Road Traffic Act 2014

Road Traffic Act 2014 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 2014 Road Traffic Act 2014 Road Traffic Act 2014 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… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 3 of 2014 ROAD TRAFFIC ACT 2014 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Driver Licensing

Section 3

Section 4

Section 5

Section 6

PART 3

Penalty Points

Section 7

Section 8

Section 9

Section 10

PART 4

Intoxicated Driving Offences

Section 11

Section 12

Section 13

PART 5

Miscellaneous

Section 14

Section 15

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

Section 23

Section 24

Section 25

Section 26

PART 1

Preliminary and General Short title, commencement, collective citation and construction 1. (1) This Act may be cited as the Road Traffic Act 2014.

Definitions 2. In this Act— “Act of 2002” means Road Traffic Act 2002 ; “Act of 2006” means Road Traffic Act 2006 ; “Act of 2010” means Road Traffic Act 2010 ; “Act of 2012” means Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ; “first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence; “learner driver” means the holder of a learner permit (within the meaning of section 35(1) (inserted by section 11 of the Act of 2006)) of the Principal Act who does not hold a driving licence; “Minister” means Minister for Transport, Tourism and Sport; “Principal Act” means Road Traffic Act 1961 .

PART 2

Driver Licensing Novice driver 3. (1) For the purposes of this Act, a person who is the holder of a first driving licence is a novice driver for the period of 2 years from the date of its issue.

Display of N-plate or tabard by novice driver 4. (1) A novice driver shall not drive a mechanically propelled vehicle in a public place unless— (a) in the case of a motorcycle, there is displayed on a yellow fluorescent tabard worn over the person’s outside clothing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the person’s torso, or (b) in the case of a mechanically propelled vehicle other than a motorcycle, there are displayed on the vehicle rectangular plates or signs bearing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle.

Access to endorsements by approved vehicle insurers 5. (1) The Minister may, subject to such conditions as he or she may determine, allow a vehicle insurer, for the purpose of renewing approved policies of insurance, to— (a) have access to, inspect and examine endorsements on the entry (within the meaning of section 1(1) of the Act of 2002) relating to a person, and (b) be supplied with such copies of an entry or extracts from an entry as the vehicle insurer may reasonably require.

Amendment of Principal Act 6. The Principal Act is amended— (a) in section 33, by inserting after subsection (3C) (inserted by section 92 of the Act of 2010) the following: “(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h). (3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”, (b) in section 36(3) — (i) in paragraph (a), by deleting “the conviction and”, and (ii) in paragraph (c) (iv), by deleting “of the conviction and”, (c) in section 38, by inserting after subsection (7) the following: “(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion— (a) is committing, or has committed, an offence under subsection (1), and (b) is disqualified from holding a driving licence.”, and (d) in section 42(3) (inserted by section 10 of the Act of 2006), by substituting for paragraph (h) the following: “(h) the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;”.

PART 3

Penalty Points Repeal of section 53 of Act of 2010 7. Section 53 of the Act of 2010 is repealed.

Amendment of Act of 2002 — endorsement of penalty points 8. The Act of 2002 is amended— (a) in section 1(1) — (i) by inserting after the definition of “entry” the following: “ ‘Irish licence’ means an Irish driving licence or a learner permit granted under Part III of the Principal Act;”, and (ii) by substituting for the definition of “licence” the following: “ ‘licence’ means an Irish licence or a foreign driving licence, as the case may be;”, (b) in section 2— (i) in subsection (1), by substituting “under section 37 or 44 of the Road Traffic Act 2010 ” for “under section 103 (as inserted by this Act) of the Principal Act”, and (ii) by substituting for subsection (7) the following: “(7) If an entry in relation to a person cannot be identified or does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it pursuant to subsection (5) or (6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed.”, (c) in section 3, by substituting for subsection (1) the following: “(1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed— (a) equals or exceeds 12, or (b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7, the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly.”, and (d) in section 5(1), by substituting for paragraph (b) the following: “(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number— (i) equals or exceeds 12, or (ii) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7, specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing authority not later than 14 days from that date.”.

