Click here for Explanatory Memorandum here for Explanatory Memorandum ———————— Number 12 of 2002 ROAD TRAFFIC ACT, 2002 ———————— ARRANGEMENT OF SECTIONS

Click here forExplanatory Memorandum

————————

Number 12 of 2002

————————

ROAD TRAFFIC ACT, 2002

————————

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Endorsement of penalty points.

3. Disqualification by reason of penalty points.

4. Period of endorsement of penalty points.

5. Notification to licence holder of endorsement of penaltypoints.

6. Interruption of period of endorsement of penalty points ordisqualifications under section 3.

7. The appropriate date.

8. Endorsement of certain convictions and disqualifications onentries.

9. Disqualification pursuant to European Convention on Driv-ing Disqualifications.

10. Obligation to provide preliminary breath specimen.

11. Fixed charge offences.

12. Amendment of Act of 1975.

13. Protection of environment.

14. Performance of certain functions.

15. Bye-laws in relation to stands for taxis.

16. Stopping places and stands for buses.

17. Amendment of section 56 of Principal Act.

18. Amendment of section 40 of Principal Act.

19. Amendment of section 18 of Act of 1968.

20. Amendment of section 35 of Act of 1994.

21. Evidence in relation to certain offences.

22. Inspection of driving licences of persons charged with certainoffences.

[No. 12.] Road Traffic Act, 2002. [2002.]

2

Section23. Increase of certain penalties.

24. Regulations.

25. Repeals and amendment of sections 97(1)(b), 102, 107, 110,111, 115, 125 and 126 of Principal Act.

26. Short title, commencement, construction and collectivecitation.

FIRST SCHEDULE

Penalty Points

PART 1

Contravention of Certain Statutory Provisions

PART 2

Contravention of Certain Provisions of Road Traffic(Construction, Equipment and Use of Vehicles) Regulations,

1963 to 2002

PART 3

Contravention of Certain Provisions of Road Traffic (Lightingof Vehicles) Regulations, 1963

PART 4

Contravention of Certain Provisions of Road Traffic (Trafficand Parking) Regulations, 1997

PART 5

Contravention of Article 6 of Road Traffic (Licensing ofDrivers) Regulations, 1999

SECOND SCHEDULE

Convention drawn up on the basis of Article K.3 of the Treatyon European Union on Driving Disqualifications done at Brus-

sels on the 17th day of June, 1998

————————Acts Referred to

Civil Service Commissioners Act, 1956 1956, No. 45Civil Service Regulation Act, 1956 1956, No. 46Environmental Protection Agency Act, 1992 1992, No. 7Finance Act, 1976 1976, No. 16Finance Act, 1993 1993, No. 13Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24Interpretation Act, 1937 1937, No. 38Local Authorities (Traffic Wardens) Act, 1975 1975, No. 14Local Government Act, 1941 1941, No. 23Petty Sessions (Ireland) Act, 1851 1851, c. 93Road Traffic Act, 1961 1961, No. 24Road Traffic Act, 1968 1968, No. 25Road Traffic Act, 1994 1994, No. 23Road Traffic Act, 1995 1995, No. 7Road Traffic Acts, 1961 to 1994Road Traffic Acts, 1961 to 1995Road Traffic (Amendment) Act, 1984 1984, No. 16Roads Act, 1920 1920, c. 72Roads Act, 1993 1993, No. 14

————————

Number 12 of 2002

————————


————————

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFICACTS, 1961 to 1995. [10th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act, save where the context otherwise requires—

‘‘the Act of 1968’’ means the Road Traffic Act, 1968;

‘‘the Act of 1975’’ means the Local Authorities (Traffic Wardens)Act, 1975;

‘‘the Act of 1994’’ means the Road Traffic Act, 1994;

‘‘the Acts’’ means the Road Traffic Acts, 1961 to 1995;

‘‘appeal’’ includes an appeal by way of case stated;

‘‘appropriate date’’ shall be construed in accordance with section 7;

‘‘entry’’, in relation to a person, means the entry in the licence recordrelating to the person;

‘‘licence’’ means a driving licence or a provisional licence under PartIII of the Principal Act;

‘‘licence record’’ means the record jointly established and maintainedby the Minister and all the licensing authorities under section 60(2)of the Finance Act, 1993, in relation to licences;

‘‘penalty point’’ means a point specified in column (4) or (5) of theFirst Schedule;

‘‘penalty point offence’’ means an offence specified in column (2) ofthe First Schedule committed after the commencement of section 2;

‘‘the Principal Act’’ means the Road Traffic Act, 1961.

(2) A word or expression that is used in this Act and is also usedin the Principal Act has in this Act, unless the context otherwiserequires, the same meaning as it has in the Principal Act.

3

Interpretation.

[No. 12.] Road Traffic Act, 2002. [2002.]S.1

Endorsement ofpenalty points.

4

(3) In this Act—

(a) a reference to a section or a Schedule is a reference to asection of, or a Schedule to, this Act unless it is indicatedthat reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference toa subsection or paragraph of the provision in which thereference occurs unless it is indicated that reference tosome other provision is intended, and

(c) a reference to any enactment or instrument made under stat-ute shall be construed as a reference to that enactmentor instrument as amended, adapted or extended by orunder any subsequent enactment or instrument madeunder statute.

2.—(1) Where a person makes a payment under section 103 (asinserted by this Act) of the Principal Act in respect of an allegedpenalty point offence (other than such an offence specified at refer-ence number 2, 3, 8, 9, 10, 11, 12 or 14 in column (2) of Part 1 of theFirst Schedule), the number of penalty points specified in column (4)of that Schedule opposite the mention of the offence in the saidcolumn (2) shall, subject to and in accordance with the provisions ofthis Act, be endorsed on the entry relating to the person in respectof the alleged offence.

(2) Where a person is convicted of a penalty point offence, thenumber of penalty points specified in column (5) of the First Sched-ule opposite the mention of the offence in column (2) of that Sched-ule shall, subject to and in accordance with the provisions of this Act,be endorsed on the entry relating to the person in respect of theoffence.

(3) (a) Where a person, whether on the same occasion or not—

(i) makes 2 or more payments referred to in subsection(1) in respect of alleged penalty point offences com-mitted on the same occasion, or

(ii) is convicted of 2 or more penalty point offences com-mitted on the same occasion,

penalty points in respect of one only of the allegedoffences or offences, determined, where appropriate, inaccordance with subsection (4), shall be endorsed on theentry relating to the person.

(b) Where a person, whether on the same occasion or not,makes one or more payments referred to in subsection(1) and is convicted of one or more penalty point offencesand the alleged penalty point offences concerned and thepenalty point offences were committed on the sameoccasion, penalty points in respect only of any one of thealleged offences and offences, determined in accordancewith subsection (4), shall be endorsed on the entry relat-ing to the person.

(4) In a case referred to in subsection (3)—

(a) if the number of penalty points falling (but for thatsubsection) to be endorsed on the entry concerned in

[2002.] Road Traffic Act, 2002. [No. 12.]S.2respect of one of the alleged offences, or offences, con-

cerned differs from that or those in respect of the otheror others, the number which is the bigger or biggest shall,subject to paragraph (b), be endorsed on the entry, and

(b) if 2 or more of the numbers aforesaid are bigger than theother or others, or are the biggest of the numbers, andare equal, one only of them shall be so endorsed.

(5) Upon the making of a payment referred to in subsection (1)to a member of the Garda Sıochana, the Commissioner shall, as soonas may be after the payment, cause the Minister to be notified of thepayment and, thereupon, subject to subsections (3), (7) and (8), theMinister shall cause the appropriate number of penalty points to beendorsed on the entry concerned.

(6) (a) When a person is convicted of a penalty point offence, theregistrar or clerk of the court concerned or such othermember of the staff of the Courts Service as that Servicemay designate shall notify the Minister of theconviction—

(i) in case an appeal is brought against the convictionand it is determined against the person, as soon asmay be after such determination,

(ii) in case an appeal is not brought against the convic-tion, as soon as may be after the expiration of theordinary time for bringing such an appeal.

(b) Where the conviction of a person of a penalty point offenceis reversed on appeal, it shall not be necessary to notifythe Minister of the conviction.

(c) Upon the receipt by the Minister of a notification underparagraph (a), the Minister shall, subject to subsections(3), (7) and (8), cause the appropriate number of penaltypoints to be endorsed on the entry concerned.

(7) If an entry in relation to a person does not exist at a timewhen, if there were such an entry, penalty points would fall to beendorsed on it, pursuant to subsection (5) or (6)(c), and, sub-sequently, such an entry is made, thereupon, the points shall be soendorsed.

(8) Where, upon conviction of a person of a penalty point offence,an ancillary disqualification order is made in respect of the person,penalty points in respect of the offence shall not be endorsed on theentry of the person.

(9) The particulars stated in column (3) of the First Schedule areinserted solely to facilitate reference to and identification of the pro-visions specified in column (2) of that Schedule and, accordingly,nothing contained in the said column (3) shall affect the constructionor limit or control the operation of this section or that Schedule.

3.—(1) When penalty points are endorsed on the entry of a personand, in consequence, the total number of penalty points standing soendorsed equals or exceeds 12, the person shall stand disqualified fora period of 6 months beginning on the appropriate date for holding alicence and a licence held by him or her at the beginning of theperiod shall stand suspended correspondingly.

5

Disqualification byreason of penaltypoints.


Period ofendorsement ofpenalty points.

Notification tolicence holder ofendorsement ofpenalty points.

6

(2) At the end of a period of disqualification pursuant to subsec-tion (1), the Minister—

(a) shall cause to be removed from the entry concerned penaltypoints standing endorsed on it on the date of the noticeunder section 5 relating to the disqualification, and

(b) shall cause a notice to be given or sent, by post or otherwise,to the person to whom the entry relates—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty pointsthe subject of the removal.

4.—Penalty points endorsed on the entry of a person shall, subjectto section 3(2), remain on the entry for a period of 3 years beginningon the appropriate date, and the Minister shall—

(a) cause the penalty points to be removed from the entry atthe end of that period, and

(b) cause a notice to be given or sent, by post or otherwise, tothe person—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty pointsthe subject of the removal.

5.—(1) When penalty points are endorsed on the entry of a per-son, the Minister shall, as soon as may be thereafter, cause a noticeto be given or sent, by post or otherwise, to the person—

(a) to the effect that the number of penalty points specified inthe notice has been endorsed on the entry relating to theperson following—

(i) the making by the person of a payment referred to insection 2(1), or

(ii) the conviction of the person of a penalty pointoffence,

and that, subject to section 3(2), they will remain on theentry for a period of 3 years beginning on the appropriatedate, and

(b) specifying the total number of penalty points that, followingthe endorsement aforesaid, stand so endorsed and, if thatnumber equals or exceeds 12, specifying that the personwill be disqualified under section 3 for holding a licencefor a period of 6 months beginning on the appropriatedate and directing him or her to submit the licence heldby him or her to the licensing authority that granted thelicence not later than 14 days from that date.

(2) When a notice is given or sent to a person under subsection(1), the Minister shall cause particulars of the notice, including itsdate, to be entered on the entry relating to the person.

[2002.] Road Traffic Act, 2002. [No. 12.]S.5(3) A person who does not comply with a direction under para-

graph (b) of subsection (1) in a notice under that subsection shall beguilty of an offence.

6.—Where, during the period of 3 years for which penalty pointsstand endorsed on the entry of a person or the period of 6 months forwhich a person stands disqualified pursuant to section 3 for holding alicence, the person—

(a) becomes disqualified pursuant to Part III of the PrincipalAct or section 9 for holding a licence, 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 3 years or part of theperiod of 6 months, and the date of the ending of the two latterperiods shall be determined accordingly.

7.—(1) In this Act, subject to the provisions of this section, theappropriate date, in relation to penalty points, is the date that is 28days from the date of the notice under section 5 relating to the pen-alty points; and, for the purposes of the application of this section tosection 3(1), the notice under section 5 is that relating to the penaltypoints concerned that are the latest to be endorsed on an entrybefore a disqualification occurs under section 3(1) of the person towhom the entry relates.

(2) Where, but for this subsection, the appropriate date would fallon a day in a period when the person concerned stands disqualifiedpursuant to Part III of the Principal Act or section 3 or 9 for holdinga licence, or is otherwise not the holder of a licence, the appropriatedate shall fall on the day immediately after the end of the periodaforesaid or, as the case may be, the day on which the personbecomes such a holder.

(3) If a court enlarges the time for instituting an appeal against aconviction for a penalty point offence, it may, if it thinks it is appro-priate and in the interests of justice to do so, by order provide that,in relation to the penalty points concerned—

(a) (i) the period of 6 months specified in section 3, or

(ii) the period of 3 years specified in section 4,

or both such periods shall begin on such date or dates otherthan that or those specified in subsection (1) as may bestated in the order, or

(b) such a period shall consist of 2 discontinuous periods statedin the order or each such period shall consist of 2 discon-tinuous periods so stated.

(4) Where an order is made under subsection (3), the appropriateclerk or court registrar or such other member of the staff of theCourts Service as that Service may designate shall notify the Ministerof the order.

7

Interruption ofperiod ofendorsement ofpenalty points ordisqualificationsunder section 3.

The appropriatedate.


Endorsement ofcertain convictionsand disqualificationson entries.

8

(5) In relation to a case in which an order is made under subsec-tion (3), subsections (1) and (2), as may be appropriate, shall be con-strued in accordance with the order.

(6) (a) In any proceedings, a certificate signed by an officer of theMinister authorised by the Minister in that behalf andstating—

(i) that he or she has examined the entry relating to aperson,

(ii) that a penalty point was endorsed on the entry on aspecified date, and

(iii) the date of the notice under section 5 relating to thepenalty point,

shall be admissible as evidence of those facts.

(b) A document purporting to be a certificate under paragraph(a) shall be deemed to be such a certificate, and to havebeen signed by the person purporting to have signed itand to have been so signed in accordance with an author-isation under paragraph (a), unless the contrary is shown.

8.—For the purpose of enabling the convictions and the disqualifi-cation orders referred to in subsections (3) and (4) of section 36 ofthe Principal Act to be endorsed on the entries of those concernedin lieu of being endorsed on the licences held by them, the followingamendments of the said section 36 are made as respects such convic-tions occurring, and such orders made, after the commencement ofthis section—

(a) the references in those subsections to an order directing par-ticulars of a conviction or of a disqualification order tobe endorsed on the licence held by a person or, if theperson is not the holder of a licence but subsequently alicence is granted to him or her, on that licence are con-strued as references to an order directing that those par-ticulars be endorsed on the entry then existing or sub-sequently made in relation to the person, and

(b) the following subsections are added to the said section 36:

‘‘(6) In the cases referred to in subsections (3) and(4) of this section, the Minister shall cause the par-ticulars referred to in those subsections to beendorsed on the appropriate entries.

