Road Traffic Act, 1933

Road Traffic Act, 1933 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1933 Road Traffic Act, 1933 Road Traffic Act, 1933 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 11 of 1933. ROAD TRAFFIC ACT, 1933. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Commencement of Act. 3. Definitions. 4. Definition of pneumatic tyre. 5. Application to persons and vehicles in the service of the State. 6. General regulations. 7. Public inquiries. 8. Approval of bye-laws by the Minister. 9. Proof of bye-laws. 10. Finance. 11. Disposal of fees and of fines. 12. Saving for indictment for nuisance. 13. Repeals. PART II. Classification, etc., of Mechanically Propelled Vehicles. 14. Classification of mechanically propelled vehicles. 15. Construction and equipment of mechanically propelled vehicles. 16. Maximum weights of mechanically propelled vehicles. 17. Special permits for particular vehicles. 18. Calculation of the weight of mechanically propelled vehicles. 19. Provision of weigh-bridges. 20. Calculation of passenger accommodation of mechanically propelled vehicles. PART III. Licences to Drive Mechanically Propelled Vehicles. 21. Licensing authority. 22. Prohibition of driving mechanically propelled vehicle without licence. 23. Restrictions on the holding of driving licences. 24. Applications for driving licences. 25. Granting of driving licences. 26. Operation of driving licences. 27. Signing of driving licence by grantee thereof. 28. Duration of driving licence. 29. Driving mechanically propelled vehicle when unfit. 30. Driving mechanically propelled vehicle while drunk. 31. Ancillary disqualification orders. 32. Special disqualification orders. 33. Operation of disqualification orders. 34. Discharge of special disqualification orders. 35. Endorsement of driving licences. 36. Notification of orders and endorsements. 37. Transfer of endorsement to new licence. 38. Penalties for obtaining licence when disqualified, etc. 39. Production of driving licences on demand by member of Gárda Síochána. 40. Writing of signature on demand by member of Gárda Síochána. 41. Production of driving licences to court. 42. Grant of licences to non-residents. 43. Regulations in relation to driving licences. 44. Offences by officers of licensing authorities. 45. Effect of existing licences under the Motor Car Act, 1903. PART IV. Speed Limits for Mechanically Propelled Vehicles. 46. Ordinary speed limits. 47. Variation of ordinary speed limits. 48. Special speed limits. 49. Prohibition of exceeding speed limits. 50. Prohibition of careless driving. 51. Prohibition of dangerous driving. 52. Prohibition of driving dangerously defective vehicle. 53. Special provisions for fire brigades, ambulances, etc. 54. Ordering servant to exceed speed limit. 55. Evidence and notice of offences. PART V. Compulsory Insurance by Owners of Mechanically Propelled Vehicles. 56. Obligation to be insured or guaranteed. 57. Fine in lieu of damages and imprisonment in addition to damages. 58. Vehicle insurer. 59. Vehicle guarantor. 60. Exempted person. 61. Deposits by vehicle guarantors and exempted persons. 62. Approved policy of insurance. 63. Approved guarantee. 64. Approved combined policy and guarantee. 65. Punishment for fraud, etc., in obtaining policy or guarantee. 66. The excepted persons. 67. Extended power of making regulations in relation to application for licence under Finance Act, 1920. 68. Certificate of insurance and certificate of guarantee. 69. Effect of certificate of insurance or of guarantee. 70. Certificate of exemption. 71. Production of certificate on demand. 72. Obligation to deliver up certificate. 73. Regulations in relation to certificates of insurance, etc. 74. Obligation to give to insurer or guarantor notice of accident. 75. Obligation of driver to give owner notice of accident. 76. Amendment of the Assurance Companies Act, 1909. 77. Keeping of records and giving of information by vehicle insurers, vehicle guarantors and exempted persons. 78. Miscellaneous provisions in relation to insured or guaranteed moneys. 79. Application and repayment of deposit. 80. Special provisions for non-residents. PART VI. Certificates of Competency and Fitness. 81. Issue of certificates of competency. 82. Issue of certificates of fitness. 83. Exemption from obligation to hold a driving licence. PART VII. Regulation and Control of Public Service Vehicles. 84. Public service vehicle licenses. 85. Application for public service vehicle licences. 86. Restrictions on the grant of public service vehicle licences. 87. Duration of public service vehicle licences. 88. Annual fees on public service vehicle licences. 89. Devolution of public service vehicle licence on death. 90. Inspection of vehicles on application for public service vehicle licence. 91. Transfer of public service vehicle licences. 92. Appeal from refusal of public service vehicle licence. 93. Prohibition of use of unlicensed public service vehicle. 94. Penalty for using defective public service vehicle. 95. Issue of vehicle plates. 96. Obligation to carry vehicle plates on public service vehicles. 97. Periodical inspection of licensed public service vehicles. 98. Occasional inspection of licensed public service vehicles. 99. Powers incidental to inspection and examination. 100. Revocation of public service vehicle licences by a court. 101. Revocation and suspension of public service vehicle licence by the Commissioner. 102. Appeal against revocation or suspension of licence. 103. Duty of licensee to notify change of address. 104. Drivers' licences. 105. Conductors' licences. 106. Appeal from refusal of driver's or conductor's licence. 107. Renewal of driver's or conductor's licence. 108. Duration of drivers' and conductors' licences. 109. Annual fees on drivers' and conductors' licences. 110. Prohibition of unlicensed driver driving a public service vehicle. 111. Obligation to carry conductor in certain cases. 112. Prohibition of unlicensed conductor conducting a public service vehicle. 113. Issue of drivers' badges and conductors' badges. 114. Obligation to wear drivers' and conductors' badges. 