Road Traffic Act, 1968

Road Traffic Act, 1968 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 1968 Road Traffic Act, 1968 Road Traffic Act, 1968 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 Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 25 of 1968 ROAD TRAFFIC ACT, 1968 ARRANGEMENT OF SECTIONS Part I Preliminary and General Section 1. Short title. 2. Interpretation. 3. Collective citation and construction. 4. Commencement. 5. Repeals. 6. Minor and consequential amendments of Principal Act. 7. Non-application of Public Offices Fees Act, 1879. Part II General Provisions Relating to Vehicles 8. Control of supply of vehicles. 9. Control of importation, etc, of vehicle parts. 10. Control and operation of trailers. 11. Determination of Maximum weights. 12. Inspection and examination of vehicles. 13. Inspection and examination of vehicles in large fleets. 14. Approval marks. 15. Obligatory penalty for excess weight. 16. Extension of powers of authorised officer under section 16 of Principal Act. 17. Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952. Part III Driving Licences 18. Regulations in relation to control of driving instruction. 19. Amendment of section 29 of Principal Act. 20. Operation of disqualification order. 21. Amendment of section 33 of Principal Act. 22. Limited certificates of competency for special cases. 23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person. Part IV Speed Limits 24. General speed limit. 25. Amendment of section 46 of Principal Act. 26. Amendment of section 47 of Principal Act. Part V Driving Offences 27. Definitions for Part V. 28. Obligation to provide preliminary specimen of breath. 29. Amendment of section 49 of Principal Act. 30. Obligation to provide, or permit taking of, specimen at Garda station (section 49). 31. Bar to certain defences to charges under section 49 of Principal Act. 32. Amendment of section 50 of Principal Act. 33. Obligation to provide, or permit taking of specimen at Garda station (section 50). 34. Bar to certain defences to charges under section 50 of Principal Act. 35. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act. 36. Defence to refusal to permit taking of specimen. 37. Establishment of Bureau for purposes of this Part. 38. Functions and duties of the Bureau. 39. Director of the Bureau. 40. Provisions of the establishment order. 41. Expenses of the Bureau. 42. Protection of Director, etc, against legal proceedings. 43. Procedure following taking or provision of specimen. 44. Evidential effect to of certificate under section 43. 45. Right to further analysis. 46. Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen. 47. Regulations for sections 27 to 46. 48. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. 49. Driving without reasonable consideration. 50. Careless driving. 51. Amendment of section 53 of Principal Act. 52. Amendment of section 55 of Principal Act. Part VI Compulsory Insurance 53. Cesser of provisions of Principal Act relating to approved guarantee. 54. Exempted person. 55. Deposits by exempted persons. Part VII Public Service Vehicles 56. Penalty for damaging public service vehicle. 57. Amendment of section 82 of Principal Act. 58. Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act. Part VIII Regulation of Traffic 59. Penalty on person found in a public place while under influence of intoxicating liquor or drug. 60. Regulations for the general control of traffic and pedestrians. 61. Amendment of section 93 of Principal Act. 62. Transfer of traffic functions to local authorities. 63. Removal of vehicles abandoned or unlawfully parked. Part IX Miscellaneous 64. Amendment of section 103 of Principal Act. 65. Taking vehicle without authority. 66. Investigation and inquiry by person authorised by Minister into accident involving vehicle. SCHEDULE Minor and Consequential Amendments of Principal Act Acts Referred to Road Traffic Act, 1961 1961, No. 24. Merchandise Marks Act, 1887 1887, c. 28. Merchandise Marks Act, 1931 1931, No. 48. Roads Act, 1920 1920, c. 72. Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24. Road Traffic Act, 1933 1933, No. 11. Roads Act, 1920 1920, c. 72. Civil Service Commissioners Act, 1956 1956, No. 45. Civil Service Regulation Act, 1956 1956, No. 46. Licensing Act, 1836 1836, c. 38. Licensing Act, 1872 1872, c. 94. Licensing (Ireland) Act, 1874 1874, c. 69. Summary Jurisdiction Act, 1908 1908, c. 24. Insurance Act, 1936 1936, No. 45. Petty Sessions (Ireland) Act, 1851 1851, c. 93.. Number 25 of 1968 ROAD TRAFFIC ACT, 1968 AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACT, 1961 , TO PROVIDE FOR THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES AND VEHICLES DRAWN BY SUCH VEHICLES, TO PROVIDE IN PARTICULAR FOR THE ASCERTAINMENT BY TESTS OF THE CONCENTRATION OF ALCOHOL IN THE BLOOD OF PERSONS IN CHARGE OF MECHANICALLY PROPELLED VEHICLES AND FOR OFFENCES BY SUCH PERSONS, TO MAKE PROVISIONS DESIGNED TO ENSURE THE ROADWORTHINESS OF VEHICLES AND THEIR EQUIPMENT, TO AUTHORISE CERTAIN CHARGES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th July, 1968] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :— PART I Preliminary and General Short title. 1.—This Act may be cited as the Road Traffic Act, 1968. Interpretation. 2.—(1) In this Act, “the Principal Act” means the Road Traffic Act, 1961 . (2) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended. (3) In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. Collective citation and construction. 3.—This Act and the Principal Act may be cited together as the Road Traffic Acts, 1961 and 1968, and shall be construed together as one Act. Commencement. 4.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act. Repeals. 5.