IE
(LRC Revised)
Statutory Text (1 Articles)
Number 25 of 1968
ROAD TRAFFIC ACT 1968
REVISED
Updated to 1 March 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Road Traffic Act 1968
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices
(Amendment) Act 2025
(1/2025), enacted 21 February 2025, and all statutory instruments up to and including
the
Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2025
(S.I. No. 47 of 2025), made 1 March 1925, were considered in the preparation of this
Revised
Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
25
of
1968
ROAD TRAFFIC ACT 1968
REVISED
Updated to 1 March 2025
ARRANGEMENT OF SECTIONS
Part I
Preliminary and General
Section
1.
Short title.
2.
Interpretation.
3.
Collective citation and construction.
4.
Commencement.
5.
Repeals.
6.
Minor and consequential amendments of Principal Act.
7.
Non-application of Public Offices Fees Act, 1879.
pt. II
General Provisions Relating to Vehicles
8.
Control of supply of vehicles.
9.
Control of importation, etc, of vehicle parts.
10.
Control and operation of trailers.
11.
Determination of Maximum weights.
12.
Inspection and examination of vehicles.
13.
Inspection and examination of vehicles in large fleets.
14.
Approval marks.
15.
Obligatory penalty for excess weight.
16.
Extension of powers of authorised officer under section 16 of Principal Act.
17.
Extended power of making regulations relating to application for licence under
Finance (Excise Duties) (Vehicles) Act, 1952
.
pt. III
Driving Licences
18.
Regulations in relation to control of driving instruction.
18A.
Disqualification of driving
instructors.
19.
Amendment of section 29 of
Principal Act.
(Repealed)
20.
Operation of disqualification order.
21.
Amendment of section 33 of Principal Act.
22.
Limited certificates of competency for special cases.
23.
Penalty for undergoing or attempting to undergo test under section 33 of Principal
Act in name of other person.
Part IV
Speed Limits
24.
General speed limit.
25.
Amendment of section 46 of Principal Act.
26.
Amendment of section 47 of Principal Act.
Part V
Driving Offences
27.
Definitions for Part V.
28.
Obligation to provide
preliminary specimen of breath.
(Repealed)
29.
Amendment of section 49 of
Principal Act.
(Repealed)
30.
Obligation to provide, or
permit taking of, specimen at Garda station (section 49).
(Repealed)
31.
Bar to certain defences to
charges under section 49 of Principal Act.
(Repealed)
32.
Amendment of section 50 of
Principal Act.
(Repealed)
33.
Obligation to provide, or
permit taking of specimen at Garda station (section 50).
(Repealed)
34.
Bar to certain defences to
charges under section 50 of Principal Act.
(Repealed)
35.
Provisions relating to certain
evidence in prosecutions under section 49 or 50 of Principal Act.
(Repealed)
36.
Defence to refusal to permit
taking of specimen.
(Repealed)
37.
Establishment of Bureau for purposes of this Part.
38.
Functions and duties of the Bureau.
39.
Director of the Bureau.
40.
Provisions of the establishment order.
41.
Expenses of the Bureau.
42.
Protection of Director, etc, against legal proceedings.
43.
Procedure following taking or
provision of specimen.
(Repealed)
44.
Evidential effect to of
certificate under section 43.
(Repealed)
45.
Right to further
analysis.
(Repealed)
46.
Opportunity to have taken or
to give additional specimen, or to be supplied with portion of
specimen.
(Repealed)
47.
Regulations for sections 27 to
46.
(Repealed)
48.
Driving animal-drawn vehicle
or pedal cycle while under influence of intoxicating liquor or
drug.
(Repealed)
49.
Driving without reasonable
consideration.
(Repealed)
50.
Careless driving.
(Repealed)
51.
Amendment of section 53 of
Principal Act.
(Repealed)
52.
Amendment of section 55 of
Principal Act.
(Repealed)
Part VI
Compulsory Insurance
53.
Cesser of provisions of Principal Act relating to approved guarantee.
54.
Exempted person.
55.
Deposits by exempted persons.
Part VII
Public Service Vehicles
56.
Penalty for damaging public service vehicle.
57.
Amendment of section 82 of Principal Act.
58.
Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.
Part VIII
Regulation of Traffic
59.
Penalty on person found in a public place while under influence of intoxicating liquor
or drug.
60.
Regulations for the general
control of traffic and pedestrians.
(Repealed)
61.
Amendment of section 93 of Principal Act.
62.
Transfer of traffic functions to local authorities.
63.
Removal of vehicles abandoned or unlawfully parked.
Part IX
Miscellaneous
64.
Amendment of section 103 of
Principal Act.
(Repealed)
65.
Taking vehicle without authority.
66.
Investigation and inquiry by person authorised by Minister into accident involving
vehicle.
SCHEDULE 1
Minor and Consequential Amendments of Principal Act
SCHEDULE 2
Specified Offences
Acts Referred to
Road Traffic Act, 1961
1961, No. 24.
Merchandise Marks Act, 1887
1887, c. 28.
Merchandise Marks Act, 1931
1931, No. 48.
Roads Act, 1920
1920, c. 72.