115. Revocation and suspension of drivers' and conductors' licences by Commissioner. 116. Revocation and suspension by a court of drivers' and conductors' licences. 117. Duty of licensed driver or conductor to notify change of address. 118. Bye-laws in relation to the movements of large public service vehicles. 119. Restriction of omnibuses to approved roads. 120. Language of public notices and tickets of omnibuses. 121. Limitation on number of passengers. 122. Weekly period of rest for drivers and conductors. 123. Regulations in relation to conduct of passengers, drivers, and conductors. 124. Duty of passengers to pay fare, etc. 125. Penalty for damaging public service vehicle. 126. Penalty for failure to pay hire or fare. 127. Property left in public service vehicles. 128. Registers to be kept by the Commissioner. 129. Giving of registers in evidence. 130. Licences to continue in force. PART VIII. Special Provisions for Street Service Vehicles. 131. Definition of use as a street service vehicle. 132. Taximeter areas. 133. Restriction on use of private hire vehicles. 134. Taximeters on street service vehicles. 135. Illumination of taximeters at night. 136. Annual inspection and verification of taximeters. 137. Bye-laws in relation to standings for street service vehicles. 138. Colours of street service vehicles and uniforms of drivers. 139. Fare bye-laws. 140. Exhibiting notices of fare bye-laws in street service vehicles. 141. Prohibition of excessive fares. 142. Restriction on use of the word “taxi”. 143. Duty of street service vehicle driver to hirer. 144. Obligation of street service vehicle driver to accept hire. 145. Rights of street service vehicle driver against hirer. 146. Application of payments for prospective services. PART IX. Regulation of Traffic. 147. Bye-laws for the control of traffic generally. 148. Bye-laws for the control of traffic in relation to tramcars. 149. Bye-laws for the control of traffic in specified areas. 150. Parking places. 151. Attendants at parking places. 152. Obligation to pay fees in parking places. 153. Provision of vehicle stations by local authorities. 154. Prohibition of obstruction of traffic. 155. Prohibition of unauthorised travelling on vehicles. 156. Cyclists holding on to other vehicles. 157. Prevention of obstruction of traffic by fairs and markets. 158. Protection of bridges from excessive burdens. 159. Closing of particular roads to vehicles. 160. Saving for general power of the Commissioner. PART X. Lighting of Vehicles. 161. Lights to be carried on vehicles. 162. Lights on drawing and drawn vehicles. 163. Regulations in relation to lamps on vehicles. 164. Offences and penalties under this Part of this Act. PART XI. Miscellaneous. 165. Taking vehicle without authority. 166. Management of drawn vehicles. 167. Unauthorised interference with mechanism of vehicle. 168. Disposition of vehicle on arrest of driver, etc. 169. Limitations on periods of continuous driving. 170. Liability of Minister for Finance for negligent driving of State-owned vehicles. 171. Extension of personal liability for negligent driving. 172. Liability in respect of person driving with consent of owner. 173. Duty of driver on occurrence of an accident. 174. Reimbursement of hospitals. 175. Right to demand name and address of pedal cyclists. 176. Penalty for false declaration, etc. 177. Duty to give information or demand of member of the Gárda Síochána. 178. Identification of member of Gárda Síochána. 179. Keeping and use of petroleum. SCHEDULE. Enactments repealed. Acts Referred to Summer Time Act, 1925 No. 8 of 1925 Documentary Evidence Act, 1925 No. 24 of 1925 Courts of Justice Act, 1928 No. 15 of 1928 Local Government Act, 1925 No. 5 of 1925 Adaptation of Enactments Act, 1922 No. 2 of 1922 Courts of Justice Act, 1924 No. 10 of 1924 Road Transport Act, 1932 No. 2 of 1932 Weights and Measures Act, 1928 No. 3 of 1928 Number 11 of 1933. ROAD TRAFFIC ACT, 1933. AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO MECHANICALLY PROPELLED VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC, AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM NEGLIGENT DRIVING OF MECHANICALLY PROPELLED VEHICLES, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th June, 1933.]. BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Road Traffic Act, 1933. Commencement of Act. 2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Definitions. 3.—In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “the Commissioner” means the Commissioner of the Gárda Síochána; the word “vehicle” includes every kind of carriage, conveyance, or machine, however propelled or drawn, which is constructed or adapted for use on roads or on permanent rails laid on roads, whether such carriage, conveyance, or machine is supported on wheels, rollers, moving track, or sliding runners, and whether such carriage, conveyance, or machine is or is not used or capable of being used for the carriage of persons or of goods, but the said word does not include any carriage or conveyance which is carried and wholly supported by human beings or animals; the expression “mechanically propelled vehicle” does not include a tramcar or other vehicle running on permanent rails; the expression “public service vehicle” means a mechanically propelled vehicle used for the carriage of passengers for reward; the expression “large public service vehicle” means a public service vehicle having seating accommodation for more than six persons exclusive of the driver; the expression “small public service vehicle” means a public service vehicle which is not a large public service vehicle; the word “omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places; the word “charabanc” means a large public service vehicle which is for the time being used for the carriage of passengers for reward otherwise than as an omnibus; the expression “street service vehicle” means a small public service vehicle the driver of which offers in a public place himself and the said vehicle for hire and for that purpose stands or drives such vehicle in a public place; the expression “private hire vehicle” means