Road Traffic and Roads Act 2023

PART 1 Preliminary and General

1. Short title, commencement, collective citations and construction

1. (1) This Act may be cited as the Road Traffic and Roads Act 2023.

(2) This Act shall come 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 and different provisions.

(3) The Road Traffic Acts 1961 to 2018 and this Act (other than Parts 3 and 6 and sections 36 to 47) may be cited as the Road Traffic Acts 1961 to 2023 and shall be read together as one.

(4) The Roads Acts 1993 to 2015 and sections 37 to 45 may be cited together as the Roads Acts 1993 to 2023 and shall be read together as one.

(5) The Local Authorities (Traffic Wardens) Acts 1975 and 1987 and Part 6 may be cited together as the Local Authorities (Traffic Wardens) Acts 1975 to 2023 and shall be read together as one.

2. Interpretation

2. In this Act—

“Act of 1961” means the Road Traffic Act 1961;

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

“Act of 1993” means the Roads Act 1993;

“Act of 1994” means the Road Traffic Act 1994;

“Act of 2002” means the Road Traffic Act 2002;

“Act of 2004” means the Road Traffic Act 2004;

“Act of 2010” means the Road Traffic Act 2010;

“Act of 2014” means the Road Traffic Act 2014;

“Act of 2016” means the Road Traffic Act 2016.

PART 2 Construction of references to Driving Licence categories

3. Driving Licence Categories

3. A reference in the Road Traffic Acts 1961 to 2023 or an instrument made thereunder to a driver licensing category in column (1) of the Table below is to be read as a reference to the corresponding category in column (2).

TABLE

PART 3 Information to be provided with application for Vehicle Licence

4. Amendment of Roads Act 1920

4. The Roads Act 1920 is amended—

(a) in section 5, by the insertion of the following subsections after subsection (1):

“(1A) Without prejudice to the generality of subsection (1), the particulars that the Minister may prescribe under that subsection may include—

(a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number,

(b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or

(c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number.

(1B) Where particulars referred to in subsection (1A)(c) are furnished to the Minister, they may, subject to subsection (1C), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence.

(1C) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1A)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.”,

(b) in section 12, by the insertion of the following subsections after subsection (1A):

“(1B) Without prejudice to the generality of subsection (1A), the particulars that the Minister may prescribe under that subsection may include—

(a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number,

(b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or

(c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number.

(1C) Where particulars referred to in subsection (1B)(c) are furnished to the Minister, they may, subject to subsection (1D), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence.

(1D) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1B)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.”,

and

(c) in section 17, by the insertion of the following definitions:

“The expressions ‘driving licence’, ‘foreign driving licence’ and ‘Irish driving licence’ have the same meanings as they have in section 3 of the Road Traffic Act 1961;

The expression ‘driver number’ means—

(a) in the case of a driving licence or a learner permit issued on or after 19 January 2013, the number given at item 4d and described as “Uimhir tiomána” or “Driver number” on the licence or permit, as the case may be, or

(b) in the case of a driving licence or a learner permit issued prior to 19 January 2013, the number given at item 5 and described as “uimhirtiomána/driver number” on the licence or permit, as the case may be;

The expression ‘learner permit’ has the same meaning as it has in section 35 of the Road Traffic Act 1961;

The expressions ‘licence record’ and ‘penalty point’ have the same meanings as they have in section 1 of the Road Traffic Act 2002;

The expression ‘personal public service number’ has the same meaning as it has in section 262 of the Social Welfare Consolidation Act 2005;”.

PART 4 Amendment of Act of 1961

5. Amendment of Act of 1961

5. The Act of 1961 is amended—

(a) in section 3(1)—

(i) by the insertion of the following definition after the definition of “approved policy of insurance”:

“‘autonomous vehicle’ means a mechanically propelled vehicle that has been designed, constructed, adapted or modified to move autonomously for certain periods of time but in respect of which driver intervention is still expected or required;”,

(ii) by the substitution of the following definition for the definition of “driving”:

“‘driving’ includes—

(a) managing and controlling,

(b) in the case of an autonomous vehicle during periods of time in which the vehicle is moving autonomously, monitoring, overseeing and supervising, and

(c) in relation to a bicycle, tricycle or powered personal transporter, riding,

and ‘driver’ and other cognate words shall be construed accordingly;”,

and

(iii) by the insertion of the following definition after “vehicle guarantor”:

“‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;”,

(b) in section 18(10), by the substitution of the following paragraph for paragraph (m):

“(m) the keeping, by the issuing authority or other persons specified in the regulations, of records in relation to tests, and the disclosure of such records relating to a vehicle to the owner of the vehicle, or to a person nominated by the owner;”,

(c) in section 22(2)—

(i) by the substitution of the following paragraph for paragraph (b):

“(b) shall be accompanied by—

(i) evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State,

(ii) any—

(I) certificate of competency,

(II) certificate of fitness, or

(III) medical report,

required under regulations under this Act, and

(iii) the fee payable on the taking out of such a licence,”,

and

(ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i):

“(i) where required under regulations under this Act, a recent photograph of the applicant, and”,

(d) by the substitution of the following section for section 22B:

“22B. (1) Subject to subsection (2), where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.

(2) Where a person who is the holder of a learner permit in respect of vehicles of a 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 subsection (1), 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.”,

(e) in section 23A by the insertion of “, for the purposes of an application for an Irish driving licence,” after “by order declare that”,

(f) by the insertion of the following sections after section 23B:

“Automatic revocation of driving licence where holder is subject of deportation order

23C. (1) Where the holder of an Irish driving licence is the subject of a deportation order the licence shall stand revoked.