Finance (Excise Duties) (Vehicles) Act, 1952
1952, No. 24.
Road Traffic Act, 1933
1933, No. 11.
Roads Act, 1920
1920, c. 72.
Civil Service Commissioners Act, 1956
1956, No. 45.
Civil Service Regulation Act, 1956
1956, No. 46.
Licensing Act, 1836
1836, c. 38.
Licensing Act, 1872
1872, c. 94.
Licensing (Ireland) Act, 1874
1874, c. 69.
Summary Jurisdiction Act, 1908
1908, c. 24.
Insurance Act, 1936
1936, No. 45.
Petty Sessions (Ireland) Act, 1851
1851, c. 93..
Number
25
of
1968
ROAD TRAFFIC ACT 1968
REVISED
Updated to
1 March 2025
AN ACT TO AMEND AND EXTEND THE
ROAD TRAFFIC ACT, 1961
, TO PROVIDE FOR THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY
PROPELLED VEHICLES AND VEHICLES DRAWN BY SUCH VEHICLES, TO PROVIDE IN PARTICULAR FOR
THE ASCERTAINMENT BY TESTS OF THE CONCENTRATION OF ALCOHOL IN THE BLOOD OF PERSONS
IN CHARGE OF MECHANICALLY PROPELLED VEHICLES AND FOR OFFENCES BY SUCH PERSONS, TO
MAKE PROVISIONS DESIGNED TO ENSURE THE ROADWORTHINESS OF VEHICLES AND THEIR EQUIPMENT,
TO AUTHORISE CERTAIN CHARGES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS
AFORESAID. [16
th July
, 1968]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—
Annotations
Modifications (not altering text)
C1
Prospective affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2010
affected by
Road Traffic Act 2010
(25/2010), s. 82(1), not commenced as of date of revision.
Cost of prosecutions — road traffic offences.
82.—
(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to
2010 committed after the commencement of this section, the court shall, unless it
is satisfied that there are special and substantial reasons for not so doing, order
the person to pay to the court the costs and expenses, measured by the court, incurred
in relation to the investigation, detection and prosecution of the offence, including
costs and expenses incurred in the taking of samples and the carrying out of tests,
examinations and analyses.
...
C2
Application of collectively cited
Road Traffic Acts 1961 to 2010
restricted (28.10.2011) by
Road Traffic Act 2010
(25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by
Road Traffic Act 2014
(3/2014), s. 23, S.I. No. 147 of 2014.
Exemptions for emergency vehicles.
87
—
[
(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and
requirements, restrictions and prohibitions relating to the driving and use of vehicles,
other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act,
sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this
Act, do not apply to—
(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider
recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital
Emergency Care Council (Establishment) Order 2000 (
S.I. No. 109 of 2000
)) or a fire brigade of a fire authority (within the meaning of the
Fire Services Act 1981
) of a vehicle in the performance of the duties of that member, or
(b) a person driving or using a vehicle under the direction of a member of the Garda
Síochána,
where such use does not endanger the safety of road users.
]
C3
Application of collectively cited
Road Traffic Acts 1961 to 2010
restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.
42.
— ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Road Traffic Acts 1961 to 2010
...
C4
References to term “Commissioner” in collectively cited
Road Traffic Acts 1961 to 2010
construed (1.06.2011) by
Road Traffic Act 2010
(25/2010), s. 83(1), S.I. No. 255 of 2011.
Functions of Commissioner of Garda Síochána.
83.
— (1) Any reference to the Commissioner in the
Road Traffic Acts 1961 to 2010
or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or
another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act
or carry out a function or requirement on his or her behalf.
...
C5
References to term “provisional licence” in collectively cited
Road Traffic Acts 1961 to 2006
construed (30.10.2007) by
Road Traffic Act 2006
(23/2006), s. 11(3), S.I. No. 718 of 2007.
Learner permit.
11.
— ...
(3) A reference to a provisional licence in the
Road Traffic Acts 1961 to 2006
or an instrument made thereunder is to be read as a reference to a learner permit.
...
C6
Application of collectively cited
Road Traffic Acts 1961 to 2006
extended (21.07.2006) by
Road Traffic Act 2006
(23/2006), s. 2, S.I. No. 384 of 2006.
Regulations to give effect to acts of European Communities.
2.
— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the
power to make provision in such regulations to give effect to—
(
a
) a provision of the treaties of the European Communities, or
(
b
) an act adopted by an institution of those Communities.
C7
Application of collectively cited
Road Traffic Acts 1961 to 2002
modified by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), s. 3(1), as substituted (3.04.2006) by
Road Traffic Act 2002
(12/2002), s. 12(1), S.I. No. 134 of 2006.
Provisions applying to certain offences relating to vehicles.
[3.
—(1) (
a
) This section applies to such of the offences specified in paragraph (
b
) as may be declared by the Minister by regulations made after consultation with the
Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence
standing so declared is referred to in this section as a fixed charge offence.
(
b
) The offences referred to in paragraph (
a
) of this section are
(i) an offence under the
Road Traffic Acts, 1961 to 2002
, relating to the prohibition or restriction of the stopping or parking of mechanically
propelled vehicles,
...