a small public service vehicle which is used for the carriage of passengers for reward and is not a street service vehicle; the expression “pedal bicycle” means a bicycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon; the expression “pedal tricycle” means a tricycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon; the expression “pedal cyclist” means a person riding or having control or management of a pedal bicycle or a pedal tricycle; the expression “public place” means any street, road, or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge; the expression “fire brigade vehicle” means a mechanically propelled vehicle owned and maintained by a local authority for the purpose of extinguishing fires or any purpose incidental thereto or for the conveyance of persons employed for any such purpose by such local authority; the word “ambulance” means a mechanically propelled vehicle specially designed and constructed for the conveyance of sick or injured persons; the word “road” means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing, or wall forming part thereof; the word “roadway” means that portion of any road which is provided primarily for the use of vehicles; the word “footway” means that portion of any road which is provided primarily for the use of pedestrians; the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925), or any enactment amending that Act to be a period of summer time; the expression “lighting-up hours” means— (a) in relation to any time which is a period of summer time, the period commencing one hour after sunset on any day and expiring one hour before sunrise on the next day, and (b) in relation to any time which is not a period of summer time, the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day; the word “driving” when used in relation to a mechanically propelled vehicle includes managing and controlling, and the word “driver” and other cognate words shall be construed accordingly; the word “owner” when used in relation to a mechanically propelled vehicle which is the subject of a hiring agreement (other than a mere contract for the carriage of persons or goods) or a hire purchase agreement means the person in possession of such vehicle under such agreement; the expression “prescribed” means prescribed by regulations made by the Minister under this Act. Definition of pneumatic tyre. 4.—(1) The Minister may by regulations made by him under this Act do all or any of the following things, that is to say:— (a) prescribe the characteristics and qualities to be possessed by a tyre in order that it may be a pneumatic tyre for the purposes of this Act, (b) declare that a tyre which, though not containing air under pressure, possesses certain specified characteristics or qualities shall be a pneumatic tyre for the purposes of this Act, (c) declare that a tyre which possesses certain specified characteristics or qualities shall not be a pneumatic tyre for the purposes of this Act notwithstanding that it contains air under pressure. (2) If regulations are made under this section then, so long as such regulations remain in force, the expression “pneumatic tyre” shall wherever it occurs in this Act (except this section) mean a tyre which under such regulations is a pneumatic tyre for the purposes of this Act. (3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Application to persons and vehicles in the service of the State. 5.—(1) Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State. (2) Part V of this Act does not apply to vehicles owned by the State or to persons driving such vehicles. General regulations. 6.—The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. Public inquiries. 7.—(1) Whenever power is conferred on the Minister by this Act to make, approve of, confirm, or consent to any order, regulation or bye-law, to consent to any matter, to determine any appeal, difference, dispute, or other matter, or to take any other action, the Minister may before exercising such power hold a public inquiry into the matter which is the subject of such exercise of such power. (2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this or any other section of this Act in like manner as the said Article applies in respect of the local inquiries mentioned therein. Approval of bye-laws by the Minister. 8.—(1) Every bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval. (2) Whenever a bye-law is submitted to the Minister under this section the Minister shall either, as he shall think proper, refuse to approve of such bye-law, or approve thereof without modification, or make such modifications therein as he shall think proper and approve of such bye-law as so modified. (3) Every bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner. (4) No such bye-law as is mentioned in the foregoing sub-sections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section. (5) Whenever the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect, that is to say:— (a) The Commissioner shall give to the council of every county, county borough, borough, and urban district and the commissioners of every town to which or to any part of which such bye-law is intended to apply notice of his intention to make such bye-law and the Commissioner shall consider all representations made to him by any such council or commissioners in respect of such proposed bye-law; (b) the Commissioner shall, if and when he submits such bye-law to the Minister under this section, give to every such council and commissioners notice of such submission and the Minister shall consider all representations made to him by any such council or commissioners in respect of such bye-law; (c) the Minister shall not approve of such bye-law before the expiration of one month after notice of the submission of such bye-law to him was given under this section to every such council and commissioners; (d) for the purposes of this sub-section a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of such county which is not in any borough, urban district, or town; (e) in this sub-section the word “town” means a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 . Proof of bye-laws. 9.