Road Traffic Act 2016
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: (1) This Act may be cited as the Road Traffic Act 2016.
(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
(3) The collective citation “The Road Traffic Acts 1961 to 2016” includes this Act and Part 5 of the Vehicle Clamping Act 2015 .
num: 2
paragraphs: In this Act—
“Act of 2010” means Road Traffic Act 2010 ;
“Principal Act” means Road Traffic Act 1961 .
num: 3
paragraphs: In this Part “vehicle insurer” has the meaning assigned to it in section 58 of the Road Traffic Act 1961 .
num: 4
paragraphs: (1) A vehicle insurer, who as a result of an inspection of a mechanically propelled vehicle determines that such vehicle is defective to the extent that it is—
(a) when in motion, a danger to the public, and
(b) beyond repair,
shall notify the Minister in accordance with subsection (2) within 5 working days of such inspection.
(2) When an insurer notifies the Minister under subsection (1) it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.
(3) A notification under this section shall be dated and shall include the following:
(a) the registration number (if any) of the vehicle;
(b) the make, model and body type of the vehicle;
(c) the VIN, or vehicle identification number, of the vehicle, that is to say, the fixed combination of characters assigned to the vehicle by a manufacturer or its authorised distributor for vehicle identification purposes which is marked on the chassis, frame or other similar structure of the vehicle;
(d) the date on which the vehicle was inspected by, or on behalf of, the vehicle insurer;
(e) if the defect in the vehicle was the result of an event involving the vehicle which occurred in a public place, the date of that event and, if any insurance claim arose in relation to the vehicle’s involvement, the insurance company’s claim number in respect of that claim.
(4) The Minister may make regulations prescribing the manner in which a notification under subsection (2) shall be made including, in particular, whether it is to be made electronically or in hard-copy.
num: 5
paragraphs: (1) A vehicle insurer who fails to notify the Minister in accordance with section 4 or who notifies information to the Minister knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.
(2) Where an offence under this section is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of, or to have been attributable to the wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
num: 6
paragraphs: (1) The Minister may maintain records of information notified to him or her under section 4 and may, after consultation with any other person or body that the Minister considers appropriate, for the purposes of increasing road safety, publish or share a part or all of such records.
(2) The Minister may make regulations prescribing the manner in which records shall be published or shared under this section and, in particular, prescribing fees to cover the administrative cost of such publication or sharing.
num: 7
paragraphs: Section 3(1) of the Act of 2010 is amended—
(a) by substituting for the definition of “analysis” the following:
num: 8
paragraphs: The Act of 2010 is amended—
(a) in section 4, by inserting after subsection (1) the following:
num: 9
paragraphs: Section 7(a) of the Act of 2010 is amended by substituting “section 9(2), 9(2A) or 10(4) ” for “section 9(2) or 10(4)”.
num: 10
paragraphs: Section 9 (as inserted by section 7 of the Road Traffic (No. 2) Act 2011 ) of the Act of 2010 is amended—
(a) in subsection (1)(a) by substituting “an intoxicant” for “intoxicating liquor”,
(b) by substituting for subsection 2(b) the following:
“(b) to accompany him or her, or another member of the Garda SÃ­ochÃ¡na, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by him or her or that other member, or”,
(c) by inserting after subsection (2) the following:
“(2A) A member of the Garda SÃ­ochÃ¡na may require a person referred to in subsection (1) —
(a) to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member,
(b) to accompany him or her, or another member of the Garda SÃ­ochÃ¡na, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member, or
(c) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda SÃ­ochÃ¡na (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member.
(2B) Where a member of the Garda SÃ­ochÃ¡na makes a requirement under subsection (2A), the member may request the person of whom the requirement is made to produce for inspection any medical certificate of exemption referred to in section 4(1B) or 5(1B) which he or she holds.”,
and
(d) by inserting after subsection (5) the following:
“(5A) In a prosecution for an offence under section 4 or 5 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.”.
num: 11
paragraphs: The Act of 2010 is amended by substituting for section 10 the following:
“10. (1) In this section—
‘authorisation’ means an authorisation under subsection (2) to establish a checkpoint;
‘checkpoint’ means a checkpoint established under an authorisation.