]
C8
Functions in relation to collectively cited
Road Traffic Acts 1961 to 2002
transferred from Department of and Minister for Environment and Local Government
to Department of and Minister for Public Enterprise and terms construed (18.06.2002)
by
National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial
Functions) Order 2002
(S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise
changed to Department of and Minister for Transport (19.06.2002) by
Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002
(S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport,
Tourism and Sport (2.04.2011) by
Transport (Alteration of Name of Department and Title of Minister) Order 2011
(S.I. No. 141 of 2011).
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are transferred
to the Department of Public Enterprise.
(2) References to the Department of the Environment and Local Government contained
in any Act or instrument made thereunder and relating to any administration and business
transferred by paragraph (1) of this Article shall, on and after the commencement
of this Order, be construed as references to the Department of Public Enterprise.
4. (1) The functions vested in the Minister for the Environment and Local Government—
(
a
) by or under—
(i) the Road Traffic Acts 1961 to 2002,
...
are transferred to the Minister for Public Enterprise.
(2) References to the Minister for the Environment and Local Government contained
in any Act or instrument made thereunder and relating to any functions transferred
by this Article shall, on and after the commencement of this Order, be construed as
references to the Minister for Public Enterprise.
C9
Meaning of “road” and “public place” for purposes of collectively cited
Road Traffic Acts 1961 to 1995
extended (11.09.1998) by
Air Navigation and Transport (Amendment) Act 1998
(24/1998), s. 59, S.I. No. 327 of 1998.
Road for purposes of Road
Traffic Acts, 1961 to 1995.
59.
—For the avoidance of doubt it is hereby declared that—
(
a
) the word “road”
includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to
1995, or any regulations made thereunder, a road in a State airport, and
(
b
) a State airport is, for the
purposes of any enactment, a public place.
C10
Application of collectively cited
Road Traffic Acts 1961 to 1987
modified (1.01.1994) by
Roads Act 1993
(14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.
Functions generally of the Authority.
17.
—...
(4) The Minister may make regulations providing that any function relating to national
roads conferred on him or on a road authority under any enactment (including this
Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where
the Minister is satisfied that the function could be more effectively performed by
the Authority, in lieu of being performed by him or by that authority or by the Commissioner,
be performed by the Authority with effect from a date specified in the regulations.
...
The Authority and traffic management.
23.
—(1) The Authority may at any time make recommendations in writing to the Commissioner
in relation to the performance of his functions under the Road Traffic Acts, 1961
to 1987 and the Commissioner shall have regard to such recommendations in the performance
of his functions.
...
C11
Meaning of “class of mechanically propelled vehicles” in collectively cited
Road Traffic Acts 1961 to 1984
extended (7.11.1989) by
European Communities (Licensing of Drivers) Regulations 1989
(S.I. No. 287 of 1989), reg. 2.
2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically
propelled vehicles shall be construed as a reference to a class or category of such
vehicles and cognate words and expressions shall be construed accordingly.
Editorial Notes
E1
Prospective affecting provision: procedure prescribed for costs relating to offences
under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), s. 82, not commenced as of date of revision.
E2
Prospective affecting provision: prescribed offences under collectively cited
Road Traffic Acts 1961 to 2010
subjected to payment deposit notice procedure by
Road Traffic Act 2010
(25/2010), s. 50, not commenced as of date of revision.
E3
Multiple convictions for certain offences under collectively cited
Road Traffic Acts 1961 to 2014
not required to be disclosed by
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(47/2012), ss. 14(4A), 14A, as amended and inserted (29.04.2016) by
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(4/2016), ss. 20(b), 21, S.I. No. 215 of 2016.
E4
Multiple convictions for certain offences under collectively cited
Road Traffic Acts 1961 to 2015
not excluded from being regarded as spent (29.04.2016) by
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(4/2016), s. 5, S.I. No. 215 of 2016.
E5
Records of Medical Bureau of Road Safety performing certain functions under collectively
cited
Road Traffic Acts 1961 to 2014
exempted from application of
Freedom of Information Act 2014
(14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).
E6
Procedure prescribed for fixed charge offences under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), ss. 34-49, not commenced as of date of revision other than s. 48, commenced
(25.07.2012) by S.I. No. 293 of 2012.
E7
Alcohol testing procedure and evidentiary requirements prescribed (28.10.11) for
offences and proceedings under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), ss. 9, 10, 20 and 25(4), S.I. No. 543 of 2011.
E8
Procedure prescribed for production of driving licence (28.10.2011) under collectively
cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), s. 61, S.I. No. 543 of 2011.
E9
Road Safety Authority designated as authority responsible for certain vehicle testing
arrangements required under the collectively cited
Road Traffic Acts 1961 to 2006
(13.09.2006) by
Road Safety Authority Act 2006 (Conferral of Functions) Order 2006
(S.I. No. 477 of 2006), art. 3(a)(i).
E10
Functions under collectively cited
Road Traffic Acts 1961 to 2004
assigned to Road Safety Authority (31.05.2006) by
Road Safety Authority Act 2006
(14/2006), s. 4(1), commenced on enactment.
