(LRC Revised)

Number 16 of 1984

ROAD TRAFFIC (AMENDMENT) ACT 1984

REVISED

Updated to 28 May 2019

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 (Amendment) Act 1984

. 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

Greyhound Racing Act 2019

(15/2019), enacted 28 May 2019, and all statutory instruments up to and including

European Communities (Sheep Identification) (Amendment) Regulations 2019

(S.I. No. 243 of 2019), made 28 May 2019, 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

16

of

1984

ROAD TRAFFIC (AMENDMENT) ACT 1984

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Increase of certain penalties under Section 102 of Principal Act.

3.

Increase of certain other penalties under Principal Act, etc.

4.

Increase of certain penalties under Act of 1968, etc.

5.

Increase of certain penalties under Act of 1978.

6.

Offences to which

sections 2

to

5

apply.

7.

Short title, construction and collective citation.

Acts Referred to

Road Traffic Act, 1961

1961, No. 24

Road Traffic Act, 1968

1968, No. 25

Road Traffic (Amendment) Act, 1978

1978, No. 19

Number

16

of

1984

ROAD TRAFFIC (AMENDMENT) ACT 1984

REVISED

Updated to 28 May 2019

AN ACT TO PROVIDE FOR INCREASED PENALTIES IN RESPECT OF CERTAIN OFFENCES UNDER THE

ROAD TRAFFIC ACTS, 1961 to 1978, AND FOR CERTAIN OTHER MATTERS RELATING TO ROAD TRAFFIC.

[18

th July

, 1984]

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, 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

Power to make regulations under 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” 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), s. 14A, as inserted (29.04.2016) by

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 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: 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.

E22

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.

E23

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.

E24

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.

E25

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, 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

Power to make regulations under 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” 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), s. 14A, as inserted (29.04.2016) by

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

(4/2016), s. 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: 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.

E22

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.

E23

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.

E24

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.

E25

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.

Section

1.

Definitions.

2.

Increase of certain penalties under Section 102 of Principal Act.

3.

Increase of certain other penalties under Principal Act, etc.

4.

Increase of certain penalties under Act of 1968, etc.

5.

Increase of certain penalties under Act of 1978.

6.

Offences to which

sections 2

to

5

apply.

7.

Short title, construction and collective citation.

Number

16

of

1984