—(1) Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to every bye-law made under this Act by the Commissioner. (2) Sub-section (1) of section 6 of the Documentary Evidence Act, 1925 , is hereby amended by adding to the official documents mentioned in that sub-section bye-laws made by the Commissioner under this Act, and the said section 6 shall have effect accordingly. Finance. 10.—(1) All expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of the Road Fund, and for that purpose there shall, in respect of every financial year, be paid into the Exchequer from the Road Fund at such times and in such manner as the Minister for Finance shall direct such sums as the Minister shall, with the concurrence of the Minister for Finance, determine to be the amount of the expenses so incurred in the execution of the Roads Act, 1920, and of this Act in that financial year. (2) Where the Minister for Finance is satisfied that the amount of the expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act in any financial year cannot conveniently be determined, the sum payable under this section into the Exchequer from the Road Fund in respect of such expenses may, with the sanction of the Minister for Finance, be calculated in any manner approved of by the Minister for Finance and, in particular, may be determined as a percentage of the total amounts paid into the Road Fund from any source in that financial year. (3) Any expenses which are by virtue of this section to be defrayed out of the Road Fund may, with the sanction of the Minister for Finance, be paid directly out of the Road Fund, and any salary or remuneration of any person so paid directly out of the Road Fund shall for the purposes of the Superannuation Acts, 1834 to 1923, be deemed to be paid out of moneys provided by the Oireachtas. (4) Where, in the opinion of the Minister and of the Minister for Finance, any expenses which were incurred after the 1st day of April, 1932, and before the coming into operation of this section and were paid out of the Exchequer, would, if sub-section (3) of this section had been in operation at the time when such expenses were so incurred, have been paid directly out of the Road Fund, the amount of such expenses shall be refunded to the Exchequer from the Road Fund at such time and in such manner as the Minister for Finance shall direct. (5) The expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act in any financial year shall, for the purposes of this section, be deemed to include such charges in respect of superannuation and other allowances and gratuities payable on death or retirement as the Minister shall, with the concurrence of the Minister for Finance, determine to be proper. (6) Sub-section (4) of section 3 of the Roads Act, 1920 , shall be construed and have effect as if paragraphs (b) and (c) of that sub-section were omitted therefrom and as if the expenses required by this section to be defrayed out of the Road Fund were included in the expenses mentioned in paragraph (e) of the said sub-section. Disposal of fees and of fines. 11.—(1) Save as is otherwise expressly provided by this Act, all fees and other sums received by the Commissioner under this Act or regulations made thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. (2) Save as is otherwise expressly provided by this Act, all fines imposed by a court of summary jurisdiction in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance. (3) All moneys paid into or disposed of for the benefit of the Exchequer under this section shall, for the purposes of section 2 of the Roads Act, 1920 , be deemed to have been paid into the Exchequer under that Act. Saving for indictment for nuisance. 12.—Nothing in this Act shall authorise any person to use upon a highway a mechanically propelled vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in this Act, be liable to an indictment or action, as the case may be, for such use when, but for the passing of this Act, such indictment or action could be maintained. Repeals. 13.—(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) Every provision in any enactment (whether of general or local application) which either— (a) is of similar or corresponding effect as or is inconsistent with any section or sub-section of this Act, or (b) confers on any person a power of making orders, regulations, or bye-laws, or of issuing licences similar or corresponding to or inconsistent with a power of making orders, regulations, or bye-laws or of issuing licences (whether of the same or wider local application or of general application) conferred by any section or sub-section of this Act on the same or another person, shall, to the extent of such similarity, correspondence, or inconsistency (as the case may be), cease to have effect immediately upon the commencement of such section or sub-section. (3) Every mechanically propelled vehicle which, if the Locomotives on Highways Act, 1896, were not repealed by this Act, would, by virtue of paragraph (b) of the proviso to sub-section (1) of section 1 of that Act, be a carriage or a carriage of a particular class within the meaning of any enactment, rule, regulation, or bye-law not repealed or terminated by this section shall continue to be a carriage or a carriage of that particular class (as the case may be) within the meaning of such enactment rule, regulation, or bye-law. PART II. Classification, etc., of Mechanically Propelled Vehicles. Classification of mechanically propelled vehicles. 14.