—Sections 119 (which provides for the reimbursement of hospitals in certain cases when a person is injured as a result of negligent use of a mechanically propelled vehicle) and 88 (which provides for the making by the Commissioner of bye-laws for the general regulation and control of traffic and pedestrians in public places) of the Principal Act are hereby repealed. Minor and consequential amendments of Principal Act. 6.—Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is hereby amended in the manner stated in column (2) of that Schedule opposite the mention of that provision in column (1). Non-application of Public Offices Fees Act, 1879. 7.—The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under the Principal Act or this Act. PART II General Provisions Relating to Vehicles Control of supply of vehicles. 8.—(1) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, for delivery in such a condition that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section. (2) A person shall not alter a vehicle to which this subsection applies so as to render its condition such that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section. (3) Subject to regulations under this section, the Minister may issue a certificate or certificates (in this section referred to as type approval certificates) certifying that a vehicle of any type (in this section referred to as a type vehicle) complies with the prescribed requirements. (4) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, unless there is in force in respect of the vehicle and provided therewith either— (a) a test certificate issued under section 18 of the Principal Act, or (b) a certificate (in this section referred to as a certificate of conformity) issued under regulations under this section by the manufacturer or importer of the vehicle, or by a prescribed person, certifying that the vehicle conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate under subsection (3) is in force. (5) A person who contravenes subsection (1), (2) or (4) shall be guilty of an offence. (6) Nothing in subsections (1) to (5) shall affect the validity of a contract or any rights arising thereunder. (7) In any contract for the supply of a vehicle to which this subsection applies, it shall be a warranty that the vehicle which is the subject of the contract either— (a) complies with such requirements of the regulations under sections 11 and 12 of the Principal Act as may be prescribed for the purpose of this subsection, or (b) conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate is in force. (8) The Minister may make regulations for the purpose of giving effect to this section. (9) Regulations under this section may, in particular and without prejudice to the generality of subsection (8), make provision for all or any of the following matters: (a) the classes of vehicles to which subsection (1), (2), (4) or (7) applies; (b) exempting from subsection (1), (2), (4) or (7) the supply or alteration of vehicles for specified purposes or in specified circumstances; (c) specifying the requirements of regulations under sections 11 and 12 of the Principal Act to be complied with under subsection (1) or (2); (d) the issue and cancellation of certificates of conformity, including, in particular, the form of such certificates, the persons by whom and the conditions subject to which such certificates may be issued or cancelled; (e) the making of applications for type approval certificates, including, the payment of fees in respect of such applications, the disposal of such fees and the production of vehicles or evidence as to the design and construction of vehicles for examination; (f) the issue and cancellation of type approval certificates, including, in particular, the form of such certificates, the delegation of the powers of the Minister under subsection (3) to specified persons, and the conditions subject to which such certificates may be issued or cancelled; (g) the requirements to be complied with by type vehicles; (h) the arrangements to be made by persons issuing certificates of conformity to ensure that vehicles comply as respects the prescribed requirements with type vehicles; (i) providing, as respects a vehicle in course of construction or adaptation, for the issue at appropriate stages of construction or adaptation of certificates of conformity in respect of appropriate parts of the vehicle; (j) the period of validity of certificates issued under regulations under this section; (k) the keeping of records by specified persons; (l) powers of inspection of records and premises; (m) the modification and adaptation of this section in relation to imported vehicles (or parts thereof) in pursuance of any international agreement to which the State is a party. (10) Regulations under this section may make different provisions for different classes of cases coming within the same matter. (11) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. (12) In this section “supply” includes supply by way of sale, hire, loan or otherwise. Control of importation, etc., of vehicle parts. 9.—(1) The Minister may make regulations in relation to the importation, supply and fitting of vehicle parts. (2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters: (a) prohibiting importation either absolutely or save under a licence (which may contain conditions) issued by the Minister or by specified persons; (b) prohibiting, either absolutely or save under a licence (which may contain conditions) issued by the Minister, persons from supplying, or offering to supply, specified goods or specified classes of goods; (c) prohibiting persons from fitting, or offering to fit, vehicle parts to a vehicle— (i) where the importation or supply of such parts is prohibited under this section, (ii) where the use of a vehicle with such parts in a public place would contravene regulations under section 11 of the Principal Act, (iii) save in a prescribed manner; (d) requiring persons supplying specified vehicle parts to supply therewith instructions relating to the fitting and use of such parts. (3) Different regulations may be made under this section in respect of different classes of vehicle parts and for different circumstances. (4) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. (5) In this section— “vehicle part” means any article made or adapted for use as part of a vehicle or for use as part of the equipment of a vehicle and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in a vehicle and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred; “supply” includes supply by way of sale, hire, loan or otherwise. Control and operation of trailers. 