E11
Road Safety Authority charged with keeping collectively cited
Road Traffic Acts 1961 to 2004
under review and submitting proposals (1.09.2005) by
Safety, Health and Welfare At Work Act 2005
(10/2005), ss. 2(1), 57(1)(a), (c) and sch. 1, S.I. No. 328 of 2005.
E12
Requirement to produce driving licence to court prescribed in relation to collectively
cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2002
(12/2002), s. 22(1) as substituted (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 21, S.I. No. 26 of 2005; and subsequently substituted (28.10.11) by
Road Traffic Act 2010
(25/2010), s. 63, S.I. No. 543 of 2011.
E13
Duty to give information to member of Garda Síochána for offences under collectively cited
Road Traffic Acts 1961 to 1995
imposed (23.12.2001) by
Transport (Railway Infrastructure) Act 2001
(55/2001), s. 59(1), commenced on enactment.
E14
Procedure prescribed (2.12.1994) for evidence in certain proceedings under collectively
cited
Road Traffic Acts 1961 to 2006
by
Road Traffic Act 1994
(7/1994), s. 21, S.I. No. 350 of 1994, as amended (4.10.2006) by
Road Traffic and Transport Act 2006
(28/2006), s. 1(1)(f), commenced on enactment; s. 21 repealed by
Road Traffic Act 2010
(25/2010), s. 33(c), not commenced as of date of revision.
E15
Previous affecting provision: certain records held under collectively cited
Road Traffic Acts 1961 to 2010
exempted from application of
Freedom of Information Act 1997
by
Freedom of Information Act 1997
(13/1997), s. 46(1)(bb) as inserted (9.08.2010) by
Road Traffic Act 2010
(25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 5 and sch. 4, commenced as per s. 1(2).
E16
Previous affecting provision: Road Safety Authority may be required by Minister to
provide advice in relation to functions under collectively cited
Road Traffic Acts 1961 to 2004
(31.05.2006) by
Road Safety Authority Act 2006
(14/2006), s. 6(1)(a), commenced on enactment; repealed (28.10.2010) by
Road Traffic Act 2010
(25/2010), s. 65(3)(c), S.I. No. 543 of 2011.
E17
Previous affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2005
not restricted (5.05.2006 to 1.05.2009) by
European Communities (Compulsory use of Safety Belts and Child Restraint Systems in
Motor Vehicles) Regulations 2006
(S.I. No. 240 of 2006), reg. 7(6).
E18
Previous affecting provision: functions of local authority for purposes of collectively
cited
Road Traffic Acts 1961 to 1995
specified (1.01.2002) by
Local Government Act 2001
(37/2001), s. 63(1)(b), (2) and sch. 12, pt. 1, S.I. No. 588 of 2001. Sch. 12 substituted
(31.12.2007) by
Water Services Act 2007
(30/2007), s. 115, S.I. No. 846 of 2007 which caused the
Road Traffic Acts
to move from sch. 12, pt. 1 to pt. 2.
E19
Previous affecting provision: alcohol testing procedure prescribed (21.07.2006) for
proceedings under collectively cited
Road Traffic Acts 1961 to 2006
by
Road Traffic Act 2006
(23/2006), s. 4(9), S.I. No. 384 of 2006; repealed (28.10.2011) by
Road Traffic Act 2010
(25/2010), s. 33(f), S.I. No. 544 of 2011.
E20
Previous affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2004
restricted (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 27, S.I. No. 26 of 2005; repealed (28.10.11) by
Road Traffic Act 2010
(25/2010), s. 87(2), S.I. No. 543 of 2011.
E21
Previous affecting provision: term “commissioner” defined (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 28, S.I. No. 26 of 2005; repealed (31.05.2011) by
Road Traffic Act 2010
(25/2010), s. 83(2), S.I. No. 255 of 2011.
E22
Previous affecting provision: breath specimen procedure for offences under collectively
cited
Road Traffic Acts 1961 to 2003
prescribed by
Road Traffic Act 1994
(7/1994), s. 12(1)(c), as substituted (1.12.2003) by
Road Traffic Act 2003
(37/2003), s. 2, S.I. No. 647 of 2003; s. 12 repealed (29.10.11) by
Road Traffic Act 2010
(25/2010), s. 33(c), S.I. No. 544 of 2011.
E23
Previous amending provision: certain functions under collectively cited
Road Traffic Acts 1961 to 1984
transferred to Dublin Metropolitan Streets Commission (1.06.1987) by
Dublin Metropolitan Streets Commission Act 1986
(30/1986), s. 7(1), S.I. No. 67 of 1987; transfer of functions terminated prior to
commencement of
Dublin Metropolitan Streets Commission Act 1986
(9.04.1987) by
Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions)
Order 1987
(S.I. No. 108 of 1987), art. 2.
E24
Previous amending provision: discretion to transfer certain functions under collectively
cited
Road Traffic Acts 1961 to 1984
to Dublin Transport Authority created by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), ss. 2(2), 3(1) as substituted by
Dublin Transport Authority Act 1986
(15/1986), s. 15(3), not commenced.