(2) A member of the Garda SÃ­ochÃ¡na, not below the rank of inspector, may, for the purposes of section 4 authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda SÃ­ochÃ¡na may exercise the powers under subsection (4).
(3) An authorisation shall be in writing and shall specify—
(a) the date on which, and the public place in which, the checkpoint is to be established, and
(b) the hours at any time between which it may be operated.
(4) A member of the Garda SÃ­ochÃ¡na, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the functions under section 9) conferred on him or her by statute or at common law, may require a person in charge of the vehicle to do one or more of the following:
(a) to provide a specimen of his or her breath (by exhaling into an apparatus for indicating the presence of alcohol in the breath) in the manner indicated by the member;
(b) to provide a specimen of his or her oral fluid (by collecting a specimen of oral fluid from his or her mouth using an apparatus for indicating the presence of drugs in oral fluid) in the manner indicated by the member;
(c) to accompany him or her or another member of the Garda SÃ­ochÃ¡na to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide a specimen of his or her breath, as specified in paragraph (a), a specimen of his or her oral fluid, as specified in paragraph (b), or both, in the manner indicated by him or her or that other member;
(d) to—
(i) leave the vehicle at the place where it has been stopped, or
(ii) move it to a place in the vicinity of the checkpoint,
and to keep or leave it there until the person has complied with a requirement made of him or her under any of paragraphs (a), (b) and (c).
(5) A member of the Garda SÃ­ochÃ¡na for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement.
(6) A person who—
(a) refuses or fails to comply immediately with a requirement under subsection (4) (other than subsection (4)(d)(ii)) or such a requirement in a manner indicated by a member of the Garda SÃ­ochÃ¡na under subsection (5), or
(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(d)(ii) or such a requirement in a manner indicated by a member of the Garda SÃ­ochÃ¡na under subsection (5),
commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.
(7) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
(8) Where a member of the Garda SÃ­ochÃ¡na requires a person to provide a specimen of oral fluid under this section, the member may request the person of whom the requirement is made to produce for inspection any medical exemption certificate referred to in section 4(1B) or 5(1B) which he or she holds.
(9) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.
(10) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.
(11) An authorisation or a copy expressing itself to be such authorisation shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2016 of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it.”.
num: 12
paragraphs: The Act of 2010 is amended by substituting the following for section 11:
“11. (1) Where a member of the Garda SÃ­ochÃ¡na is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda SÃ­ochÃ¡na, to a place at, or in the vicinity of, the public place concerned and there to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.
(2) Where a person is arrested under—
(a) section 4(8), 5(10), 9(4), or 10(7) of this Act, or
(b) section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act,
having driven, attempted to drive, or been in charge of a mechanically propelled vehicle, a member of the Garda SÃ­ochÃ¡na may, within 3 hours after the person so driving, attempting to drive or being in charge of the vehicle, at a Garda SÃ­ochÃ¡na station, require the person to perform impairment tests in accordance with regulations made under this section for the purpose of assessing whether or not the person’s ability to drive is impaired.
(3) Evidence obtained under subsection (1) or (2) that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of a mechanically propelled vehicle.
(4) For the purposes of subsections (1) and (2) the Minister may prescribe—
(a) the kinds of impairment tests that may be required to be performed,
(b) the manner in which such a test may be administered,
(c) instructions to be given to a person performing such a test,
(d) the kind of observation of physical state that may be made in the course of such a test,
(e) the inferences that may be drawn from observations made in the course of such a test, and
(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.
(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.
(6) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section consisting of failing to comply with a requirement under subsection (1).
(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”.
num: 13
paragraphs: The Act of 2010 is amended by inserting after section 13 the following:
“Obligation to provide oral fluid specimen following arrest under Part 2
13A. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda SÃ­ochÃ¡na is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda SÃ­ochÃ¡na station or hospital, require the person to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member.
(2) A person who refuses or fails to comply immediately with a requirement of a member of the Garda SÃ­ochÃ¡na under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.
(3) In a prosecution for an offence under this Part it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.