(7) Where a disqualification referred to in section29 of this Act is removed under that section or theperiod of a disqualification referred to in subsection(3) or (4) of this section expires (being in each case adisqualification to which an order relates that standsendorsed on an entry), the Minister shall cause theendorsement and any endorsement relating to therelevant conviction (if any) to be removed from theentry concerned.

(8) The appropriate court registrar or court clerkor such other member of the staff of the Courts Ser-vice as that Service may designate shall notify the

[2002.] Road Traffic Act, 2002. [No. 12.]S.8Minister of an order under subsection (3) or (4) of

this section, of the suspension or postponementunder the said subsection (3) or (4) of such an orderand of an order under section 29 of this Act remov-ing a disqualification referred to in that section.

(9) In this section, ‘entry’ has the meaningassigned to it by the Road Traffic Act, 2002.’’.

9.—(1) Where—

(a) by reason of the commission, after the entry into force ofthe Convention, of a specified offence in another Mem-ber State (‘‘the State of the offence’’) by a person who isnormally resident in the State, a driving disqualificationis imposed on the person for any period in the State ofthe offence, and

(b) a competent authority of the State of the offence notifiesthe Minister in writing in accordance with Article 3 of theConvention of the disqualification and transmits to theMinister—

(i) the documents specified in paragraph 1 of Article 8of the Convention, duly certified, where so requiredby the Convention, and accompanied by a trans-lation in the English language of the notification andthe documents aforesaid,

(ii) documents containing the details and informationspecified in the paragraph aforesaid, and

(iii) where appropriate, pursuant to the Convention, theevidence referred to in paragraph 2 of that Articleand the supplementary information referred to inparagraph 3 thereof,

the Minister shall transmit the notification and the other documentsreferred to in paragraph (b) to the licensing authority that granted,or to which it would fall to grant, a licence to the person.

(2) On application to the appropriate judge in that behalf by alicensing authority that has received a notification under subsection(1) and the other documents and, where appropriate pursuant tothe Convention, the evidence and information referred to in thatsubsection, the judge shall, on being satisfied as to the matters speci-fied in paragraphs (a) and (b) of subsection (1) and subject to theprovisions of this section, make an order declaring the person towhom the notification relates to be disqualified for holding a licencefor the period referred to in subsection (1)(a) beginning on such dayas may be specified in the order.

(3) (a) In proceedings under subsection (2) a certificate signed byan officer of the Minister authorised in that behalf by theMinister and stating that a document identified by andattached to the certificate—

(i) is the notification referred to in Article 3 of the Con-vention of the driving disqualification concerned ora document referred to, or a document containingthe details, evidence or supplementary informationreferred to, in Article 8 of the Convention, and

9

Disqualificationpursuant toEuropeanConvention onDrivingDisqualifications.


10

(ii) was received by the Minister from a competent auth-ority of the State of the offence concerned in accord-ance with the said Article 8,

shall be admissible as evidence of, as the case may be,the notification aforesaid or the document so referred toor the details, evidence or supplementary information soreferred to.

(b) A document purporting to be a certificate under paragraph(a) shall be deemed to be such a certificate and to havebeen signed by the person purporting to have signed itand to have been so signed in accordance with an author-isation of the Minister until the contrary is shown.

(4) The period of disqualification for holding a licence to which aperson is subjected pursuant to subsection (2) shall not exceed themaximum period of disqualification for holding a licence which couldbe ordered by a court following conviction in the State for an offenceconsisting of the conduct to which the specified offence concernedrelates.

(5) So much of a period of disqualification referred to in subsec-tion (1) as has been served in the State of the offence shall bededucted from any period of disqualification under subsection (2).

(6) An order shall not be made under subsection (2)—

(a) if the person concerned has been disqualified under Part IIIof the Principal Act or this Act for holding a licence inrespect of the conduct constituting the specified offenceto which the application under subsection (2) relates andthe period of the disqualification is current or hasexpired,

(b) if the person concerned would have benefited from a gen-eral pardon or amnesty if the conduct aforesaid hasoccurred in the State,

(c) if the period of time between the commission of the speci-fied offence concerned and the institution of the pro-ceedings in respect of it that led to the disqualificationreferred to in subsection (1) was longer than the periodwithin which proceedings in respect of the conduct afore-said would be required by law to be instituted in theState, or

(d) if, in the circumstances of the case and having consideredany information and evidence referred to in Article 8 ofthe Convention, the appropriate judge considers that theperson concerned did not have an adequate opportunityto defend himself or herself in the proceedings aforesaid.

(7) The appropriate judge may refuse to make an order undersubsection (2) if—

(a) the conduct for which the disqualification referred to in sub-section (1) was imposed—

(i) does not constitute an offence under the law of theState, or

[2002.] Road Traffic Act, 2002. [No. 12.]S.9(ii) does not constitute an offence under the law of the

State for which disqualification for holding a licencemay be ordered by a court,

or

(b) a period of less than one month of the disqualificationreferred to in subsection (1) remains unexpired on thedate on which the order falls to be made or the disqualifi-cation is for a period of less than one month.

(8) When the appropriate judge makes or refuses to make anorder under subsection (2), the clerk of the District Court concernedor such other member of the staff of the Courts Service as that Ser-vice may designate shall notify the Minister of such making orrefusal, and the Minister shall cause the central authority of the Stateof the offence to be notified thereof.

(9) Where, by reason of the commission, after the entry into forceof the Convention, of a specified offence in the State by a personwho is normally resident in another Member State (‘‘the State ofresidence’’), a driving disqualification is imposed in the State on theperson—

(a) the registrar or clerk of the court concerned or such othermember of the staff of the Courts Service as that Servicemay designate shall notify the Minister of the disqualifi-cation as soon as may be and shall comply with anyrequest of the Minister to that Service for further detailsor information relating to the person, the offence, thedisqualification or otherwise required for the purposes ofthe Convention,

(b) upon receipt by the Minister of the notification under para-graph (a) the Minister shall, subject to paragraph (d),without delay notify the central authority of the State ofresidence of the disqualification,

(c) the Minister shall—

(i) ensure that Article 8 of the Convention is compliedwith in relation to the notification and may do, orcause to be done, all things necessary for that pur-pose, including the translation (if required pursuantto Article 9.2 of the Convention), certification andattestation of any document,

(ii) if necessary, request the Courts Service to providesuch further details or information as he or she con-siders necessary for the purposes of his or her func-tions under this subsection and the Convention, and

(iii) without delay notify the central authority aforesaid ofany such details or information,

and

(d) the Minister shall not be obliged to comply with paragraphs(b) and (c) if—

(i) the case is one to which an agreement under Article3.2 of the Convention between the State and theState of residence applies and the agreement is inforce, or

11


Obligation toprovide preliminarybreath specimen.

12

(ii) the circumstances of the case fall within subparagraph(a), (b) or (c) of paragraph 2 of Article 6 of the Con-vention and the State of residence has made a declar-ation under paragraph 3 of that Article that it willalways apply that subparagraph and the declarationis in force.

(10) The Minister shall be the competent authority and the centralauthority for the purposes of the Convention.

(11) Judicial notice shall be taken of the Convention.

(12) (a) In this section—

‘‘appropriate judge’’ means the judge of the DistrictCourt for the time being assigned to the District CourtDistrict where the person the subject of the applicationconcerned under subsection (2) ordinarily resides or car-ries on any profession, business or occupation;

‘‘the Convention’’ means the Convention drawn up onthe basis of Article K.3 of the Treaty on European Unionon Driving Disqualifications done at Brussels on the 17thday of June, 1998, the text of which, in the English langu-age is, for convenience of reference set out in the SecondSchedule;

‘‘Member State’’ means a state that is a member of theEuropean Union;

‘‘specified offence’’ means an offence arising from con-duct referred to in the Annex to the Convention.

(b) A word or expression that is used in this section and is alsoused in the Convention has in this section, unless the con-text otherwise requires, the same meaning as it has in theConvention.

10.—The following section is substituted for section 12 of the Actof 1994:

‘‘12.—(1) This section applies to a person in charge of avehicle in a public place—

(a) at a time when the vehicle is involved in an accident, or

(b) who, in the opinion of a member of the Garda Sıoch-ana, has consumed intoxicating liquor, or

(c) who, in the opinion of a member of the Garda Sıoch-ana, is committing or has committed an offenceunder the Road Traffic Acts, 1961 to 2002 (otherthan sections 49, 50 and 51 of the Principal Act andsections 12 to 15).

(2) A member of the Garda Sıochana may require a personto whom this section applies—

(a) to provide, by exhaling into an apparatus for indicatingthe presence of alcohol in the breath, a specimen ofhis or her breath and may indicate the manner inwhich he or she is to comply with the requirement,

[2002.] Road Traffic Act, 2002. [No. 12.]S.10(b) to accompany him or her to a place (including a

vehicle) at or in the vicinity of the public place con-cerned and there require the person to provide, byexhaling into such an apparatus, a specimen of his orher breath and may indicate the manner in which theperson is to comply with the requirement, or

(c) where the member does not have such an apparatuswith him or her, to remain at that place in his or herpresence or in the presence of another member ofthe Garda Sıochana until such an apparatus becomesavailable to him or her (but the member shall notrequire the person to so remain for more than onehour) and the member may then require the personto provide, by exhaling into such an apparatus, aspecimen of his or her breath and may indicate themanner in which he or she is to comply with therequirement.

(3) A person who refuses or fails to comply forthwith with arequirement under this section, or to comply forthwith with sucha requirement in a manner indicated by a member of the GardaSıochana, shall be guilty of an offence and shall be liable onsummary conviction to a fine not exceeding \2,500 or imprison-ment for a term not exceeding 6 months or both.

(4) A member of the Garda Sıochana may arrest without war-rant a person who in the member’s opinion is committing or hascommitted an offence under this section.

(5) In a prosecution for an offence under this Part or undersection 49 or 50 of the Principal Act, it shall be presumed, untilthe contrary is shown, that an apparatus provided by a memberof the Garda Sıochana for the purpose of enabling a person toprovide a specimen of breath pursuant to this section is anapparatus for indicating the presence of alcohol in the breath.’’.

11.—(1) The following section is substituted for section 103 of thePrincipal Act:

‘‘103.—(1) This section applies to such summary offencesunder the Road Traffic Acts, 1961 to 2002, and the Roads Act,1993, as may be declared by the Minister by regulations, madeafter consultation with the Minister for Justice, Equality andLaw Reform, to be fixed charge offences and an offence stand-ing so declared is referred to in this section as a fixed chargeoffence.

(2) Where a member of the Garda Sıochana has reasonablegrounds for believing that a fixed charge offence is being or hasbeen committed by a person—

(a) if the member identifies the person, the member shallserve, or cause to be served, personally or by post,on the person a notice under this section,

(b) if the member does not identify the person and theoffence involves the use of a mechanically propelledvehicle, the member shall serve, or cause to beserved, personally or by post, on the registeredowner of the vehicle a notice under this section.

13

Fixed chargeoffences.


14

(3) In a case referred to in subsection (2) of this section, ifthe offence concerned is not a penalty point offence (within themeaning of the Road Traffic Act, 2002)—

(a) the references in that subsection to a member of theGarda Sıochana shall be construed as including ref-erences to a traffic warden, and

(b) paragraph (b) of that subsection shall be construed asif ‘or shall affix such a notice to the vehicle’ wereinserted after ‘notice under this section’.

(4) Where—

(a) a notice under this section is served on the registeredowner of a mechanically propelled vehicle or affixedto such a vehicle, and

(b) the registered owner of the vehicle was not driving orotherwise using the vehicle at the time of the com-mission of the alleged offence to which the noticerelates,

the registered owner shall—

(i) not later than 28 days after the date of the notice giveor send to a member of the Garda Sıochana or atraffic warden at the Garda Sıochana station or otherplace specified in the notice a document in the pre-scribed form signed by the registered owner and stat-ing the name and address of the person who wasdriving or otherwise using the vehicle at the time ofsuch commission, and

(ii) give or send to a member of the Garda Sıochana or atraffic warden within such period as may be specifiedby the member or warden at the Garda Sıochanastation or other place aforesaid such other infor-mation within his or her knowledge or procurementas the member or warden may reasonably requestfor the purpose of identifying, and establishing thewhereabouts of, the person referred to in subpara-graph (i) of this paragraph.

(5) The Commissioner shall, not later than 28 days after adocument referred to in subsection (4) of this section containingthe name and address of the person who was driving or other-wise using the vehicle concerned at the time of the commissionof the alleged offence concerned is given or sent to a memberof the Garda Sıochana or a traffic warden, cause a notice underthis section to be served, personally or by post, on the person.

(6) A notice under this section shall be in the prescribed formand, if it relates to a penalty point offence (within the meaningof the Road Traffic Act, 2002) shall contain a statement to theeffect that, if the person on whom it is served makes a paymentspecified in paragraph (b) or (c) of subsection (7) or, as the casemay be, subsection (8) of this section in accordance with thoseprovisions or is convicted of the offence aforesaid, differentspecified numbers of penalty points (within the meaningaforesaid) will be endorsed on the entry (within the meaningaforesaid) of the person.

[2002.] Road Traffic Act, 2002. [No. 12.]S.11(7) If a notice is served pursuant to subsection (2)(a) or (5)

of this section, it shall, without prejudice to the generality ofsubsection (6) of this section, contain a statement to the effectthat—

(a) the person on whom it is served is alleged to have com-mitted an offence specified in the notice,

(b) the person may, during the period of 28 days beginningon the date of the notice, make to a member of theGarda Sıochana or a traffic warden at a specifiedGarda Sıochana station or at another specified placea payment of a fixed charge of a prescribed amountaccompanied by the notice, duly completed,

(c) if the person does not make the payment specified inparagraph (b) of this subsection, during the periodso specified, accompanied by the notice, duly com-pleted, the person may, during the period of 28 daysbeginning on the expiration of that period, make toa member of the Garda Sıochana or a traffic wardenat a specified Garda Sıochana station or at anotherspecified place a payment of a fixed charge of anamount 50 per cent. greater than the prescribedamount referred to in paragraph (b) of this subsec-tion accompanied by the notice, duly completed, and

(d) a prosecution in respect of the alleged offence will notbe instituted during the periods specified in thenotice or, if a payment so specified accompanied bythe notice, duly completed, is made during theappropriate period so specified in relation to thepayment, at all.

