(LRC Revised)

Number 23 of 2006

ROAD TRAFFIC ACT 2006

REVISED

Updated to 1 March 2025

Changes to legislation

as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries

here

. Note that some amendments may not be in force until commenced by a commencement order or other provision.

This Revised Act is an administrative consolidation of the

Road Traffic Act 2006

. 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 2025, were considered in the preparation of this

revision.

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

23

of

2006

ROAD TRAFFIC ACT 2006

REVISED

Updated to 1 March 2025

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Regulations to give effect to acts of European Communities.

3. Prohibition on holding mobile phone by driver of mechanically propelled vehicle,

etc.

4. Mandatory alcohol testing.

5.

Fixed charge and disqualification for certain drink driving offences.

(Repealed)

6.

Consequential disqualification orders.

(Repealed)

7. Removal of disqualification.

8. Recognition of foreign driving licences.

9. Theory test certificate.

10. Regulations relating to driving licences, learner permits and certificates of

competency and fitness.

11. Learner permit.

12. Driving without driving licence.

13.

Requirement to carry driving licence while driving vehicle.

(Repealed)

14.

Fixed charge offences.

(Repealed)

15. Amendment of Act of 1975 (Traffic Wardens).

16. Penalty point offences.

17.

Evidence in relation to certain offences.

(Repealed)

18. Increase of certain penalties.

19. Detention of vehicles.

20. False declaration.

21.

Taxis — mandatory disqualification.

(Repealed)

22. Repeals.

23. Short title, commencement, collective citation and construction.

Acts Referred to

Dublin Transport Authority Act 1986

1986, No. 15

Dublin Transport Authority (Dissolution) Act 1987

1987, No. 34

European Communities Act 1972

1972, No. 27

Finance Act 1976

1976, No. 16

Fire Services Act 1981

1981, No. 30

Local Authorities (Traffic Wardens) Act 1975

1975, No. 14

Railway Safety Act 2005

2005, No. 31

Road Traffic (Amendment) Act 1984

1984, No. 16

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 1968

1968, No. 25

Road Traffic Act 1994

1994, No. 7

Road Traffic Act 1995

1995, No. 7

Road Traffic Act 2002

2002, No. 12

Road Traffic Act 2003

2003, No. 37

Road Traffic Act 2004

2004, No. 44

Road Traffic Acts 1961 to 2005

Road Transport Act 1933

1933, No. 8

Road Transport Act 1986

1986, No. 16

Road Transport Act 1999

1999, No. 15

Roads Act 1993

1993, No. 14

Taxi Regulation Act 2003

2003, No. 25

Number

23

of

2006

ROAD TRAFFIC ACT 2006

REVISED

Updated to 1 March 2025

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2005, THE LOCAL AUTHORITIES

(TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003 AND TO REPEAL SECTION

16 OF THE ROAD TRANSPORT ACT 1999.

[16

th July

, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Qualified exemption from application of collectively cited

Road Traffic Acts 1961 to 2010

provided (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 87(1), S.I. No. 543 of 2011.

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 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.

...

C1

Application of collectively cited

Road Traffic Acts 1961 to 2010

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

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

...

Review of existing

plans

46. ...

(3) For the purposes of this

Regulation, a decision, including a decision to adopt or undertake, or give

approval for a plan, may include those adopted, undertaken or approved pursuant

to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding

licences etc

63. ...

(2) A licence, consent,

permission, permit, derogation or other authorisation given under these

Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of

practice issued under Regulation 71 or such provisions thereof as may be

specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C2

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.

...

Editorial Notes

E1

Prospective affecting provision: Court required to order persons convicted of an

offence under the collectively cited

Road Traffic Acts 1961 to 2010

to pay to the court the costs and expenses incurred in relation to the investigation,

detection and prosecution of the offence by

Road Traffic Act 2010

(25/2010), s. 82(1), not commenced as of date of revision.

E2

Road Traffic Act 2010

(25/2010), Part 3, confirmed to apply to such summary offences under collectively

cited

Road Traffic Acts 1961 to 2010

as may be declared by the Minister for Transport by regulations to be fixed charge

offences (1.06.2017) by

Road Traffic Act 2010

(25/2010), s. 34(a), S.I. No. 241 of 2017.

E3

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).

E4

Obligation imposed on a person who holds a specified position with an operator to

inform the operator in writing in the event that he or she is or has been convicted

of an offence under collectively cited

Road Traffic Acts 1961 to 2011

(4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 8 and sch.

E5

Power granted to Minister for Transport, Tourism and Sport, in determining whether

an operator has satisfied or continues to satisfy the requirement of good repute,

to consider whether or not the operator or a person who holds a specified position

with the operator has, within the previous 10 years, been convicted of an offence

under collectively cited

Road Traffic Acts 1961 to 2011

(4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 6 and sch.

E6

Obligation imposed on persons who it is alleged have committed or have been charged

with the commission of certain offences under collectively cited

Road Traffic Acts 1961 to 2010

to produce his or her driving licence or learner permit to the court by

Road Traffic Act 2002

(12/2002), s. 22(1), as amended (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 63, S.I. No. 543 of 2011.