(4) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
Obligation to provide blood specimen where suspected of certain offences involving drugs
13B. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda SÃ­ochÃ¡na, having carried out—
(a) a preliminary oral fluid test under section 9(2A) or 10(4),
(b) impairment tests under section 11, or
(c) an oral fluid test under section 13A,
is of the opinion that the person has committed an offence under section 4 consisting of a contravention of subsection (1A) of that section or an offence under section 5(1A) the member may, at a Garda SÃ­ochÃ¡na station or hospital, require the person to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood.
(2) Subject to section 22, a person who, following a requirement under subsection (1) —
(a) refuses or fails to comply with the requirement, or
(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood under that subsection,
commits an offence.
(3) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.
(4) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”.
num: 14
paragraphs: Section 17 of the Act of 2010 is amended by substituting for subsection (1) the following:
“17. (1) As soon as practicable after it has received a specimen forwarded to it under section 15, the Bureau shall analyse the specimen and may determine, as appropriate, all or any of the following:
(a) the concentration of alcohol in the specimen;
(b) the presence of a drug or drugs in the specimen;
(c) the concentration of a drug or drugs in the specimen.”.
num: 15
paragraphs: Section 18 of the Act of 2010 is amended—
(a) by substituting for subsection (1) the following—
“(1) On the hearing of a charge for an offence under section 4 or 5 it shall not be necessary to show that the defendant had not consumed an intoxicant after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12, 13B or 14.”,
(b) by inserting after subsection (2) the following:
num: 16
paragraphs: Section 19(1) of the Act of 2010 is amended by substituting “under section 12(1), 13B(1), 14(1) or 14(3A)” for “under section 12(1) or 14(1) or (3A)” in both places where it occurs.
num: 17
paragraphs: Section 20 of the Act of 2010 is amended by substituting for subsections (4) and (5) the following:
“(4) In a prosecution for an offence under section 4, 5, 12, 13B or 14 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse:
(a) a person who by virtue of powers conferred on him or her by Chapter 4 took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine;
(b) a person for whom, following a requirement under section 12(1), 13B(1) or 14(1) to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen;
(c) a person for whom, following a requirement under section 12(1) or 14(1) to provide for him or her a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen.
(5) Where, under section 12, 13B or 14, a designated doctor or designated nurse states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor shall, in any proceedings under the Road Traffic Acts 1961 to 2016, be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.”.
num: 18
paragraphs: Section 21(1) of the Act of 2010 is amended by substituting “under section 4, 5, 12, 13B, 14 or 17A” for “under section 4, 5, 12, 14 or 17A”.
num: 19
paragraphs: Section 22 of the Act of 2010 is amended by inserting after subsection (4) the following:
“(4A) In a prosecution of a person for an offence under section 13B for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure.”.
num: 20
paragraphs: Section 26 of the Act of 2010 is amended—
(a) in subsection (2) —
(i) by substituting for paragraph (b) the following:
“(b) the determination, in respect of such specimens, of—
(i) the concentration of alcohol in the blood or urine,
(ii) the presence (if any) of a drug or drugs in the blood or urine, and
(iii) the concentration of a drug or drugs present in the blood,”,
(ii) in paragraph (e), by substituting “in the breath,” for “in the breath.”, and
(iii) by inserting after paragraph (e) the following:
“(f) the approval of apparatus for indicating the presence of drugs in oral fluid.”,
and
(b) by substituting for subsection (4) the following:
“(4) The Bureau may—
(a) arrange for the supply and testing of—
(i) apparatus for indicating the presence of alcohol, and
(ii) apparatus for determining the concentration of alcohol,
in the breath,
(b) arrange for the supply and testing of apparatus for indicating the presence of drugs in oral fluid, and
(c) give such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research referred to in subsection (3).”.
