(LRC Revised)

Number 25 of 2010

ROAD TRAFFIC ACT 2010

REVISED

Updated to 1 January 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 2010

. 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

National Training Fund (Amendment) Act 2025

(21/2025), enacted 23 December 2025 and all statutory instruments up to and

including the

European Union (Restrictive Measures concerning Iraq) Regulations 2026

(S.I. No. 1 of 2026), made 6 January 2026, 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

25

of

2010

ROAD TRAFFIC ACT 2010

REVISED

Updated to 1 January 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

PART 2

Intoxicated Driving Offences

Chapter 1

General

3. Interpretation —

Part 2

.

Chapter 2

Intoxicated driving offences

4. Prohibition on driving mechanically propelled vehicle while under influence of

intoxicant or if exceeding alcohol limits.

5. Prohibition on being in charge of mechanically propelled vehicle while under influence

of intoxicant or if exceeding alcohol limits.

6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence

of intoxicant.

7. Power of entry.

Chapter 3

Roadside breath and impairment testing

8. Procedure in relation to person required to undergo breath test who cannot produce

his or her driving licence.

8A. Alternative verdicts.

9. Obligation to provide preliminary breath specimen.

10. Mandatory alcohol testing.

11. Preliminary impairment testing.

Chapter 4

Procedure in relation to providing specimen at Garda Síochána station, etc.

12. Obligation to provide breath, blood or urine specimens following arrest under

Part 2

.

13. Procedure following provision of breath specimen under

section 12

.

13A. Obligation to provide oral fluid specimen following arrest under

Part 2

.

13B. Obligation to provide blood specimen where suspected of certain offences involving

drugs.

14. Obligation to provide blood or urine specimen while in hospital.

15. Procedure regarding taking of specimens of blood and provisions of specimens of

urine.

16. Detention of intoxicated drivers where a danger to selves or others.

17. Procedure at Bureau regarding specimens.

17A. Permission following taking of blood sample from unconscious driver.

Chapter 5

Evidential matters, etc.

18. Provisions regarding certain evidence in prosecutions under

section 4

or

5

.

19. Written statement by member of Garda Síochána in respect of requirement under

section 12(1)

.

20. Provisions regarding certain evidence in proceedings under

Part 2

.

21. Costs of prosecutions under

Part 2

.

22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens

of breath.

23. Bar to certain defence to charges under

section 4(1)

,

5(1)

or

6(1)

.

Chapter 6

Medical examination at Garda Síochána station or hospital

24. Medical examination at Garda Síochána station or hospital.

25. Evidential matters.

Chapter 7

Functions of Bureau

26. Functions of Bureau.

27. Protection of Director, etc., against legal proceedings.

28. Functions of Director.

Chapter 8

Fixed penalty notice — drink driving

29. Fixed penalty notice — drink driving.

Chapter 9

Transitional measures

30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

31. Amendment of section 39(2) of Act of 1994 — power of entry.

32. Amendment of section 5 of Act of 2006 — fixed disqualification notice.

(repealed)

Chapter 10

Repeals (Part 2)

33. Repeals —

Part 2

.

PART 3

Fixed Charge Offences and Notice

34. Fixed charge offences.

35. Fixed charge notice — service.

36. Fixed charge notice — form.

37. Payment of fixed charge.

38. Presumptions.

39. Regulations — information regarding drivers of mechanically propelled vehicles.

40. Offences in relation to fixed charge notices.

41. Regulations — fixed charge amounts.

42. Traffic wardens.

43. Outsourcing.

44. Payment of fixed charge on service of summons.

45. Offence by body corporate.

46. Fixed charge notice — traffic wardens.

47. Interpretation.

48. Transitional

measure — onus of proof in respect of named driver and discharge duties of

registered owner — section 103(4) of Principal Act.

(Repealed)

49. Repeals —

Part 3

.

49A. Fixed charge offences - transitional provisions.

PART 4

Payment Deposit

50. Payment deposit from non-resident drivers in respect of certain alleged offences.

51. Prosecution

in absentia

.

52. Regulations (

Part 4

).