Amendment of section 54 of Act of 2010 9. Section 54 of the Act of 2010 is amended by deleting paragraph (c).

Amendment of First Schedule to Act of 2002 10. The First Schedule to the Act of 2002 is amended— (a) in Part 1— (i) in column (4) — (I) by inserting “3” at reference number 2, (II) by substituting “3” for each entry at reference numbers 7 and 18, (III) by inserting “3” at reference number 11, and (IV) by substituting “2” for the entry at reference number 13, (ii) in column (5), by substituting “5” for each entry at reference numbers 7, 13 and 18, (b) by inserting after Part 1 the following: “Part 1A ”, (c) in Part 4— (i) in column (2) at reference number 8, by substituting “Offence consisting of contravention of sub-article (5) (a) or (7) (d) of article 14” for “Offence consisting of contravention of article 14(5) ”, (ii) in column (3) — (I) at reference number 2, by inserting “driver of” before “vehicle”, (II) at reference number 22, by substituting “Failure by driver of vehicle to obey traffic lights at railway level crossing, swing bridge or lifting bridge or to halt at traffic sign adjacent to such lights” for “Failure by vehicle to obey traffic lights at railway level crossing or to halt at traffic sign adjacent to such lights”, and (III) at reference number 25, by substituting “90 km/h” for “50 mph”, (iii) in column (4) by substituting— (I) “3” for each entry at reference numbers 1, 4, 12, 13, 17 and 21, and (II) “2” for each entry at reference numbers 3, 10 and 14, (iv) in column (5) by substituting— (I) “5” for each entry at reference numbers 1, 12, 13, and 17, and (II) “4” for each entry at reference numbers 3, 10 and 14, (v) by inserting after reference number 26 (as amended by section 138

Part 11

Contravention of Regulation 3 of Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (S.I. No. 224 of 2000) In this Part— (a) ‘offence’ means an offence under section 11 of the Principal Act, (b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 ( S.I. No. 224 of 2000 ). ”.

PART 4

Intoxicated Driving Offences Obligation to perform impairment tests 11. The Act of 2010 is amended by substituting for section 11 the following: “11. (1) Where a member of the Garda Síochána is of opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(6)

Section 1

Amendment of Act of 2010 — taking of blood from unconscious driver 12. The Act of 2010 is amended— (a) in section 14 (inserted by section 8 of the Road Traffic (No. 2) Act 2011 )— (i) in subsection (1), by inserting “, or following,” after “in consequence of”, (ii) by inserting after subsection (3) the following: “(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to in subsection (1) cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.”, (iii) by substituting for subsection (4) the following: “(4) Before making a requirement of a person under subsection (1) or a direction under subsection (3A) the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.”, (iv) in subsection (5), by inserting “or a direction under subsection (3A)” after “under subsection (1) ”, (v) in subsection (6), by inserting “or of taking a specimen of his or her blood as directed under subsection (3A)” after “under subsection (1) ” and (vi) by inserting after subsection (9) the following: “(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed under subsection (3A).”, (b) in section 15— (i) in subsection (2), by inserting “(other than a specimen taken under section 14(3A))” after “of blood”, and (ii) by substituting for subsection (3) the following: “(3) As soon as practicable after— (a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or (b) in the case of any other specimen, subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau— (i) the completed form referred to in subsection (1), (ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect, (iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and (iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both sealed containers.”,

(c) in section 17(3), by inserting “, subject to section 17A(3),” after “the Bureau shall”, (d) by inserting after section 17 the following: “Permission following taking of blood sample from unconscious driver 17A. (1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to in section 14(1), require that person to give his or her permission for a completed certificate to be forwarded under section 17.

(7)

Section 1

Amendment of Principal Act — consequential disqualification order 13. The Principal Act is amended— (a) in section 26(4) (a) (v), by substituting “, 14 or 17A” for “or 14”, and (b) in the Second Schedule (as amended by section 43 of the Act of 2012)— (i) by inserting after paragraph 5 the following: “Failure to comply with requirement to perform impairment test 5A. An offence under section 11 of the Road Traffic Act 2010 .”, and (ii) by inserting after paragraph 6 the following: “Failure to give permission to forward specimen test certificate 6A. An offence under section 17A of the Road Traffic Act 2010 .”.