10.—(1) The Minister may make regulations in relation to the control and operation of vehicles drawn by mechanically propelled vehicles. (2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters: (a) the licensing of drawn vehicles; (b) the payment of specified fees in respect of applications for licences or plates under the regulations and the disposition of such fees; (c) the conditions subject to which drawn vehicles may be operated in public places; (d) the keeping of specified records, the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued; (e) the production of the records and certificates to members of the Garda Síochána and specified officers of the Minister. (3) Different regulations may be made under this section for different circumstances and in respect of different classes of vehicles. (4) A certificate purporting to be issued pursuant to regulations under this section and stating that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters so stated. (5) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held. (6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner of the vehicle, the owner shall also be guilty of an offence. Determination of maximum weights. 11.—(1) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle and exhibited thereon a plate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part. (2) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle a certificate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part. (3) Where a person contravenes subsection (1) or (2) he shall be guilty of an offence and, where that person is not the owner of the vehicle, the owner shall also be guilty of an offence. (4) Where a person charged with an offence under subsection (3) is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that the use was unauthorised. (5) The owner of a vehicle to which this section applies may apply to the issuing authority for a plate and a certificate under this section in respect of the vehicle. (6) Where an application is made under subsection (5) the issuing authority shall determine the descriptions of maximum weights which are not to be exceeded in the case of the vehicle or of any combination of vehicles of which it is a part and shall issue a plate and a certificate in the prescribed forms in respect of the vehicle. (7) The Minister may make regulations for the purpose of giving effect to this section. (8) Regulations under this section may, in particular and without prejudice to the generality of subsection (7), provide for all or any of the following matters: (a) the classes of vehicles to which this section applies; (b) exempting from subsections (1) and (2) the use of vehicles for specified purposes or in specified circumstances; (c) the specifying of the persons to be issuing authorities for the purposes of this section; (d) the manner in which maximum weights shall be determined, the manner in which any particulars relevant to such determination shall be ascertained or calculated, and the carrying out of tests for the purpose of such determinations; (e) the making of applications for plates and certificates under this section and the specifying of conditions subject to which such applications may be made; (f) the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees; (g) the keeping of records by specified persons; (h) the forms and periods of validity of plates and certificates under this section; (i) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6); (j) providing, in the event of a specified alteration to a vehicle in respect of which a plate and certificate under this section have been issued, for the surrender of the plate and certificate to a specified person; (k) the issue by issuing authorities of duplicate plates and certificates under this section in place of plates and certificates lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees; (l) providing in specified cases that the determination of descriptions of maximum weights and other particulars on plates and certificates under this section shall be subject to the general or particular approval of the Minister; (m) providing for the production to specified officers of the Minister, to members of the Garda Síochána, or to other specified persons of certificates under this section and of records kept under this section. (9) Regulations under this section may make different provisions for different classes of cases coming within the same matter. (10) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. (11) A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence. (12) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority. Inspection and examination of vehicles. 12.