Dublin Transport Authority Act 1986
repealed (1.01.1988) by
Dublin Transport Authority (Dissolution) Act 1987
(34/1987), s. 13, commenced as per s. 15(5) and amendments to 1975 Act superseded
by later substitutions.
E25
Previous affecting provision: evidentiary provisions for proceedings under collectively
cited
Road Traffic Acts 1961 to 1978
prescribed (20.07.1978) by
Road Traffic (Amendment) Act 1978
(19/1978), s. 23(1), S.I. No. 192 of 1978;
Road Traffic (Amendment) Act 1978
repealed (2.12.1994) by
Road Traffic Act 1994
(7/1994), s. 4(1), S.I. No. 350 of 1994.
E26
Previous amending provision: power to make arrangements to carry out certain functions
under collectively cited
Road Traffic Acts 1961 to 1973
and to designate certain offences to which s. 3 applies provided (12.07.1975) by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), ss. 2(2) and 3(1), commenced on enactment; ss. 2(2) and 3(1) substituted
as per E-note above.
Annotations
Modifications (not altering text)
C1
Prospective affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2010
affected by
Road Traffic Act 2010
(25/2010), s. 82(1), not commenced as of date of revision.
Cost of prosecutions — road traffic offences.
82.—
(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to
2010 committed after the commencement of this section, the court shall, unless it
is satisfied that there are special and substantial reasons for not so doing, order
the person to pay to the court the costs and expenses, measured by the court, incurred
in relation to the investigation, detection and prosecution of the offence, including
costs and expenses incurred in the taking of samples and the carrying out of tests,
examinations and analyses.
...
C2
Application of collectively cited
Road Traffic Acts 1961 to 2010
restricted (28.10.2011) by
Road Traffic Act 2010
(25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by
Road Traffic Act 2014
(3/2014), s. 23, S.I. No. 147 of 2014.
Exemptions for emergency vehicles.
87
—
[
(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and
requirements, restrictions and prohibitions relating to the driving and use of vehicles,
other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act,
sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this
Act, do not apply to—
(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider
recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital
Emergency Care Council (Establishment) Order 2000 (
S.I. No. 109 of 2000
)) or a fire brigade of a fire authority (within the meaning of the
Fire Services Act 1981
) of a vehicle in the performance of the duties of that member, or
(b) a person driving or using a vehicle under the direction of a member of the Garda
Síochána,
where such use does not endanger the safety of road users.
]
C3
Application of collectively cited
Road Traffic Acts 1961 to 2010
restricted (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.
42.
— ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Road Traffic Acts 1961 to 2010
...
C4
References to term “Commissioner” in collectively cited
Road Traffic Acts 1961 to 2010
construed (1.06.2011) by
Road Traffic Act 2010
(25/2010), s. 83(1), S.I. No. 255 of 2011.
Functions of Commissioner of Garda Síochána.
83.
— (1) Any reference to the Commissioner in the
Road Traffic Acts 1961 to 2010
or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or
another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act
or carry out a function or requirement on his or her behalf.
...
C5
References to term “provisional licence” in collectively cited
Road Traffic Acts 1961 to 2006
construed (30.10.2007) by
Road Traffic Act 2006
(23/2006), s. 11(3), S.I. No. 718 of 2007.
Learner permit.
11.
— ...
(3) A reference to a provisional licence in the
Road Traffic Acts 1961 to 2006
or an instrument made thereunder is to be read as a reference to a learner permit.
...
C6
Application of collectively cited
Road Traffic Acts 1961 to 2006
extended (21.07.2006) by
Road Traffic Act 2006
(23/2006), s. 2, S.I. No. 384 of 2006.
Regulations to give effect to acts of European Communities.
2.
— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the
power to make provision in such regulations to give effect to—
(
a
) a provision of the treaties of the European Communities, or
(
b
) an act adopted by an institution of those Communities.
C7
Application of collectively cited
Road Traffic Acts 1961 to 2002
modified by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), s. 3(1), as substituted (3.04.2006) by
Road Traffic Act 2002
(12/2002), s. 12(1), S.I. No. 134 of 2006.
Provisions applying to certain offences relating to vehicles.
[3.
—(1) (
a
) This section applies to such of the offences specified in paragraph (
b
) as may be declared by the Minister by regulations made after consultation with the
Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence
standing so declared is referred to in this section as a fixed charge offence.
(
b
) The offences referred to in paragraph (
a
) of this section are
(i) an offence under the
Road Traffic Acts, 1961 to 2002
, relating to the prohibition or restriction of the stopping or parking of mechanically
propelled vehicles,
...
]
C8
Functions in relation to collectively cited
Road Traffic Acts 1961 to 2002
transferred from Department of and Minister for Environment and Local Government
to Department of and Minister for Public Enterprise and terms construed (18.06.2002)
by
National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial
Functions) Order 2002
(S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise
changed to Department of and Minister for Transport (19.06.2002) by
Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002
(S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport,
Tourism and Sport (2.04.2011) by
Transport (Alteration of Name of Department and Title of Minister) Order 2011
(S.I. No. 141 of 2011).
