Road Traffic Act 2024

Road Traffic Act 2024 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 2024 Road Traffic Act 2024 Road Traffic Act 2024 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 Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 10 of 2024 ROAD TRAFFIC ACT 2024 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

PART 2

Penalty Points

Section 3

Section 4

PART 3

Speed Limits

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

PART 4

Intoxicated Driving Offences - Obligation to Provide Oral Fluid

Section 12

Section 13

Section 14

Section 15

PART 5

Miscellaneous Amendments

Section 16

Section 17

Section 18

Section 19

Section 20

Section 21

Section 22

PART 1

Preliminary and General Short title, commencement and collective citation 1. (1) This Act may be cited as the Road Traffic Act 2024.

Definitions 2. In this Act— “Act of 1961” means the Road Traffic Act 1961 ; “Act of 2002” means the Road Traffic Act 2002 ; “Act of 2004” means the Road Traffic Act 2004 ; “Act of 2010” means the Road Traffic Act 2010 ; “Act of 2023” means the Road Traffic and Roads Act 2023 .

PART 2

Penalty Points Endorsement of penalty points in respect of offences alleged to have been committed on same occasion 3. (1) Section 2 of the Act of 2002 is amended— (a) by the substitution of the following subsection for subsection (2): “(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule, standing so specified on the day of the commission of the alleged offence, shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence irrespective of whether or not the person— (a) committed more than one penalty point offence on a single occasion, or (b) made one or more payments referred to in subsection (1) in respect of penalty point offences alleged to have been committed on the same occasion as the penalty point offence of which the person is convicted.”, (b) by the repeal of subsection (3), (c) by the insertion of the following subsections: “(3A) Where a person, whether on the same occasion or not, makes 3 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, penalty points in respect of 2 only of the alleged offences, determined, where appropriate, in accordance with subsection (4A), shall together be endorsed on the entry relating to the person. (4A) In a case referred to in subsection (3A), if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one or more of the alleged offences concerned differs from that or those in respect of the others, the 2 numbers which are biggest shall together be endorsed on the entry.”, (d) by the repeal of subsection (4), (e) in subsection (5), by the substitution of “subsections (3A), (4A), (7) and (8)” for “subsections (3), (7) and (8)”, and (f) in subsection (6), by the substitution of “subsections (7) and (8)” for “subsections (3), (7) and (8)”.

Additional amendment of section 2 of Act of 2002 4. (1) Section 2 of the Act of 2002 is amended— (a) in subsection (8), by the substitution of “Subject to subsection (8A), where,” for “Where,”, and (b) by the insertion of the following subsection after subsection (8): “(8A) Penalty points in respect of a penalty point offence shall be endorsed on the entry of a person where, upon conviction of the person of the penalty point offence, an ancillary disqualification order is made in respect of the person for a period of 6 months or less.”.

PART 3

Speed Limits Amendment of section 47 of Act of 1961 5. Section 47(3) of the Act of 1961 is amended— (a) by the substitution of the following paragraph for paragraph (c): “(c) the regional roads speed limit,”, (b) by the insertion of the following paragraph after paragraph (c): “(ca) the local roads speed limit,”, and (c) by the insertion of the following paragraph after paragraph (d): “(da) the national primary roads speed limit,”.

Amendment of section 5 of Act of 2004 6. Section 5(1) of the Act of 2004 is amended by the substitution of “30 kilometres per hour” for “50 kilometres per hour”.

Amendment of section 6 of Act of 2004 7. The Act of 2004 is amended by the substitution of the following section for section 6: “Regional roads speed limit and local roads speed limit 6. (1) There is a speed limit (‘regional roads speed limit’) of 80 kilometres per hour in respect of all regional roads, other than regional roads in built-up areas, for all mechanically propelled vehicles.

Amendment of section 7 of Act of 2004 8. Section 7(1) of the Act of 2004 is amended— (a) by the substitution of “80 kilometres per hour” for “100 kilometres per hour”, and (b) by the insertion of “national roads classified by the Minister as national primary roads by order under section 10 of the Roads Act 1993 , and” after “other than”.

National primary roads speed limit 9. The Act of 2004 is amended by the insertion of the following section after section 7: “National primary roads speed limit 7A. (1) There is a speed limit (‘national primary roads speed limit’) of 100 kilometres per hour in respect of all national roads classified by the Minister as national primary roads by order under section 10 of the Roads Act 1993 , (‘national primary roads’) other than national primary roads in built-up areas, for all mechanically propelled vehicles.

Amendment of section 9 of Act of 2004 10. Section 9(2) of the Act of 2004 is amended— (a) by the deletion, in paragraph (b), of “in respect of any road other than a road in a built-up area,”, (b) by the substitution of the following paragraph for paragraph (c): “(c) 60 kilometres per hour, in respect of any road other than a local road,”, (c) by the substitution, in paragraph (d), of “a national road, a local road” for “a national road”, and (d) by the deletion, in paragraph (e), of “non-urban”.

Amendment of section 9A of Act of 2004 11. Section 9A(2)(b) (inserted by section 54 of the Act of 2023) of the Act of 2004 is amended by the deletion of “in respect of any national managed road other than a national managed road in a built-up area”.

