Road Traffic (Amendment) Act, 1984

Road Traffic (Amendment) Act, 1984 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 1984 Road Traffic (Amendment) Act, 1984 Road Traffic (Amendment) Act, 1984 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 16 of 1984 ROAD TRAFFIC (AMENDMENT) ACT, 1984 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Increase of certain penalties under Section 102 of Principal Act. 3. Increase of certain other penalties under Principal Act, etc. 4. Increase of certain penalties under Act of 1968, etc. 5. Increase of certain penalties under Act of 1978. 6. Offences to which sections 2 to 5 apply. 7. Short title, construction and collective citation. Acts Referred to Road Traffic Act, 1961 1961, No. 24 Road Traffic Act, 1968 1968, No. 25 Road Traffic (Amendment) Act, 1978 1978, No. 19 Number 16 of 1984 ROAD TRAFFIC (AMENDMENT) ACT, 1984 AN ACT TO PROVIDE FOR INCREASED PENALTIES IN RESPECT OF CERTAIN OFFENCES UNDER THE ROAD TRAFFIC ACTS, 1961 to 1978, AND FOR CERTAIN OTHER MATTERS RELATING TO ROAD TRAFFIC. [18th July, 1984] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “the Act of 1968” means the Road Traffic Act, 1968 ; “the Act of 1978” means the Road Traffic (Amendment) Act, 1978 ; “the Principal Act” means the Road Traffic Act, 1961 . Increase of certain penalties under Section 102 of Principal Act. 2.—Section 102 of the Principal Act, which provides for a penalty for certain offences under that Act, is hereby amended— (a) by the substitution of “£150” for “twenty pounds” in paragraph (a), and (b) by the substitution of “£350” for “fifty pounds” in paragraphs (b) and (c). Increase of certain other penalties under Principal Act, etc. 3.—(1) A person convicted of an offence for which a penalty is provided in a section of the Principal Act specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly. (2) The following subsection is hereby substituted for subsection (4) of section 12 of the Principal Act: “(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence. (b) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”. (3) The following subsection is hereby substituted for subsection (5) of section 16 of the Principal Act: “(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 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) Section 26 of the Principal Act is hereby amended— (a) by the insertion of the following subsection after subsection (3): “(3A) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 56 of this Act, be not less than one year.”, and (b) by the substitution of the following subsection for subsection (4): “(4) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (3) or (3A) of this section, be not less than six months.”. (5) The following subsection is hereby substituted for subsection (2) of section 48 of the Principal Act: “(2) A person who contravenes subsection (1) of this section 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 £150 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 £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”. (6) The following subsection is hereby substituted for subsection (2) of section 51 (inserted by section 48 of the Act of 1968) of the Principal Act: “(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and— (a) if the offence relates to an animal-drawn vehicle, he shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 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 £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and (b) if the offence relates to a pedal cycle, he shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”. (7) The following subsection is hereby substituted for subsection (2) of section 112 of the Principal Act: “(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment; (b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.”. (8) Section 113 of the Principal Act is hereby amended— (a) by the deletion in subsection (1) of “in a public place”, and (b) by the substitution of the following subsection for subsection (2): “(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”. TABLE Ref. No. Section Penalty (1) (2) (3) 1. 53 (2) (a) A fine not exceeding £3,000 2. 38 (5) A fine not exceeding £1,000 3. 39 (2) A fine not exceeding £1,000 4. 53 (2) (b) A fine not exceeding £1,000 5. 56 (3) A fine not exceeding £1,000 6. 64 (2) A fine not exceeding £1,000 7. 106 (3) (a) A fine not exceeding £1,000 8. 49 (4) (a) (inserted by section 10 of the Act of 1978) A fine not exceeding £1,000 9. 50 (4) (a) (ii) (inserted by section 11 of the Act of 1978) A fine not exceeding £1,000 10. 18 (2) A fine not exceeding £350 11. 20 (10) (a) A fine not exceeding £350 12. 52 (2) (inserted by section 50 of the Act of 1968) A fine not exceeding £350 13. 54 (4) A fine not exceeding £350 14. 55 (2) (a) A fine not exceeding £350 15. 69 A (5) (inserted by Regulation 6 of the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975)) A fine not exceeding £350 16. 106 (3) (b) A fine not exceeding £350 17. 107 (5) A fine not exceeding £350 18. 115 (6) A fine not exceeding £350 19. 50 (4) (a) (i) (inserted by section 11 of the Act of 1978) A fine not exceeding £350 20. 55 (2) (b) A fine not exceeding £150 Increase of certain penalties under Act of 1968, etc. 4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. (2) The following subsection is hereby substituted for subsection (1) of section 13 of the Act of 1968: “(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.”. (3) The following subsection is hereby substituted for subsection (1) of section 15 of the Act of 1968: “(1) Where— (a) a vehicle exceeding 17,000 kilograms 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 1,000 kilograms, the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.”. (4) The following Table is hereby substituted for the Table to section 15 of the Act of 1968: “TABLE Where the excess weight is not less than 1,000 kilograms but is less than 2,000 kilograms £50 Where the excess weight is not less than 2,000 kilograms but is less than 3,000 kilograms £100 Where the excess weight is not less than 3,000 kilograms but is less than 4,000 kilograms £250 Where the excess weight is not less than 4,000 kilograms but is less than 5,000 kilograms £350 Where the excess weight is 5,000 kilograms or more £650” (5) The following subsection is hereby substituted for subsection (7) of section 18 of the Act of 1968: “(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 £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”. (6) The following subsection is hereby substituted for subsection (2) of section 23 of the Act of 1968: “(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”. Increase of certain penalties under Act of 1978. 5.—A person convicted of an offence for which a penalty is provided in a section of the Act of 1978 specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly. TABLE Ref. No. Section Penalty (1) (2) (3) 1. 12 (2) A fine not exceeding £1,000 2. 13 (2) A fine not exceeding £1,000 3. 13 (3) A fine not exceeding £1,000 4. 14 (2) A fine not exceeding £1,000 5. 14 (3) A fine not exceeding £1,000 6. 15 (2) (a) A fine not exceeding £1,000 7. 16 (3) A fine not exceeding £350 8. 16 (6) A fine not exceeding £1,000 9. 17 (2) A fine not exceeding £1,000 10. 17 (5) A fine not exceeding £1,000 11. 18 (3) (b) A fine not exceeding £1,000 Offences to which sections 2 to 5 apply. 6.— Sections 2 to 5 of this Act shall have effect in relation to offences committed after the commencement of this Act. Short title, construction and collective citation. 7.—(1) This Act may be cited as the Road Traffic (Amendment) Act, 1984. (2) This Act and the Road Traffic Acts, 1961 to 1978, shall be construed as one and may be cited together as the Road Traffic Acts, 1961 to 1984. 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