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are transferred
to the Department of Public Enterprise.
(2) References to the Department of the Environment and Local Government contained
in any Act or instrument made thereunder and relating to any administration and business
transferred by paragraph (1) of this Article shall, on and after the commencement
of this Order, be construed as references to the Department of Public Enterprise.
4. (1) The functions vested in the Minister for the Environment and Local Government—
(
a
) by or under—
(i) the Road Traffic Acts 1961 to 2002,
...
are transferred to the Minister for Public Enterprise.
(2) References to the Minister for the Environment and Local Government contained
in any Act or instrument made thereunder and relating to any functions transferred
by this Article shall, on and after the commencement of this Order, be construed as
references to the Minister for Public Enterprise.
C9
Meaning of “road” and “public place” for purposes of collectively cited
Road Traffic Acts 1961 to 1995
extended (11.09.1998) by
Air Navigation and Transport (Amendment) Act 1998
(24/1998), s. 59, S.I. No. 327 of 1998.
Road for purposes of Road
Traffic Acts, 1961 to 1995.
59.
—For the avoidance of doubt it is hereby declared that—
(
a
) the word “road”
includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to
1995, or any regulations made thereunder, a road in a State airport, and
(
b
) a State airport is, for the
purposes of any enactment, a public place.
C10
Application of collectively cited
Road Traffic Acts 1961 to 1987
modified (1.01.1994) by
Roads Act 1993
(14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.
Functions generally of the Authority.
17.
—...
(4) The Minister may make regulations providing that any function relating to national
roads conferred on him or on a road authority under any enactment (including this
Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where
the Minister is satisfied that the function could be more effectively performed by
the Authority, in lieu of being performed by him or by that authority or by the Commissioner,
be performed by the Authority with effect from a date specified in the regulations.
...
The Authority and traffic management.
23.
—(1) The Authority may at any time make recommendations in writing to the Commissioner
in relation to the performance of his functions under the Road Traffic Acts, 1961
to 1987 and the Commissioner shall have regard to such recommendations in the performance
of his functions.
...
C11
Meaning of “class of mechanically propelled vehicles” in collectively cited
Road Traffic Acts 1961 to 1984
extended (7.11.1989) by
European Communities (Licensing of Drivers) Regulations 1989
(S.I. No. 287 of 1989), reg. 2.
2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically
propelled vehicles shall be construed as a reference to a class or category of such
vehicles and cognate words and expressions shall be construed accordingly.
Editorial Notes
E1
Prospective affecting provision: procedure prescribed for costs relating to offences
under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), s. 82, not commenced as of date of revision.
E2
Prospective affecting provision: prescribed offences under collectively cited
Road Traffic Acts 1961 to 2010
subjected to payment deposit notice procedure by
Road Traffic Act 2010
(25/2010), s. 50, not commenced as of date of revision.
E3
Multiple convictions for certain offences under collectively cited
Road Traffic Acts 1961 to 2014
not required to be disclosed by
National Vetting Bureau (Children and Vulnerable Persons) Act 2012
(47/2012), ss. 14(4A), 14A, as amended and inserted (29.04.2016) by
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(4/2016), ss. 20(b), 21, S.I. No. 215 of 2016.
E4
Multiple convictions for certain offences under collectively cited
Road Traffic Acts 1961 to 2015
not excluded from being regarded as spent (29.04.2016) by
Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
(4/2016), s. 5, S.I. No. 215 of 2016.
E5
Records of Medical Bureau of Road Safety performing certain functions under collectively
cited
Road Traffic Acts 1961 to 2014
exempted from application of
Freedom of Information Act 2014
(14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).
E6
Procedure prescribed for fixed charge offences under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), ss. 34-49, not commenced as of date of revision other than s. 48, commenced
(25.07.2012) by S.I. No. 293 of 2012.
E7
Alcohol testing procedure and evidentiary requirements prescribed (28.10.11) for
offences and proceedings under collectively cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), ss. 9, 10, 20 and 25(4), S.I. No. 543 of 2011.
E8
Procedure prescribed for production of driving licence (28.10.2011) under collectively
cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2010
(25/2010), s. 61, S.I. No. 543 of 2011.
E9
Road Safety Authority designated as authority responsible for certain vehicle testing
arrangements required under the collectively cited
Road Traffic Acts 1961 to 2006
(13.09.2006) by
Road Safety Authority Act 2006 (Conferral of Functions) Order 2006
(S.I. No. 477 of 2006), art. 3(a)(i).
E10
Functions under collectively cited
Road Traffic Acts 1961 to 2004
assigned to Road Safety Authority (31.05.2006) by
Road Safety Authority Act 2006
(14/2006), s. 4(1), commenced on enactment.
E11
Road Safety Authority charged with keeping collectively cited
Road Traffic Acts 1961 to 2004
under review and submitting proposals (1.09.2005) by
Safety, Health and Welfare At Work Act 2005
(10/2005), ss. 2(1), 57(1)(a), (c) and sch. 1, S.I. No. 328 of 2005.
