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

Section 1

Short title.

Section 2

Commencement of Act.

Section 3

Definitions.

Section 4

Definition of pneumatic tyre.

Section 5

Application to persons and vehicles in the service of the State.

Section 6

General regulations.

Section 7

Public inquiries.

Section 8

Approval of bye-laws by the Minister.

Section 9

Proof of bye-laws.

Section 10

Finance.

Section 11

Disposal of fees and of fines.

Section 12

Saving for indictment for nuisance.

Section 13

Repeals.

PART II.

Classification, etc., of Mechanically Propelled Vehicles.

Section 14

Classification of mechanically propelled vehicles.

Section 15

Construction and equipment of mechanically propelled vehicles.

Section 16

Maximum weights of mechanically propelled vehicles.

Section 17

Special permits for particular vehicles.

Section 18

Calculation of the weight of mechanically propelled vehicles.

Section 19

Provision of weigh-bridges.

Section 20

Calculation of passenger accommodation of mechanically propelled vehicles.

PART III.

Licences to Drive Mechanically Propelled Vehicles.

Section 21

Licensing authority.

Section 22

Prohibition of driving mechanically propelled vehicle without licence.

Section 23

Restrictions on the holding of driving licences.

Section 24

Applications for driving licences.

Section 25

Granting of driving licences.

Section 26

Operation of driving licences.

Section 27

Signing of driving licence by grantee thereof.

Section 28

Duration of driving licence.

Section 29

Driving mechanically propelled vehicle when unfit.

Section 30

Driving mechanically propelled vehicle while drunk.

Section 31

Ancillary disqualification orders.

Section 32

Special disqualification orders.

Section 33

Operation of disqualification orders.

Section 34

Discharge of special disqualification orders.

Section 35

Endorsement of driving licences.

Section 36

Notification of orders and endorsements.

Section 37

Transfer of endorsement to new licence.

Section 38

Penalties for obtaining licence when disqualified, etc.

Section 39

Production of driving licences on demand by member of Gárda Síochána.

Section 40

Writing of signature on demand by member of Gárda Síochána.

Section 41

Production of driving licences to court.

Section 42

Grant of licences to non-residents.

Section 43

Regulations in relation to driving licences.

Section 44

Offences by officers of licensing authorities.

Section 45

Effect of existing licences under the Motor Car Act, 1903.

PART IV.

Speed Limits for Mechanically Propelled Vehicles.

Section 46

Ordinary speed limits.

Section 47

Variation of ordinary speed limits.

Section 48

Special speed limits.

Section 49

Prohibition of exceeding speed limits.

Section 50

Prohibition of careless driving.

Section 51

Prohibition of dangerous driving.

Section 52

Prohibition of driving dangerously defective vehicle.

Section 53

Special provisions for fire brigades, ambulances, etc.

Section 54

Ordering servant to exceed speed limit.

Section 55

Evidence and notice of offences.

PART V.

Compulsory Insurance by Owners of Mechanically Propelled Vehicles.

Section 56

Obligation to be insured or guaranteed.

Section 57

Fine in lieu of damages and imprisonment in addition to damages.

Section 58

Vehicle insurer.

Section 59

Vehicle guarantor.

Section 60

Exempted person.

Section 61

Deposits by vehicle guarantors and exempted persons.

Section 62

Approved policy of insurance.

Section 63

Approved guarantee.

Section 64

Approved combined policy and guarantee.

Section 65

Punishment for fraud, etc., in obtaining policy or guarantee.

Section 66

The excepted persons.

Section 67

Extended power of making regulations in relation to application for licence under Finance Act, 1920.

Section 68

Certificate of insurance and certificate of guarantee.

Section 69

Effect of certificate of insurance or of guarantee.

Section 70

Certificate of exemption.

Section 71

Production of certificate on demand.

Section 72

Obligation to deliver up certificate.

Section 73

Regulations in relation to certificates of insurance, etc.

Section 74

Obligation to give to insurer or guarantor notice of accident.

Section 75

Obligation of driver to give owner notice of accident.

