IE
(LRC Revised)
Statutory Text (1 Articles)
Number 7 of 1994
ROAD TRAFFIC ACT 1994
REVISED
Updated to 13 May 2026
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 1994
. 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
Mental Health Act 2026
(11/2026), enacted 7 May 2026, and all statutory instruments up to and including
the
Roads (M4 (Bus Priority Facility)) Regulations 2026
(S.I. No. 206 of 2026), made 13 May 2026, 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
7
of
1994
ROAD TRAFFIC ACT 1994
REVISED
Updated to 13 May 2026
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section
1.
Short title, commencement, construction and collective citation.
2.
Interpretation.
3.
Regulations.
4.
Repeals.
PART II
The Bureau
5.
Definitions for Part V of Act of 1968.
(Repealed)
6.
Functions and duties of Bureau.
(Repealed)
7.
Functions of Director.
(Repealed)
8.
Protection of Director, etc., against legal proceedings.
(Repealed)
PART III
Driving Offences
9.
Interpretation of
Part III
.
10.
Prohibition on driving vehicle while under influence of intoxicant.
(Repealed)
11.
Prohibition on being in charge of vehicle while under influence of intoxicant.
(Repealed)
12.
Obligation to provide preliminary breath specimen.
13.
Obligation to provide specimen following arrest.
14.
Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.
(Repealed)
15.
Obligation to provide blood or urine specimen while in hospital.
(Repealed)
16.
Detention of intoxicated drivers where a danger to selves or others.
(Repealed)
17.
Procedure following provision of breath specimen under section 13.
(Repealed)
18.
Procedure regarding taking of specimens of blood and provision of specimens of urine.
19.
Procedure at Bureau regarding specimens.
20.
Provisions regarding certain evidence in prosecutions under sections 49 and 50 of
Principal Act.
21.
Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961
to 1994.
22.
Costs of prosecutions under sections 49 and 50 of Principal Act and
Part III
.
23.
Defence to refusal to permit taking of specimen of blood or to provide 2 specimens
of breath.
24.
Bar to certain defence to charges under sections 49 and 50 of Principal Act.
PART IV
Driving Licences
25.
Requirement to carry driving licence while driving vehicle.
(Repealed)
26.
Consequential disqualification orders.
(Repealed)
27.
Amendment of provisions relating to removal of consequential disqualification orders.
28.
Provision of particulars of disqualifications to certain persons.
29.
Application of provisions of Principal Act to provisional licences.
PART V
Speed Limits
30.
Amendment of section 44A of Principal Act.
31.
Motorway speed limit.
32.
Amendment of section 45 of Principal Act.
33.
Special speed limits.
34.
Amendment of section 47 of Principal Act.
PART VI
Regulation of Traffic
35.
Regulations for general control of traffic and pedestrians.
35A.
Regulations for control of
certain vehicles.
36.
Parking of vehicles in parking places on public roads.
36A.
Bye-laws for restriction on parking—specified events.
36B.
Inspection of permits.
37.
Amendment of section 95 of Principal Act.
38.
Traffic calming measures.
PART VII
Miscellaneous
39.
Powers of entry.
40.
Amendment of Road Vehicles (Registration and Licensing) Order, 1958.
41.
Detention of vehicles.
42.
Power of road authority to provide and maintain certain equipment, etc. on public
roads.
(Repealed)
43.
Amendment of section 103 of Principal Act.
44.
Amendment of section 105 of Principal Act.
45.
Amendment of section 106 of Principal Act.
46.
Amendment of section 107 of Principal Act.
47.
Amendment of section 9 of Principal Act.
48.
Summary proceedings.
49.
Minor and consequential amendments.
Number
7
of
1994
ROAD TRAFFIC ACT 1994
REVISED
Updated to 13 May 2026
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 TO 1987. [20
th April
, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Medical Bureau of Road Safety is listed as a partly excluded agency in relation to
certain records (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1, commenced as per s. 1(2).
Public bodies
6.
...
(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes
of this Act.
...
SCHEDULE 1
Part 1
Partially Included Agencies
Section 6 does not include a reference to— ...
(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning,
or arising from, the forensic criminal investigation functions performed by the Bureau
under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and
the approval, supply, testing and maintenance of apparatus and of equipment used for
the purpose of those Acts;
...
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
Term “Commissioner” 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
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.
Restriction of Act.
46.
—(1) This Act does not apply to— ...
[
(
bb
) a record held or created by the Medical Bureau of Road Safety under the Road Traffic
Acts 1961 to 2010 (other than a record concerning the general administration of the
Medical Bureau of Road Safety),
]
...
C6
Application of collectively cited
Road Traffic Acts 1961 to 2006
restricted (4.05.2009) by
Road Traffic (Specialised Vehicle Permits) Regulations 2009
(S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.
Grant of specialised vehicle permits
6. (1) The Permits Officer may grant a specialised vehicle permit if— ...
(b) he or she is satisfied that— ...
(ii) the vehicle and that operation will not otherwise contravene the Road Traffic
Acts 1961 to 2006, Regulations made under those Acts, or any other law.
...
C7
Term “provisional licence” 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.
...
C8
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.
C9
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,
...
]
C10
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.
Exemptions for emergency
vehicles.
27.
—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements,
restrictions and prohibitions relating to the driving and use of vehicles, other than
those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively,
of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of
the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the
Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the
use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or 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.
C11
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.
Exemptions for emergency
vehicles.
27.
—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements,
restrictions and prohibitions relating to the driving and use of vehicles, other than
those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively,
of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of
the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the
Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the
use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or 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.
C12
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.