PART 5

Penalty Points

53. Penalty points — endorsement of points.

(repealed)

54. Amendment of First Schedule to Act of 2002 — penalty points.

55. Probation of Offenders Act 1907 not to apply to penalty point offences.

PART 6

Driving Licence

56. Definitions — driving licence.

57. Matters relating to issue of Irish driving licences and learner permits.

58. Prohibition on applying for Irish driving licence or learner permit where disqualified.

59. Production of driving licence on demand of member of Garda Síochána.

60. Member of Garda Síochána may seize licence in certain circumstances.

61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.

62. Obligation to give current address to member of Garda Síochána.

63. Production of driving licence to court.

PART 7

Disqualification

64. Disqualification for holding driving licence.

65. Consequential disqualification orders.

66. Transitional

provision — consequential disqualification orders.

67. Amendment of section 29 of Principal Act — removal of disqualification and repeal.

68. Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.

PART 8

Certain Driving Offences

69.

Inconsiderate, careless and dangerous driving, etc.

(Repealed)

70. Repeals

—

Part 8

.

(Repealed)

PART 9

Miscellaneous

71. Definitions — Principal Act.

72. Driving or being in charge of a substantially disabled mechanically propelled

vehicle.

73. Production of certificate of insurance or guarantee.

74. Signature of applicant — driving licence, etc.

75. Production of test certificate when licensing mechanically propelled vehicle under

section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

76. Amendment of section 47 of Principal Act — offence of exceeding speed limit.

77. Vehicle insurers to provide details of motor insurance policies.

78. Regulatory signs.

79. Duty to give information on demand by member of Garda Síochána.

80. Right to demand name and address, etc., of pedal cyclist.

81. Evidence in relation to speeding and certain other offences.

82. Cost of prosecutions — road traffic offences.

83. Functions of Commissioner of Garda Síochána.

84. Amendment of section 15 of Act of 1968 — increase in certain penalties.

85. Regulations — control of driving instructors.

86. Special speed limits.

87. Exemptions for emergency vehicles.

88. Penalty — supply of mechanically propelled vehicle to minor.

89. Display of local authority permits.

90. Detention of vehicles.

91. Repeal.

92. Certificates of competency — display of tax disc and test certificate.

Schedule

Acts Referred to

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Act 1956

1956, No. 46

Company Law Enforcement Act 2001

2001, No. 28

Courts (No. 3) Act 1986

1986, No. 33

Criminal Justice (Mutual Assistance) Act 2008

2008, No. 7

Dublin Transport Authority Act 2008

2008, No. 15

European Communities Act 1972

1972, No. 27

Finance Act 1976

1976, No. 16

Finance Act 1992

1992, No. 9

Finance Act 1993

1993, No. 13

Finance Act 1994

1994, No. 13

Finance (Excise Duties) (Vehicles) Act 1952

1952, No. 24

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Freedom of Information (Amendment) Act 2003

2003, No. 9

Garda Síochána Act 2005

2005, No. 20

Licensing Act 1872

1872, c. 94

Local Authorities (Traffic Wardens) Act 1975

1975, No. 14

Local Government Act 2001

2001, No. 37

Medical Practitioners Act 2007

2007, No. 25

Nurses Act 1985

1985, No. 18

Offences against the Person Act 1861

1861, c. 100

Petty Sessions (Ireland) Act 1851

1851, c. 93

Probation of Offenders Act 1907

1907, c. 17

Railway Safety Act 2005

2005, No. 31

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 Act 2006

2006, No. 23

Road Traffic and Transport Act 2006

2006, No. 28

Road Transport Act 1933

1933, No. 8

Road Transport Act 1986

1986, No. 16

Roads Act 1920

1920, c. 72

Roads Act 2007

2007, No. 34

Social Welfare Consolidation Act 2005

2005, No. 26

Taxi Regulation Act 2003

2003, No. 25

Number

25

of

2010

ROAD TRAFFIC ACT 2010

REVISED

Updated to 1 January 2026

AN ACT TO AMEND AND EXTEND THE ROAD

TRAFFIC ACTS 1961 TO 2007.

[20

th July

, 2010]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Modifications (not altering text)

C1

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.

]

C2

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

...