Section 76

Amendment of the Assurance Companies Act, 1909.

Section 77

Keeping of records and giving of information by vehicle insurers, vehicle guarantors and exempted persons.

Section 78

Miscellaneous provisions in relation to insured or guaranteed moneys.

Section 79

Application and repayment of deposit.

Section 80

Special provisions for non-residents.

PART VI.

Certificates of Competency and Fitness.

Section 81

Issue of certificates of competency.

Section 82

Issue of certificates of fitness.

Section 83

Exemption from obligation to hold a driving licence.

PART VII.

Regulation and Control of Public Service Vehicles.

Section 84

Public service vehicle licenses.

Section 85

Application for public service vehicle licences.

Section 86

Restrictions on the grant of public service vehicle licences.

Section 87

Duration of public service vehicle licences.

Section 88

Annual fees on public service vehicle licences.

Section 89

Devolution of public service vehicle licence on death.

Section 90

Inspection of vehicles on application for public service vehicle licence.

Section 91

Transfer of public service vehicle licences.

Section 92

Appeal from refusal of public service vehicle licence.

Section 93

Prohibition of use of unlicensed public service vehicle.

Section 94

Penalty for using defective public service vehicle.

Section 95

Issue of vehicle plates.

Section 96

Obligation to carry vehicle plates on public service vehicles.

Section 97

Periodical inspection of licensed public service vehicles.

Section 98

Occasional inspection of licensed public service vehicles.

Section 99

Powers incidental to inspection and examination.

Section 100

Revocation of public service vehicle licences by a court.

Section 101

Revocation and suspension of public service vehicle licence by the Commissioner.

Section 102

Appeal against revocation or suspension of licence.

Section 103

Duty of licensee to notify change of address.

Section 104

Drivers' licences.

Section 105

Conductors' licences.

Section 106

Appeal from refusal of driver's or conductor's licence.

Section 107

Renewal of driver's or conductor's licence.

Section 108

Duration of drivers' and conductors' licences.

Section 109

Annual fees on drivers' and conductors' licences.

Section 110

Prohibition of unlicensed driver driving a public service vehicle.

Section 111

Obligation to carry conductor in certain cases.

Section 112

Prohibition of unlicensed conductor conducting a public service vehicle.

Section 113

Issue of drivers' badges and conductors' badges.

Section 114

Obligation to wear drivers' and conductors' badges.

Section 115

Revocation and suspension of drivers' and conductors' licences by Commissioner.

Section 116

Revocation and suspension by a court of drivers' and conductors' licences.

Section 117

Duty of licensed driver or conductor to notify change of address.

Section 118

Bye-laws in relation to the movements of large public service vehicles.

Section 119

Restriction of omnibuses to approved roads.

Section 120

Language of public notices and tickets of omnibuses.

Section 121

Limitation on number of passengers.

Section 122

Weekly period of rest for drivers and conductors.

Section 123

Regulations in relation to conduct of passengers, drivers, and conductors.

Section 124

Duty of passengers to pay fare, etc.

Section 125

Penalty for damaging public service vehicle.

Section 126

Penalty for failure to pay hire or fare.

Section 127

Property left in public service vehicles.

Section 128

Registers to be kept by the Commissioner.

Section 129

Giving of registers in evidence.

Section 130

Licences to continue in force.

PART VIII.

Special Provisions for Street Service Vehicles.

Section 131

Definition of use as a street service vehicle.

Section 132

Taximeter areas.

Section 133

Restriction on use of private hire vehicles.

Section 134

Taximeters on street service vehicles.

Section 135

Illumination of taximeters at night.

Section 136

Annual inspection and verification of taximeters.

Section 137

Bye-laws in relation to standings for street service vehicles.

Section 138

Colours of street service vehicles and uniforms of drivers.

Section 139

Fare bye-laws.

Section 140

Exhibiting notices of fare bye-laws in street service vehicles.

Section 141

Prohibition of excessive fares.

Section 142

Restriction on use of the word “taxi”.

Section 143

Duty of street service vehicle driver to hirer.