num: 21
paragraphs: (1) The Principal Act is amended—
(a) in section 26(4)(a) (as amended by section 13 of the Road Traffic Act 2014 ), by substituting for subparagraph (v) the following:
“(v) section 12, 13B, 14 or 17A of the Road Traffic Act 2010 , or”,
(b) by inserting after section 26(4)(b) (as amended by section 50 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012) the following:
“(ba) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1A) of that section or an offence under subsection (1A) of section 5 of that Act, be—
(i) not less than 1 year, in the case of a first offence under the section concerned, and
(ii) not less than 2 years, in the case of—
(I) a second or subsequent offence under the same section, or
(II) a first offence under that section, where the person has been previously convicted of an offence under the other section.”,
and
num: 22
paragraphs: Section 9 (2) (as amended by section 86 of the Act of 2010) of the Road Traffic Act 2004 is amended by substituting for paragraph (a) the following:
“(a) (i) 20 kilometres per hour,
(ii) 30 kilometres per hour, and
(iii) 40 kilometres per hour,
in respect of a road or roads in accordance with guidelines issued by the Minister under this section,”.
num: 23
paragraphs: The Act of 2010 is amended by substituting the following for section 34:
“34. (1) This Part applies in respect of fixed charge offences.
(2) For the purposes of this Part, any of the following offences, committed after this section comes into operation, is a fixed charge offence:
(a) a summary offence under the Road Traffic Acts 1961 to 2016 declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;
(b) a summary offence under the Roads Acts 1993 to 2015 declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;
(c) an offence which may only be tried summarily under the Road Transport Act 1933 (or any Act construed as one with it) declared by the Minister by regulations to be a fixed charge offence;
(d) an offence which may only be tried summarily under any regulation providing for the carriage of goods or passengers by road or the harmonisation of legislation relating to road transport made under the European Communities Act 1972 declared by the Minister by regulations to be a fixed charge offence;
(e) an offence under Part 3 of the Taxi Regulation Act 2013 , other than an offence punishable under section 20(4)(a) of that Act, declared by the Minister by regulations to be a fixed charge offence;
(f) an offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (other than an offence referred to in section 41 of that Act) declared by the Minister by regulations to be a fixed charge offence;
(g) an offence under Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 );
(h) an offence under Regulation 5, 6, 7, 8 or 9 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006 );
(i) an offence under—
(i) section 73 of the Finance Act 1976 , and
(ii) section 139 of the Finance Act 1992 .
(3) The Minister may make regulations for the purposes of declaring an offence to be a fixed charge offence.”.
num: 24
paragraphs: Section 35 of the Act of 2010 is amended—
(a) in subsection (1), by substituting “the member shall serve” for “the member may serve” in both places it occurs,
(b) in subsection (3)(b)(i)(II) by substituting “subsection (1)” for “subsection (2) ”,
(c) in subsection (5)(a) (inserted by section 77 (1)(d) of the Taxi Regulation Act 2013 ) by substituting “section 34(2)(c) or section 34(2)(d)” for “section 34(b)”,
(d) in subsection (5)(b) (inserted by section 77 (1)(d) of the Taxi Regulation Act 2013 ) by substituting “section 34(2)(e) ” for “section 34(c)”, and
(e) in subsection (6)(a) by inserting “under subsection (1)(b)” after “such a vehicle”.
num: 25
paragraphs: Section 36 of the Act of 2010 is amended—
(a) in subsection (1)(e) by substituting “paragraph (b), (c) or (e)” for “paragraph (b) or (c)” and by deleting “(within that meaning)” in both places it occurs,
(b) in subsection (1A) (inserted by section 77 (1)(e) of the Taxi Regulation Act 2013 )—
(i) by substituting “referred to in section 34(2)(e)” for “declared under section 34(c) to be a fixed charge offence and”, and
(ii) by substituting “subsection (2) of section 35 of the Taxi Regulation Act 2013 ” for “subsection (2) of section 35”,
(c) in subsection (2)(c) by deleting “and”,
(d) by substituting for subsection (2)(d) the following:
“(d) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and”,
(e) by inserting after subsection (2)(d) the following:
“(e) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) and, if the person pays such amount proceedings in respect of the alleged offence will be discontinued.”,
(f) by inserting after subsection (3)(c) the following:
“(cc) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b),”,
(g) by substituting for subsection (3)(g) the following:
“(g) if the registered owner complies with section 35(6), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated,
(gg) if a summons has been served in respect of the alleged offence and, not later than 7 days before the day specified in the summons on which the person is required to appear in court, the person on whom the summons was served, makes a payment specified in the notice served with the summons, in accordance with that notice, the prosecution in respect of the alleged offence shall be discontinued,”,
and
(h) by deleting subsection (4).