C3

Functions transferred and references to “Department of

Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

operation as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

...

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 25 of 2010

Road Traffic Act 2010

Sections 29(13)(b), 37(1)(b), 42(1)(b) and 44(6)

...

...

...

C4

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.

...

C5

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.

C6

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,

...

]

C7

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.

C8

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.

...

C9

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

Road Safety Authority granted power to consider any convictions under collectively

cited

Road Traffic Acts 1961 to 2011

in determining a risk rating in relation to

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 39(3)(a)-(d) (10.09.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 39(4)(e), S.I. No. 349 of 2013.

E2

Collectively cited

Road Traffic Acts 1961 to 2010

included in

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I.

No. 477 of 2011), sch. 2 (21.09.2011) by

European Communities (Birds and

Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), in operation as

per reg. 1(3).

E3

Obligation to provide breath specimen by person in charge of a mechanically propelled

vehicle in a public place who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under collectively cited

Road Traffic Acts 1961 to 2011

provided by

Road Traffic Act 1994

(7/1994), s. 12, as substituted (1.06.2011) by

Road Traffic Act 2011

(7/2011), s. 2, S.I. No. 253 of 2011.

E4

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).

E5

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.

E6

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).

Annotations

Modifications (not altering text)

C1

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.

]

C2

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

...

C3

Functions transferred and references to “Department of

Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

operation as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

...

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 25 of 2010

Road Traffic Act 2010

Sections 29(13)(b), 37(1)(b), 42(1)(b) and 44(6)

...

...

...

C4

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.

...

C5

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.

C6

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,

...

]

C7

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.

C8

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.

...

C9

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

Road Safety Authority granted power to consider any convictions under collectively

cited

Road Traffic Acts 1961 to 2011

in determining a risk rating in relation to

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 39(3)(a)-(d) (10.09.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(16/2012), s. 39(4)(e), S.I. No. 349 of 2013.

E2

Collectively cited

Road Traffic Acts 1961 to 2010

included in

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I.

No. 477 of 2011), sch. 2 (21.09.2011) by

European Communities (Birds and

Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), in operation as

per reg. 1(3).

E3

Obligation to provide breath specimen by person in charge of a mechanically propelled

vehicle in a public place who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under collectively cited

Road Traffic Acts 1961 to 2011

provided by

Road Traffic Act 1994

(7/1994), s. 12, as substituted (1.06.2011) by

Road Traffic Act 2011

(7/2011), s. 2, S.I. No. 253 of 2011.

E4

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).

E5

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.

E6

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).

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

PART 2

Intoxicated Driving Offences

Chapter 1

General

3. Interpretation —

Part 2

.

Chapter 2

Intoxicated driving offences

4. Prohibition on driving mechanically propelled vehicle while under influence of

intoxicant or if exceeding alcohol limits.

5. Prohibition on being in charge of mechanically propelled vehicle while under influence

of intoxicant or if exceeding alcohol limits.

6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence

of intoxicant.

7. Power of entry.

Chapter 3

Roadside breath and impairment testing

8. Procedure in relation to person required to undergo breath test who cannot produce

his or her driving licence.

8A. Alternative verdicts.

9. Obligation to provide preliminary breath specimen.

10. Mandatory alcohol testing.

11. Preliminary impairment testing.

Chapter 4

Procedure in relation to providing specimen at Garda Síochána station, etc.

12. Obligation to provide breath, blood or urine specimens following arrest under

Part 2

.

13. Procedure following provision of breath specimen under

section 12

.

13A. Obligation to provide oral fluid specimen following arrest under

Part 2

.

13B. Obligation to provide blood specimen where suspected of certain offences involving

drugs.

14. Obligation to provide blood or urine specimen while in hospital.

15. Procedure regarding taking of specimens of blood and provisions of specimens of

urine.

16. Detention of intoxicated drivers where a danger to selves or others.

17. Procedure at Bureau regarding specimens.

17A. Permission following taking of blood sample from unconscious driver.

Chapter 5

Evidential matters, etc.

18. Provisions regarding certain evidence in prosecutions under

section 4

or

5

.

19. Written statement by member of Garda Síochána in respect of requirement under

section 12(1)

.