—(1) (a) Whenever an authorised officer of the Minister observes a mechanically propelled vehicle or a combination of vehicles in a public place he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may, subject to regulations under this section, do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary. (b) A person who contravenes a requirement of an authorised officer of the Minister under this subsection or who obstructs such an authorised officer in the performance of his functions under this subsection shall be guilty of an offence. (2) (a) Whenever the Minister has reasonable grounds for believing that a mechanically propelled vehicle or a combination of vehicles has been used in a public place, he may require the owner of the vehicle or combination to submit it for examination by a person authorised by the Minister at a time and place and in a condition of loading specified by the Minister. (b) A person who contravenes a requirement under paragraph (a) or who obstructs an authorised person in the performance of his functions under this subsection shall be guilty of an offence. (3) The Minister may make regulations for the purpose of giving effect to this section. (4) Regulations under this section may, in particular and without prejudice to the generality of subsection (3), provide for all or any of the following matters: (a) the circumstances in which inspections and examinations may be carried out; (b) the nature of inspections and examinations; (c) the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out; (d) the requirements which may be made of persons in charge of vehicles or combinations of vehicles for the purpose of carrying out inspections and examinations; (e) the authorising of officers of the Minister to be authorised officers for the purposes of this section; (f) the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section; (g) the delegation by the Minister to specified persons of his powers under subsection (2) (a); (h) the keeping of records and the furnishing of reports by authorised persons. (5) Regulations under this section may make different provisions for different classes of vehicles and different circumstances. (6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner thereof, the owner shall also be guilty of an offence. (7) In this section “examination” includes test. Inspection and examination of vehicles in large fleets. 13.—(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding two tons in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder. (2) The Minister may make regulations— (a) requiring a person to whom this section applies to arrange, in accordance with a scheme approved by the Minister, for the inspection and examination from time to time of the vehicles (or a specified class thereof) owned or operated by that person, (b) providing for the keeping of records of such inspections and examinations and of the action taken to remedy any defects discovered in the course of such inspections and examinations, and (c) providing for the production of such records to officers of the Minister. (3) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. Approval marks. 14.—(1) Where an international agreement to which the State is a party provides for— (a) markings to be applied to vehicles or to vehicle parts for the purpose of indicating conformity of a vehicle part with a type approved by any country, and (b) vehicle parts bearing those markings, or in respect of which markings have been applied to a vehicle, to be recognised as complying with the requirements imposed by the law of another country, the Minister may be regulations designate the markings as approval marks, and the use of any markings so designated shall be deemed for the purposes of the Merchandise Marks Acts, 1887 to 1931, to be a trade description, whether or not they are commonly taken, according to the custom of the trade, to be such indication as is mentioned in subsection (1) (a). (2) A person who, not being authorised by the competent authority to apply an approval mark, applies that mark (or a mark so nearly resembling it as to be calculated to deceive) shall be guilty of an offence under the Merchandise Marks Act, 1887 . (3) Section 30 of the Merchandise Marks Act, 1931 , shall not apply to an offence committed in connection with an approval mark. (4) (a) The Minister may by regulations specify the conditions (including payment of fees) subject to which approval of a type may be given on behalf of the State or subject to which the use of approval marks indicating conformity of a vehicle part with a type approved by the State may be authorised, and may provide for the disposition of fees. (b) Different regulations may be made under this subsection in respect of different classes of cases. (5) In this section— “vehicle part” means any article made or adapted for use as part of either a mechanically propelled vehicle or a vehicle drawn thereby, or for use as part of the equipment of either of such vehicles, and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in either of such vehicles; “the competent authority” means— (a) as respects any approval mark indicating conformity with a type approved by the State, the Minister, and (b) as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark; “conformity of a vehicle part with a type approved” includes conformity of a vehicle, fitted with the part in question, with a type vehicle approved as respects only the requirement or requirements which the part enables the vehicle to fulfil. Obligatory penalty for excess weight. 15.