Section 144

Obligation of street service vehicle driver to accept hire.

Section 145

Rights of street service vehicle driver against hirer.

Section 146

Application of payments for prospective services.

PART IX.

Regulation of Traffic.

Section 147

Bye-laws for the control of traffic generally.

Section 148

Bye-laws for the control of traffic in relation to tramcars.

Section 149

Bye-laws for the control of traffic in specified areas.

Section 150

Parking places.

Section 151

Attendants at parking places.

Section 152

Obligation to pay fees in parking places.

Section 153

Provision of vehicle stations by local authorities.

Section 154

Prohibition of obstruction of traffic.

Section 155

Prohibition of unauthorised travelling on vehicles.

Section 156

Cyclists holding on to other vehicles.

Section 157

Prevention of obstruction of traffic by fairs and markets.

Section 158

Protection of bridges from excessive burdens.

Section 159

Closing of particular roads to vehicles.

Section 160

Saving for general power of the Commissioner.

PART X.

Lighting of Vehicles.

Section 161

Lights to be carried on vehicles.

Section 162

Lights on drawing and drawn vehicles.

Section 163

Regulations in relation to lamps on vehicles.

Section 164

Offences and penalties under this Part of this Act.

PART XI.

Miscellaneous.

Section 165

Taking vehicle without authority.

Section 166

Management of drawn vehicles.

Section 167

Unauthorised interference with mechanism of vehicle.

Section 168

Disposition of vehicle on arrest of driver, etc.

Section 169

Limitations on periods of continuous driving.

Section 170

Liability of Minister for Finance for negligent driving of State-owned vehicles.

Section 171

Extension of personal liability for negligent driving.

Section 172

Liability in respect of person driving with consent of owner.

Section 173

Duty of driver on occurrence of an accident.

Section 174

Reimbursement of hospitals.

Section 175

Right to demand name and address of pedal cyclists.

Section 176

Penalty for false declaration, etc.

Section 177

Duty to give information or demand of member of the Gárda Síochána.

Section 178

Identification of member of Gárda Síochána.

Section 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Restrictions on the holding of driving licences.

23.—(1) No person under the age of sixteen years shall hold a driving licence.

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.

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.”

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.

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.

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.

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.

Ancillary disqualification orders.

31.—(1) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence under the next foregoing section of this Act) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court by whom such person is so convicted may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person so convicted to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order.

Special disqualification orders.

32.—(1) Where an officer of the Gárda Síochána not below the rank of superintendent suspects that a person who is the holder of a driving licence is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this sub-section in respect of such person, and if such Justice is satisfied that such person is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle he may make an order declaring such person to be disqualified by reason of the mental or physical disability specified in such order for holding a driving licence during such period as such Justice shall think proper and shall specify in such order.

Operation of disqualification orders.

33.—(1) A person in respect of whom a disqualification order is made shall be disqualified for holding a driving licence during the period specified in that behalf in such order, and the driving licence (if any) held by such person at the date of such order shall be suspended until the expiration of such period or the expiration of such licence, whichever first happens.

Discharge of special disqualification orders.

34.—(1) Any person in respect of whom a special disqualification order has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the date of such order and before the expiration of the period of disqualification specified in such order, apply to a Justice of the District Court having jurisdiction in the place where such person ordinarily resides for the discharge of such order and such Justice may, as he shall think proper having regard to all the circumstances of the case, either refuse such application or make an order discharging such special disqualification order as from such date as he shall think proper and shall specify in such order.

Endorsement of driving licences.

35.—(1) Whenever a person who is the holder of a driving licence is convicted of an offence in connection with the driving of a mechanically propelled vehicle, the court may, if it does not make a consequential disqualification order or an ancillary disqualification order, cause particulars of such conviction to be endorsed in the prescribed manner on such licence.

Notification of orders and endorsements.

36.—Whenever a court makes a consequential disqualification order, an ancillary disqualification order, or a special disqualification order or an order annulling or varying any such disqualification order or an order discharging a special disqualification order or (without making any such disqualification order) causes particulars of a conviction to be endorsed on a driving licence, such court shall cause notice of such order or endorsement to be sent to the Minister who shall notify all licensing authorities in Saorstát Éireann of such order or endorsement.

Transfer of endorsement to new licence.

37.—(1) Whenever a driving licence (hereinafter referred to as the new licence) is granted under this Part of this Act to a person who is at the time of such grant or was previously thereto the holder of a driving licence (hereinafter referred to as the previous licence) which was endorsed under this Part of this Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act.

Penalties for obtaining licence when disqualified, etc.

38.—(1) If any person in respect of whom a consequential disqualification order or an ancillary disqualification order or a special disqualification order has been made applies for or obtains, before the expiration of the period of disqualification specified in such order, a driving licence (other than such (if any) driving licence as he may be authorised by such order to hold) he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, 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.

Production of driving licences on demand by member of Gárda Síochána.

39.—(1) Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of his driving licence, and if such person refuses or fails to produce such licence there and then he shall, unless within five days after the date on which such production was demanded he produces his licence in person to a member of the Gárda Síochána at a Gárda Síochána station to be named by such person at the time at which such production was so demanded, be guilty of an offence under this section.

Writing of signature on demand by member of Gárda Síochána.

40.—Any member of the Gárda Síochána may request any person driving a mechanically propelled vehicle or producing his driving licence at a Gárda Síochána station in pursuance of the next preceding section to sign his name in a book and with a pencil to be provided by such member and at the place in such book indicated by such member, and if such person on being so requested and on being provided with such book and pencil refuses or neglects to sign his name in such book or with such pencil or at the place in such book indicated by such member he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Production of driving licences to court.

41.—(1) Whenever the holder of a driving licence is convicted of any offence in connection with the driving of a mechanically propelled vehicle he shall, if so requested by the court by whom he is so convicted, produce such licence and if he fails to do so he shall be guilty of an offence under this section.

Grant of licences to non-residents.

42.—(1) The Minister may make provision for the grant by licensing authorities or other persons of driving licences to persons who ordinarily reside outside Saorstát Éireann, and for this purpose may by order make regulations in relation to all or any of the following matters, that is to say:— (a) the persons by whom such licences may be granted; (b) the fees if any to be paid in respect of the grant of such licences; (c) the disposition of such fees; (d) any other matter or thing incidental to the grant of such licences.

Regulations in relation to driving licences.

43.—(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) the granting of driving licences by licensing authorities; (b) the registers to be kept by licensing: authorities of grants of driving licences; (c) the issue by licensing authorities of duplicate licences in place of driving licences lost, destroyed, or mutilated; (d) the communication of particulars of driving licences granted by licensing authorities to other licensing authorities; (e) the making available for the use of members of the Gárda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act; (f) the prevention of the issue (otherwise than by way of renewal) of a driving licence to a person who holds a driving licence.

Offences by officers of licensing authorities.

44.—Every officer of a licensing authority who, in purported performance of his duty as such officer, does any act (whether of commission or omission) which is a contravention by such licensing authority of this Act or a regulation made thereunder or who, either alone or in conspiracy with another person, causes or attempts to cause such licensing authority to do any act (whether of commission or omission) which is a contravention of this Act or a regulation made thereunder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.

Effect of existing licences under the Motor Car Act, 1903.

45.—(1) Every licence granted under section 3 of the Motor Car Act, 1903, and bearing date as of a day prior to the commencement of this Part of this Act and in force at the commencement of this Part of this Act shall (notwithstanding that it bears a date prior to the commencement of this Part of this Act) be deemed to be a driving licence granted under this Part of this Act as of the date such licence actually bears and accordingly every such licence shall have the like force and effect after the commencement of this Part of this Act as it would have had if it had been granted under this Part of this Act as of the date it actually bears.

PART IV.

Speed Limits for Mechanically Propelled Vehicles.

Ordinary speed limits.

46.—(1) The speed of twenty-five miles an hour shall be the ordinary speed limit for light motor vehicles when being used for the traction of another vehicle.