num: 26
paragraphs: Section 37 of the Act of 2010 is amended—
(a) in subsection (1)(a), by substituting “either 28 day period” for “the period”,
(b) in subsection (1)(c)—
(i) by substituting “either 28 day period specified” for “the period specified”,
(ii) by substituting “during either such period” for “during the period so specified”, and
(iii) by deleting “in relation to the payment,”,
(c) by substituting for subsection (2) the following:
“(2) Subject to section 44, the payment of a fixed charge shall not be accepted after the expiration of the second 28 day period specified in the fixed charge notice.”.
num: 27
paragraphs: The Act of 2010 is amended by substituting for section 44 the following:
“44. (1) Where a member of the Garda SÃ­ochÃ¡na serves a person with a summons in respect of a fixed charge offence the member shall serve, or cause to be served, on the person, a notice under this section (‘section 44 notice’).
(2) A section 44 notice shall be served with, and in the same manner as, the summons in respect of the fixed charge offence to which the section 44 notice relates.
(3) A section 44 notice—
(a) shall be in the prescribed form,
(b) shall contain details of the manner of payment of a fixed charge,
(c) may specify the person to whom, and the place where, the payment is to be made and whether the payment is to be accompanied by the notice, duly completed, and
(d) if it relates to a penalty point offence shall—
(i) require such details of the driving licence or learner permit held by the person on whom it is served as specified in the notice, and
(ii) contain a statement to the effect that if the person on whom it is served pays the fixed charge or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person.
(4) A section 44 notice shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed an offence specified in the summons with which it is served,
(b) the person may, not later than 7 days before the date specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount stated in the notice in the manner specified in the notice,
(c) where the summons relates to a penalty point offence, if the person on whom it is served makes a payment in accordance with paragraph (b) or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person, and
(d) if the person pays the fixed charge no proceedings in respect of the alleged offence will be continued and the person need not attend the court on the day specified in the summons.
(5) The fixed charge amount stated in a section 44 notice shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 35, in respect of the fixed charge offence to which it relates.
(6) Where a section 44 notice is served the person to whom it applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice.
(7) A payment under this section—
(a) may be received only within the period referred to in subsection (4)(b) and in accordance with the section 44 notice, and
(b) is not recoverable by the persons paying it.
(8) The person receiving a payment under this section may issue a receipt for it.
(9) Where a person who has been served with a summons accompanied by a section 44 notice makes a payment of a fixed charge in accordance with the notice, proceedings in respect of the alleged offence to which the notice relates shall be discontinued.
(10) Where a person is served with a summons accompanied by a section 44 notice in respect of a fixed charge offence, it shall not be a defence for the person served with the summons to show that he or she was not served with a fixed charge notice in respect of the alleged offence in accordance with section 35.
(11) In this section ‘summons’ means a summons issued under—
(a) section 10 of the Petty Sessions (Ireland) Act 1851 , or
(b) the Courts (No. 3) Act 1986 ”.
num: 28
paragraphs: The Act of 2010 is amended by substituting for section 47 the following:
“47. (1) In this Part—
‘entry’ has the meaning assigned to it by section 1(1) of the Act of 2002;
‘fixed charge’ means the amount of a fixed charge prescribed under section 41;
‘fixed charge notice’ means a notice served under section 35;
‘fixed charge offence’ means an offence referred to in section 34;
‘penalty point’ has the meaning assigned to it by section 1(1) of the Act of 2002;
‘penalty point offence’ has the meaning assigned to it by section 1(1) of the Act of 2002;
‘section 44 notice’ has the meaning assigned to it by section 44;
‘traffic warden’ means a person standing authorised under section 42(1).