(8) If a notice is served or affixed to a mechanically propelledvehicle pursuant to subsection (2)(b) of this section, it shall,without prejudice to the generality of subsection (6) of thissection, contain a statement to the effect that—

(a) an offence specified in the notice is alleged to havebeen committed,

(b) a person liable to be prosecuted for the offence mayduring the period of 28 days beginning on the dateof the notice, make to a member of the Garda Sıoch-ana or a traffic warden at a specified Garda Sıochanastation or at another specified place a payment of afixed charge of a prescribed amount accompanied bythe notice, duly completed,

(c) if a person such as aforesaid does not make the pay-ment specified in paragraph (b) of this subsectionduring the period so specified accompanied by thenotice, duly completed, the person may, during theperiod of 28 days beginning on the expiration of theperiod specified in that paragraph, make to a mem-ber of the Garda Sıochana or a traffic warden at aspecified Garda Sıochana station or at another speci-fied place a payment of a fixed charge of an amount50 per cent. greater than the prescribed amountreferred to in paragraph (b) of this sectionaccompanied by the notice, duly completed,

15


16

(d) if the registered owner of the vehicle concerned wasnot driving or otherwise using the vehicle at the timeof the commission of the alleged offence concerned,he or she is required by subsection (4) of thissection—

(i) not later than 28 days after the date of the notice,to give or send to a member of the Garda Sıoch-ana or a traffic warden at a specified GardaSıochana station or at another specified place adocument in the prescribed form signed by theregistered owner and stating the name andaddress of the person who was driving or other-wise using the vehicle at the time of such com-mission, and

(ii) to give or send to a member of the Garda Sıoch-ana or a traffic warden within such period asmay be specified by him or her at a specifiedGarda Sıochana station or another specifiedplace such other information within his or herknowledge or procurement as the member orwarden may reasonably request for the purposeof identifying, and establishing the whereaboutsof, the person referred to in subparagraph (i) ofthis paragraph,

(e) a prosecution in respect of the alleged offence will notbe initiated during the periods specified in the noticepursuant to paragraphs (b) and (c) of this subsectionor, if a payment specified in the notice accompaniedby the notice, duly completed, is made during theappropriate period so specified in relation to thepayment, at all,

(f) if a payment aforesaid accompanied by the notice, dulycompleted, is made during the appropriate periodaforesaid, the registered owner need not comply withsubsection (4) of this section,

(g) if the registered owner complies with the said subsec-tion (4), a payment aforesaid need not be made bythe registered owner and a prosecution of him or herin respect of the alleged offence will not be initiated,and

(h) subject to paragraph (f) of this subsection, failure tocomply with the said subsection (4) is an offenceupon conviction of which the registered owner isliable to a fine not exceeding \800.

(9) Where a notice is served or affixed under subsection (2)of this section or served under subsection (5) of this section—

(a) a person or the person to whom the notice applies may,during the period specified in the notice, make to amember of the Garda Sıochana or a traffic wardenat the Garda Sıochana station or other place speci-fied in the notice a payment specified in the noticeat the appropriate time so specified in relation to thepayment accompanied by the notice, duly completed,

[2002.] Road Traffic Act, 2002. [No. 12.]S.11(b) the member or warden may receive the payment, issue

a receipt therefor and retain it for disposal in accord-ance with the Road Traffic Acts, 1961 to 2002, andno payment so received shall in any circumstancesbe recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence to whichthe notice relates shall not be instituted during theperiods specified in the notice or, if a payment sospecified is made during the period so specifiedaccompanied by the notice, duly completed, inrelation to the payment, at all,

(d) in case the notice is served or affixed pursuant to para-graph (b) of the said subsection (2) and a paymentaforesaid accompanied by the notice, duly com-pleted, is so made, the registered owner need notcomply with subsection (4) of this section, and

(e) if the registered owner complies with the said subsec-tion (4), the payment aforesaid need not be made bythe registered owner and a prosecution of the regis-tered owner in respect of the alleged offence afore-said shall not be initiated.

(10) In a prosecution for a fixed charge offence, it shall bepresumed, until the contrary is shown that a payment pursuantto the relevant notice under this section accompanied by thenotice, duly completed, has not been made.

(11) Where, in a case to which subsection (2)(b) of thissection applies, the registered owner of the mechanically pro-pelled vehicle concerned does not furnish in accordance withsubsection (4) of this section the information specified in para-graph (i) of that subsection, then, in a prosecution of that ownerfor the alleged offence to which the notice under the said subsec-tion (2)(b) relates, it shall be presumed, until the contrary isshown that he or she was driving or otherwise using the vehicleat the time of the commission of the said alleged offence.

(12) A notice which is affixed to a mechanically propelledvehicle under subsection (2) of this section shall not be removedor interfered with except by a person to whom the noticeapplies.

(13) A person who contravenes subsection (4) of this sectionshall, subject to subsection (9)(d) of this section, be guilty of anoffence and a person who contravenes subsection (12) of thissection shall be guilty of an offence.

(14) It shall be a defence for a person charged with an offenceunder subsection (13) of this section consisting of a contra-vention of subsection (4) of this section for the person to showthat the information concerned was not within his or her know-ledge or procurement and that he or she had taken all reason-able steps to obtain the information.

(15) In a prosecution for an offence under subsection (13) ofthis section consisting of a contravention of subsection (4) ofthis section, it shall be presumed, until the contrary is shown,that the accused person received the notice under this section towhich the offence relates.

17


18

(16) In a prosecution of a person for—

(a) the alleged offence to which a notice under this section,served on the registered owner of a mechanicallypropelled vehicle, relates, or

(b) an offence under subsection (17) of this section,

a document, purporting to be a document under subsection (4)of this section stating the name and address of the person whowas driving or otherwise using the vehicle at the time of thecommission of the alleged offence referred to in paragraph (a)of this subsection and to be signed by that registered owner,given or sent under paragraph (i) of that subsection by thatowner to a member of the Garda Sıochana or a traffic wardenshall, until the contrary is shown, be deemed to be such a docu-ment and to be so signed and, in case the prosecution is for theoffence referred to in paragraph (a) of this subsection, shall beadmissible as evidence, until the contrary is shown, of the factsstated in it.

(17) A person who, pursuant to subsection (4) of this section,gives or sends to a member of the Garda Sıochana or a trafficwarden information (whether or not contained in a document)that is, to his or her knowledge, false or misleading shall beguilty of an offence.

(18) Notwithstanding the provisions of section 10(4) of thePetty Sessions (Ireland) Act, 1851, summary proceedings for anoffence under subsection (13) of this section consisting of a con-travention of subsection (4) of this section may be brought atany time within 2 years from the date on which the offence wascommitted.

(19) (a) The Minister may authorise in writing such and somany persons as he or she may determine to per-form the functions conferred on traffic wardens bythis section; and a person so authorised shall, whenperforming any such function, if so requested,produce to the person who made the request theauthorisation of the Minister under this section ora copy of it.

(b) The Minister may revoke an authorisation under thissubsection.

(c) The number of persons standing authorised underthis subsection and their remuneration and otherconditions of service shall be such as may be deter-mined by the Minister with the consent of theMinister for Finance.

(d) Neither the Civil Service Commissioners Act, 1956,nor the Civil Service Regulation Act, 1956, shallapply to the position of traffic warden.

(e) In this subsection, ‘the Minister’ means the Ministerfor Justice, Equality and Law Reform.

(20) Where a traffic warden has reasonable grounds forbelieving that a person is committing or has committed a fixedcharge offence, the traffic warden may request of the person hisor her name and address and, if the person does not comply

[2002.] Road Traffic Act, 2002. [No. 12.]S.11with the request or gives a name or address that is false or mis-

leading, he or she shall be guilty of an offence.

(21) The Minister may make regulations for enabling thissection to have full effect and any such regulations in relationto fixed charges referred to in subsection (7) of this section mayspecify different amounts in relation to different fixed chargeoffences and to such offences involving different classes ofvehicles and to such offences committed in different areas.

(22) (a) In this section ‘traffic warden’ means a person stand-ing authorised under subsection (19) of thissection.

(b) In this section, references to a notice under thissection, duly completed, are references to such anotice on which the number, the date of the grant,and the period of validity, of the driving licence ofthe person to whom the notice relates have beeninserted by or on behalf of the person.’’.

(2) (a) Regulations under section 103 of the Principal Act in forceimmediately before the commencement of this sectionshall continue in force after such commencement as ifmade under section 103 (as inserted by this Act) of thePrincipal Act and may be amended or revokedaccordingly.

(b) A person who, immediately before such commencement,stands appointed under section 103 of the Principal Actas an authorised person shall, upon such commencement,be deemed to be a traffic warden standing authorisedunder subsection (19) of section 103 (as inserted by thisAct) of the Principal Act.’’.

12.—(1) The following section is substituted for section 3 of theAct of 1975:

‘‘3.—(1) (a) This section applies to such of the offences speci-fied in paragraph (b) as may be declared by theMinister by regulations made after consultationwith the Minister for Justice, Equality and LawReform to be fixed charge offences and anoffence standing so declared is referred to in thissection as a fixed charge offence.

(b) The offences referred to in paragraph (a) of thissection are:

(i) an offence under the Road Traffic Acts, 1961to 2002, relating to the prohibition orrestriction of the stopping or parking ofmechanically propelled vehicles,

(ii) the offence under section 18 of the PrincipalAct of contravening article 5 (prohibitionof use of vehicles not displaying valid testdisc) of the Road Traffic (National CarTest) Regulations, 1999 (S.I. No. 395 of1999),

19

Amendment of Actof 1975.


20

(iii) an offence under section 73 of the FinanceAct, 1976,

(iv) the offence under section 13 of the RoadsAct, 1920, of using a vehicle for which alicence under the Finance (Excise Duties)(Vehicles) Act, 1952, is not in force,

(v) the offence under regulations under theRoads Act, 1920, of not fixing to and exhib-iting on a vehicle in the manner prescribedby those regulations of a licence in respectof the vehicle for the time being in forcetaken out under the Finance (ExciseDuties) (Vehicles) Act, 1952.

(2) Where a traffic warden has reasonable grounds for believ-ing that a fixed charge offence is being or has been committedby a person—

(a) if the warden identifies the person, the warden shallserve, or cause to be served, personally or by post,on the person a notice under this section,

(b) if the warden does not identify the person and theoffence involves the use of a mechanically propelledvehicle, the warden shall serve, or cause to be served,personally or by post, on the registered owner of thevehicle a notice under this section or shall affix sucha notice to the vehicle.

(3) Where—

(a) a notice under this section is served on the registeredowner of a mechanically propelled vehicle or affixedto such a vehicle, and

(b) the registered owner of the vehicle was not driving orotherwise using the vehicle at the time of the com-mission of the alleged offence to which the noticerelates,

the registered owner shall—

(i) not later than 28 days after the date of the notice giveor send to a traffic warden at a place specified in thenotice a document in the prescribed form signed bythe registered owner and stating the name andaddress of the person who was driving or otherwiseusing the vehicle at the time of such commission, and

(ii) give or send to a traffic warden within such period asmay be specified by the warden at the place afore-said such other information within his or her know-ledge or procurement as the warden may reasonablyrequest for the purpose of identifying, and estab-lishing the whereabouts of the person referred to insubparagraph (i) of this paragraph.

(4) Where a document referred to in subsection (3) of thissection containing the name and address of the person who wasdriving or otherwise using the vehicle concerned at the time ofthe commission of the alleged offence concerned is given or sent

[2002.] Road Traffic Act, 2002. [No. 12.]S.12to a traffic warden employed by a local authority, the authority

shall, not later than 28 days thereafter, cause a notice under thissection to be served, personally or by post, on the person.

(5) A notice under this section shall be in the prescribedform.

(6) If a notice is served pursuant to subsection (2)(a) or (4)of this section, it shall, without prejudice to subsection (5) ofthis section, contain a statement to the effect that—

(a) the person on whom it is served is alleged to have com-mitted an offence specified in the notice,

(b) the person may, during the period of 28 days beginningon the date of the notice, make to the local authorityspecified in the notice at a place so specified a pay-ment of a fixed charge of a prescribed amountaccompanied by the notice, duly completed,

(c) if the person does not make the payment specified inparagraph (b) of this subsection during the period sospecified accompanied by the notice, duly com-pleted, the person may, during the period of 28 daysbeginning on the expiration of that period, make tothe local authority aforesaid at the place aforesaid apayment of a fixed charge of an amount 50 per cent.greater than the prescribed amount referred to inparagraph (b) of this subsection accompanied by thenotice, duly completed, and

(d) a prosecution in respect of the alleged offence will notbe instituted during the periods specified in thenotice or, if a payment so specified accompanied bythe notice, duly completed, is made during theappropriate period so specified in relation to thepayment, at all.

(7) If a notice is served or affixed to a mechanically propelledvehicle pursuant to subsection (2)(b) of this section, it shall,without prejudice to the generality of subsection (5) of thissection, contain a statement to the effect that—

(a) an offence specified in the notice is alleged to havebeen committed,

(b) a person liable to be prosecuted for the offence may,during the period of 28 days beginning on the dateof the notice, make to a local authority specified inthe notice at the place so specified a payment of afixed charge of a prescribed amount accompanied bythe notice, duly completed,

(c) if a person such as aforesaid does not make the pay-ment specified in paragraph (b) of this subsectionduring the period so specified accompanied by thenotice, duly completed, the person may, during theperiod of 28 days beginning on the expiration of theperiod specified in that subparagraph, make to thelocal authority aforesaid at the place aforesaid a pay-ment of a fixed charge of an amount 50 per cent.greater than the prescribed amount referred to in

21


22

paragraph (b) of this subsection accompanied by thenotice, duly completed,

(d) if the registered owner of the vehicle concerned wasnot driving or otherwise using the vehicle at the timeof the commission of the alleged offence concerned,he or she is required by subsection (3) of thissection—

(i) not later than 28 days after the date of the noticeto give or send to the local authority specifiedin the notice at the place so specified a docu-ment in the prescribed form signed by the regis-tered owner and stating the name and addressof the person who was driving or otherwiseusing the vehicle at the time of such commission,and

(ii) to give or send to the authority aforesaid at theplace aforesaid within such period as may bespecified by the authority such other infor-mation within his or her knowledge or procure-ment as the authority may reasonably requestfor the purpose of identifying, and establishingthe whereabouts, of the person referred to insubparagraph (i) of this paragraph,

(e) a prosecution in respect of the alleged offence will notbe initiated during the periods specified in the noticepursuant to paragraphs (b) and (c) of this subsectionor, if a payment specified in the notice accompaniedby the notice, duly completed, is made during theappropriate period so specified in relation to thepayment, at all,

(f) if a payment aforesaid accompanied by the notice, dulycompleted, is made during the appropriate periodaforesaid, the registered owner need not comply withsubsection (3) of this section,

(g) if the registered owner complies with the said subsec-tion (3), a payment aforesaid need not be made bythe registered owner and a prosecution of him or herin respect of the alleged offence will not be initiated,and

(h) subject to paragraph (f) of this subsection, failure tocomply with the said subsection (3) is an offenceupon conviction of which the registered owner isliable to a fine not exceeding \800.