E12
Requirement to produce driving licence to court prescribed in relation to collectively
cited
Road Traffic Acts 1961 to 2010
by
Road Traffic Act 2002
(12/2002), s. 22(1) as substituted (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 21, S.I. No. 26 of 2005; and subsequently substituted (28.10.11) by
Road Traffic Act 2010
(25/2010), s. 63, S.I. No. 543 of 2011.
E13
Duty to give information to member of Garda Síochána for offences under collectively cited
Road Traffic Acts 1961 to 1995
imposed (23.12.2001) by
Transport (Railway Infrastructure) Act 2001
(55/2001), s. 59(1), commenced on enactment.
E14
Procedure prescribed (2.12.1994) for evidence in certain proceedings under collectively
cited
Road Traffic Acts 1961 to 2006
by
Road Traffic Act 1994
(7/1994), s. 21, S.I. No. 350 of 1994, as amended (4.10.2006) by
Road Traffic and Transport Act 2006
(28/2006), s. 1(1)(f), commenced on enactment; s. 21 repealed by
Road Traffic Act 2010
(25/2010), s. 33(c), not commenced as of date of revision.
E15
Previous affecting provision: certain records held under collectively cited
Road Traffic Acts 1961 to 2010
exempted from application of
Freedom of Information Act 1997
by
Freedom of Information Act 1997
(13/1997), s. 46(1)(bb) as inserted (9.08.2010) by
Road Traffic Act 2010
(25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 5 and sch. 4, commenced as per s. 1(2).
E16
Previous affecting provision: Road Safety Authority may be required by Minister to
provide advice in relation to functions under collectively cited
Road Traffic Acts 1961 to 2004
(31.05.2006) by
Road Safety Authority Act 2006
(14/2006), s. 6(1)(a), commenced on enactment; repealed (28.10.2010) by
Road Traffic Act 2010
(25/2010), s. 65(3)(c), S.I. No. 543 of 2011.
E17
Previous affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2005
not restricted (5.05.2006 to 1.05.2009) by
European Communities (Compulsory use of Safety Belts and Child Restraint Systems in
Motor Vehicles) Regulations 2006
(S.I. No. 240 of 2006), reg. 7(6).
E18
Previous affecting provision: functions of local authority for purposes of collectively
cited
Road Traffic Acts 1961 to 1995
specified (1.01.2002) by
Local Government Act 2001
(37/2001), s. 63(1)(b), (2) and sch. 12, pt. 1, S.I. No. 588 of 2001. Sch. 12 substituted
(31.12.2007) by
Water Services Act 2007
(30/2007), s. 115, S.I. No. 846 of 2007 which caused the
Road Traffic Acts
to move from sch. 12, pt. 1 to pt. 2.
E19
Previous affecting provision: alcohol testing procedure prescribed (21.07.2006) for
proceedings under collectively cited
Road Traffic Acts 1961 to 2006
by
Road Traffic Act 2006
(23/2006), s. 4(9), S.I. No. 384 of 2006; repealed (28.10.2011) by
Road Traffic Act 2010
(25/2010), s. 33(f), S.I. No. 544 of 2011.
E20
Previous affecting provision: application of collectively cited
Road Traffic Acts 1961 to 2004
restricted (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 27, S.I. No. 26 of 2005; repealed (28.10.11) by
Road Traffic Act 2010
(25/2010), s. 87(2), S.I. No. 543 of 2011.
E21
Previous affecting provision: term “commissioner” defined (24.01.2005) by
Road Traffic Act 2004
(44/2004), s. 28, S.I. No. 26 of 2005; repealed (31.05.2011) by
Road Traffic Act 2010
(25/2010), s. 83(2), S.I. No. 255 of 2011.
E22
Previous affecting provision: breath specimen procedure for offences under collectively
cited
Road Traffic Acts 1961 to 2003
prescribed by
Road Traffic Act 1994
(7/1994), s. 12(1)(c), as substituted (1.12.2003) by
Road Traffic Act 2003
(37/2003), s. 2, S.I. No. 647 of 2003; s. 12 repealed (29.10.11) by
Road Traffic Act 2010
(25/2010), s. 33(c), S.I. No. 544 of 2011.
E23
Previous amending provision: certain functions under collectively cited
Road Traffic Acts 1961 to 1984
transferred to Dublin Metropolitan Streets Commission (1.06.1987) by
Dublin Metropolitan Streets Commission Act 1986
(30/1986), s. 7(1), S.I. No. 67 of 1987; transfer of functions terminated prior to
commencement of
Dublin Metropolitan Streets Commission Act 1986
(9.04.1987) by
Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions)
Order 1987
(S.I. No. 108 of 1987), art. 2.
E24
Previous amending provision: discretion to transfer certain functions under collectively
cited
Road Traffic Acts 1961 to 1984
to Dublin Transport Authority created by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), ss. 2(2), 3(1) as substituted by
Dublin Transport Authority Act 1986
(15/1986), s. 15(3), not commenced.
Dublin Transport Authority Act 1986
repealed (1.01.1988) by
Dublin Transport Authority (Dissolution) Act 1987
(34/1987), s. 13, commenced as per s. 15(5) and amendments to 1975 Act superseded
by later substitutions.