E7

Power granted to member of the Garda Síochána to require the production of a driving licence where he or she has reasonable grounds

for believing that a mechanically propelled vehicle may have been involved in an offence

under collectively cited

Road Traffic Acts 1961 to 2010

(28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 61, S.I. No. 543 of 2011.

E8

Power granted to member of the Garda Síochána who is of the opinion that a person in charge of a vehicle in a public place has

committed or is committing an offence under collectively cited

Road Traffic Acts 1961 to 2010

to require that the person provide a specimen of his or her breath by exhaling into

an apparatus for indicating the presence of alcohol in the breath (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 9, as amended (28.10.2011) by

Road Traffic (No. 2) Act 2011

(28/2011), s. 7, S.I. No. 542 of 2011.

Annotations

Modifications (not altering text)

C1

Qualified exemption from application of collectively cited

Road Traffic Acts 1961 to 2010

provided (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 87(1), S.I. No. 543 of 2011.

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 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.

...

C1

Application of collectively cited

Road Traffic Acts 1961 to 2010

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg.

1(3).

Screening for Appropriate

Assessment and Appropriate Assessment of implications for European

Sites

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

...

Review of existing

plans

46. ...

(3) For the purposes of this

Regulation, a decision, including a decision to adopt or undertake, or give

approval for a plan, may include those adopted, undertaken or approved pursuant

to any of the enactments set out in the Second Schedule to these

Regulations.

...

General provisions regarding

licences etc

63. ...

(2) A licence, consent,

permission, permit, derogation or other authorisation given under these

Regulations or under any of the enactments referred to in the Second Schedule

may include conditions requiring compliance with any guideline or code of

practice issued under Regulation 71 or such provisions thereof as may be

specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

...

...

Road Traffic Acts 1961 to 2010

...

C2

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.

...

Editorial Notes

E1

Prospective affecting provision: Court required to order persons convicted of an

offence under the collectively cited

Road Traffic Acts 1961 to 2010

to pay to the court the costs and expenses incurred in relation to the investigation,

detection and prosecution of the offence by

Road Traffic Act 2010

(25/2010), s. 82(1), not commenced as of date of revision.

E2

Road Traffic Act 2010

(25/2010), Part 3, confirmed to apply to such summary offences under collectively

cited

Road Traffic Acts 1961 to 2010

as may be declared by the Minister for Transport by regulations to be fixed charge

offences (1.06.2017) by

Road Traffic Act 2010

(25/2010), s. 34(a), S.I. No. 241 of 2017.

E3

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).

E4

Obligation imposed on a person who holds a specified position with an operator to

inform the operator in writing in the event that he or she is or has been convicted

of an offence under collectively cited

Road Traffic Acts 1961 to 2011

(4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 8 and sch.

E5

Power granted to Minister for Transport, Tourism and Sport, in determining whether

an operator has satisfied or continues to satisfy the requirement of good repute,

to consider whether or not the operator or a person who holds a specified position

with the operator has, within the previous 10 years, been convicted of an offence

under collectively cited

Road Traffic Acts 1961 to 2011

(4.12.2011) by

European Union (Occupation of Road Transport Operator) Regulations 2011

(S.I. No. 697 of 2011), reg. 6 and sch.

E6

Obligation imposed on persons who it is alleged have committed or have been charged

with the commission of certain offences under collectively cited

Road Traffic Acts 1961 to 2010

to produce his or her driving licence or learner permit to the court by

Road Traffic Act 2002

(12/2002), s. 22(1), as amended (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 63, S.I. No. 543 of 2011.

E7

Power granted to member of the Garda Síochána to require the production of a driving licence where he or she has reasonable grounds

for believing that a mechanically propelled vehicle may have been involved in an offence

under collectively cited

Road Traffic Acts 1961 to 2010

(28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 61, S.I. No. 543 of 2011.

E8

Power granted to member of the Garda Síochána who is of the opinion that a person in charge of a vehicle in a public place has

committed or is committing an offence under collectively cited

Road Traffic Acts 1961 to 2010

to require that the person provide a specimen of his or her breath by exhaling into

an apparatus for indicating the presence of alcohol in the breath (28.10.2011) by

Road Traffic Act 2010

(25/2010), s. 9, as amended (28.10.2011) by

Road Traffic (No. 2) Act 2011

(28/2011), s. 7, S.I. No. 542 of 2011.

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Regulations to give effect to acts of European Communities.

3. Prohibition on holding mobile phone by driver of mechanically propelled vehicle,

etc.

4. Mandatory alcohol testing.

5.

Fixed charge and disqualification for certain drink driving offences.

(Repealed)

6.

Consequential disqualification orders.

(Repealed)

7. Removal of disqualification.

8. Recognition of foreign driving licences.

9. Theory test certificate.

10. Regulations relating to driving licences, learner permits and certificates of

competency and fitness.

11. Learner permit.

12. Driving without driving licence.

13.

Requirement to carry driving licence while driving vehicle.

(Repealed)

14.

Fixed charge offences.

(Repealed)

15. Amendment of Act of 1975 (Traffic Wardens).

16. Penalty point offences.

17.

Evidence in relation to certain offences.

(Repealed)

18. Increase of certain penalties.

19. Detention of vehicles.

20. False declaration.

21.

Taxis — mandatory disqualification.

(Repealed)

22. Repeals.

23. Short title, commencement, collective citation and construction.

Number

23

of

2006