(8) Where a notice is served or affixed under subsection (2)of this section or served under subsection (4) of this section—

(a) a person or the person to whom the notice applies may,during the period specified in the notice, make to thelocal authority so specified at the place so specifieda payment so specified at the appropriate time sospecified in relation to the payment accompanied bythe notice, duly completed,

[2002.] Road Traffic Act, 2002. [No. 12.]S.12(b) the local authority may receive the payment, issue a

receipt therefor and retain it for disposal in accord-ance with regulations under this Act and no paymentso received shall in any circumstances be recoverableby the person who made it,

(c) a prosecution in respect of the alleged offence to whichthe notice relates shall not be instituted during theperiods specified in the notice or, if a payment sospecified accompanied by the notice, duly com-pleted, is made during the period so specified inrelation to the payment, at all,

(d) in case the notice is served or affixed pursuant to para-graph (b) of the said subsection (2) and a paymentaforesaid accompanied by the notice, duly com-pleted, is so made, the registered owner need notcomply with subsection (3) of this section, and

(e) if the registered owner complies with the said subsec-tion (3), the payment aforesaid need not be made bythe registered owner and a prosecution of him or herin respect of the offence shall not be initiated.

(9) In a prosecution for a fixed charge offence, it shall bepresumed, until the contrary is shown, that a payment pursuantto the relevant notice under this section accompanied by thenotice, duly completed, has not been made.

(10) Where, in a case to which subsection (2)(b) of thissection applies, the registered owner of the mechanically pro-pelled vehicle concerned does not furnish in accordance withsubsection (3) of this section the information specified in para-graph (i) of that subsection, then, in a prosecution of that ownerfor the alleged offence to which the notice under the said subsec-tion (2)(b) relates, it shall be presumed, until the contrary isshown, that he or she was driving or otherwise using the vehicleat the time of the commission of the alleged offence.

(11) A notice which is affixed to a mechanically propelledvehicle under subsection (2) of this section shall not be removedor interfered with except by a person to whom the noticeapplies.

(12) A person who contravenes subsection (3) of this sectionshall, subject to subsection (8)(d) of this section, be guilty of anoffence and shall be liable on summary conviction to a fine notexceeding \800, and a person who contravenes subsection (11)of this section shall be guilty of an offence and shall be liableon summary conviction to a fine not exceeding \800.

(13) It shall be a defence for a person charged with an offenceunder subsection (12) of this section consisting of a contra-vention of subsection (3) of this section for the person to showthat the information concerned was not within his or her know-ledge or procurement and that he or she had taken all reason-able steps to obtain the information.

(14) In a prosecution for an offence under subsection (12) ofthis section consisting of a contravention of subsection (3) ofthis section, it shall be presumed, until the contrary is shown,that the accused person received the notice under this section towhich the offence relates.

23


Protection ofenvironment.

24

(15) In a prosecution of a person for—

(a) the alleged offence to which a notice under this section,served on the registered owner of a mechanicallypropelled vehicle, relates, or

(b) an offence under subsection (16) of this section,

a document, purporting to be a document under subsection (3)of this section stating the name and address of the person whowas driving or otherwise using the vehicle at the time of thecommission of the alleged offence referred to in paragraph (a)of this subsection and to be signed by that registered owner,given or sent under paragraph (i) of that subsection by thatowner to a traffic warden shall, until the contrary is shown, bedeemed to be such a document and to be so signed and, in casethe prosecution is for the offence referred to in paragraph (a)of this subsection, shall be admissible, until the contrary isshown, as evidence of the facts stated in it.

(16) A person who, pursuant to subsection (3) of this section,gives or sends to a traffic warden information (whether or notcontained in a document) that is, to his or her knowledge, falseor misleading shall be guilty of an offence.

(17) Notwithstanding the provisions of section 10(4) of thePetty Sessions (Ireland) Act, 1851, summary proceedings for anoffence under subsection (12) of this section consisting of a con-travention of subsection (3) of this section may be brought atany time within 2 years from the date on which the offence wascommitted.

(18) In this section, references to a notice under this section,duly completed, are references to such a notice on which thenumber, the date of the grant, and the period of validity, of thedriving licence of the person to whom the notice relates havebeen inserted by or on behalf of the person.’’.

(2) Section 2 of the Act of 1975 is amended by the substitution ofthe following for subsection (1):

‘‘(1) A local authority may, after consultation with the Com-missioner of the Garda Sıochana, make arrangements for theperformance in the functional area of the authority, of the func-tions conferred on traffic wardens by this Act by personsemployed by the authority or persons authorised in writing bythe authority to perform those functions.’’.

(3) Section 5 of the Act of 1975 is amended by the substitution of‘‘an offence under section 3(12) of this Act’’ for ‘‘an offence undersection 3(5) of this Act.’’.

(4) Regulations under section 3 of the Act of 1975 in forceimmediately before the commencement of this section shall continuein force after such commencement as if made under section 3 (asinserted by this Act) of that Act and may be amended or revokedaccordingly.

13.—(1) The Minister may, for the purposes of—

(a) the protection of the environment and the reduction or elim-ination of damage to it caused by the use of vehicles,

[2002.] Road Traffic Act, 2002. [No. 12.]S.13(b) the protection of—

(i) persons and animals from damage to health, distressand discomfort, and

(ii) other property from damage,

caused by harmful emissions and excessive noise fromvehicles, and

(c) the reduction or elimination of such emissions and noise,

make such regulations as he or she considers appropriate in relationto vehicles, emissions from, or noise of, vehicles constituting environ-mental pollution (within the meaning of the Environmental Protec-tion Agency Act, 1992) and the use of vehicles in public places.

(2) Regulations under this section may, in particular and withoutprejudice to the generality of subsection (1), make provision inrelation to all or any of the following matters:

(a) the construction of vehicles,

(b) the prohibition of the fitting to vehicles or the use thereonof specified vehicle equipment,

(c) the regulation, restriction or prohibition of the use of speci-fied fuels or additives to fuels in engines, or specifiedengines, of vehicles either generally or in specified placesor at specified times or in specified weather conditions orother specified circumstances,

(d) the carriage on vehicles on public roads or specified publicroads of specified goods or materials either generally orat specified times or in specified weather conditions orother specified circumstances,

(e) the adaptation and modification of the engines of vehicles,

(f) the restriction or prohibition of the use of vehicles in speci-fied places or localities or at specified times or in speci-fied weather conditions or other specified circumstances,

(g) the restriction, by the imposition of maximum speed limits,of the speeds at which vehicles may be driven in specifiedplaces or localities or at specified times or in specifiedweather conditions or other specified circumstances, and

(h) the prohibition of the use of vehicles on specified roads orspecified parts of specified roads.

(3) Different regulations may be made under this section fordifferent classes of vehicles.

(4) Where a vehicle does not comply with a regulation under thissection, the registered owner of the vehicle shall be guilty of anoffence.

(5) A person shall not use in a public place a vehicle that doesnot comply with a regulation under this section.

(6) A person who contravenes subsection (5) of this section or aregulation under this section shall be guilty of an offence; and where

25


Performance ofcertain functions.

26

the contravention is of the said subsection (5) and the person is notthe registered owner of the vehicle concerned, the registered ownershall also, in such cases as may be prescribed, be guilty of an offence.

(7) Where a person who contravenes subsection (4) of this sectionis not the registered owner of the vehicle concerned and such owneris charged with an offence under that subsection in relation to thematter, it shall be a defence to the charge for the owner to show thatthe use of the vehicle on the occasion in question was unauthorised.

(8) In this section—

‘‘vehicles’’ means mechanically propelled vehicles;

‘‘vehicle equipment’’ has the meaning assigned to it by section 11 ofthe Principal Act.

14.—(1) The Minister may, by an agreement in writing enteredinto with any person, upon such terms and conditions as may bespecified in the agreement, provide for the performance by that per-son, subject to such terms and conditions (if any) as may be so speci-fied, of such functions as may be so specified.

(2) An agreement under this section may, in particular and with-out prejudice to the generality of subsection (1), make provision inrelation to all or any of the following matters:

(a) the fees (if any) to be charged by the person performing afunction in pursuance of the agreement on those inrelation to whom the function is performed or on the per-son on whom the function was originally conferred,

(b) the payments (if any) to be made to the person on whomthe function was originally conferred by the person per-forming the function in pursuance of the agreement, and

(c) the disposal of any such fees and payments as aforesaid.

(3) An agreement under this section shall operate, so long as itcontinues in force, to confer and vest in the person concerned, tothe extent and subject to the terms and conditions specified in theagreement, the function so specified.

(4) A function conferred on a person by an agreement under thissection shall be performable by the person in his or her own namebut subject to the general superintendence and control of the personon whom the function was originally conferred.

(5) A function referred to in subsection (4) shall, notwithstandingthe agreement concerned, continue to be vested in the person onwhom it was originally conferred but shall be so vested concurrentlywith the person on whom it is conferred by that agreement and soas to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this sectionof a function of the Minister shall not remove or derogate from theMinister’s responsibility to Dail Eireann or as a member of theGovernment for the performance of the function.

(7) In this section ‘‘function’’ includes a power and a duty; andthe references to a function are references to a function conferred

[2002.] Road Traffic Act, 2002. [No. 12.]S.14on the Minister, a licensing authority, a local authority, a road auth-

ority or the Commissioner by, or by a statutory instrument (withinthe meaning of the Interpretation Act, 1937), under the Acts or thisAct other than a function of the Minister under this section, or apower to make, approve of, or consult in relation to, the making of,a statutory instrument (within the meaning aforesaid).


‘‘84.—(1) A local authority may make bye-laws in respect ofany specified area in its functional area (in this section referredto as ‘a taximeter area’) for all or any of the following purposes:

(a) appointing the places (in this section referred to as‘appointed stands’) in the taximeter area at whichtaxis may stand for hire,

(b) fixing the maximum number of taxis which may standfor hire at the same time at any particular appointedstand,

(c) specifying appointed stands at which taxis may standfor hire at particular times only and specifying thosetimes,

(d) determining the manner in which taxis shall make useof and stand for hire at any particular appointedstand,

(e) prohibiting taxis from standing for hire at places in thearea that are not appointed stands, and

(f) otherwise regulating and controlling the use ofappointed stands by taxis.

(2) Different bye-laws may be made under this section—

(a) in respect of different taximeter areas within the func-tional area of the local authority concerned, and

(b) in respect of other different circumstances.

(3) A taxi shall not stand for hire other than at an appointedstand in the taximeter area in which it is licensed under regu-lations under section 82 of this Act to so stand.

(4) A driver of a taxi in respect of which there is a contra-vention of subsection (3) or a bye-law under this section shallbe guilty of an offence.

(5) Any other person who contravenes a bye-law under thissection shall be guilty of an offence.

(6) Where a local authority proposes to make bye-laws underthis section, it shall—

(a) consult with the Commissioner, and

(b) publish a notice in Iris Oifigiuil and in one or morenewspapers circulating in the taximeter area towhich the proposed bye-laws will relate stating—

27

Bye-laws in relationto stands for taxis.


28

(i) that the authority proposes to make bye-lawsunder this section in relation to the area,

(ii) the times at which, the period (being of 4 weeksduration) during which and the place in thefunctional area of the authority where a copy ofthe draft bye-laws may be inspected andpurchased,

(iii) that representations may be made to the auth-ority by any person affected before a specifieddate (which shall be not less than 2 weeks afterthe end of the period referred to in subpara-graph (ii) of this paragraph),

and

(c) make the draft bye-laws available for inspection andpurchase at the times, during the period of 4 weeks,and at the place specified in each case in the noticeaforesaid.

(7) Where a notice is published pursuant to subsection (6) ofthis section, a person may make representations in relation tothe proposed bye-laws to the local authority concerned beforethe date specified in the notice, and the authority shall, beforedeciding to make the bye-laws and determining their contents,have regard to any such representations.

(8) Where a local authority (‘the authority’) proposes tomake bye-laws under this section in relation to a public road(within the meaning of the Roads Act, 1993) responsibility forthe maintenance of which lies on a road authority (not beingthe local authority), the authority shall consult with that otherauthority before making the bye-laws.

(9) As soon as may be after the making of bye-laws underthis section—

(a) copies of the bye-laws shall be made available forinspection and purchase by the public at a place inthe functional area of the local authority concerned,and

(b) notice of their making and of the place aforesaid shallbe published in one or more newspapers circulatingin the area aforesaid.

(10) The Minister may draw up and publish to local auth-orities guidelines in relation to bye-laws under this section andtheir contents and may by notice in writing published to localauthorities amend or revoke guidelines, and amendmentsthereof, under this subsection, and local authorities shall haveregard to any such guidelines for the time being in force whendrawing up, amending or revoking bye-laws under thissubsection.


‘local authority’ means a local authority for the purposes of theLocal Government Act, 1941;

‘taxi’ means a street service vehicle.

[2002.] Road Traffic Act, 2002. [No. 12.]S.15(12) The function conferred on a local authority by subsec-

tion (1) is a reserved function.

(13) Section 7 of this Act shall apply to bye-laws under sub-section (1) of this section as it applies to bye-laws under this Actmade by the Commissioner.’’.

(2) Bye-laws under section 84 of the Principal Act in forceimmediately before the commencement of this section shall continuein force after such commencement as if made under section 84 (asinserted by this Act) of the Principal Act and may be amended orrevoked accordingly.


‘‘85.—(1) A road authority may, by notice in writing, direct,in respect of a route upon which buses are operated, that speci-fied points shall be stopping places at which persons may boardor descend from buses or that specified places shall be used asstands for buses.

(2) A road authority may by notice in writing amend orrevoke a direction given, or amendment made, by it under thissection.

(3) A person operating or proposing to operate a bus servicemay apply to the road authority in whose functional area theservice is being or will be operated for a direction under thissection and the authority may, if it so thinks fit, after consul-tation with the person, give a direction specifying such points forstopping places, and places for stands, for buses as it considersappropriate.

(4) A notice under this section may direct that—

(a) one or more of the stopping places specified in thenotice shall be used only for boarding buses or, asthe case may be, only for descending from buses, or

(b) one or more of the stopping places so specified, or oneor more of the stands so specified, shall be used onlyby buses providing a service or services operated bya specified person or by specified persons.

(5) A notice under this section—

(a) shall be given or sent by post to the person who isoperating the bus service to which it relates, and

(b) shall specify the date on which it comes into operation,

and the notice shall come into operation on the date sospecified.

(6) A certificate purporting to be signed by an officer of aroad authority and stating that a notice under this section inspecified terms was in force on a specified day or during a speci-fied period shall, without proof of the signature of the personpurporting to sign the certificate or that he or she was such anofficer, be evidence in any legal proceedings until the contraryis shown that a notice under this section in the specified terms

29

Stopping places andstands for buses.


Amendment ofsection 56 ofPrincipal Act.

