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Reform history

Road Traffic Act 2016

2 versions · 2016-12-27

2024-11-21

IE-2016-act-21 — consolidated version 2024-11-21

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# Road Traffic Act 2016

## PART 1 Preliminary and General

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

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(b) beyond repair,

shall notify the Minister in accordance with *subsection (2)* within 5 working days of such inspection.

shall notify the Minister in accordance with *subsection (2)* within F1[10 working days] of such inspection.

(2) When an insurer notifies the Minister under *subsection (1)* it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.

@@ -90,7 +88,7 @@

“(1A) Subject to subsection (1B), a person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of a drug specified in column (2) of the Schedule such that, within 3 hours after so driving or attempting to drive, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a certificate, in the prescribed form (referred to in this Part as a “medical exemption certificate”) which indicates that at the time at which that drug was found to be present in his or her blood ^9 - Tetrahydrocannabinol had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a certificate, in the prescribed form (referred to in this Part as a “medical exemption certificate”) which indicates that at the time at which that drug was found to be present in his or her blood Δ^9 - Tetrahydrocannabinol had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.

(1C) A person who signs a medical exemption certificate containing information which he or she knows to be false commits an offence and is liable on summary conviction to a class C fine.”,

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Specified Drugs

| Reference Number (1) | Drug (2) | Level (units in whole blood) (3) |

| --- | --- | --- |

| 1 | ^9-Tetrahydrocannabinol (Cannabis) | 1ng/ml |

| 2 | 11-nor-9-carboxy-^9-tetrahydrocannabinol (Cannabis) | 5ng/ml |

| 3 | Cocaine | 10ng/ml |

| 4 | Benzoylecgonine (Cocaine) | 50ng/ml |

| 5 | 6-Acetylmorphine (Heroin) | 5ng/ml |

”.

##### 9. **Amendment of section 7(a) of Act of 2010 - power of entry**

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**13.** The Act of 2010 is amended by inserting after section 13 the following:

**“Obligation to provide oral fluid specimen following arrest under Part 2**

“**Obligation to provide oral fluid specimen following arrest under Part 2**

**13A.** (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda Síochána station or hospital, require the person to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member.

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**14.** Section 17 of the Act of 2010 is amended by substituting for subsection (1) the following:

**“17.** (1) As soon as practicable after it has received a specimen forwarded to it under section 15, the Bureau shall analyse the specimen and may determine, as appropriate, all or any of the following:

“**17.** (1) As soon as practicable after it has received a specimen forwarded to it under section 15, the Bureau shall analyse the specimen and may determine, as appropriate, all or any of the following:

(a) the concentration of alcohol in the specimen;

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

## **PART 5** **Amendment of Part 3 of the Road Traffic Act 2010**

## PART 5 Amendment of Part 3 of the Road Traffic Act 2010

##### 23. **Fixed charge offences**

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(b) ‘non-motorised passenger transporters’ means hackney carriage or rickshaw propelled by pedal cycle, pedal tricycle, horse, pedestrian or other such non-motorised means.”.

##### 32. **Amendment of section 107 of Principal Act - obligation on cyclists to give name and addre**ss e**tc. on demand to member of Garda Síochána**

##### 32. **Amendment of section 107 of Principal Act - obligation on cyclists to give name and address etc. on demand to member of Garda Síochána**

**32.** Section 107 (inserted by section 79 of the Act of 2010) of the Principal Act is amended—

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(b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 (S.I. No. 35 of 1982).

| --- | --- | --- | --- | --- |

| 1. | Offence consisting of contravention of Regulation 3 | Using a trailer or semi-trailer with a maximum permissible weight exceeding 3,500kg without a licence | 2 | 4 |

”.

and

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“

| --- | --- | --- | --- | --- |

| 8 | Offence consisting of contravention of sub-article (5)(a) or (7)(d) of article 14 | Contravention of restrictions on driving vehicle on cycle track or shared track | 1 | 3 |

”.

(2) Section 10(c)(i) of the Road Traffic Act 2014 is repealed.