PART 5

Miscellaneous Interference with odometer of mechanically propelled vehicle 14. (1) A person shall not interfere or attempt to interfere with the odometer of a mechanically propelled vehicle.

Amendment of section 3 of Principal Act 15. Section 3(1) of the Principal Act is amended in the definition of “public service vehicle” by inserting “or combination of vehicles” after “mechanically propelled vehicle”.

R ecovery of sums paid by Motor Insurers’ Bureau of Ireland 16. The Principal Act is amended by inserting after section 78A (inserted by section 77 of the Act of 2010) the following: “78B. (1) Any proceedings initiated by or on behalf of the Motor Insurers’ Bureau of Ireland seeking recovery of liquidated sums paid by the Bureau pursuant to the MIBI Agreement may be brought under Order 2, rule 1 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

Amendment of section 106 of Principal Act 17. Section 106 of the Principal Act is amended— (a) in subsection (1), by inserting after paragraph (a) the following: “(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;”, (b) in subsection (3), by inserting after paragraph (a) the following: “(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) — (i) does so with intent to escape civil or criminal liability, and (ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance, on conviction on indictment to a fine not exceeding €10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment, (ab) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and (i) knows that the person to whom injury has been caused is dead, or (ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results, on conviction on indictment to a fine not exceeding €20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment,”, and (c) by inserting after subsection (3A) the following: “(3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.”.

Amendment of section 20 of Road Safety Authority Act 2006 — superannuation of RSA staff 18.

Section 20

of the Road Safety Authority Act 2006 is amended by substituting for subsection (5) the following: “(5) A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.”.

Amendment of section 2 of Public Transport Regulation Act 2009 19.

Section 2

of the Public Transport Regulation Act 2009 is amended in the definition of “bus” by inserting “or combination of vehicles” after “mechanically propelled vehicle”.

Amendment of section 29 of Act of 2010 — fixed penalty notice 20. Section 29 of the Act of 2010 is amended— (a) in subsection (11) (e), by deleting “(not being a specified person)”, and (b) in subsection (18A) (inserted by section 9 of the Road Traffic (No. 2) Act 2011 ), by inserting “or on behalf of” after “issued by”.

Amendment of section 38 of Act of 2010 — presumptions 21. Section 38(2) of the Act of 2010 is amended— (a) by inserting “or on behalf of” after “issued by”, and (b) by deleting “, until the contrary is shown”.

Amendment of section 81 of Act of 2010 — evidence in relation to speeding, etc.

Amendment of section 87 of Act of 2010 — exemptions for emergency vehicles 23. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following: “(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to— (a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 )) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) of a vehicle in the performance of the duties of that member, or (b) a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.”.

Amendment of Act of 2012 24. The Act of 2012 is amended— (a) in section 12(2) (b) (i) by substituting “from the commencement of this section” for “of the passing of this Act”, (b) in section 17(1), by inserting “and subject to such conditions as he or she considers appropriate” after “on an application to him or her”, (c) in section 19(b) by inserting “or, notwithstanding that the non-compliance has been rectified, the notification is a third or subsequent notification in respect of the same authorisation,” after “situation”, (d) by inserting after section 19 the following: “Provision of false information in application 19A. (1) Where the Minister determines that, in an application for— (a) an authorisation under section 9, (b) an amendment to an authorisation under section 14, (c) a renewal of an authorisation under section 15, or (d) an authorisation under section 17, a person provided information which was false or misleading, and which at the time of the application the person ought to have known was false or misleading, the Minister may revoke the authorisation to which the application relates.

Amendment of section 13 of Road Transport Act 2011 — fees 25.

Section 13

Repeals 26. The following are repealed: (a) section 5 of the Act of 2006; (b) section 32 of the Act of 2010; (c) section 53 of the Act of 2012.

Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais