(LRC Revised)

Number 21 of 2016

ROAD TRAFFIC ACT 2016

REVISED

Updated to 21 November 2024

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 2016

. 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

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory instruments up to and including

the

Road Traffic Act 2016 (Section 4) (Manner of Notification) Regulations 2024

(S.I. No. 652 of 2024), made 21 November 2024, 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

21

of

2016

ROAD TRAFFIC ACT 2016

REVISED

Updated to 21 November 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction

2. Definitions

PART 2

Register of Written-Off Vehicles

3. Definition - Part 2

4. Vehicle insurer obligations

5. Offence of failure to notify

6. Publication of information provided by vehicle insurers

PART 3

Intoxicated Driving Offences - Driving Under the Influence of Drugs

7. Amendment of section 3(1) of Act of 2010 - definitions

8. Amendment of sections 4 and 5 of Act of 2010 - offences involving certain drugs

9. Amendment of section 7(a) of Act of 2010 - power of entry

10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral

fluid specimen

11. Mandatory intoxicant testing

12. Impairment testing

13. Amendment of Act of 2010 - obligation to provide specimens in relation to certain

offences involving drugs

14. Amendment of section 17(1) of Act of 2010 - analysis of specimen by Bureau

15. Amendment of section 18 of Act of 2010 - provisions regarding certain evidence

in prosecutions - presumption

16. Amendment of section 19(1) of Act of 2010 - written statement by member of Garda

Síochána

17. Amendment of section 20 of Act of 2010 - presumptions relating to designated doctor

or nurse

18. Amendment of section 21(1) of Act of 2010 - costs of prosecutions

19. Amendment of section 22 of Act of 2010 - defence to refusal to permit taking of

specimen of blood

20. Amendment of section 26 of Act of 2010 - functions of Bureau

21. Amendment of section 26 of Principal Act - consequential disqualification

PART 4

Speed Limits

22. Amendment of section 9 of Road Traffic Act 2004 - special speed limits

PART 5

Amendment of Part 3 of the Road Traffic Act 2010

23. Fixed charge offences

24. Amendment of section 35 of Act of 2010 - fixed charge notice - service

25. Amendment of section 36 of Act of 2010 - fixed charge notice - form

26. Amendment of section 37 of Act of 2010 - payment of fixed charge

27. Payment of fixed charge notice on service of summons

28. Interpretation

29. Fixed charge offences - transitional provisions

PART 6

Miscellaneous Amendments - Road Traffic Acts 1961 to 2015

30. Amendment of section 78A of Principal Act - details of motor insurance policies

to be provided

31. Regulation of Rickshaws

32. Amendment of section 107 of Principal Act - obligation on cyclists to give name

and address etc. on demand to member of Garda Síochána

33. Amendment of section 22 of Road Traffic Act 2002

34. Amendment of First Schedule to Road Traffic Act 2002 - penalty points

35. Amendment of Part 4 of First Schedule to Road Traffic Act 2002 - penalty points

36. Amendment of Part 3 of Act of 2010 - fixed charge offences

37. Amendment of section 4 of Vehicle Clamping Act 2015

38. Amendment of section 50 of Act of 2010 - payment deposit

39. Learner Driver driving unaccompanied (Owner)

(Repealed)

PART 7

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and

the United Kingdom of Great Britain and Northern Ireland

40. Disqualification pursuant to Agreement between State and United Kingdom

41. Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002

SCHEDULE

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and

the United Kingdom of Great Britain and Northern Ireland

Acts Referred to

Civil Service Commissioners Act 1956

(No. 45)

Courts (No. 3) Act 1986

(No. 33)

European Communities Act 1972

(No. 27)

Finance Act 1976

(No. 16)

Finance Act 1992

(No. 9)

Petty Sessions (Ireland) Act 1851

(14 & 15 Vict., c. 93)

Probation of Offenders Act 1907

(7 Edw. 7 c. 17)

Public Service Management (Recruitment and Appointments) Act 2004

(No. 33)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(No. 16)

Road Traffic (No. 2) Act 2011

(No. 28)