Variation of ordinary speed limits.

47.—(1) The Minister may by order, if and whenever he thinks proper, vary by way of increase or reduction the ordinary speed limit fixed by this Part of this Act or by a previous order under this section in respect of any particular class or description of mechanically propelled vehicles.

Special speed limits.

48.—(1) Subject to the provisions of this section, the Minister may, after holding a public inquiry, by order make regulations prescribing in respect of any specified road or of all the roads in any specified area the speed which shall either at all times or during specified periods or on specified occasions be the special speed limit on such road or roads for all or any classes or class of vehicles and may so prescribe different speeds in respect of different classes of vehicles.

Prohibition of exceeding speed limits.

49.—(1) It shall not be lawful for any person to drive a mechanically propelled vehicle in a public place in which no special speed limit applicable to such vehicle is in force at a speed exceeding the ordinary speed limit (if any) applicable to such vehicle.

Prohibition of careless driving.

50.—Every person who drives a vehicle in a public place without exercising reasonable consideration for persons, vehicles, and other traffic using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Prohibition of dangerous driving.

51.—(1) Every person who drives a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition, and use of such place and the amount of traffic which then actually is or might reasonably be expected then to be in such place), is dangerous to the public shall be guilty of an offence under this section and shall, on summary conviction thereof, be liable, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a 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.

Prohibition of driving dangerously defective vehicle.

52.—Every person who drives a mechanically propelled vehicle in a public place while such vehicle or the machinery thereof has a defect which such person knew of or could have discovered by the exercise of ordinary care and which is of such character that such vehicle is, when in motion, a danger to other persons and vehicles using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Special provisions for fire brigades, ambulances, etc.

53.—(1) The Minister may by order make regulations exempting from any one or more specified provisions of this Part of this Act fire brigade vehicles, ambulances, and other special classes of vehicles and prescribing the conditions and limitations of any such exemption.

Ordering servant to exceed speed limit.

54.—(1) Where the owner of an omnibus instructs the driver thereof to observe a time-table and such time-table is so framed that such driver could not observe it without driving such omnibus at a speed which would be a contravention of this Part of this Act, such owner shall be deemed to aid, abet, counsel, or procure the commission of an offence punishable on summary conviction within the meaning of section 22 of the Petty Sessions (Ireland) Act, 1851 .

Evidence and notice of offences.

55.—(1) Where the proof of the commission of an offence under this Part of this Act involves the proof of the speed at which a person (whether the accused or another person) was driving a vehicle on a particular occasion, the uncorroborated evidence of one witness stating his opinion of the speed at which such person was driving such vehicle on that occasion shall not be accepted as proof of such speed.

PART V.

Compulsory Insurance by Owners of Mechanically Propelled Vehicles.

Obligation to be insured or guaranteed.

56.—(1) It shall not be lawful for any person (hereinafter referred to as the said driver) at any time to drive in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor, or an exempted person would be legally liable for injury caused by the negligent driving of such vehicle at that time or there is in force at that time either— (a) an approved policy of insurance whereby the said driver or some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver is insured against all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or (b) an approved guarantee whereby there is guaranteed the payment by the said driver or by some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver of all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or (c) an approved combined policy and guarantee whereby all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or some other person legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver or the personal representative of such person (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver are covered as to part thereof by such driver or such other person being insured against such part of such sums and as to the residue thereof by the payment of such residue of such sums by such driver or such other person being guaranteed.

Fine in lieu of damages and imprisonment in addition to damages.

57.—(1) Where a person is convicted of an offence under the next preceding section of this Act and it is proved to the satisfaction of the Court by whom such person is so convicted that injury (other than an excluded injury as defined in this section) was caused to person or property by the negligent driving on the occasion on which such offence was committed of the vehicle in relation to which such offence was committed and such Court is of opinion that some person then present in or represented before such Court would be entitled to recover in a civil action against the person so convicted damages in respect of such injury, such Court may, if it thinks fit so to do and the person so present or represented so consents, inflict on the person so convicted, in addition to any other punishment authorised by the said next preceding section, a fine not exceeding the damages which in the opinion of such Court the person so present or represented would be entitled so to recover against the person so convicted.