C13
Terms “road” and “public place” construed (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.
C14
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.
...
C15
Term “class of mechanically propelled vehicles” in collectively cited
Road Traffic Acts 1961 to 1984
construed (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.
Annotations
Modifications (not altering text)
C1
Medical Bureau of Road Safety is listed as a partly excluded agency in relation to
certain records (14.10.2014) by
Freedom of Information Act 2014
(30/2014), s. 6 and sch. 1 part 1, commenced as per s. 1(2).
Public bodies
6.
...
(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes
of this Act.
...
SCHEDULE 1
Part 1
Partially Included Agencies
Section 6 does not include a reference to— ...
(u) the Medical Bureau of Road Safety, insofar as it relates to records concerning,
or arising from, the forensic criminal investigation functions performed by the Bureau
under the Road Traffic Acts 1961 to 2014, including the analysis of specimens and
the approval, supply, testing and maintenance of apparatus and of equipment used for
the purpose of those Acts;
...
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
Term “Commissioner” 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
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.
Restriction of Act.
46.
—(1) This Act does not apply to— ...
[
(
bb
) a record held or created by the Medical Bureau of Road Safety under the Road Traffic
Acts 1961 to 2010 (other than a record concerning the general administration of the
Medical Bureau of Road Safety),
]
...
C6
Application of collectively cited
Road Traffic Acts 1961 to 2006
restricted (4.05.2009) by
Road Traffic (Specialised Vehicle Permits) Regulations 2009
(S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.
Grant of specialised vehicle permits
6. (1) The Permits Officer may grant a specialised vehicle permit if— ...
(b) he or she is satisfied that— ...
(ii) the vehicle and that operation will not otherwise contravene the Road Traffic
Acts 1961 to 2006, Regulations made under those Acts, or any other law.
...
C7
Term “provisional licence” 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.
...
C8
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.
C9
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,
...
]
C10
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.
Exemptions for emergency
vehicles.
27.
—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements,
restrictions and prohibitions relating to the driving and use of vehicles, other than
those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively,
of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of
the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the
Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the
use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or 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.
C11
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.
Exemptions for emergency
vehicles.
27.
—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements,
restrictions and prohibitions relating to the driving and use of vehicles, other than
those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively,
of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of
the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the
Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the
use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or 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.
C12
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.
C13
Terms “road” and “public place” construed (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.
C14
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.
...
C15
Term “class of mechanically propelled vehicles” in collectively cited
Road Traffic Acts 1961 to 1984
construed (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.
Section
1.
Short title, commencement, construction and collective citation.
2.
Interpretation.
3.
Regulations.
4.
Repeals.
PART II
The Bureau
5.
Definitions for Part V of Act of 1968.
(Repealed)
6.
Functions and duties of Bureau.
(Repealed)
7.
Functions of Director.
(Repealed)
8.
Protection of Director, etc., against legal proceedings.
(Repealed)
PART III
Driving Offences
9.
Interpretation of
Part III
.
10.
Prohibition on driving vehicle while under influence of intoxicant.
(Repealed)
11.
Prohibition on being in charge of vehicle while under influence of intoxicant.
(Repealed)
12.
Obligation to provide preliminary breath specimen.
13.
Obligation to provide specimen following arrest.
14.
Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.
(Repealed)
15.
Obligation to provide blood or urine specimen while in hospital.
(Repealed)
16.
Detention of intoxicated drivers where a danger to selves or others.
(Repealed)
17.
Procedure following provision of breath specimen under section 13.
(Repealed)
18.
Procedure regarding taking of specimens of blood and provision of specimens of urine.
19.
Procedure at Bureau regarding specimens.
20.
Provisions regarding certain evidence in prosecutions under sections 49 and 50 of
Principal Act.
21.
Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961
to 1994.
22.
Costs of prosecutions under sections 49 and 50 of Principal Act and
Part III
.
23.
Defence to refusal to permit taking of specimen of blood or to provide 2 specimens
of breath.
24.
Bar to certain defence to charges under sections 49 and 50 of Principal Act.
PART IV
Driving Licences
25.
Requirement to carry driving licence while driving vehicle.
(Repealed)
26.
Consequential disqualification orders.
(Repealed)
27.
Amendment of provisions relating to removal of consequential disqualification orders.
28.
Provision of particulars of disqualifications to certain persons.
29.
Application of provisions of Principal Act to provisional licences.
PART V
Speed Limits
30.
Amendment of section 44A of Principal Act.
31.
Motorway speed limit.
32.
Amendment of section 45 of Principal Act.
33.
Special speed limits.
34.
Amendment of section 47 of Principal Act.
PART VI
Regulation of Traffic
35.
Regulations for general control of traffic and pedestrians.
35A.
Regulations for control of
certain vehicles.
36.
Parking of vehicles in parking places on public roads.
36A.
Bye-laws for restriction on parking—specified events.
36B.
Inspection of permits.
37.
Amendment of section 95 of Principal Act.
38.
Traffic calming measures.
PART VII
Miscellaneous
39.
Powers of entry.
40.
Amendment of Road Vehicles (Registration and Licensing) Order, 1958.
41.
Detention of vehicles.
42.
Power of road authority to provide and maintain certain equipment, etc. on public
roads.
(Repealed)
43.
Amendment of section 103 of Principal Act.
44.
Amendment of section 105 of Principal Act.
45.
Amendment of section 106 of Principal Act.
46.
Amendment of section 107 of Principal Act.
47.
Amendment of section 9 of Principal Act.
48.
Summary proceedings.
49.
Minor and consequential amendments.
Number
7
of
1994