PART 4

Intoxicated Driving Offences - Obligation to Provide Oral Fluid Amendment of section 9 of Act of 2010 12. Section 9 of the Act of 2010 is amended— (a) in subsection (2A), by the substitution of “A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested and subject to subsections (6) and (7), require a person to whom paragraph (a) or (d) of subsection (1) applies, and may require a person to whom paragraph (b) or (c) of that subsection applies” for “A member of the Garda Síochána may require a person referred to in subsection (1)”, (b) by the insertion of the following subsection after subsection (2B): “(2C) Where a member of the Garda Síochána, under subsection (2A), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the public place concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to in subsection (2A) indicates the presence or absence of drugs in the specimen.”, (c) in subsection (6), by the substitution of “a requirement under subsection (2), (2A) or (2C)” for “a requirement under subsection (2)”, and (d) in subsection (7), by the substitution of “a requirement under subsection (2), (2A) or (2C)” for “a requirement under subsection (2)”.

Amendment of section 10 of Act of 2010 13. Section 10 of the Act of 2010 is amended— (a) by the insertion of the following subsection after subsection (4): “(4A) Where a member of the Garda Síochána, under paragraph (b) or (c) of subsection (4), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the checkpoint concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to in subsection (4)(b) indicates the presence or absence of drugs in the specimen.”, (b) in subsection (5), by the substitution of “(4) or (4A)” for “(4)”, and (c) in subsection (6)(a), by the substitution of “subsection (4)(d)(ii)) or (4A)” for “subsection (4)(d)(ii))”.

Amendment of section 22 of Act of 2010 14. Section 22 of the Act of 2010 is amended in subsection (1A) (inserted by section 13(i) of the Act of 2023) by the substitution of “subsection (2), (2A) or (2C)” for “subsection (2) or (2A)”.

Amendment of section 23 of Act of 2010 15. Section 23 of the Act of 2010 is amended by the insertion of “or oral fluid” after “of his or her breath”.

PART 5

Miscellaneous Amendments Amendment of section 3 of Act of 1961 16. Section 3(1) of the Act of 1961 is amended by the insertion of the following definition: “ ‘powered personal transporter’ means a vehicle— (a) designed and constructed for the carriage of a single person, but not designed or constructed for a person with restricted mobility or for the carriage of goods, (b) with a maximum weight unladen of 25 kilograms, (c) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and (d) equipped with an electric motor having a maximum continuous rated power, or electric motors having a combined maximum continuous rated power, of less than or equal to 0.5 kilowatts, but not including a vehicle referred to in paragraph (b) of the definition of pedal bicycle or in paragraph (b) of the definition of pedal tricycle;”.

Amendment of section 38 of Act of 1961 17. Section 38 of the Act of 1961 is amended by the insertion of the following subsection after subsection (7): “(7A) Subsections (1), (2), (3), (4) and (5) shall not apply in relation to a mechanically propelled vehicle that is a bicycle or tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor— (a) which has a maximum continuous rated power greater than 0.25 kilowatts but less than or equal to 1 kilowatt, and (b) the output of which cuts off when the physical exertions stop and before, or when, the bicycle or tricycle reaches the speed of 25 kilometres per hour.”.

Amendment of section 40 of Act of 1961 18. Section 40 of the Act of 1961 is amended by the insertion of the following subsection after subsection (9): “(9A) This section does not apply in relation to a mechanically propelled vehicle referred to in section 38(7A).”.

Amendment of section 41 of Act of 1961 19. Section 41 of the Act of 1961 is amended by the insertion of the following subsection after subsection (2): “(3) This section does not apply in relation to a mechanically propelled vehicle referred to in section 38(7A).”.

Amendment of section 95 of Act of 1961 20. Section 95 of the Act of 1961 (amended by section 51 of the Act of 2023) is amended in subsections (10), (10A) and (11) by the substitution of “consent in writing” for “consent”.

Further amendment of Act of 1961 21. The Act of 1961 is amended— (a) in section 22(2)(b)(i) (inserted by section 5(c)(i) of the Act of 2023), by the substitution of “regulations made under section 42(2)(ca)” for “regulations made under section 42(2)(cc)”, (b) in section 23D(2) (inserted by section 5(f) of the Act of 2023)— (i) by the substitution of “a notification under section 23C(3)” for “a notification under section 23B(3)”, and (ii) by the substitution of “section 42(2)(cb)” for “section 42(2)(cd)”, (c) in section 23E (inserted by section 5(f) of the Act of 2023) by the substitution of “regulations under section 42(2)(cb)” for “regulations under section 42(2)(cd)” in both places that it occurs, (d) in section 35(2)(d) (inserted by section 5(h)(i)(II) of the Act of 2023) by the substitution of “regulations made under section 42(2)(ca)” for “regulations made under section 42(2)(cc)”, (e) in section 42(2), by the renumbering of “paragraph (ce)” (inserted by section 5(j) (i)(I) of the Act of 2023) as “paragraph (cc)”, and (f) in section 56A(7) (inserted by section 5(l) of the Act of 2023)— (i) in paragraph (a)(ii), by the substitution of “paragraph (d)(i) or (ii),” for “paragraph (d)(i), (ii) or (iii),”, and (ii) by the substitution of the following paragraph for paragraph (b): “(b) of a person’s name being added to particular 6 of the certificate of insurance— (i) his or her name and date of birth, and (ii) such of the information specified in paragraph (d)(i) or (ii) of subsection (1) as is relevant to him or her, and”.

Amendment of section 16 of Act of 2023 22. Section 16 of the Act of 2023 is amended— (a) by the substitution of “Section 3(1)” for “Section 3”, and (b) by the deletion of paragraphs (e) and (g).

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