(2) In this Part, references to a fixed charge notice under this section, duly completed, are references to such a notice on which the number, the date of the grant, and the period of validity of the driving licence of the person to whom the notice relates have been inserted by or on behalf of the person.”.
num: 29
paragraphs: The Act of 2010 is amended by inserting after section 49 the following:
“49A. (1) Section 103 of the Principal Act and sections 19 and 20 of the Act of 2004 shall, notwithstanding section 49, apply to a fixed charge offence (within the meaning of section 103 of the Principal Act) committed before section 34 comes into operation.
(2) Notwithstanding section 48(4), that section shall continue to apply in respect of a fixed charge offence (within the meaning of section 103 of the Principal Act) committed before section 34 comes into operation.”.
num: 30
paragraphs: Section 78A (inserted by the section 77 of the Act of 2010) of the Principal Act is amended by inserting after subsection (1) the following:
“(1A) Details made available under subsection (1) shall include—
(a) particulars, including the name and address, of the holder of a motor insurance policy,
(b) the period of cover of the policy,
(c) any limitations as to the use of a mechanically propelled vehicle under the policy,
(d) the persons or the classes of persons whose liability is covered under the policy,
(e) the vehicle (including the vehicle registration number) or class of vehicle the use of which is covered under the policy,
(f) the names of any driver or the class of driver whose driving is covered under the policy, and
(g) the licence number, or permit number, of the driving licence, or learner permit, of the holder of a motor insurance policy and of any named driver whose driving is covered under the policy.”.
num: 31
paragraphs: The Taxi Regulation Act 2013 , is amended in section 20, by the insertion of the following subsection:
“(5) (a) The Authority may make regulations, to be known as non-motorised passenger transport regulations, in relation to the operation of non-motorised passenger transporters in towns and cities.
(b) ‘non-motorised passenger transporters’ means hackney carriage or rickshaw propelled by pedal cycle, pedal tricycle, horse, pedestrian or other such non-motorised means.”.
num: 32
paragraphs: Section 107 (inserted by section 79 of the Act of 2010) of the Principal Act is amended—
(a) in subsection (1) by inserting “or a pedal cycle” after “mechanically propelled vehicle”, and
(b) in subsection (4) by inserting “or a pedal cycle” after “mechanically propelled vehicle”.
num: 33
paragraphs: Section 22 of the Road Traffic Act 2002 is amended—
(a) by substituting for subsection (1) (inserted by section 63 of the Road Traffic Act 2010 ) the following:
“(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2016 other than an offence under—
(a) section 38, 84, 85 or 101 of the Principal Act, or
(b) section 35 (in so far as it relates to the parking of vehicles), 36 or 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,
the presiding judge shall require the person to produce his or her driving licence or learner permit to the registrar, clerk or other principal officer of the court, and the court shall record—
(i) whether or not the licence or permit was produced, and
(ii) where the licence or permit was produced, the details specified in that licence or permit.”,
and
(b) in subsection (2) by substituting “a requirement under subsection (1) ” for “the requirements of subsection (1) ”.
num: 34
paragraphs: The First Schedule to the Road Traffic Act 2002 is amended—
(a) by inserting after Part 11 (inserted by section 10 (h) of the Road Traffic Act 2014 ) the following:
“Part 12
Contravention of Regulation 3 of Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 ( S.I. No. 35 of 1982 )
In this Part—
(a) ‘offence’ means an offence under section 10 of the Act of 1968, and
(b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations 1982 ( S.I. No. 35 of 1982 ).
Reference Number
(1)
Offence
(2)
General Description of Offence
(3)
Penalty Points on Payment of Fixed Charge
(4)
Penalty Points on Conviction
(5)
num: 1
paragraphs: Offence consisting of contravention of Regulation 3
Using a trailer or semi-trailer with a maximum permissible weight exceeding 3,500kg without a licence
2
4
”.
and
(b) in Part 1 at reference number 2A (inserted by section 44 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ) by inserting “3” in column (4).
num: 35
paragraphs: (1) Part 4 of the First Schedule to the Road Traffic Act 2002 is amended by substituting the following for the entry at reference number 8:
“
Reference Number
(1)
Offence
(2)
General Description
(3)
Penalty Points on Payment of Fixed Charge
(4)
Penalty Points on Conviction
(5)
8
Offence consisting of contravention of sub-article (5)(a) or (7)(d) of article 14
Contravention of restrictions on driving vehicle on cycle track or shared track
1
3
”.