E25
Previous affecting provision: evidentiary provisions for proceedings under collectively
cited
Road Traffic Acts 1961 to 1978
prescribed (20.07.1978) by
Road Traffic (Amendment) Act 1978
(19/1978), s. 23(1), S.I. No. 192 of 1978;
Road Traffic (Amendment) Act 1978
repealed (2.12.1994) by
Road Traffic Act 1994
(7/1994), s. 4(1), S.I. No. 350 of 1994.
E26
Previous amending provision: power to make arrangements to carry out certain functions
under collectively cited
Road Traffic Acts 1961 to 1973
and to designate certain offences to which s. 3 applies provided (12.07.1975) by
Local Authorities (Traffic Wardens) Act 1975
(14/1975), ss. 2(2) and 3(1), commenced on enactment; ss. 2(2) and 3(1) substituted
as per E-note above.
Part I
Preliminary and General
Section
1.
Short title.
2.
Interpretation.
3.
Collective citation and construction.
4.
Commencement.
5.
Repeals.
6.
Minor and consequential amendments of Principal Act.
7.
Non-application of Public Offices Fees Act, 1879.
pt. II
General Provisions Relating to Vehicles
8.
Control of supply of vehicles.
9.
Control of importation, etc, of vehicle parts.
10.
Control and operation of trailers.
11.
Determination of Maximum weights.
12.
Inspection and examination of vehicles.
13.
Inspection and examination of vehicles in large fleets.
14.
Approval marks.
15.
Obligatory penalty for excess weight.
16.
Extension of powers of authorised officer under section 16 of Principal Act.
17.
Extended power of making regulations relating to application for licence under
Finance (Excise Duties) (Vehicles) Act, 1952
.
pt. III
Driving Licences
18.
Regulations in relation to control of driving instruction.
18A.
Disqualification of driving
instructors.
19.
Amendment of section 29 of
Principal Act.
(Repealed)
20.
Operation of disqualification order.
21.
Amendment of section 33 of Principal Act.
22.
Limited certificates of competency for special cases.
23.
Penalty for undergoing or attempting to undergo test under section 33 of Principal
Act in name of other person.
Part IV
Speed Limits
24.
General speed limit.
25.
Amendment of section 46 of Principal Act.
26.
Amendment of section 47 of Principal Act.
Part V
Driving Offences
27.
Definitions for Part V.
28.
Obligation to provide
preliminary specimen of breath.
(Repealed)
29.
Amendment of section 49 of
Principal Act.
(Repealed)
30.
Obligation to provide, or
permit taking of, specimen at Garda station (section 49).
(Repealed)
31.
Bar to certain defences to
charges under section 49 of Principal Act.
(Repealed)
32.
Amendment of section 50 of
Principal Act.
(Repealed)
33.
Obligation to provide, or
permit taking of specimen at Garda station (section 50).
(Repealed)
34.
Bar to certain defences to
charges under section 50 of Principal Act.
(Repealed)
35.
Provisions relating to certain
evidence in prosecutions under section 49 or 50 of Principal Act.
(Repealed)
36.
Defence to refusal to permit
taking of specimen.
(Repealed)
37.
Establishment of Bureau for purposes of this Part.
38.
Functions and duties of the Bureau.
39.
Director of the Bureau.
40.
Provisions of the establishment order.
41.
Expenses of the Bureau.
42.
Protection of Director, etc, against legal proceedings.
43.
Procedure following taking or
provision of specimen.
(Repealed)
44.
Evidential effect to of
certificate under section 43.
(Repealed)
45.
Right to further
analysis.
(Repealed)
46.
Opportunity to have taken or
to give additional specimen, or to be supplied with portion of
specimen.
(Repealed)
47.
Regulations for sections 27 to
46.
(Repealed)
48.
Driving animal-drawn vehicle
or pedal cycle while under influence of intoxicating liquor or
drug.
(Repealed)
49.
Driving without reasonable
consideration.
(Repealed)
50.
Careless driving.
(Repealed)
51.
Amendment of section 53 of
Principal Act.
(Repealed)
52.
Amendment of section 55 of
Principal Act.
(Repealed)
Part VI
Compulsory Insurance
53.
Cesser of provisions of Principal Act relating to approved guarantee.
54.
Exempted person.
55.
Deposits by exempted persons.
Part VII
Public Service Vehicles
56.
Penalty for damaging public service vehicle.
57.
Amendment of section 82 of Principal Act.
58.
Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.
Part VIII
Regulation of Traffic
59.
Penalty on person found in a public place while under influence of intoxicating liquor
or drug.
60.
Regulations for the general
control of traffic and pedestrians.
(Repealed)
61.
Amendment of section 93 of Principal Act.
62.
Transfer of traffic functions to local authorities.
63.
Removal of vehicles abandoned or unlawfully parked.
Part IX
Miscellaneous
64.
Amendment of section 103 of
Principal Act.
(Repealed)
65.
Taking vehicle without authority.
66.
Investigation and inquiry by person authorised by Minister into accident involving
vehicle.
SCHEDULE 1
Minor and Consequential Amendments of Principal Act
SCHEDULE 2
Specified Offences
Number
25
of
1968