—(1) Mechanically propelled vehicles shall, for the purposes of this Act, be divided into four classes, namely, motor cycles, light motor vehicles, heavy motor vehicles, and locomotives. (2) For the purposes of this Act a mechanically propelled vehicle shall be a motor-cycle if and whenever and so long as it complies with all the following conditions, that is to say:— (a) it does not exceed eight hundredweight in weight unladen; and (b) it is supported exclusively by wheels in direct contact with the ground; and (c) it has not more than three wheels; and (d) it has all its wheels fitted with pneumatic tyres. (3) For the purposes of this Act a mechanically propelled vehicle shall be a light motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:— (a) it is not a motor cycle; and (b) where it is fitted with a body designed and constructed for the carriage of passengers, it does not exceed three tons in weight unladen or, where either it is fitted with a body not so constructed and designed or is not fitted with a body, it does not exceed two tons in weight unladen; and (c) where it is fitted with a body designed and constructed for the carriage of passengers, it has not seating accommodation for more than six persons excluding the driver thereof; and (d) it is supported exclusively by wheels in direct contact with the ground; and (e) it has all its wheels fitted with pneumatic tyres; and (f) it is not being used for the traction of more than one other vehicle; and (g) if and when it is used for the traction of another vehicle such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres. (4) For the purposes of this Act a mechanically propelled vehicle shall be a heavy motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:— (a) it is neither a motor cycle nor a light motor vehicle; and (b) it does not exceed seven and one-quarter tons in weight unladen; and (c) if and when used for the traction of another vehicle, the total of the weights unladen of such mechanically propelled vehicle and such other vehicle does not exceed nine and three-quarter tons; and (d) it is supported exclusively by wheels in direct contact with the ground; and (e) it has all of its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material; and (f) it is not being used for the traction of more than one other vehicle; and (g) if and when it is used for the traction of another vehicle, such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material. (5) For the purposes of this Act, a mechanically propelled vehicle shall be a locomotive if and whenever and so long as it is neither a motor cycle, a light motor vehicle, nor a heavy motor vehicle. (6) The Minister may at any time and from time to time by order do all or any of the following things, that is to say:— (a) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a motor cycle for the purposes of this Act; (b) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a light motor vehicle for the purposes of this Act; (c) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a heavy motor vehicle for the purposes of this Act; (d) revoke, amend, or vary any order previously made by him under this sub-section. (7) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each House. Construction and equipment of mechanically propelled vehicles. 15.—(1) The Minister may by order make, in relation to mechanically propelled vehicles and vehicles drawn by mechanically propelled vehicles, regulations in respect of all or any of the following matters, that is to say:— (a) the construction of such vehicles; (b) the conditions under which such vehicles may be used; (c) the equipment, fittings, and instruments to be fitted to or carried on such vehicles, and in particular instruments for giving audible warning of the presence of such vehicles and instruments for giving visible warning to the rear of the intention of such vehicles to stop; (d) the misuse of the machinery of such vehicles, including the use of such vehicles when the machinery thereof is in a defective condition; (e) the discharge of soot, ashes, oil, steam or gas from such vehicles; (f) the use and misuse of the equipment, fittings, and instruments fitted to or carried on such vehicles either voluntarily or in pursuance of this Act or regulations made thereunder; (g) the amount of noise emitted by such vehicles or the load (if any) thereon whether occasioned by the construction or the defective condition of such vehicles or the machinery, equipment, fittings, or instruments thereof or by the use or misuse of such vehicles, machinery, equipment, fittings, or instruments or by the nature, packing or stowage of the load (if any) carried on such vehicles; (h) the internal furnishing and fitting of public service vehicles; (i) the words, letters, figures, and other marks to be affixed to or painted on such vehicles and the manner and place in which such marks are to be so affixed or painted; (j) the number of vehicles which may be drawn at any one time by a mechanically propelled vehicle or by a mechanically propelled vehicle of a particular class, and the method of attachment of vehicles drawn by a mechanically propelled vehicle to such vehicle and (where appropriate) to one another. (2) Different regulations may be made under this section in relation to different kinds of mechanically propelled vehicles and different kinds of vehicles drawn by mechanically propelled vehicles. (3) The Minister shall by the regulations made by him under this section provide for the compulsory carrying on every mechanically propelled vehicle of a proper instrument for giving audible warning of the presence of such vehicle. (4) It shall not be lawful for any person to use on any road a mechanically propelled vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations or to draw by means of a mechanically propelled vehicle on any road a vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations. (5) Every person who uses a mechanically propelled vehicle in contravention of this section or who draws a vehicle by means of a mechanically propelled vehicle in contravention of this section or does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (6) In this Act the expression “regulations for the construction and equipment of mechanically propelled vehicles” means the regulations made under this section and for the time being in force in relation to the vehicle or class of vehicles in relation to which the expression is used. (7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Maximum weights of mechanically propelled vehicles. 16.