(2) Section 10 (c)(i) of the Road Traffic Act 2014 is repealed.
num: 36
paragraphs: Part 3 of the Act of 2010 is amended—
(a) in section 35—
(i) by substituting for subsection (2) the following:
“(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the appropriate payment of the fixed charge in accordance with the notice at the appropriate time specified in the notice in relation to the payment.”,
and
(ii) in subsection (3)(a), by substituting for subparagraph (ii) the following:
“(ii) where the person is not identified and the offence involves the use of a mechanically propelled vehicle, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence,”,
(b) in section 36(2) by substituting for paragraphs (c) and (d) the following:
“(c) if the person does not make the payment specified in paragraph (b) during the period so specified, the person may, during the period of 28 days beginning on the expiration of that period, make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), and
(d) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified in accordance with the notice is made during the appropriate period so specified in relation to the payment, at all.”,
(c) in section 37(1), by substituting for paragraph (a) the following:
“(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice, at the appropriate time so specified in relation to the payment,”,
and
(d) in section 42(1)(c) by substituting “ Public Service Management (Recruitment and Appointments) Act 2004 ” for “ Civil Service Commissioners Act 1956 ”.
num: 37
paragraphs: Section 4 of the Vehicle Clamping Act 2015 is amended—
(a) by substituting the following for subsection (1):
“(1) Before making regulations under this Act (other than under section 15) the NTA shall—
(a) consult with the Minister, and where the proposed regulations relate to a statutory clamping place, the body having responsibility for that place,
(b) publish a notice in at least one national newspaper circulating in the State and on its website—
(i) indicating that it proposes to make regulations under this Act,
(ii) indicating that a copy of the proposed regulations is available for inspection at the NTA offices specified in the notice and on its website for a specified period (being not less than 30 days), and
(iii) stating that representations concerning the proposed regulations may be made in writing before a specified date (which shall be not less than 14 days after the end of the period for inspection),
and
(c) consider any representations received pursuant to paragraph (b).”,
and
(b) in subsection (4), by deleting “(1)(b) or”.
num: 38
paragraphs: Section 50 of the Act of 2010 is amended by inserting after subsection (2) the following:
“(2A) A person on whom a payment deposit notice is or has been served under subsection (2) shall pay the amount of the payment deposit to be paid in accordance with regulations under subsection (7).
(2B) A member of the Garda SÃ­ochÃ¡na or transport officer when serving a payment deposit notice on a person under subsection (2) shall inform the person that he or she is required to pay the amount of the payment deposit specified to be paid in regulations under subsection (7).”.
num: 39
paragraphs: The Road Traffic Act 1961 , is amended by the insertion of the following section:
“35A. (1) It shall be an offence for the owner of a vehicle to allow their vehicle be driven by a learner driver driving unaccompanied.
(2) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.
(3) Where a person is guilty of an offence under this section and disregarding any disqualification that may be capable of being imposed, such person shall be liable on summary conviction to a fine not exceeding €2,000 or a term not exceeding six months imprisonment or both such fine and imprisonment.”.
num: 40
paragraphs: (1) Where by reason of the commission, after the entry into force of the Agreement, of a specified offence in the United Kingdom by a person whose normal residence on the date of the offence is the State or who is the holder of an Irish driving licence or a learner permit, a decision imposing a disqualification from driving on the person for any period is made in the United Kingdom and a competent authority of the United Kingdom notifies the licensing authority in writing in accordance with Article 3 of the Agreement of the disqualification and transmits to the licensing authority—
(a) the information and documents specified in paragraph 1 of Article 6 of the Agreement, and
(b) where appropriate, pursuant to the Agreement, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof,
the licensing authority shall make an application to the appropriate judge for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement.
(2) On application to the appropriate judge in that behalf by the licensing authority that has received a notification under subsection (1) and the other documents and, where appropriate pursuant to the Agreement, the evidence and information referred to in that subsection, the judge shall, on being satisfied as to the matters specified in that subsection and subject to the provisions of this section, make an order declaring the person to whom the notification relates to be disqualified for holding a licence for the period referred to in subsection (1) beginning on such day as may be specified in the order.