Amendment ofsection 40 ofPrincipal Act.

30

was given or sent by post to the person named in it and that itwas in force on the specified day or during the specified period.


‘bus’ means omnibus;

‘road authority’ has the meaning assigned to it by the RoadsAct, 1993.’’.

(2) Directions under section 85 of the Principal Act in forceimmediately before the commencement of this section shall continuein force after such commencement as if given under section 85 (asinserted by this Act) of the Principal Act and may be amended orrevoked accordingly.

17.—The following subsection is substituted for subsection (2) ofsection 56 of the Principal Act:

‘‘(2) The insurance required by this section may be subject tothe following limitation and the following exception or either ofthem—

(a) it may, in so far as it relates to injury to property, belimited to the sum of \200,000 in respect of injurycaused by any one act of negligence or any one seriesof acts of negligence collectively constituting oneevent,

(b) there may be excepted from the liability coveredthereby any liability (in excess of the common lawor the statutory liability applicable to the case)undertaken by the insured or the principal debtor byspecial contract.’’.

18.—Section 40 of the Principal Act (as inserted by the Act of1994) is hereby amended by the insertion after subsection (1) of thefollowing subsections:

‘‘(1A) (a) A member of the Garda Sıochana may demandof a person who is driving in a public place amechanically propelled vehicle and is not theholder of a driving licence the production to himor her of a provisional licence then having effectand licensing the person to drive the vehicle,and if the person refuses or fails so to producethe licence and is a person falling within section35(1) of this Act, he or she shall be guilty of anoffence.

(b) References in paragraphs (b), (c), and (d) of sub-section (1), and in the subsequent subsections ofthis section to a driving licence shall be con-strued, in relation to a person specified in sub-section (1) who is a person falling within the saidsection 35(1), as references to a provisionallicence.

(1B) Where a person who is driving in a public place a mech-anically propelled vehicle and of whom the production of a driv-ing licence is demanded under paragraph (a) of subsection (1) of

[2002.] Road Traffic Act, 2002. [No. 12.]S.18this section or is required under paragraph (b) of that subsection

produces, in accordance with the demand or request, a pro-visional licence then having effect and licensing the person todrive the vehicle concerned—

(a) the person shall not be guilty of an offence under thesaid paragraph (a) or, as the case may be, the saidparagraph (b), and

(b) paragraph (d) of that subsection shall be construed, inrelation to any production of the provisional licencein accordance with the said paragraph (b), as if thereferences in the said paragraph (d) to a drivinglicence were references to a provisional licence.’’.

19.—Section 18 of the Act of 1968 is hereby amended by the inser-tion after subsection (1) of the following subsection:

‘‘(1A) (a) In this subsection—

‘approval’ means a document authorising theholder to issue instruction certificates;

‘approved body’ means a body that holds anapproval;

‘driving instruction’ means instruction given forreward in or in respect of the driving of avehicle;

‘instruction certificate’ means a certificatereferred to in paragraph (b)(ii).

(b) Regulations under this section may providefor—

(i) the exemption from the regulations or speci-fied provisions of the regulations of holdersof instruction certificates as respectsvehicles to which the certificates relate,

(ii) the issue of instruction certificates by anapproved body to persons as respects whomthe body is satisfied that they are com-petent, and appropriately qualified, to givedriving instruction of a recognised standardspecified in the regulations in respect ofvehicles or vehicles of a specified class andthe inclusion in the certificates of state-ments to the effect that the body is sosatisfied,

(iii) the revocation by an approved body of aninstruction certificate issued by it,

(iv) the grant by the Minister of approvals topersons as respects whom the Minister issatisfied that they are competent, andappropriately qualified, to assess the com-

31

Amendment ofsection 18 of Act of1968.


Amendment ofsection 35 of Act of1994.

32

petence and qualifications of persons whoapply to them for the issue of instructioncertificates,

(v) the attachment of conditions by the Ministerto approvals and the revocation or amend-ment of such conditions,

(vi) notification of the person concerned of aproposal to revoke an approval or instruc-tion certificate, or to revoke or amend con-ditions of approvals, and of the reasonstherefor,

(vii) the making of representations to the Mini-ster or the approved body concerned by thepersons affected in relation to proposalsreferred to in subparagraph (vi) and theconsideration of any such representationsby the Minister or by the body, as the casemay be, before deciding whether to pro-ceed with the proposals,

(viii) appeals to the District Court against a revo-cation or amendment aforesaid and againstrefusals to issue an approval or an instruc-tion certificate,

(ix) applications for approvals and the conditionsto be complied with by applicants(including conditions relating to com-petence, standards and qualifications andthe payment of fees to the Minister),

(x) the systems to be established by approvedbodies for ascertaining and assessing fromtime to time the competence and standardsof holders of instruction certificates, and

(xi) the entry on premises of approved bodiesand applicants for approvals at all reason-able times by duly authorised officers of theMinister and the examination and copyingby such officers of records and other docu-ments, whether in electronic or other form,kept there and the provision to suchofficers by such bodies and applicants andtheir staff of such information as they mayreasonably request for the purposes of thefunctions of the Minister under thissubsection.’’.

20.—Section 35 of the Act of 1994 is amended by the insertion insubsection (2) of the following paragraph after paragraph (r):

‘‘(rr) the control and regulation of the use of stoppingplaces, and stands, specified in notices under section85 of the Principal Act including the restriction andprohibition of the parking and stopping of vehiclesat such stopping places and stands;’’.

[2002.] Road Traffic Act, 2002. [No. 12.]21.—(1) The onus of establishing prima facie proof of a constitu-

ent of an offence committed after the commencement of this section(including the speed at which a person, whether the accused oranother person, was driving) under section 47, 52, 53, 55, 91, 92, 93or 94 of the Principal Act or section 35 of the Act of 1994 may bedischarged by tendering evidence from which that constituent can beinferred of measurements or other indications which were given byelectronic or other apparatus (including a camera) and are containedin a record produced by that apparatus, and it shall not be necessaryto prove that the electronic or other apparatus was accurate or ingood working order.

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

(a) a document—

(i) purporting to be, or to be a copy of, a record referredin that subsection and to be signed by a member ofthe Garda Sıochana, and

(ii) on which is endorsed a statement to the effect that itis, or is a copy of, the record aforesaid,

shall be prima facie evidence in those proceedings of theindications or measurements contained in the record, andit shall not be necessary to prove the signature on thedocument or that the signatory was a member of theGarda Sıochana, and

(b) a copy of the document aforesaid shall be furnished to theaccused person before the commencement of the trial ofthe offence.

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

(a) be capable of producing a photograph or other record ofthe measurements or other indications referred to in thatsubsection, and

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

(i) the Commissioner or another member of the GardaSıochana not below the rank of Chief Superintend-ent authorised in that behalf by the Commissioner,or

(ii) the chief executive officer of the National RoadsAuthority or another officer of that Authority dulyauthorised in that behalf by the first-mentionedofficer,

and it shall not be necessary to prove that the apparatusis of a type so approved.

(4) In proceedings for an offence referred to in subsection (1), ifproof of the offence involves proof of the speed at which a person

33

Evidence in relationto certain offences.


Inspection ofdriving licences ofpersons chargedwith certainoffences.

Increase of certainpenalties.

34

(whether the accused or another person) was driving, the uncorrob-orated evidence of one witness stating his opinion as to that speedshall not be accepted as proof of that speed.

22.—(1) A person charged with a penalty point offence or anoffence committed after the commencement of this section on con-viction of which the court is required to make a consequential dis-qualification order shall, not later than the day on which the hearingby a court of the proceedings in relation to the charge commences,give or send his or her driving licence to such officer of the CourtsService as may be designated by that Service and an officer of thatService may inspect and make a copy of the licence or of extractsfrom it and shall then return it to the person.

(2) Subsection (1) does not apply to a person charged with anoffence if the person produces, on or after the date of its commission,and before the hearing by a court of the proceedings in relation tothe charge, his or her licence to a member of the Garda Sıochanawho is or was acting in connection with the alleged offence or thecourt proceedings concerned.

(3) A person who contravenes subsection (1) shall be guilty of anoffence.

23.—(1) A person convicted of an offence for which a penalty isprovided by—

(a) a provision of the Principal Act mentioned in column (2) ofPart 1 of the Table to this section (‘‘the Table’’) at anyreference number mentioned in column (1) of that Part,

(b) a provision of the Act of 1968 mentioned in column (2) ofPart 2 of the Table at any reference number mentionedin column (1) of that Part,

(c) the provision of the Road Traffic (Amendment) Act, 1984,mentioned in column (2) of Part 3 of the Table, or

(d) a provision of the Act of 1994 mentioned in column (2) ofPart 4 of the Table at a reference number mentioned incolumn (1) of that Part,

shall, in lieu of the monetary penalty so provided, be liable to themonetary penalty, expressed in euro, specified in column (3) of thesaid Table at that reference number.

[2002.] Road Traffic Act, 2002. [No. 12.]S.23TABLE

Part 1

Principal Act

Reference Provision Monetary PenaltyNumber

(1) (2) (3)

1 Section 12(4) A fine not exceeding \1,500



4 Section 20(10)(a) A fine not exceeding \1,500



7 Section 48(2) In the case of a first offence, a fine not exceeding\800

In the case of a second or any subsequent offence, afine not exceeding \1,500



10 Section 51(2)(a) In the case of a first offence, a fine not exceeding\800

In the case of a second or any subsequent offence, afine not exceeding \1,500

11 Section 51(2)(b) A fine not exceeding \800



14 Section 53(2)(b) A fine not exceeding \2,500



17 Section 55(2)(b) A fine not exceeding \800



20 Section 69A(5) A fine not exceeding \2,500

21 Section 102(a) A fine not exceeding \800

22 Section 102(b) A fine not exceeding \1,500

23 Section 102(c) A fine not exceeding \1,500

24 Section 106(3)(a) A fine not exceeding \800







35


36

Part 2

Act of 1968


(1) (2) (3)



Part 3

Road Traffic (Amendment) Act, 1984


(1) (2) (3)

1 Section 4 A fine not exceeding \1,500

Part 4

Act of 1994


(1) (2) (3)









(2) The following Table is substituted for the Table to section 15of the Act of 1968:

‘‘TABLE

Where the excess weight is not less than 1,000 kilogramsbut is less than 2,000 kilograms … … … … \200



Where the excess weight is not less than 4,000 kilogramsbut is less than 5,000 kilograms … … … … \1,600

Where the excess weight is 5,000 kilograms or more … \3,000’’.

[2002.] Road Traffic Act, 2002. [No. 12.]S.23(3) This section has effect in relation to offences committed after

its commencement.

24.—(1) The Minister may make regulations for the purpose ofgiving full effect to this Act and to the provisions inserted by thisAct into the Acts and the Act of 1975.

(2) If in any respect any difficulty arises during the period of 3years from the commencement of a provision of this Act or anamendment of another Act effected by this Act in bringing the pro-vision or amendment into operation, the Minister may by regulationsdo anything which appears to be necessary or expedient for bringingthe provision or amendment into operation.

(3) Regulations under this Act may contain such incidental, sup-plementary and consequential provisions as appear to the Ministerto be necessary or expedient for the purposes of the regulations.

(4) Regulations under this Act (other than subsection (2)) shall belaid before each House of the Oireachtas as soon as may be afterthey are made and, if a resolution annulling the regulations is passedby either such House within the next subsequent 21 days on whichthat House has sat after the regulations are laid before it, the regu-lations shall be annulled accordingly, but without prejudice to thevalidity of anything previously done thereunder.

(5) Where the Minister proposes to make regulations under sub-section (2), he or she shall cause a draft of the regulations to be laidbefore each House of the Oireachtas and the regulations shall notbe made until a resolution approving of the draft has been passed byeach such House.

25.—(1) Sections 97(1)(b), 102, 107, 110, 111, 115, 125 and 126 ofthe Principal Act are amended by the deletion, in each place whereit occurs, of ‘‘Road Traffic Acts, 1961 to 1994,’’ and the substitutionof ‘‘this Act’’.

(2) Subsections (1) and (2) of section 36 and sections 86, 104 and105 of the Principal Act and section 64 of the Act of 1968 are repe-aled as respects offences committed after the commencement of thissection.

26.—(1) This Act may be cited as the Road Traffic Act, 2002.

(2) This Act shall come into operation on such day or days as, byorder or orders made by the Minister under this section, may befixed therefor either generally or with reference to any particularpurpose or provision and different days may be so fixed for differentpurposes and different provisions, including the application of section25 to different statutory provisions specified therein.

(3) The Acts and this Act shall be construed together as one Actand may be cited together as the Road Traffic Acts, 1961 to 2002.

37

Regulations.

Repeals andamendment ofsections 97(1)(b),102, 107, 110, 111,115, 125 and 126 ofPrincipal Act.

Short title,commencement,construction andcollective citation.

[No. 12.] Road Traffic Act, 2002. [2002.]Section 2.

38

FIRST SCHEDULE

Penalty Points

PART 1

Contravention of Certain Statutory Provisions

The offences specified in column (2) of this Part at reference num-bers 2, 3, 8, 9, 10, 11, 12 and 14 do not include offences on convictionof which the court is required to make a consequential disqualifi-cation order.

Reference Offence General Description of Penalty PenaltyNumber Offence Points Points on

on ConvictionPaymentof FixedCharge

(1) (2) (3) (4) (5)

1 Offence under section Using vehicle— 1 312 of Road Traffic (a) whose weightAct, 1961 unladen exceeds

maximumpermittedweight,

(b) whose weightladen exceedsmaximumpermittedweight, or

(c) any part of whichtransmits toground greaterweight thanmaximumpermitted weight.

2 Offence under section Using vehicle without 518 of Road Traffic test certificateAct, 1961

3 Offence under section Driving vehicle before 320(10) of Road remedying dangerousTraffic Act, 1961 defect

4 Offence under section Driving without a 2 538 of Road Traffic licenceAct, 1961

5 Offence under section Applying for a licence 1 339 of Road Traffic while disqualified forAct, 1961 so applying

6 Offence under section Failure to produce a 1 340 of Road Traffic Act, licence to member of1961 Garda Sıochana

7 Offence under section Exceeding a speed 2 447 of Road Traffic limitAct, 1961

8 Offence under section Driving vehicle when 348 of Road Traffic unfitAct, 1961

9 Offence under section Careless driving 552 of Road TrafficAct, 1961

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.1



(1) (2) (3) (4) (5)

10 Offence under section Driving dangerously 554 of Road Traffic defective vehicleAct, 1961

11 Offence under section Parking vehicle in 555 of Road Traffic dangerous positionAct, 1961

12 Offence under section Using vehicle without 556 of Road Traffic insurance orAct, 1961 guarantee

13 Offence under section Failure to stop vehicle 1 496 of Road Traffic Act, at school warden1961 sign

14 Offence under section Breach of duties on 5106 of Road Traffic occurrence ofAct, 1961 accident

15 Offence under section Failure to stop vehicle 2 5109 of Road Traffic when so required byAct, 1961 member of Garda

Sıochana

16 Offence under section Furnishing false or 1 3115 of Road Traffic misleadingAct, 1961 particulars in

connection withapplication forlicence

PART 2

Contravention of Certain Provisions of Road Traffic(Construction, Equipment and Use of Vehicles) Regulations,

1963 to 2002

In this Part—

(1) ‘‘offence’’ means an offence under section 11 of the Act of1961,

(2) references to an article at reference numbers 1 to 8 are refer-ences to an article of the Road Traffic (Construction, Equipment andUse of Vehicles) Regulations, 1963 (S.I. No. 190 of 1963),

(3) references to an article at reference numbers 9 and 10 are refer-ences to an article of the Road Traffic (Construction, Equipment andUse of Vehicles) (Amendment) Regulations, 1971 (S.I. No. 96 of1971),

(4) references to an article at reference numbers 11 and 12 arereferences to an article of the Road Traffic (Construction, Equip-ment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1978(S.I. No. 360 of 1978),

39

[No. 12.] Road Traffic Act, 2002. [2002.]Sch.1

40

(5) references to an article at reference numbers 13 and 14 arereferences to an article of the Road Traffic (Construction, Equip-ment and Use of Vehicles) (Amendment) Regulations, 1985 (S.I. No.158 of 1985),

(6) references to an article at reference numbers 15 and 16 arereferences to an article of the Road Traffic (Construction, Equip-ment and Use of Vehicles) (Amendment) (No. 3) Regulations, 1991(S.I. No. 359 of 1991), and

(7) references to an article at reference numbers 17, 18 and 19 arereferences to an article of the Road Traffic (Construction, Equip-ment and Use of Vehicles) (Amendment) Regulations, 1993 (S.I. No.299 of 1993).



(1) (2) (3) (4) (5)

1 Offence consisting of Using vehicle whose 1 3contravention of width exceedsarticle 10 maximum permitted

width

2 Offence consisting of Using vehicle whose 1 3contravention of length exceedsarticle 11 maximum permitted

length

3 Offence consisting of Using a vehicle with 2 4contravention of defective or wornarticle 16 tyres

4 Offence consisting of Using a vehicle from 1 3contravention of which driver hasarticle 23 inadequate view of

road and traffic

5 Offence consisting of Using vehicle whose 1 3contravention of windscreen is not ofarticle 24 safety glass or gives

distorted view

6 Offence consisting of Using vehicle not fitted 1 3contravention of with efficientarticle 25 windscreen wiper

7 Offence consisting of Using vehicle not fitted 1 3contravention of with adequatearticle 26 driving mirror

8 Offence consisting of Using vehicle whose 1 3contravention of brakes arearticle 46 inadequate

9 Offence consisting of Using vehicle not fitted 2 4contravention of with adequatearticle 3 anchorage points for

safety belts

10 Offence consisting of Using vehicle not fitted 2 4contravention of with safety beltsarticle 4




(1) (2) (3) (4) (5)

11 Offence consisting of Using motor cycle 2 4contravention of without wearingarticle 10 crash helmet

12 Offence consisting of Permitting passenger 2 4contravention of not wearing crasharticle 11 helmet to be carried

on motor cycle

13 Offence consisting of Using vehicle not 1 3contravention of equipped with reararticle 4 underrun protective

device

14 Offence consisting of Using vehicle not 1 3contravention of equipped with side-article 5 guard

15 Offence consisting of Using vehicle when 2 4contravention by driver not wearingdriver of a vehicle of safety belt orarticle 6 permitting person

under 17 to occupyfront seat when notwearing safety beltor appropriate childrestraint

16 Offence consisting of Driver of vehicle 2 4contravention of permitting personarticle 7(3) under 17 to occupy

rear seat when notwearing safety beltor appropriate childrestraint

17 Offence consisting of Using vehicle not 1 3contravention of equipped with speedarticle 3 limitation device

18 Offence consisting of Using vehicle equipped 1 3contravention of with speed limitationarticle 4 device not complying

with specifiedrequirements

19 Offence consisting of Using vehicle equipped 1 3contravention of with speed limitationarticle 5 device not sealed or

not sealed incompliance withspecifiedrequirements

20 Offence consisting of Use by driver of 1 3contravention of vehicle of mobilearticle 4 of the Road phone while in theTraffic vehicle in a public(Construction, place except whenEquipment and Use the vehicle is parkedof Vehicles)(Amendment) (No.2) Regulations, 2002(S.I. No. 93 of 2002)

41


42

PART 3

Contravention of Certain Provisions of Road Traffic (Lightingof Vehicles) Regulations, 1963

In this Part—

(1) ‘‘offence’’ means an offence under section 11 of the Act of1961, and

(2) the references to article 9 are references to article 9 of theRoad Traffic (Lighting of Vehicles) Regulations, 1963 (S.I. No. 189of 1963).



(1) (2) (3) (4) (5)

1 Offence consisting of Using vehicle not 1 3contravention of sub- equipped witharticle (1) of article 9 required lamps and

identification marklighting

2 Offence consisting of Using trailer not 1 3contravention of sub- equipped witharticle (2) or (3) of required lamps andarticle 9 identification mark

lighting

3 Offence consisting of Using vehicle not 1 3contravention of sub- equipped witharticle (4) of article 9 required rear

projecting load lampor lateral projectingload lamp

4 Offence consisting of Using trailer not 1 3contravention of sub- equipped witharticle (5) of article 9 required marker

lamp

5 Offence consisting of Using public service 1 3contravention of sub- vehicle not equippedarticle (6) of article 9 with required

internal lighting

6 Offence consisting of Using vehicle not 1 3contravention of sub- equipped witharticle (7) of article 9 required direction

indicators

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.1PART 4

Contravention of Certain Provisions of Road Traffic (Trafficand Parking) Regulations, 1997

In this Part—

(1) ‘‘offence’’ means an offence under section 35 of the Act of1994, and

(2) references to an article are references to an article of the RoadTraffic (Traffic and Parking) Regulations, 1997 (S.I. No. 182 of 1997).



(1) (2) (3) (4) (5)

1 Offence consisting of Contravention of 2 4contravention of general speedarticle 7 restriction for

vehicles

2 Offence consisting of Failure by vehicle to 2 4contravention of yield right of wayarticle 8

3 Offence consisting of Failure to drive vehicle 1 3contravention of on leftarticle 9

4 Offence consisting of Dangerous overtaking 2 5contravention ofarticle 10

5 Offence consisting of Contravention of 1 3contravention of requirementsarticle 11 regarding driving of

vehicles at roadjunctions

6 Offence consisting of Contravention of 1 3contravention of requirementsarticle 12 regarding reversing

of vehicles

7 Offence consisting of Contravention of 1 3contravention of restrictions onarticle 13 driving vehicle on

footway

8 Offence consisting of Contravention of 1 3contravention of restrictions onarticle 14(5) driving vehicle on

cycle track

9 Offence consisting of Contravention of 1 3contravention of requirement to turnarticle 15 vehicle left onto a

roundabout

10 Offence consisting of Contravention of 1 3contravention of prohibition of drivingarticle 16 vehicle along or

across median strip

43


44



(1) (2) (3) (4) (5)

11 Offence consisting of Failure of driver of 1 3contravention of vehicle to complyarticle 19 with signals given by

members of GardaSıochana

12 Offence consisting of Failure to stop vehicle 2 4contravention of before stop sign orarticle 20 stop line

13 Offence consisting of Failure of vehicle to 2 4contravention of yield right of way atarticle 21 yield sign or yield

line

14 Offence consisting of Failure of vehicle to 1 3contravention of comply witharticle 22 mandatory traffic

signs

15 Offence consisting of Failure of vehicle to 1 3contravention of comply witharticle 23 prohibitory traffic

signs

16 Offence consisting of Failure of vehicle to 1 3contravention of keep left at certainarticle 24 signs

17 Offence consisting of Crossing of white lines 2 4contravention of by vehiclearticle 25

18 Offence consisting of Entry by vehicle on 1 3contravention of hatched marked areaarticle 26 of roadway

19 Offence consisting of Failure by vehicle to 1 3contravention of comply with trafficarticle 27 lane markings

20 Offence consisting of Failure by vehicle to 1 3contravention of comply with trafficarticle 28 sign signifying that a

roadway not beentered

21 Offence consisting of Failure by vehicle to 2 5contravention of obey traffic lights orarticle 30 to halt at traffic sign

adjacent to suchlights

22 Offence consisting of Failure by vehicle to 2 5contravention of obey traffic lights atarticle 31 railway level crossing

or to halt at trafficsign adjacent to suchlights

23 Offence consisting of Prohibition on driving 2 4contravention of sub- vehicle against trafficarticle (1)(a) of flow on motorwayarticle 33




(1) (2) (3) (4) (5)

24 Offence consisting of Prohibition on driving 1 3contravention of sub- vehicle on part ofarticle (1)(b) of motorway not aarticle 33 carriageway

25 Offence consisting of Prohibition of driving 1 3contravention of sub- vehicles with 50 mpharticle (1)(d) of speed limit onarticle 33 outside traffic lane of

carriageway ofmotorway

26 Offence consisting of Passing of sign 2 4contravention of indicating heightarticle 34 restriction by vehicle

to which sign applies

PART 5

Contravention of Article 6 of Road Traffic (Licensing ofDrivers) Regulations, 1999

In this Part, the reference to article 20 is a reference to article 20of the Road Traffic (Licensing of Drivers) Regulations, 1999(S.I. No. 352 of 1999).



(1) (2) (3) (4) (5)

1 Offence under section Holder of provisional 1 342 of Road Traffic licence drivingAct, 1961, consisting vehicle (other thanof contravention of motor cycle) whensub-article (6)(b)(iv) not accompanied byof article 20 and under

supervision ofqualified person

45

[No. 12.] Road Traffic Act, 2002. [2002.]Section 9.

46

SECOND SCHEDULE

Convention drawn up on the basis of Article K.3 of the Treatyon European Union on Driving Disqualifications done at

Brussels on the 17th day of June 1998

CONVENTION

DRAWN UP ON THE BASIS OF ARTICLE K.3 OF THETREATY ON EUROPEAN UNION ON DRIVING

DISQUALIFICATIONS

THE HIGH CONTRACTING PARTIES to this Convention, Mem-ber States of the European Union,

REFERRING to the Council Act of 17 June 1998,

WHEREAS it is of the utmost importance for road safety withinthe European Union that a Union-wide effect be given to drivingdisqualification by adequate means;

WHEREAS as a result of the free movement of persons and theincreasing international road traffic, disqualifications from drivingare frequently imposed by a Member State other than that in whichthe driver normally resides;

WHEREAS having regard to Council Directive 91/439/EEC of 29July 1991 on driving licences(1), national provisions on the with-drawal, suspension and cancellation of driving licences should beapplied by the Member State in whose territory the licence holderhas his or her normal residence;

WHEREAS drivers disqualified from driving in a Member Stateother than that of their normal residence ought not to escape theeffects of such measure when present in a Member State other thanthat of the offence;

WHEREAS the Member State of residence of the licence holdershould therefore, in respect of offences considered particularlyserious and under certain conditions, give effect to driving disqualifi-cations imposed by another Member State by taking measuresentailing the withdrawal, suspension or cancellation of his or herdriving licence;

WHEREAS the fact that the Member State of residence has giveneffect to such a disqualification imposed by another Member State,should entail the consequence that the necessary measures are takento penalize the act of driving a motor vehicle during the period of thedisqualification under the laws of any Member State of the EuropeanUnion in whose territory this may occur,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

For the purposes of this Convention:

(a) ‘‘driving disqualification’’ shall mean any measure related tothe commission of a road traffic offence which results in

(1) O.J. L237, 24.8. 1991. P.1. Directive as last amended by Directive 97/26/EC (O.J.L150, 7.6. 1997, p.41).

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.2withdrawal or suspension of the right to drive of a driver

of a motor vehicle and which is no longer subject to aright of appeal. The measure may constitute either a pri-mary, secondary or supplementary penalty or a safetymeasure and may have been taken either by a judicialauthority or by an administrative authority;

(b) ‘‘State of the offence’’ shall mean the Member State withinthe territory of which the road traffic offence that hasgiven rise to a driving disqualification was committed;

(c) ‘‘State of residence’’ shall mean the Member State withinthe territory of which the person who has been disquali-fied from driving is normally resident within the meaningof Article 9 of Directive 91/439/EEC;

(d) ‘‘motor vehicle’’ shall mean any vehicle covered by thedefinition in Article 3(3) of Directive 91/439/EEC.

ARTICLE 2

The Member States hereby undertake to cooperate, in accordancewith the provisions of the Convention, with the objective that driverswho are disqualified from driving in a Member State other than thatin which they normally reside should not escape the effects of theirdisqualification when they leave the State of the offence.

ARTICLE 3

1. The State of the offence shall without delay notify the State ofresidence of any driving disqualification imposed for an offence aris-ing from conduct referred to in the Annex.

2. Each Member State may agree with other Member States thatnotification to it pursuant to paragraph 1 shall not take place in cer-tain cases in which Article 6(2)(a) would apply.

ARTICLE 4

1. Subject to Article 6, the State of residence which has been noti-fied pursuant to Article 3 shall without delay give effect to thedecision imposing disqualification from driving taken in the State ofthe offence in one of the following ways:

(a) by directly executing the decision imposing disqualificationfrom driving, while taking into account any part of theperiod of disqualification imposed by the State of theoffence which has already been served in the latter, or

(b) by executing the decision imposing disqualification fromdriving via a judicial or administrative decision in accord-ance with the conditions laid down in paragraph 2, or

(c) by converting the decision imposing disqualification fromdriving into a judicial or administrative decision of its own,thus, without prejudice to Article 11, substituting for thedecision by the State of the offence a new decision inaccordance with the conditions laid down in paragraph 3.

47


48

2. If it applies the procedure laid down in paragraph 1(b) the Stateof residence:

(a) shall take into account any part of the period of the drivingdisqualification imposed by the State of the offence whichhas already been served in that State;

(b) may reduce the duration of the driving disqualification butonly to the maximum term provided for acts of the samekind under its national law;

(c) shall not extend the duration of the driving disqualificationimposed by the State of the offence.

3. If it applies the procedure laid down in paragraph 1(c) the Stateof residence:

(a) shall be bound by the facts as established insofar as theyare stated explicitly or implicitly in the decision imposingdisqualification from driving in the State of the offence;

(b) shall take into account any part of the period of the drivingdisqualification imposed by the State of the offence whichhas already been served in that State;

(c) may reduce the duration of the driving disqualification toalign it to the duration which according to its national lawwould have been applied for the case in question;

(d) shall not extend the duration of the driving disqualificationimposed by the State of the offence;

(e) may not replace the driving disqualification by a fine or anyother measure.

4. When giving effect to a driving disqualification under thisArticle, the State of residence shall, where necessary, determine adate from which it will enforce the driving disqualification.

5. When giving the notification referred to in Article 15(2), eachMember State shall indicate in a declaration which of the proceduresdescribed in paragraph 1 it intends to apply in its capacity as a Stateof residence. The declaration made may be replaced by a new declar-ation at any time.

ARTICLE 5

Giving effect to a driving disqualification pursuant to Article 4shall be without prejudice to any additional road safety measuresthat the State of residence may take under its own legislation.

ARTICLE 6

1. The State of residence shall refuse to give effect to the drivingdisqualification where:

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

(b) the offender has already had a driving disqualificationimposed on him in the State of residence for the same

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.2acts and that disqualification has been or is being

enforced;

(c) the offender would have benefited from a general pardon oramnesty in the State of residence if the acts had beencommitted within the territory of that State;

(d) the period of limitation for the measure would have expiredunder its own legislation;

(e) in the circumstances of the particular case, after receivingany information supplied under Article 8, it considersthat the person concerned has not had an adequateopportunity to defend himself.

2. The State of residence may refuse to give effect to the drivingdisqualification if:

(a) the conduct for which the driving disqualification has beenimposed in the State of the offence does not constitutean offence under the law of the State of residence;

(b) the remaining period of disqualification which could beenforced in the State of residence is less than one month;

(c) driving disqualification is not a measure available under thelegislation of the State of residence for the acts giving riseto the driving disqualification imposed by the State of theoffence.

3. When giving the notification referred to in Article 15(2) or atany other time, any Member State may declare that it will alwaysapply paragraph 2 of this Article in part or in full. When such adeclaration has been made, the other Member States shall not beobliged to communicate driving disqualifications such as referred toin that declaration pursuant to Article 3 to the Member State thathas made the declaration. Any Member State may withdraw its dec-laration at any time.

ARTICLE 7

1. The competent authority of the State of the offence shall for-ward the notification referred to in Article 3 to the central authorityof the State of residence.

2. For the purposes of paragraph 1, when giving the notificationreferred to in Article 15(2), each Member State shall indicate:

(a) the central authority or central authorities which itdesignates;

(b) the competent authorities responsible for submitting thenotifications referred to in Article 3.

ARTICLE 8

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

— details serving to locate the person disqualified from thedriving;

49


50

— the original or a certified copy of the decision imposing adriving disqualification;

— a brief statement of the circumstances and a reference to thelegal provisions in the State of the offence on the basis ofwhich the driving disqualification was imposed, if these arenot given in the decision;

— an attestation that it is final;

— information regarding the enforcement of the driving dis-qualification in the State of the offence, including the lengthof the disqualification and, where known, the dates on whichthe disqualification starts and expires;

— the driving licence, if it has been seized.

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

3. If the information communicated in accordance with para-graphs 1 and 2 is found to be insufficient to allow a decision to betaken pursuant to this Convention, in particular where, in the circum-stances of the particular case, there is doubt whether the person con-cerned has had an adequate opportunity to defend himself, the com-petent authorities of the State of residence shall request thecompetent authorities of the State of the offence to provide thenecessary supplementary information without delay.

ARTICLE 9

1. Subject to paragraphs 2 and 3, no translation of the notificationsreferred to in Article 3 or of the accompanying material referred toin Article 8 or of any other documents relating to the application ofthis Convention shall be required.

2. Any Member State may, when giving the notification referredto in Article 15(2), declare that the documents referred to in para-graph 1 forwarded to it by the State of the offence must beaccompanied by a translation into one of the official languages ofthe institutions of the European Communities indicated in its dec-laration.

3. Except for the documents referred to in the second indent ofArticle 8(1), the documents referred to in paragraph 1 of this Articleneed not be certified.

ARTICLE 10

The State of residence shall inform the State of the offence of anydecision taken in respect of a notification given pursuant to Article3 and in respect of enforcement and, where it refuses to give effectto a driving disqualification pursuant to Article 6, of the reasons forits refusal.

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.2ARTICLE 11

1. The right of the State of the offence to execute in its territorythe full period of the driving disqualification determined by the Stateof the offence shall not be affected by the decision of the State ofresidence.

2. When giving the notification referred to in Article 15(2), anyMember State may indicate that it will not apply paragraph 1 of thisArticle in its capacity as the State of the offence.

3. The State of the offence and State of residence shall exercisetheir responsibilities under the Convention in such a way as to ensurethat the total period of disqualification, taking into account any per-iod of disqualification which is served for the offence concerned inthe State of residence, does not exceed the period of disqualificationoriginally determined by the State of the offence.

4. When notifying the person concerned of the decision to disqual-ify, a State of the offence which proposes to apply paragraph 1 shallat the same time inform the person of this fact, and shall confirm inthe notification given in accordance with Article 3 to the State ofresidence that it has done so.

ARTICLE 12

Each Member State shall adopt the measures necessary to enableit to penalize the driving of a motor vehicle in its territory whenthe driver is disqualified from driving by the State of residence inimplementation of this Convention.

ARTICLE 13

Costs incurred in implementing this Convention shall be borne inthe Member State in which they occur.

ARTICLE 14

1. The Court of Justice of the European Communities shall havejurisdiction to rule on any dispute between Member States regardingthe interpretation or the application of this Convention wheneversuch dispute cannot be settled by the Council within six months ofits being referred to the Council by one of its members. The Courtshall also have jurisdiction to rule on any dispute between MemberStates and the Commission regarding the interpretation or appli-cation of this Convention.

2. Any Member State shall be able to accept, through a declar-ation made when giving the notification referred to in Article 15(2)or at any later date, the jurisdiction of the Court of Justice to givepreliminary rulings on the interpretation of this Convention.

3. A Member State making a declaration pursuant to paragraph 2shall specify that either:

(a) any court or tribunal of that State against whose decisionsthere is no judicial remedy under national law mayrequest the Court of Justice to give a preliminary rulingon a question raised in a case pending before it and con-cerning the interpretation of this Convention if that court

51


52

or tribunal considers that a decision on the question isnecessary to enable it to give judgment, or

(b) any court or tribunal of that State may request the Court ofJustice to give a preliminary ruling on a question raisedin a case pending before it and concerning the interpreta-tion of this Convention if that court or tribunal considersthat a decision on the question is necessary to enable itto give judgment.

4. The State of the Court of Justice of the European Communityand its Rules of Procedure shall apply. Any Member State, whetheror not it has made a declaration pursuant to paragraph 2, shall beentitled to submit statements of case or written observations to theCourt in cases which arise under paragraph 3.

ARTICLE 15

1. This Convention shall be subject to adoption by the MemberStates in accordance with their respective constitutionalrequirements.

2. Member States shall notify the Secretary-General of the Coun-cil of the European Union of the completion of their constitutionalrequirements for adopting this Convention.

3. This Convention shall enter into force ninety days after thenotification referred to in paragraph 2 by the Member State which,being a Member of the European Union on the date of the adoptionby the Council of the act drawing up this Convention, is the last tofulfil this formality.

4. Until this Convention enters into force, any Member State may,when giving the notification referred to in paragraph 2 or at any laterdate, declare that with respect to itself the Convention, exceptArticle 14, shall apply to its relations with Member States that havemade the same declaration. Such declarations shall apply as fromninety days after the date of their deposit.

5. This Convention and declarations made in respect of it shall beapplicable only to offences committed after the entry into force ofthe Convention or from the date on which the Convention hasbecome applicable between the Member States concerned.

ARTICLE 16

1. This Convention shall be open to accession by any State thatbecomes a member of the European Union.

2. The text of this Convention in the language of the accedingState, drawn up by the Council of the European Union, shall beauthentic.

3. Instruments of accession shall be deposited with the Secretary-General of the Council of the European Union.

4. This Convention shall enter into force with respect to any Statethat accedes to it ninety days after the deposit of its instruments ofaccession or on the date of entry into force of the Convention if ithas not already entered into force at the time of expiry of thoseninety days.

[2002.] Road Traffic Act, 2002. [No. 12.]Sch.25. Article 15(4) shall apply to acceding Member States.

ARTICLE 17

No reservation may be entered in respect of this Convention.

ARTICLE 18

As regards the United Kingdom, the provisions of this Conventionshall apply only to the United Kingdom of Great Britain and North-ern Ireland.

ARTICLE 19

1. The Secretary-General of the Council of the European Unionshall act as depositary of this Convention.

2. The depositary shall publish in the Official Journal of the Euro-pean Communities information on the progress of adoptions,accessions and declarations, and also any other notification concern-ing this Convention.

ANNEX

CONDUCT COVERED BY ARTICLE 3 OF THECONVENTION

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

2. Wilful failure to carry out the obligations placed on drivers afterbeing involved in road accidents (hit-and-run driving).

3. Driving a vehicle while under the influence of alcohol or othersubstances affecting or diminishing the mental and physical abilitiesof a driver. Refusal to submit to alcohol and drug tests.

4. Driving a vehicle faster than the permitted speed.

5. Driving a vehicle whilst disqualified.

6. Other conduct constituting an offence for which a driving dis-qualification has been imposed by the State of the offence

— of a duration of six months or more,

— of a duration of less than six months where that has beenagreed bilaterally between the Member States concerned.

53

Click here for Act

————————


————————

EXPLANATORY MEMORANDUM

————————

GeneralThe principal purpose of the Act is to provide for a system of

penalty points for minor driving offences as undertaken in theGovernment Strategy for Road Safety 1998-2002. The Act also

—permits preliminary breath testing (breathalysing) of driverswhere they are involved in a road accident or a breach of roadtraffic law,

—provides a framework for implementing the (EU sponsored)European Convention on Driving Disqualifications (which per-mits the imposition by member states of driving disqualificationsfor offences committed in another Member State),

—assigns responsibility for control of taxi stands and bus stopsfrom the Garda Commissioner to local authorities,

—authorises the procurement by the Minister for the Environmentand Local Government of certain services under the RoadTraffic Acts through the use of contractors,

—permits the control/management of traffic by local authoritiesfor reasons of environmental protection,

—increases certain financial penalties for road traffic offences, and

—provides for other miscellaneous improvements, mainly relatedto enforcement, of road traffic law.

Section 1 sets out definitions of various terms which are referredto in the Act.

Particular attention is drawn to the following:

—‘‘Licence’’ is defined to mean a driving licence or provisionallicence under Part III of the Principal Act (Road Traffic Act,1961).

—‘‘Licence record’’ is defined as a joint record held by the Mini-ster for the Environment and Local Government and the locallicensing authority under section 60(2) of the Finance Act, 1993.

Section 2 deals with the endorsement of penalty points. The pen-alty points system under this Act has been designed to track minorbreaches of driving regulations and other minor offences whichimpact on road safety with a view to improving the driving behaviourof those who commit these breaches. The full list of offences whichwill attract penalty points is set out in the First Schedule. Where a

1

2

person is convicted of one of these offences, an indicated number ofpenalty points will be recorded in the entry for that person in thelicence record. Penalty points will remain on the record of a personfor three years and where the number reaches or exceeds 12, anautomatic six-month disqualification from holding a driving licencewill apply; this will not normally require involvement of the courts.In the case of most penalty point offences, a person will be affordedthe opportunity to pay a fixed charge (see section 11) which willresult in the endorsement of a lower number ofpenalty points than would apply on court conviction.

Subsections (1) and (2) provide for the number of penalty pointsto be entered onto the licence record of a person, whether on convic-tion or on payment of a fixed charge. The subsections refer to theFirst Schedule, which sets out the offences to which the penaltypoints system refers and the number of penalty points applicable onpayment of a fixed charge or on court conviction.

Subsections (3) and (4) provide that where a person is either con-victed of a number of penalty point offences which were committedon the same occasion, or pays fixed charges in respect of such allegedoffences, the number of penalty points to be endorsed will notexceed the highest number of penalty points which would haveapplied in respect of any one of the offences in question.

Subsections (5) and (6) provide for the notification to the Ministerof the payment of fixed charges for penalty points offences or ofconvictions imposed by the Courts for such offences; notification inthe former case will be by the Garda Sıochana, and in the latter bythe Courts Service. Following receipt of the notification the Ministeris required to endorse the relevant entry on the licence with theappropriate number of penalty points.

Subsection (7) relates to the endorsement of penalty points wherea person does not hold a driving licence. The subsection providesthat in such circumstances, the penalty points will be entered in therecord once the person is subsequently issued with a licence.

Subsection (8) refers to the one set of circumstances where penaltypoints will not be entered on the licence record of a person wheres/he is convicted of a penalty point offence. This will occur wherethe court imposes an ancillary disqualification on a person undersection 27 of the Road Traffic Act, 1961. [That section provides thata court may impose a disqualification (entitled an ‘‘ancillarydisqualification’’) on conviction of any offence other than those thatautomatically attract consequential disqualification orders.]

Subsection (9) is a technical provision clarifying that the descrip-tion of the penalty point offences set out in column (3) of the FirstSchedule is for information purposes only.

Section 3 establishes the general provision that a person whoaccumulates a certain number of penalty points will be disqualifiedfor holding a driving licence for a period of 6 months. This disqualifi-cation will take effect automatically and administratively, and with-out the need for a court order.

Subsection (1) provides that the threshold of penalty points for thepurpose of triggering a disqualification is 12 and that the period ofdisqualification shall be six months.

Subsection (2) provides that at the end of the period of disqualifi-cation under this section, all of the penalty points endorsed on the

licence record on the date of the notice issued in relation to thedisqualification will be removed.

Section 4 provides that penalty points endorsed on a licence recordwill remain in effect for a period of 3 years from the ‘‘appropriatedate’’ (see section 7). At the end of the three-year period, the personconcerned will be notified of the removal of the points from thelicence record.

Section 5 provides for the notification of a person of the endorse-ment of penalty points, and where appropriate, of the imposition ofa six-month disqualification. Where a disqualification is applied, thelicence holder must, under subsection (1)(b) return the licence to thelicensing authority within 14 days of the appropriate date (see section7). Subsection (3) provides that failure to comply with this require-ment constitutes an offence.

Section 6 deals with cases where penalty points are to be appliedbut where a disqualification under Part III of the Road Traffic Act,1961, or Section 9 of this Act is also in force or where a person doesnot hold a driving licence. In these situations, the periods of oper-ation for penalty point sanctions (3 year endorsement of licencerecord or 6 month driving disqualification period) will stand separ-ately from the period of the court disqualification or the periodwhere a licence is not held. Penalty point endorsements and disquali-fications will not start if a person is disqualified separately under PartIII of the 1961 Act, Section 9 of this Act or if the person does nothold a licence. In addition, the 3-year/6 month period will be inter-rupted if during either period a person is disqualified under Part IIIof the Road Traffic Act, 1961 or under Section 9 of this Act or ceasesto hold a licence during the period of disqualification/endorsement.