20. Provisions regarding certain evidence in proceedings under

Part 2

.

21. Costs of prosecutions under

Part 2

.

22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens

of breath.

23. Bar to certain defence to charges under

section 4(1)

,

5(1)

or

6(1)

.

Chapter 6

Medical examination at Garda Síochána station or hospital

24. Medical examination at Garda Síochána station or hospital.

25. Evidential matters.

Chapter 7

Functions of Bureau

26. Functions of Bureau.

27. Protection of Director, etc., against legal proceedings.

28. Functions of Director.

Chapter 8

Fixed penalty notice — drink driving

29. Fixed penalty notice — drink driving.

Chapter 9

Transitional measures

30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

31. Amendment of section 39(2) of Act of 1994 — power of entry.

32. Amendment of section 5 of Act of 2006 — fixed disqualification notice.

(repealed)

Chapter 10

Repeals (Part 2)

33. Repeals —

Part 2

.

PART 3

Fixed Charge Offences and Notice

34. Fixed charge offences.

35. Fixed charge notice — service.

36. Fixed charge notice — form.

37. Payment of fixed charge.

38. Presumptions.

39. Regulations — information regarding drivers of mechanically propelled vehicles.

40. Offences in relation to fixed charge notices.

41. Regulations — fixed charge amounts.

42. Traffic wardens.

43. Outsourcing.

44. Payment of fixed charge on service of summons.

45. Offence by body corporate.

46. Fixed charge notice — traffic wardens.

47. Interpretation.

48. Transitional

measure — onus of proof in respect of named driver and discharge duties of

registered owner — section 103(4) of Principal Act.

(Repealed)

49. Repeals —

Part 3

.

49A. Fixed charge offences - transitional provisions.

PART 4

Payment Deposit

50. Payment deposit from non-resident drivers in respect of certain alleged offences.

51. Prosecution

in absentia

.

52. Regulations (

Part 4

).

PART 5

Penalty Points

53. Penalty points — endorsement of points.

(repealed)

54. Amendment of First Schedule to Act of 2002 — penalty points.

55. Probation of Offenders Act 1907 not to apply to penalty point offences.

PART 6

Driving Licence

56. Definitions — driving licence.

57. Matters relating to issue of Irish driving licences and learner permits.

58. Prohibition on applying for Irish driving licence or learner permit where disqualified.

59. Production of driving licence on demand of member of Garda Síochána.

60. Member of Garda Síochána may seize licence in certain circumstances.

61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.

62. Obligation to give current address to member of Garda Síochána.

63. Production of driving licence to court.

PART 7

Disqualification

64. Disqualification for holding driving licence.

65. Consequential disqualification orders.

66. Transitional

provision — consequential disqualification orders.

67. Amendment of section 29 of Principal Act — removal of disqualification and repeal.

68. Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.

PART 8

Certain Driving Offences

69.

Inconsiderate, careless and dangerous driving, etc.

(Repealed)

70. Repeals

—

Part 8

.

(Repealed)

PART 9

Miscellaneous

71. Definitions — Principal Act.

72. Driving or being in charge of a substantially disabled mechanically propelled

vehicle.

73. Production of certificate of insurance or guarantee.

74. Signature of applicant — driving licence, etc.

75. Production of test certificate when licensing mechanically propelled vehicle under

section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

76. Amendment of section 47 of Principal Act — offence of exceeding speed limit.

77. Vehicle insurers to provide details of motor insurance policies.

78. Regulatory signs.

79. Duty to give information on demand by member of Garda Síochána.

80. Right to demand name and address, etc., of pedal cyclist.

81. Evidence in relation to speeding and certain other offences.

82. Cost of prosecutions — road traffic offences.

83. Functions of Commissioner of Garda Síochána.

84. Amendment of section 15 of Act of 1968 — increase in certain penalties.

85. Regulations — control of driving instructors.

86. Special speed limits.

87. Exemptions for emergency vehicles.

88. Penalty — supply of mechanically propelled vehicle to minor.

89. Display of local authority permits.

90. Detention of vehicles.

91. Repeal.

92. Certificates of competency — display of tax disc and test certificate.

Schedule