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##### 39. **Learner Driver driving unaccompanied (Owner)**

**39.** The Road Traffic Act 1961, is amended by the insertion of the following section:

**“35A.** (1) It shall be an offence for the owner of a vehicle to allow their vehicle be driven by a learner driver driving unaccompanied.

(2) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(3) Where a person is guilty of an offence under this section and disregarding any disqualification that may be capable of being imposed, such person shall be liable on summary conviction to a fine not exceeding €2,000 or a term not exceeding six months imprisonment or both such fine and imprisonment.”.

**39.** F2[…]

## PART 7 Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland

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(ii) in which the address which appears on the Irish driving licence or learner permit held by the person the subject of the application concerned under *subsection (2)* is located;

“normal residence” has the meaning given to it by Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006[^1]

“normal residence” has the meaning given to it by Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006^1

“provisional licence” means a provisional licence issued in Great Britain or Northern Ireland;

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**41.** Section 9 (as amended by section 52 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012) of, and the Second Schedule to, the Road Traffic Act 2002 are repealed.

## SCHEDULE Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland

*Section 40*

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland;

Desiring to operate bi-lateral arrangements between them on the reciprocal recognition of driving disqualifications,

Have agreed as follows:

ARTICLE 1

The Contracting States agree to cooperate in accordance with their national laws in order to mutually recognise driving disqualifications.

ARTICLE 2

For the purposes of this Agreement:

(a) “Central authority” and “competent authority” mean the authorities designated as such for the purpose of the Agreement by the State in question and as notified to the other Contracting State;

(b) “driving disqualification” means any measure related to the commission of a road traffic offence which results in withdrawal or suspension of a right to drive a power driven vehicle and which is no longer subject to a right of appeal;

(d) “power driven vehicle” has the meaning given by Article 4.1 of Directive 2006/126/EC;

(e) “Relevant State” means:

i) Ireland where the road traffic offence is committed in the UK and the offender has normal residence in Ireland or the offender does not have normal residence in Ireland but holds an Ireland driving licence (including a learner permit); or

ii) the UK where the road traffic offence is committed in Ireland and the offender has normal residence in the UK or the offender does not have normal residence in the UK but holds a Great Britain or Northern Ireland licence (including a provisional licence);

(f) “State of the offence” means the Contracting State within the territory of which the road traffic offence occurred; and

(g) “UK” means United Kingdom of Great Britain and Northern Ireland.

ARTICLE 3

A competent authority of the State of the offence shall notify a driving disqualification imposed by a court in its territory for an offence arising from conduct referred to in the Annex to the Central authority of the Relevant State.

ARTICLE 4

1. After notification of its Central authority in accordance with Article 3 the Relevant State shall give effect to the decision imposing disqualification from driving made in the State of the offence in accordance with the conditions laid down in clause 2.

2. The Relevant State:

(a) shall take into account any part of the period of the driving disqualification imposed by the State of the offence which has already been served in that State;

(b) may reduce the duration of the driving disqualification but only to the maximum term provided for acts of the same kind under its national law;

(d) shall not impose the disqualification beyond the date of the expiration of the disqualification in the State of the offence.

3. When giving effect to a driving disqualification under this Article, the Relevant State shall, where necessary, determine a date from which it will enforce the driving disqualification.

ARTICLE 5

1. The Relevant State shall refuse to give effect to the driving disqualification where:

(a) the driving disqualification has already been fully served in the State of the offence;

(b) the offender has already had a driving disqualification imposed on him in the Relevant State for the same acts and that disqualification has been or is being served;

(d) in the circumstances of the particular case, after receiving any information supplied under Article 6, it considers that the person concerned has not had an adequate opportunity to defend himself.

2. The Relevant State may refuse to give effect to the driving disqualification if:

a) the conduct for which the driving disqualification has been imposed in the State of the offence does not constitute an offence under the law of the Relevant State;

b) the remaining period of disqualification which could be enforced in the Relevant State is less than three months; or

c) driving disqualification is not a measure available under the legislation of the Relevant State for the acts giving rise to the driving disqualification imposed by the State of the offence.