Vehicle insurer.

58.—In this Act the expression “vehicle insurer” means a person who is for the time being an assurance company within the meaning of the Assurance Companies Act, 1909 , as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and amended by this Act and has complied with that Act as so adapted and amended.

Vehicle guarantor.

59.—In this Act the expression “vehicle guarantor” means a person who— (a) is not a vehicle insurer, and (b) carries on the business of issuing approved guarantees, and (c) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees.

Exempted person.

60.—In this Part of the Act the expression “exempted person” means a person who— (a) is neither a vehicle insurer nor a vehicle guarantor, and (b) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who desire to become exempted persons.

Deposits by vehicle guarantors and exempted persons.

61.—(1) Any person (other than a vehicle insurer) who intends to carry on the business of issuing approved guarantees or who desires to become an exempted person may deposit and thereafter keep deposited with the Accountant of the Courts of Justice the sum of fifteen thousand pounds.

Approved policy of insurance.

62.—(1) A policy of insurance shall be an approved policy of insurance within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein; and (b) the vehicle insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such policy of a mechanically propelled vehicle to which such policy relates by the insured or by any of such other persons (if any) as are mentioned in that behalf in such policy; and (c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may be) which shall not be inserted in an approved policy of insurance; and (d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days' notice in writing to the insured.

Approved guarantee.

63.—(1) A guarantee shall be an approved guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (a) it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein; and (b) the vehicle insurer or vehicle guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such guarantee of a mechanically propelled vehicle to which such guarantee relates by the principal debtor or by any of such other persons (if any) as are mentioned in that behalf in such guarantee; and (c) the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may be) which shall not be inserted in an approved guarantee; and (d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor by whom it is issued save either with the consent of the principal debtor or after seven days' notice in writing to the principal debtor.

Approved combined policy and guarantee.

64.—(1) A document shall be an approved combined policy and guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (a) it is issued to a person (in this Act referred to as the insured) named therein; and (b) it complies with all the conditions required by this Act to be complied with by an approved policy of insurance save that the insurance thereby effected does not extend to the whole of the sums required by such conditions to be covered by such insurance; and (c) the payment by the insured of so much of the said sums as is not covered by such insurance is thereby guaranteed by the vehicle insurer by whom such document is issued; and (d) such document in so far as it relates to such guarantee complies with all the conditions required by this Act to be complied with by an approved guarantee.

Punishment for fraud, etc., in obtaining policy or guarantee.

65.—(1) Every person who, for the purpose or in the course of obtaining the issue of an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee to himself or to another person, commits any fraud or makes any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment for any term not exceeding two years or, at the discretion of the Court, to a fine not exceeding one hundred pounds.

The excepted persons.

66.—(1) In this Part of this Act the expression “excepted persons” means the following persons, that is to say:— (a) any person claiming in respect of personal injury to himself sustained while he was in or on a mechanically propelled vehicle (other than a public service vehicle) to which the relevant document relates, and (b) any person claiming in respect of personal injury (including personal injury causing death) to another person where such last-mentioned person would be an excepted person under the next preceding paragraph of this sub-section if he were claiming himself in respect of such personal injury and (where appropriate) such personal injury had not caused his death, and (c) any person claiming in respect of injury to property sustained while such property was in or on a mechanically propelled vehicle to which the relevant document relates, and (d) any person claiming in respect of injury to property sustained while such property was owned by or was in the possession, custody, or control of the insured or the principal debtor in the relevant document, and (e) any persons claiming in respect of injury to any weigh-bridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates, and (f) any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and (g) any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Act, 1906, or any Act (whether passed before or after this Act) extending or amending that Act.

Extended power of making regulations in relation to application for licence under Finance Act, 1920.

67.—The power of making regulations conferred by section 12 of the Roads Act, 1920 shall extend and is hereby extended to include the making of regulations requiring a person applying for a licence under section 13 of the Finance Act, 1920