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:— (a) prescribing the maximum weight unladen of locomotives; (b) prescribing the maximum weight unladen of vehicles drawn by mechanically propelled vehicles; (c) prescribing the maximum weight laden of mechanically propelled vehicles and of vehicles drawn by mechanically propelled vehicles; (d) prescribing the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn by a mechanically propelled vehicle; (e) prescribing the manner in which and the conditions under which any particular weights prescribed by the regulations are to be ascertained. (2) Different regulations may be made under this section in respect of different places or areas and in respect of different classes of vehicles. (3) Every person who uses on any road— (a) a vehicle of which the weight unladen exceeds the maximum weight unladen prescribed by regulations made under this section and applicable to such vehicle, or (b) a laden vehicle of which the weight as then laden exceeds the maximum weight laden prescribed by regulations made under this section and applicable to such vehicle, or (c) a vehicle which or part of which transmits to the ground a greater weight than the maximum weight prescribed in respect of such transmission by regulations made under this section and applicable to such vehicle, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (4) Whenever a member of the Gárda Síochána observes a vehicle which he suspects of being then used in such manner as to constitute an offence under this section, such member may require the person in charge of such vehicle to do all or any of the following things, that is to say:— (a) forthwith to bring such vehicle with the load (if any) thereon to a weigh-bridge maintained under this Act named by such member and not more than two miles distant by the shortest available route from the place at which such requisition is made; (b) to carry such member to such weigh-bridge in such vehicle; (c) to procure such vehicle with the load (if any) thereon to be weighed on such weigh-bridge in the presence of such member. Whenever a person in charge of a vehicle fails or refuses to do anything which he is required under this sub-section by a member of the Gárda Síochána to do, such failure or refusal shall be an offence under this section and such person upon summary conviction thereof shall be liable in respect of each such offence to a fine not exceeding ten pounds. (5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Special permits for particular vehicles. 17.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:— (a) the issue of special permits authorising particular vehicles which contravene one or more regulations made under this Part of this Act to be driven on roads notwithstanding such contravention; (b) prescribing the limitations, restrictions, and conditions which shall or may be inserted in such special permits including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to roads which may arise from the driving of the vehicles to which such special permits relate; (c) prescribing the persons by whom such special permits may be issued and in particular providing for the issue of such special permits by particular officers of local authorities; (d) prescribing the manner in which and the persons to whom application for such special permits shall be made. (2) Notwithstanding anything contained in this Part of this Act, the driving of a mechanically propelled vehicle on a road under and in accordance in all respects with a special permit issued in respect of such vehicle under regulations made under this section shall not be a contravention of any provision of this Part of this Act. Calculation of the weight of mechanically propelled vehicles. 18.—(1) For the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, the weight unladen of any vehicle shall, save as is otherwise provided by or under this Act, be taken to be the weight of the vehicle inclusive of the body and all parts which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel, or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment. (2) In the case of a mechanically propelled vehicle— (a) of which the weight unladen would exceed seven and one quarter tons when calculated under the foregoing sub-section, and (b) which is fitted with a permanent or substantially permanent body or superstructure designed and constructed for a special purpose other than the carrying of passengers or goods or any particular class of goods, the weight unladen of such vehicle shall (save as is otherwise provided by or under this Act) be deemed, for the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, to be seven and one quarter tons. Provision of weigh-bridges. 19.—(1) Every council charged with the maintenance of a road may erect at such places on or adjacent to such road as it thinks proper and shall, when required by the Minister so to do, erect at such places on or adjacent to such roads as the Minister directs, machines (in this Act referred to as weigh-bridges) of the prescribed dimensions, power, design, and construction for the weighing of vehicles. (2) Every council owning a weigh-bridge erected under an enactment repealed by this Act or erected under this section shall maintain such weigh-bridge in good condition and proper order and shall make such weigh-bridge available for the weighing of vehicles at all reasonable times and for that purpose shall provide such staff as may be necessary to operate such weigh-bridge. (3) Every council maintaining a weigh-bridge under this section may charge for the weighing of vehicles thereon (other than vehicles weighed thereon by direction and in the presence of a member of the Gárda Síochána) such fees as shall be approved of by the Minister. (4) All expenses incurred by a council in the erection or the maintenance and operation of a weigh-bridge under this section shall be defrayed out of the fees charged under this section for weighing vehicles thereon and, if and so far as such fees are not sufficient to defray such expenses, such expenses shall be deemed to be expenses of maintaining the road on or adjacent to which such weigh-bridge is erected and shall be defrayed accordingly. Calculation of passenger accommodation of mechanically propelled vehicles. 