Road Traffic Act 1961

(No. 24)

Road Traffic Act 2002

(No. 12)

Road Traffic Act 2004

(No. 44)

Road Traffic Act 2010

(No. 25)

Road Traffic Act 2014

(No. 3)

Road Traffic Acts 1961 to 2015

Road Transport Act 1933

(No. 8)

Roads Act 2007

(No. 34)

Roads Acts 1993 to 2015

Taxi Regulation Act 2013

(No. 37)

Vehicle Clamping Act 2015

(No. 13)

Number

21

of

2016

ROAD TRAFFIC ACT 2016

REVISED

Updated to 21 November 2024

An Act to amend and extend the Road Traffic Acts 1961 to 2015, to amend the

Vehicle Clamping Act 2015

, to give effect to the Agreement on the Mutual Recognition of Driving Disqualifications

between the State and the United Kingdom done at Dublin on 30 October 2015 and to

provide for related matters.

[27

th December

, 2016]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction

2. Definitions

PART 2

Register of Written-Off Vehicles

3. Definition - Part 2

4. Vehicle insurer obligations

5. Offence of failure to notify

6. Publication of information provided by vehicle insurers

PART 3

Intoxicated Driving Offences - Driving Under the Influence of Drugs

7. Amendment of section 3(1) of Act of 2010 - definitions

8. Amendment of sections 4 and 5 of Act of 2010 - offences involving certain drugs

9. Amendment of section 7(a) of Act of 2010 - power of entry

10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral

fluid specimen

11. Mandatory intoxicant testing

12. Impairment testing

13. Amendment of Act of 2010 - obligation to provide specimens in relation to certain

offences involving drugs

14. Amendment of section 17(1) of Act of 2010 - analysis of specimen by Bureau

15. Amendment of section 18 of Act of 2010 - provisions regarding certain evidence

in prosecutions - presumption

16. Amendment of section 19(1) of Act of 2010 - written statement by member of Garda

Síochána

17. Amendment of section 20 of Act of 2010 - presumptions relating to designated doctor

or nurse

18. Amendment of section 21(1) of Act of 2010 - costs of prosecutions

19. Amendment of section 22 of Act of 2010 - defence to refusal to permit taking of

specimen of blood

20. Amendment of section 26 of Act of 2010 - functions of Bureau

21. Amendment of section 26 of Principal Act - consequential disqualification

PART 4

Speed Limits

22. Amendment of section 9 of Road Traffic Act 2004 - special speed limits

PART 5

Amendment of Part 3 of the Road Traffic Act 2010

23. Fixed charge offences

24. Amendment of section 35 of Act of 2010 - fixed charge notice - service

25. Amendment of section 36 of Act of 2010 - fixed charge notice - form

26. Amendment of section 37 of Act of 2010 - payment of fixed charge

27. Payment of fixed charge notice on service of summons

28. Interpretation

29. Fixed charge offences - transitional provisions

PART 6

Miscellaneous Amendments - Road Traffic Acts 1961 to 2015

30. Amendment of section 78A of Principal Act - details of motor insurance policies

to be provided

31. Regulation of Rickshaws

32. Amendment of section 107 of Principal Act - obligation on cyclists to give name

and address etc. on demand to member of Garda Síochána

33. Amendment of section 22 of Road Traffic Act 2002

34. Amendment of First Schedule to Road Traffic Act 2002 - penalty points

35. Amendment of Part 4 of First Schedule to Road Traffic Act 2002 - penalty points

36. Amendment of Part 3 of Act of 2010 - fixed charge offences

37. Amendment of section 4 of Vehicle Clamping Act 2015

38. Amendment of section 50 of Act of 2010 - payment deposit

39. Learner Driver driving unaccompanied (Owner)

(Repealed)

PART 7

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and

the United Kingdom of Great Britain and Northern Ireland

40. Disqualification pursuant to Agreement between State and United Kingdom

41. Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002

SCHEDULE

Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and

the United Kingdom of Great Britain and Northern Ireland

Number

21

of

2016