ARTICLE 6

1. The notification referred to in Article 3 shall be accompanied by:

a) details allowing the Relevant State to locate the person disqualified from driving;

b) the original or a certified copy of the decision imposing a driving disqualification;

c) a brief statement of the circumstances and a reference to the legal provisions in the State of the offence on the basis of which the driving disqualification was imposed, if these are not given in the decision;

d) an attestation that the decision is final;

e) information regarding the enforcement of the driving disqualification in the State of the offence, including the length of the disqualification and, where known, the dates on which the disqualification starts and expires;

f) the driving licence, if it has been seized; and

g) the name, address and date of birth of the offender.

2. Where the person on whom the driving disqualification has been imposed did not appear personally or was not represented at the proceedings, notifications pursuant to Article 3 must be accompanied by evidence that the person has been duly notified of the proceedings in accordance with the law of the State of the offence.

3. If the information communicated in accordance with clauses 1 and 2 is found to be insufficient to allow a decision to give effect to the driving disqualification to be taken, in particular, where in the circumstances of the particular case, there is doubt whether the person concerned has had an adequate opportunity to defend himself, the competent authorities of the Relevant State may request the competent authorities of the State of the offence to provide the necessary supplementary information without delay.

ARTICLE 7

The Relevant State shall inform the State of the offence of any decision taken in respect of a notification given pursuant to Article 3 and in respect of enforcement, and where it refuses to give effect to a driving disqualification pursuant to Article 5, of the reasons for its refusal.

ARTICLE 8

1. The right of the State of the offence to execute in its territory the full period of the driving disqualification determined by the State of the offence shall not be affected by any decision of the Relevant State.

2. When notifying the person concerned of the decision to disqualify, the State of the offence which proposes to apply clause 1 shall at the same time inform the person of this fact, and shall confirm in the notification given in accordance with Article 3 to the Relevant State that it has done so.

ARTICLE 9

Each Contracting State shall adopt the measures necessary to enable it to prohibit the driving of a power driven vehicle in its territory when the driver is disqualified from driving by the Relevant State in implementation of this Agreement.

ARTICLE 10

Costs incurred in implementing this Agreement shall be borne in the Contracting State in which they occur.

ARTICLE 11

Unless requested to do so earlier the Contracting States shall review the implementation of this Agreement 2 years after entry into force of this Agreement, and at any other time both Contracting States otherwise agree to do so.

ARTICLE 12

Any dispute arising from or relating to this Agreement shall be settled through negotiation between the Contracting States.

ARTICLE 13

1. This Agreement shall apply:

a) to Ireland; and

b) in relation to the United Kingdom to Great Britain and Northern Ireland.

2. References to the territory of a Contracting State shall be construed in accordance with clause 1 of this Article.

ARTICLE 14

1. The Parties shall notify each other in writing when their necessary internal procedures for entry into force have been completed. The Agreement shall enter into force on the date of the later of such notifications, and shall continue in force until terminated.

2. Either of the Contracting States may terminate this Agreement at any time by giving notice to the other through the diplomatic channel; and if such notice is given the Agreement shall cease to have effect six months after the receipt of the notice.

3. This Agreement shall only apply to offences committed after the entry into force of the Agreement.

In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed this Agreement.

Done in Duplicate at Dublin this 30th day of October 2015.

| Niall A. Burgess | Dominick Chilcott |

| --- | --- |

| For the Government of Ireland: | For the Government of the United Kingdom of Great Britain and Northern Ireland: |

Annex

Conduct covered by Article 3 of this Agreement

1. Reckless or dangerous driving (whether or not resulting in death, injury or serious risk).

2. Wilful failure to carry out the obligations placed on drivers after being involved in road accidents.

3. Driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver.

4. Refusal to submit to alcohol and drug tests

5. Driving a vehicle faster than the permitted speed

6. Driving a vehicle whilst disqualified.

7. Other conduct constituting an offence for which a driving disqualification has been imposed by the State of the offence:

a. of a duration of six months or more, or

b. of a duration of less than six months where this has been agreed between the Contracting States.

2016-12-27

Road Traffic Act 2016

original version Text at this date