—(1) Where— (a) a vehicle exceeding seventeen tons in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road, (b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and (c) the excess weight during such use was not less than one ton, the court which so convicted shall, in addition to any penalty which may be imposed under section 102 of the Principal Act, impose on the owner so convicted, a penalty fixed in accordance with the Table to this section. (2) A penalty imposed under this section shall be paid to the road authority responsible for the maintenance of the road on which the offence was committed. (3) Where a sum becomes recoverable under section 17 of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the sum shall be reduced by the amount of the penalty. (4) Where damages become recoverable under section 93 (8) of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the damages shall be reduced by the amount of the penalty. (5) In this section— “excess weight” means— (a) in the case of a single vehicle, the excess of the weight laden (within the meaning of the relevant regulations) of the vehicle over the maximum weight laden of the vehicle specified by the relevant regulations applying in relation to the vehicle, (b) in the case of a combination of vehicles, the excess of the weight laden (within the meaning of the relevant regulations) of the combination over the maximum weight laden of the combination specified by the relevant regulations applying in relation to the combination, together with the excess weight (if any) of each of the individual vehicles forming the combination as calculated in the manner specified in paragraph (a); “relevant regulations” means the regulations for the time being in force under section 12 of the Principal Act. TABLE Where the excess weight is more than 1 ton but less than 2 tons   £5 Where the excess weight is more than 2 tons but less than 3 tons  £15 Where the excess weight is more than 3 tons but less than 4 tons  £35 Where the excess weight is more than 4 tons but less than 5 tons  £75 Where the excess weight is more than 5 tons £150 Extension of powers of authorised officer under section 16 of Principal Act. 16.—(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended— (a) to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and (b) to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as— (i) the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or (ii) the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road. (2) A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii). Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952. 17.—(1) The power to make regulations conferred by section 12 of the Roads Act, 1920 , shall include— (a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , in respect of a mechanically propelled vehicle to produce in prescribed cases such certificate under this Part as may be prescribed and any other prescribed document for the purposes of this Part, (b) power to make regulations providing for the insertion in prescribed cases by the licensing authority of prescribed particulars on certificates and documents mentioned in paragraph (a). (2) In this section “licensing authority” means the council of a county or the corporation of a county borough. PART III Driving Licences Regulations in relation to control of driving instruction. 18.—(1) The Minister may make regulations in relation to the control of the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle. (2) Regulations under this section may, in particular and without any prejudice to the generality of subsection (1), provide for all or any of the following matters: (a) the licensing of driving instructors; (b) the qualifications of licensed driving instructors; (c) the payment of specified fees in respect of licences and applications for licences and the disposition of such fees; (d) the conduct and duties of licensed driving instructors; (e) the keeping and inspection of specified records, the issue of specified certificates and the specifying of the persons by whom such records are to be kept and such certificates are to be issued; (f) the inspection of courses of instruction given by licensed driving instructors and of vehicles used by them when giving such courses; (g) the prohibition or the restriction of the giving for reward by a person other than a licensed driving instructor, of instruction in or in respect of the driving of a mechanically propelled vehicle, and the prohibition of a person from employing a driving instructor who is not a licensed driving instructor for the purpose of giving instruction for reward in or in respect of the driving of a mechanically propelled vehicle; (h) the prohibition of a person other than a licensed driving instructor from holding himself out as a licensed driving instructor, and the prohibition of a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor; (i) the type of vehicle in which the giving for reward of instruction in or in respect of the driving of a mechanically propelled vehicle may be carried on, the fittings required to be in or on such a vehicle and the prescribing of any other conditions subject to which such a vehicle may be used for such instruction. (3) Different regulations may be made under this section in respect of different classes of vehicles and for different circumstances. (4) A certificate purporting to be issued pursuant to regulations under this section and stating that a specified person was on a specified day the holder of a licence under the regulations shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters so stated. (5) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held. (6) Whenever a person (in this subsection referred to as the instructor) is accompanying the holder of a provisional licence (within the meaning of section 35 of the Principal Act) while such holder is driving a mechanically propelled vehicle in a public place, the instructor shall be deemed, in any prosecution for an offence under this section, to be giving for reward instruction in or in respect of the driving of that vehicle until the contrary is shown by the instructor. (7) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in the case of a contravention of a regulation prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, shall be liable on summary conviction 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. Amendment of section 29 of Principal Act. 19.—Section 29 of the Principal Act (which relates to the removal of disqualification under consequential or ancillary disqualification orders) is hereby amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) A person in respect of whom a consequential 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 beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than six months after the beginning of the period of disqualification. (b) A person in respect of whom an ancillary disqualification order specifying a period of disqualification exceeding three months has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of two months from the beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than three months after the beginning of the period of disqualification.”, and (b) by the insertion after subsection (7) of the following subsection: “(8) A person intending to make an application under this section shall give fourteen days' notice in writing of his intention to the Superintendent of the Garda S[html]och[html]na for the district in which the person ordinarily resides.” Operation of disqualification order. 20.—The Principal Act is hereby amended by the substitution of the following section for section 30: “Operation of disqualification order. 30. (1) A person in respect of whom a consequential, ancillary or special disqualification order is made shall stand disqualified in accordance with the order for holding a driving licence, and a driving licence held by him at the date of the order shall stand suspended correspondingly. (2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed. (3) (a) Save as provided by paragraphs (b) to (e) of this subsection— (i) a special disqualification order shall come into operation immediately it is made and a consequential or ancillary disqualification order shall come into operation on the fifteenth day after it is made, (ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed. (b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal. (c) Where a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, notice of which is lodged within fourteen days of the making of the order, and the convicted person has duly entered into a recognisance to prosecute the appeal, the operation of the order shall stand suspended pending the appeal. (d) When making, confirming or varying a consequential or ancillary disqualification order the court may, at its discretion but subject to paragraph (e) of this subsection, postpone the operation of the order for a period not exceeding six months. (e) A Court shall not postpone under paragraph (d) of this subsection the operation of a consequential or ancillary disqualification order unless it is satisfied that a special reason (which it shall specify when postponing the operation of the order) relating to his personal circumstances (including the nature of his employment) has been proved by the convicted person to exist in his particular case. (4) Where— (a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made, (b) the operation of the order stands suspended pending the appeal, and (c) the appellant has given notification in writing that he wishes to withdraw the appeal, the suspension of the operation of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day. (5) Where— (a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, (b) the operation of the order stands suspended pending the appeal, and (c) the appeal is not prosecuted or the order is confirmed or varied by the appellate court, the period of disqualification shall begin on the day on which the appropriate order of the appellate court is made, save in a case where the operation of the consequential or ancillary disqualification order is postponed under paragraph (d) of subsection (3) of this section. (6) Where— (a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the appropriate licensing authority a certificate of competency or fitness, and (b) such person produces to that authority such certificate, the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.” Amendment of section 33 of Principal Act. 21.—Section 33 of the Principal Act (which relates to certificates of competency) is hereby amended by the insertion after subsection (3) of the following subsection: “(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard. (b) A person aggrieved by a refusal, in pursuance of paragraph (a) of this subsection, to carry out a test may appeal to a Justice of the District Court having jurisdiction in the place in which the person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the eyesight or corrected eyesight of the applicant complies with the prescribed standard, direct the issuing authority to test or cause to be tested the applicant under subsection (3) of this section. (c) A decision under this subsection of a Justice of the District Court shall be final and not appealable.” Limited certificates of competency for special cases. 22.—(1) Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class. (2) Where the certificate of competency accompanying, pursuant to section 22 (3) (c) of the Principal Act, an application under that section for a driving licence contains a statement that the certificate is limited to a specified type of vehicle belonging to a specified class, any driving licence issued in pursuance of that application shall, notwithstanding anything in that Act, contain a statement that, in relation to that class, the licence is limited to a vehicle of the type specified in the certificate and the licence shall, for the purposes of section 38 of the Principal Act, have effect accordingly. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person. 23.