20.—(1) The Minister may by regulations made by him under this Act prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any classes or class of such vehicles, and may in such regulations distinguish between sitting accommodation and standing accommodation and between accommodation for adults and accommodation for children. (2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. PART III. Licences to Drive Mechanically Propelled Vehicles. Licensing authority. 21.—In this Part of this Act the expression “licensing authority” means the council of a county or of a county borough. Prohibition of driving mechanically propelled vehicle without licence. 22.—(1) It shall not be lawful for any person to drive a mechanically propelled vehicle on any road unless he holds a licence (in this Act referred to as a driving licence) granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle. (2) It shall not be lawful for the owner of a mechanically propelled vehicle to employ another person to drive such mechanically propelled vehicle on any road unless the person so employed holds a driving licence granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle. (3) Every person who drives or who employs another person to drive a mechanically propelled vehicle in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment. (4) Every person who is summarily convicted of the offence under this section of driving a mechanically propelled vehicle in contravention of this section and was at the time he committed such offence disqualified for holding a driving licence shall be liable to the following punishment in lieu of the punishment mentioned in the foregoing sub-section, that is to say, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. Restrictions on the holding of driving licences. 23.—(1) No person under the age of sixteen years shall hold a driving licence. (2) No person shall hold at any time more than one driving licence which is for the time being in force. Applications for driving licences. 24.—(1) Any person who is not under the age of sixteen years and is not f or the time being disqualified by or under this Act for holding a driving licence may apply to the licensing authority in whose functional area he ordinarily resides or carries on business for the grant to him by such authority of a driving licence or, where the circumstances so require, of a renewal of a driving licence then or previously held by him. (2) Every application under this section shall be in the prescribed form and shall be signed by the applicant and shall state the age of the applicant and such other particulars as shall be prescribed and shall either be accompanied by a certificate of fitness granted under Part VI of this Act to the applicant within one month before the date of the application or contain or be accompanied by a declaration in the following form signed by the applicant, that is to say:— “I hereby declare that to the best of my knowledge I am not suffering from any disease or physical or mental disability which would be likely to cause the driving of a mechanically propelled vehicle in a public place by me to be a source of danger to the public.” (3) A statement in an application under this section that the applicant is over the age of twenty-one years shall be a statement of the age of the applicant within the meaning of the foregoing sub-section of this section. (4) Where an application under this section is for the grant of a driving licence by way of renewal of a previously granted licence and the licensing authority to whom such application is made holds a certificate of fitness lodged by the applicant for the purpose of a previous application under this section, such first-mentioned application may, in lieu of a certificate of fitness, be accompanied by or contain a declaration in the following form signed by the applicant, that is to say:— “I hereby declare to the best of my knowledge that since the issue to me of the certificate of fitness dated the     day of         I have not suffered any new or increased physical or mental disability which would affect the validity of that certificate.” (5) If any person signs a declaration under this section which is false to his knowledge he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (6) In any prosecution for an offence under this section, proof that the person so prosecuted is the holder of a driving licence granted after the commencement of this Part of this Act shall be evidence, until the contrary is proved, that a declaration in the form required by this section has been signed by such person. Granting of driving licences. 25.—(1) When an application is duly made under and in accordance with this Part of this Act to a licensing authority for a driving licence and there has been paid to such licensing authority by the applicant the excise duty for the time being required by law to be paid on the taking out of a driving licence, such licensing authority shall, unless it appears to them that the applicant is under the age of sixteen years or is disqualified by or under this Act for holding a driving licence or neither ordinarily resides nor carries on business in their functional area, grant to such applicant a driving licence. (2) Every driving licence shall be in the prescribed form and shall contain a statement of the age of applicant as stated by him in his- application for such licence, the date on which such licence commences under this section, and such other matters as are required by this Act to be contained therein. (3) A driving licence granted under this section by a licensing authority to a person who holds or held a driving licence pre viously granted to him by such licensing authority which either is still in force or expired within the previous three months may be so granted by way of renewal of such previously granted licence. (4) Where the person to whom a driving licence is granted under this section by a licensing authority holds at the time of such grant a driving licence previously granted to him by the said or any other licensing authority and still unexpired, the first-mentioned driving licence shall commence immediately after the expiration of such previously granted licence, and in every other case a driving licence granted by a licensing authority shall commence immediately upon the grant thereof. (5) Where a person satisfies a licensing authority that a driving licence granted to him by such licensing authority has been lost, mutilated, or destroyed, such licensing authority may issue to such person a duplicate of such licence and may charge therefor a fee not exceeding one shilling. Operation of driving licences. 