(2) A revocation under subsection (1) shall take effect on the date on which the Minister for Justice notifies the Minister, in accordance with subsection (3), of the making of the order.

(3) Where the Minister for Justice makes a deportation order in respect of a person he or she may notify the Minister of the making of the order and may share the following information with the Minister for the purposes of this section:

(a) the name of the person who is the subject of the deportation order;

(b) the date of birth of the person who is the subject of the deportation order;

(c) where the person who is the subject of the deportation order was issued with a document evidencing that he or she had a legal right to reside in the State, the number associated with that document.

(4) The Minister and his or her servants or agents shall not use information shared under subsection (3) for any purpose other than the purpose of this section.

(5) In this section, ‘deportation order’ means a deportation order made or deemed to be made under section 3 of the Immigration Act 1999 or section 51 of the International Protection Act 2015.

Endorsement of revocation of driving licence on license record relating to holder

23D. (1) In this section and section 23E, ‘licence’ means an Irish driving licence or learner permit.

(2) Where the Minister receives a notification under section 23B(3), or where a licence has been revoked in accordance with regulations under section 42(2)(cd), he or she shall cause the fact that the licence stands revoked to be endorsed on the entry (within the meaning of section 1 of the Road Traffic Act 2002) of the person who is the subject of the notification or whose licence has been revoked.

Retention of revoked driving licence by member of Garda Síochána

23E. (1) Where a person produces an Irish driving licence to a member of the Garda Síochána and the member has reasonable grounds to believe that the licence is one which has been revoked in accordance with section 23C or regulations under section 42(2)(cd), he or she shall retain the licence and forward it to the Minister.

(2) Where the Minister receives a driving licence under subsection (1) and the licence stands revoked the Minister shall cause the licence to be destroyed and notify the holder of the licence by letter in writing to the address provided by the licence holder with his or her application for the licence or, where the holder has notified the Minister that he or she has changed address, to that address and by such other means as the Minister prescribes.

(3) Where the Minister receives a licence from a member of the Garda Síochána under subsection (1) and the licence does not stand revoked the Minister shall cause the licence, or a replacement licence, to be furnished to the holder.

(4) A person may make an application for a licence in accordance with this Act notwithstanding that a licence held by him or her has been revoked pursuant to this section or in accordance with regulations under section 42(2)(cd).”,

(g) in section 33—

(i) by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5(g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes.

(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes.

(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”,

and

(ii) by the insertion of the following subsection after subsection (2):

“(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262(2) of the Social Welfare Consolidation Act 2005.”,

(h) in section 35—

(i) in subsection (2)—

(I) in paragraph (b), by the deletion of “and”, and

(II) by the substitution of the following paragraphs for paragraph (c):

“(c) accompanied by—

(i) the appropriate fee, and

(ii) any photograph of the applicant, certificate of fitness or medical report,

required under regulations under this Act, and

(d) accompanied by evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State.”,

(ii) in subsection (6)—

(I) by the deletion of “22(2), (4) and (5),”,

(II) in paragraph (a), by the substitution of “section 35, and” for “section 35”,

(III) in paragraph (b), by the substitution of “section 35.” for “section 35, and”, and

(IV) by the deletion of paragraph (c),

and

(iii) by the insertion of the following subsections after subsection (6):

“(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262(2) of the Social Welfare Consolidation Act 2005.

(8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records.

(9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with—

(a) such information from the records, and

(b) such copies of licence records or of such extracts from such records,

as the person may reasonably require.

(10) Subsection (9) applies to—

(a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(b) such other categories of person and the purpose for such access as may be prescribed.

(11) In this section, ‘licence records’ means records maintained under section 60 of the Finance Act 1993.”,

(i) in section 38, by the substitution of “3 months” for “12 months” in subparagraph (i) of paragraph (a) of subsection (2),

(j) in section 42—

(i) in subsection (2)—

(I) by the insertion of the following paragraphs after paragraph (c):

“(ca) the evidence to accompany an application for an Irish driving licence or a learner permit in order to show that the person has a legal right to reside in the State;

(cb) the automatic revocation of an Irish driving licence or a learner permit—

(i) where a person no longer has a right to reside in the State,

(ii) where the evidence that accompanied an application for an Irish driving licence or a learner permit showing that the person had a legal right to reside in the State expires or is revoked,

(iii) in circumstances where the evidence that accompanied an application for an Irish driving licence or a learner permit showed that the legal right of the person to reside in the State was limited or finite, on an anniversary of the date on which the licence is granted,

(iv) where the Minister becomes aware following the grant of an Irish driving licence or a learner permit that—

(I) at the time an Irish driving licence or a learner permit was granted, the applicant did not meet the requirements for the granting of the Irish driving licence or a learner permit, or

(II) the Irish driving licence or a learner permit was obtained by fraud,

on the date on which the Minister notifies the holder of the Irish driving licence or a learner permit,

(ce) the retention of a revoked Irish driving licence or a learner permit by a member of the Garda Síochána, the subsequent destruction of a retained licence and the notification of the holder of the revoked licence;”,

(II) in paragraph (p), by the substitution of “fees;” for “fees.”, and

(III) by the insertion of the following paragraphs after paragraph (p):

“(q) the application to learner permits of harmonised Community codes under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006[^1] on driving licences;

(r) the application to licences of national codes, along with corresponding information indicating—

(i) restrictions on the conditions of validity of a licence, or

(ii) matters voluntarily brought to the Minister’s attention by the holder of the licence.”,

and

(ii) by the insertion of the following subsections after subsection (3):

“(3A) The Minister may make regulations providing for—