—(1) A person who undergoes or attempts to undergo a test arranged under section 33 of the Principal Act in the name of some other person shall be guilty of an offence. (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding fifty 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. (3) Where a certificate of competency is issued on completion of a test in relation to which an offence under this section has been committed, such certificate and any driving licence granted in pursuance of an application accompanied by such certificate shall be void and of no effect. PART IV Speed Limits General speed limit. 24.—Part IV of the Principal Act is hereby amended by the insertion after section 44 of the following section: “General speed limit 44A (1) The Minister may make regulations prescribing, in respect of all public roads, or all public roads with such exceptions as may be specified in the regulations, a speed limit (which shall be known as a general speed limit) for all mechanically propelled vehicles. (2) Regulations under this section prescribing a general speed limit may except any class of vehicles from the limit and may restrict the limit to a particular period or to particular periods.” Amendment of section 46 of Principal Act. 25.—Section 46 of the Principal Act is hereby amended by the deletion of subsection (2) and by the deletion of “of the day and night” in subsection (3) (b). Amendment of section 47 of Principal Act. 26.—Section 47 of the Principal Act is hereby amended— (a) by the insertion after subsection (2) of the following subsection: “(2A) In a prosecution for an offence under this section for driving a mechanically propelled vehicle, at a speed exceeding the built-up area speed limit or a special speed limit applying in relation to the vehicle, on a road in respect of which the built-up area speed limit or a special speed limit is indicated by one or more than one traffic sign within the meaning of section 95 of this Act, it shall be presumed, until the contrary is shown by the defendant, that the limit so indicated applied in respect of that road at the time when the offence is alleged to have been committed.”, and (b) by the insertion after subsection (3) (a) of— “(aa) a general speed limit,”. PART V Driving Offences Definitions for Part V. 27.—In this Part— “analysis” includes examination, assessment, chemical analysis and any other operation used in ascertaining the concentration of alcohol in a specimen of breath, blood or urine, and cognate words shall be construed accordingly; “Bureau” has the meaning assigned to it in section 37 (1); “designated” means designated by the member of the Garda Síochána then in charge of the Garda station; “Director” has the meaning assigned to it in section 39 (1); “establishment order” has the meaning assigned to it in section 37 (1); “registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927 . Obligation to provide preliminary specimen of breath. 28.—(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require him to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath. (2) A person who refuses or fails to comply forthwith with a requisition under this section shall be guilty of an offence. (3) A member of the Garda Síochána may arrest without warrant— (a) a person who has been driving or attempting to drive a mechanically propelled vehicle in a public place and who, in the opinion of the member, is committing or has committed an offence under this section, or (b) a person who is or has been in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle but not driving or attempting to drive it and who, in the opinion of the member, is committing or has committed an offence under this section. Amendment of section 49 of Principal Act. 29.—Section 49 of the Principal Act is hereby amended by the insertion after “the vehicle” in subsection (1) of “or while thereis present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 125 milligrammes of alcohol per 100 millilitres of blood”. Obligation to provide, or permit taking of, specimen at Garda station (section 49). 30.—(1) Where a person (in this section referred to as the arrested person) arrested under section 49 (4) of the Principal Act or section 28 (3) (a) of this Act has been brought to a Garda station the member of the Garda Síochána then in charge there may do either or both of the following— (a) require the arrested person to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for showing the concentration of alcohol in the breath or blood or into a receptacle designed for preserving the specimen for subsequent analysis, (b) require the arrested person either to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood or, if the arrested person so opts, to provide for the designated registered medical practitioner a specimen of the arrested person's urine in accordance with the prescribed procedure. (2) Notwithstanding subsection (1), when an arrested person who opted to provide in accordance with the prescribed procedure a specimen of urine fails to do so, he may be required by the member of the Garda Síochána in charge of the station to permit the designated registered medical practitioner to take from the arrested person a specimen of his blood. (3) An arrested person (other than a person who has provided a specimen of his urine in accordance with the prescribed procedure) who, following a requisition under this section, refuses or fails to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood shall be guilty of an offence and shall be liable on summary conviction to imprisonment for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds or to both such imprisonment and such fine. (4) An arrested person who refuses or fails to comply with a requisition under subsection (1) (a) shall be guilty of an offence. (5) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section. Bar to certain defences to charges under section 49 of Principal Act. 31.