(3) (a) In proceedings under subsection (2) a certificate signed by an officer of the licensing authority authorised in that behalf by the chief executive of the licensing authority and stating that a document identified by and attached to the certificate—
(i) is the notification referred to in Article 3 of the Agreement of the driving disqualification concerned or a document referred to, or containing the information referred to, in Article 6 of the Agreement, and
(ii) was received by the licensing authority from a competent authority of the United Kingdom in accordance with Article 6 of the Agreement,
shall be admissible as evidence of, as the case may be, the notification, the document or the information so referred to.
(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation of the chief executive of the licensing authority until the contrary is shown.
(4) The period of disqualification for holding a licence to which a person is subjected pursuant to subsection (2) shall not—
(a) exceed the maximum period of disqualification for holding a licence which could be ordered by a court following conviction in the State for an offence consisting of the conduct to which the specified offence concerned relates,
(b) exceed the period of disqualification imposed in the United Kingdom, or
(c) extend in time beyond the date of the expiration of the disqualification in the United Kingdom.
(5) So much of a period of disqualification referred to in subsection (1) as has been served in the United Kingdom shall be deducted from any period of disqualification under subsection (2).
(6) An order shall not be made under subsection (2) if—
(a) the full period of the driving disqualification has been served in the United Kingdom,
(b) the person concerned has been disqualified under Part III of the Principal Act or the Road Traffic Act 2002 for holding a licence in respect of the conduct constituting the specified offence to which the application under subsection (2) relates and the period of the disqualification is current or has expired,
(c) the period of time between the commission of the specified offence concerned and the institution of the proceedings in respect of it that led to the disqualification referred to in subsection (1) was longer than the period within which proceedings in respect of the conduct would be required by law to be instituted in the State, or
(d) in the circumstances of the case and having considered any information and evidence referred to in Article 6 of the Agreement, the appropriate judge considers that the person concerned has not had an adequate opportunity to defend himself or herself in the proceedings.
(7) The appropriate judge may refuse to make an order under subsection (2) if—
(a) the conduct for which the driving disqualification referred to in subsection (1) was imposed—
(i) does not constitute an offence under the law of the State, or
(ii) does not constitute an offence under the law of the State for which disqualification for holding a licence may be ordered by a court,
or
(b) a period of less than 3 months of the driving disqualification referred to in subsection (1) remains unexpired on the date on which the order falls to be made or the driving disqualification is for a period of less than 3 months.
(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the licensing authority and the licensing authority shall cause the central authority of the United Kingdom to be notified thereof.
(9) Where, by reason of the commission, after the entry into force of the Agreement, of a specified offence in the State by a person whose normal residence on the date of the offence is the United Kingdom or who is the holder of a United Kingdom driving licence (including a provisional licence) a driving disqualification is imposed in the State on the person—
(a) the Courts Service shall—
(i) notify the licensing authority of the driving disqualification as soon as may be, and
(ii) comply with any request of the licensing authority for further details or information relating to the person, the offence, the driving disqualification or otherwise required for the purpose of the Agreement,
(b) upon receipt by the licensing authority of the notification under paragraph (a) the licensing authority shall, subject to paragraph (a), without delay notify the central authority of the United Kingdom of the driving disqualification, and
(c) the licensing authority shall—
(i) ensure that Article 6 of the Agreement is complied with in relation to the notification and may do, or cause to be done, all things necessary for that purpose, including certification and attestation of any document,
(ii) if necessary, request the Courts Service to provide such further details or information as the licensing authority considers necessary for the purposes of its functions under this subsection and the Agreement, and
(iii) without delay notify the central authority of the United Kingdom of any such details or information.
(10) The licensing authority is the competent authority of the State and the central authority of the State for the purposes of the Agreement.
(11) Judicial notice shall be taken of the Agreement.
(12) (a) In this section—
num: 41
paragraphs: Section 9 (as amended by section 52 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ) of, and the Second Schedule to, the Road Traffic Act 2002 are repealed.