26.—(1) Save as hereinafter otherwise provided, every driving licence granted after the commencement of this Part of this Act shall operate and be expressed to operate to license the person to whom it is granted— (a) if or when such person has attained the age of sixteen years and is under the age of seventeen years, to drive a motor cycle, and (b) if or when such person has attained the age of seventeen years and is under the age of eighteen years, to drive any kind of light motor vehicle or motor cycle, and (c) if or when such person has attained the age of eighteen years and is under the age of twenty-one years, to drive any kind of mechanically propelled vehicle except a heavy motor vehicle or a locomotive while such vehicle or locomotive is actually carrying passengers for reward, and (d) if or when such person has attained the age of twenty-one years, to drive any kind of mechanically propelled vehicle. (2) Where a person holds, at the commencement of this Part of this Act, a licence granted to him under section 3 of the Motor Car Act, 1903, and in force at such commencement, whichever of the following provisions is applicable shall have effect, that is to say:— (a) if such person held a licence or licences under the said section 3 continuously during a period of not less than six months ending at such commencement, such licence or the later of such licences (as the case may be) and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive any class of mechanically propelled vehicle which such licence licensed him to drive immediately before such commencement, or (b) if such person held a licence or licences under the said section 3 continuously during a period of less than six months but not less than two months ending at such commencement and was immediately before such commencement driving a mechanically propelled vehicle for the purpose or in the course of earning his livelihood, such licence or the later of such licences (as the case may be) and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive the mechanically propelled vehicle which he was so driving as aforesaid and any other mechanically propelled vehicle of the same class as that vehicle. (3) Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of limited fitness shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and is equipped with the special fittings or special features mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as they are specified and described in such certificate or latest certificate, as the case may be. (4) Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of fitness to drive an invalid carriage shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and of the special design and construction mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as it is specified and described in such certificate or latest certificate, as the case may be. Signing of driving licence by grantee thereof. 27.—(1) It shall be the duty of every person to whom a driving licence is granted after the commencement of this Part of this Act forthwith to sign his name on such licence in the place indicated in that behalf therein. (2) Notwithstanding anything contained in this Act, no driving licence granted after the commencement of this Part of this Act shall be in force or of any effect until the person to whom it is granted has signed his name thereon in accordance with this section. Duration of driving licence. 28.—Subject to the provisions of this Part of this Act, every driving licence shall remain in force for twelve months from the date on which it commences and shall then expire. Driving mechanically propelled vehicle when unfit. 29.—Every person who drives a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of such vehicle by him in a public place to be a source of danger to the public shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds. Driving mechanically propelled vehicle while drunk. 30.—(1) Every person who drives or attempts to drive a mechanically propelled vehicle in a public place while he is drunk shall be guilty of an offence under this section and on summary conviction thereof shall be liable, in the case of a first offence under this section, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or any subsequent offence under this section to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. (2) Whenever a person is convicted of an offence under this section the court by whom such person is so convicted shall make an order (in this Act referred to as a consequential disqualification order) declaring such person to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order but not less than the appropriate minimum period. (3) For the purposes of this section but no further or otherwise a person shall be deemed to have been drunk while driving or attempting to drive a mechanically propelled vehicle if the court is satisfied that such person was, by reason of the consumption by him of intoxicating liquor or by reason of his having taken drugs, in such condition that he was incapable of exercising effective control over such vehicle while in motion. (4) Whenever a member of the Gárda Síochána is of opinion that an offence under this section is being or has been committed he may arrest without warrant the person believed by him to be committing or to have committed such offence. (5) Where a person is convicted by a Justice of the District Court of an offence under this section an appeal shall lie from such conviction to the Judge of the Circuit Court within whose Circuit th …