—It shall not be a good defence for a person charged under section 49 of the Principal Act with driving or attempting to drive a mechanically propelled vehicle in a public place while he was under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle to show that— (a) an analysis or determination under this Part has not been carried out, and (b) he has not been required under section 30 (1) (a) or 33 (1) (a) to provide a specimen of his breath. Amendment of section 50 of Principal Act. 32.—Section 50 of the Principal Act is hereby amended— (a) by the insertion after “is unfit to drive the vehicle” in subsection (2) of “or in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his blood will exceed a concentration of 125 milligrammes of alcohol per 100 millilitres of blood”, (b) by the substitution of the following subsection for subsection (4): “(4) In a prosecution for an offence under this section, it shall be presumed that the defendant intended to drive or attempt to drive the vehicle until he shows the contrary.”, and (c) by the insertion after “the repealed Act” in subsection (7) of “or under section 30 (3) or 33 (3) of the Road Traffic Act, 1968”. Obligation to provide, or permit taking of, specimen at Garda station (section 50). 33.—(1) Where a person (in this section referred to as the arrested person) arrested under section 50 (6) of the Principal Act or section 28 (3) (b) of this Act has been brought to a Garda station, the member of the Garda Síochána then in charge there may do either or both of the following— (a) require the arrested person to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for showing the concentration of alcohol in the breath or blood or into a receptacle designed for preserving the specimen for subsequent analysis, (b) require the arrested person either to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood or, if the arrested person so opts, to provide for the designated registered medical practitioner a specimen of the arrested person's urine in accordance with the prescribed procedure. (2) Notwithstanding subsection (1), when an arrested person who opted to provide in accordance with the prescribed procedure a specimen of urine fails to do so, he may be required by the member of the Garda Síochána in charge of the station to permit the designated registered medical practitioner to take from the arrested person a specimen of his blood. (3) An arrested person (other than a person who has provided a specimen of his urine in accordance with the prescribed procedure) who, following a requisition under this section, refuses or fails to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment 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 such imprisonment. (4) An arrested person who refuses or fails to comply with a requisition under subsection (1) (a) shall be guilty of an offence. (5) A person convicted of an offence under this section who has been previously convicted of an offence under section 30 of the Road Traffic Act, 1933 , section 49 or 50 of the Principal Act or section 30 (3) of this Act shall, for the purposes of determining his liability to punishment under this section, be treated as having been previously convicted of an offence under this section. Bar to certain defences to charges under section 50 of Principal Act. 34.—It shall not be a good defence for a person charged under section 50 of the Principal Act with being unfit to drive a mechanically propelled vehicle when in charge thereof in a public place with intent to drive or attempt to drive the vehicle but not driving or attempting to drive the vehicle, to show that— (a) an analysis or determination under this Part has not been carried out, and (b) he has not been required under section 30 (1) (a) or 33 (1) (a) to provide a specimen of his breath. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act. 35.—(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33. (2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is adduced by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant that but for that consumption the concentration of alcohol in the defendant's blood (as specified in a certificate under section 43 (3) or 45 (2)) would not have exceeded a concentration of 125 milligrammes of alcohol per 100 millilitres of blood. (3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath, blood or urine) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act. (b) A person who contravenes this subsection shall be guilty of an offence. (4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath, blood or urine) was so taken with the intention of frustrating a prosecution under the said section 49 or 50, the court may find him guilty of an offence under subsection (3). Defence to refusal to permit taking of specimen. 36.—(1) In a prosecution for refusing or failing to permit a designated registered medical practitioner to take a specimen of blood, it shall be a good defence for the defendant— (a) to show that, when brought to the Garda station and before a requisition under section 30 (1) (b) or section 33 (1) (b) was made on him, he was not given an opportunity by the member of the Garda Síochána then in charge there (having requested such an opportunity of such member) of providing in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath, or (b) to show that, when required to permit the taking of the specimen, he had not been cautioned in the prescribed terms of the possible effects of his refusal or failure, or (c) to satisfy the court that there was a special and substantial reason for his refusal or failure. (2) Notwithstanding subsection (1) (c), on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the fact that the defendant refused or failed to provide, or permit the taking of, a specimen of blood or urine may be …