Section 7 provides that penalty points will generally apply from adate 28 days after the date of the notice described in section 5.

The ‘‘appropriate date’’ would fall on a date when the person isalready disqualified under the court order or does not hold a licence;subsection 2 provides that ‘‘the appropriate date’’ will be the dayimmediately after the period of disqualification or on the day onwhich the person becomes a licence holder as the case may be.

Subsections (3) to (6) make further technical provision for excep-tional circumstances in which the courts may require to vary the‘‘appropriate date’’.

Section 8 amends Section 36 of the Road Traffic Act, 1961, toallow for particulars of convictions and disqualification orders madeby the Courts under the Road Traffic Acts to be entered on thelicence record of the person rather than on the licence as is the caseat present. ‘‘Licence record’’ and ‘‘licence’’ are defined in Section 1.

Section 9 is designed to facilitate the entry into force of a frame-work for bilateral co-operation with other EU Member States inapplying driving disqualifications for a number of serious road trafficoffences committed in another Member State. This is based on theEuropean Convention on Driving Disqualification which wasadopted at EU level and signed by Ireland in 1998.

Subsection (1) deals with the case of a person who normally residesin this State but who is convicted of a specific offence and sub-sequently disqualified from holding a driving licence in another EUMember State. If the State in which the offence was committedinforms the Minister in writing and sends the appropriate documents

3

4

containing detailed information, the Minister shall send the notifi-cation to the relevant licensing authority.

Subsection (2) provides that on receipt of the notification, thelicensing authority shall make an application to the appropriatejudge. The judge, being satisfied as to the matters referred to in sub-section (1) shall make an order disqualifying the person from holdinga driving licence. The period of disqualification shall be from a datespecified in the order and for the period determined by the State inwhich the offence was committed.

Subsection (3) provides that an officer of the Minister, duly author-ised by the Minister, may certify that the documents presented to acourt for the purpose of an action referred to in subsection (2) are thedocuments referred to and that the certificate would be admissible asevidence in such proceedings.

Subsection (4) provides that the period of disqualification cannotexceed the maximum period which could have been imposed if theconduct which resulted in the conviction had taken place in thisState.

Subsection (5) provides that the period of disqualification that hasalready elapsed in the State in which the offence was committed shallbe deducted from the period of disqualification for holding a licencein this State.

Subsection (6) provides that an order shall not be made where:

—the person has already been disqualified under Part III of theRoad Traffic Act, 1961, for the same offence and where theperiod of disqualification is current or has expired,

—the person would have benefited from a general pardon oramnesty in this State,

—the time between the commission of the offence and the takingof proceedings was greater than the maximum time allowed inthis State, or

—the judge considers that the person did not have adequateopportunity to defend him/herself in the proceedings in theState in which the offence was committed.

Subsection (7) provides that the judge may refuse to make an orderif the specific conduct for which the disqualification was imposeddoes not constitute an offence in this State, or does not constitute anoffence for which disqualification can be ordered by a court. Thejudge may also refuse to make an order if less than one month ofthe period of disqualification remains to expire or if the disqualifi-cation was imposed in the State in which the offence was committedfor a period of less than one month. Under subsection (8), where thejudge makes or refuses to make an order, the Courts Service shallnotify the Minister, and the Minister will arrange for notification ofthe authorities in the State in which the offence was committed.

Subsection (9) provides that where a person who is a resident ofanother EU Member State is disqualified for holding a drivinglicence and the disqualification falls within the parameters of theConvention, the Minister will be the competent authority for thepurpose of advising the State of residence of the imposition of thedisqualification.

Section 10 replaces section 12 of the Road Traffic Act, 1994, andextends the grounds on which a member of the Garda Sıochana mayrequire a driver to provide a preliminary (breathalyser) breath speci-men to include situations where a driver is involved in a road acci-dent, or where the Garda considers that a road traffic offence hasbeen committed. Previously, the Road Traffic Acts allowed for thecarrying out of a preliminary breath test only where the Garda hasformed an opinion that a person in charge of a mechanically pro-pelled vehicle has consumed intoxicating liquor.

Subsection (2) provides that where a Garda has formed theopinion that an offence has been committed or that the person hasconsumed alcohol, s/he may require the person to provide a prelimi-nary sample of their breath either at the scene or in a place or vehiclein the vicinity. If the Garda does not have the appropriate apparatus,he or she can require the person to remain for a period of no morethan one hour at the location until a breathalyser can be brought tothe scene.

A person who fails to comply with subsection (2) will be guilty ofan offence and will be liable on summary conviction to a fine notexceeding \2,500 or imprisonment of a term not exceeding sixmonths or both. A member of the Garda Sıochana will be empow-ered to arrest without warrant any person who, in the Garda’sopinion, is committing or has committed an offence under thissection (subsections (3) and (4)).

Subsection (5) restates the presumption that the apparatus used toobtain a preliminary breath sample is an apparatus for indicating thepresence of alcohol in the breath.

Section 11 replaces section 103 of the Road Traffic Act, 1961, andrevises the operational framework for what at present are referredto as ‘‘On the Spot Fines’’.

The new system will apply to the majority of penalty point offencesin addition to parking and other minor offences under the RoadTraffic Acts.

Subsection (1) and (2) empower the Minister for the Environmentand Local Government to make regulations for the purpose of iden-tifying fixed charge offences and that the Gardaı may issue noticeswhere there are reasonable grounds for believing that a fixed chargeoffence has been committed.

Subsection (3) enables members of the Garda Sıochana to issuenotices in relation to all offences identified in the regulations.However, traffic wardens will only be empowered to issue notices inrespect of offences which will not attract penalty points.

Subsections (4) to (9) set out detailed provisions for the content ofthe notices to be issued under the section. In addition, these subsec-tions establish new arrangements which introduce key amendmentsto the current ‘‘on the spot fines’’ system. The main features of thenew system are:

—The introduction of a two tiered charge through which the levelof charge will increase by 50% if payment is not made within 28days of the issue of the notice;

5

6

—The placing of a condition on the acceptance of a paymentwhere the offence is a penalty point offence that details of theperson’s licence, name and address are presented to the Gardaı;

—The introduction of an explicit requirement that where the regis-tered owner of a vehicle was not driving or using the vehicles/he must complete and sign a prescribed form giving the name,address etc of the driver of the vehicle.

Subsection (11) provides that unless another person is identifiedby the registered owner as the driver it will be assumed that theregistered owner was driving the vehicle at the time of the occur-rence of the alleged offence.

Subsection (16) provides that where the registered owner of avehicle claims that another person was driving or otherwise using thevehicle at the time of the commission of the alleged offence, s/hemust complete a prescribed document giving the name and addressof that person. That document may be used in evidence.

Subsection (17) makes it an offence for the registered owner tofurnish false or misleading information either in the documentreferred to in subsection (16) or otherwise.

Subsection (21) provides that in making regulations under thissection the Minister is empowered to allow for the charge of differentlevels of fixed charges for the same alleged offences in differentareas.

Section 12 redefines the duties and powers of traffic wardensappointed by Local Authorities under section 3 of the Local Auth-orities (Traffic Wardens) Act, 1975 in line with the new fixed chargeoffences procedures as outlined in section 11 above. Local Authorityappointed traffic wardens will not however be empowered to issuefixed charge notices in respect of penalty point offences.

Section 13 empowers the Minister for the Environment and LocalGovernment to make regulations in relation to a range of road trafficrelated matters for the specific purposes of protecting the envir-onment, persons or animals from damage, distress or discomfort (andproperty from damage) caused by emissions or excessive noise fromroad traffic.

The matters in relation to which regulations under this section maybe made are set out in subsection (2). They include matters relatingto the construction/equipment of vehicles, the restriction of the useof specified fuels in vehicles, the carrying of specified goods ormaterial, prohibiting vehicles from certain places and the maximumspeed limits applying to vehicles.

The remaining subsections relate generally to the application ofthe regulations including a provision in subsection (6) that a contra-vention of a regulation will be an offence.

Section 14 strengthens the statutory basis for agreements betweenthe Minister and other persons for the performance by these personsof functions under the Road Traffic Acts, other than functionsinvolving the making or approval of statutory instruments.

Subsections (1) and (2) allow the Minister to enter into an agree-ment with a person or company for that person to provide specifiedservices. This agreement may make provision, inter alia, for any fees

to be charged or payments to be made, and the disposal of thesemonies.

Subsections (4) and (5) make it clear that functions performedunder arrangements agreed pursuant to this section will:

—be subject to the general superintendence and control of theperson on whom the function was originally conferred, and

—continue to be vested concurrently in the latter person.

Section 15 provides for the substitution of section 84 of the RoadTraffic Act, 1961. It changes the regulatory framework governing thelocation and operation of taxi stands by giving a bye-law makingpower to local authorities to decide on their number and location andto govern their operation. (At present this responsibility is vested inthe Garda Commissioner with the consent of the Minister for theEnvironment and Local Government). Local authorities are alreadyresponsible for all other aspects of the control and operation of pub-lic service vehicles, and this amendment replicates this situation withregard to appointed stands. Subsection (1) sets out the new replace-ment text of section 84 of the Road Traffic Act, 1961. The only sig-nificant change is the transfer of responsibility for control of taxistands from the Garda Commissioner to local authorities. Under sub-section (2), bye-laws at present in force will remain operative butmay be amended or revoked by local authorities under the new pro-visions of this section.

Section 16 provides for the substitution of section 85 of the Princi-pal Act and introduces a new statutory framework for determiningthe location and use of bus stops. The principal change is the transferfrom the Garda Commissioner to road authorities of decision makingin this matter.

Section 17 amends section 56 of the Principal Act to increasepresent level of cover to be provided in motor insurance policies inrelation to property damage. The requirements (set out in the RoadTraffic Act, 1961) for a valid policy of motor insurance provide thatany limitation in relation to cover for property damage shall not befixed at an amount lower than £80,000. This section increases thatthreshold to \200,000.

Section 18 amends section 40 of the Principal Act (inserted bysection 25 of the Road Traffic Act, 1994) to provide that holders ofprovisional licences must present such licences on demand to a mem-ber of the Gardaı in the same manner as applies to full licenceholders.

Section 19 amplifies the legal basis for the regulation of drivinginstruction. It adds to section 18 of the Road Traffic Act, 1968, arange of considerations to which regard may be had in authorisingpersons to carry out driving instruction for reward. These new mat-ters include a power for the Minister to approve bodies for the pur-pose of operating quality control of driving instructors and to exemptfrom the requirement of direct licensing, driving instructors who holdcertificates issued by such approved bodies.

Section 20 makes a minor amendment to section 35 of the RoadTraffic Act, 1994, which is necessitated by change of arrangementsbeing introduced in respect of bus stops and outlined in Section 16above.

7

8

Section 21 replaces section 105 of the Road Traffic Act, 1961, andprovides an extended basis for the use of electronic and other equip-ment, including cameras, for the establishment of proof of a constitu-ent of an offence. Under section 105 of the Road Traffic Act, 1961,such equipment was limited to establishing evidence in relation tospeed only.

Subsection (3) provides specifically that the equipment to be usedmust be of a type approved by either a senior member of the GardaSıochana (the Commissioner or another member of the Garda notbelow the rank of Chief Superintendent authorised by theCommissioner) or by the Chief Executive Officer of the NationalRoads Authority or an officer of the Authority authorised byhim/her.

Section 22 requires that a person charged with a penalty pointoffence or an offence, committed after the commencement of thissection, which would attract a consequential disqualification ordermust give his or her driving licence to an officer of the Courts Serviceno later than the day in which court proceedings are to commence.This will allow the officer to inspect the licence and make copiesif required. The officer will then return the licence to the personcharged.

Subsection (2) provides that this requirement will not apply wherean accused person has previously produced the licence to a memberof the Gardaı who is acting in connection with the alleged offence.

Subsection (3) provides that it will be an offence not to complywith the requirement created in this section.

Section 23 provides for an increase in the maximum penalties pro-vided for in the Road Traffic Act, 1961, the Road Traffic Act, 1968,the Road Traffic (Amendment) Act, 1984, and the Road Traffic Act,1994. Details of the new penalties are set out in tabular format.

Section 24 contains standard provisions on regulations to be madeby the Minister for the Environment and Local Government to allowfor the commencement of this Act, including the requirement of lay-ing these regulations before each House of the Oireachtas.

Section 25 lists a small number of provisions of the Road TrafficActs, 1961 to 1995 which will either be repealed or amended as aresult of the coming into force of this Act.

Section 26 contains standard provisions regarding the short title ofthis Act, and details of its commencement. It also provides for thisAct to be construed along with the Road Traffic Acts, 1961 to 1995,as one Act, and to be referred to as the Road Traffic Acts, 1961 to2002.

The First Schedule sets out the list of those offences which willattract penalty points. The offences referred to are those relating todriver behaviour or vehicle standards which have a direct relation-ship with road safety. Part I refers to offences created directly undersections of the Road Traffic Act, 1961, and the remaining parts relateto offences created in regulations applying to the construction, equip-ment and use of vehicles (Part 2), the lighting of vehicles (Part 3),and traffic offences (Part 4) and an offence under the Licensing ofDrivers Regulations (Part 5).

The structure of the Schedule provides for the listing of theoffences, a general description of each offence and the penalty points

to be applied both on the payment of a fixed charge in respect ofeach offence, where appropriate, or on conviction.

Offences covered by the First Schedule include those relating tothe breach of speed limits, failure to comply with stop signs, yieldsigns or traffic lights, failure of a driver to wear a seat-belt or permit-ting a person under 17 to occupy a front or rear seat when not wear-ing a safety belt or appropriate child restraint. The Schedule alsocovers, and amongst other offences, the failure of a motor cycledriver to wear a crash helmet, driving without a licence, driving adangerously defective vehicle and parking a vehicle in a dangerousposition.

In the case of certain offences, the option of the payment of afixed charge is not being made available. These represent the mostserious of the offences which are included in the Schedule includingcareless driving, using a vehicle without insurance and driving adangerously defective vehicle.

The Second Schedule consists of the English language text of theConvention drawn up on the basis of Article K.3 of the Treaty onEuropean Union on Driving Disqualifications done at Brussels on17 June, 1998. (see section 9 above).

An Roinn Comhshaoil agus Rialtais Aitiuil,Aibrean, 2002.

Wt. 511. 300. 6/02. Cahill. (X43533). Gr. 30-15.

9

Documents

Click here for Explanatory Memorandum here for Explanatory Memorandum ———————— Number 12 of 2002 ROAD TRAFFIC ACT, 2002 ———————— ARRANGEMENT OF SECTIONS