of 2012)—

(i) by inserting after paragraph 5 the following:

“Failure to comply with requirement to perform impairment test

5A. An offence under section 11 of the Road Traffic Act 2010.”,

and

(ii) by inserting after paragraph 6 the following: