Road Traffic (Amendment) Act 2018
What is this act about?
This law primarily introduces automatic driving disqualification for individuals who pay a fixed charge for a drink-driving offence. It also amends existing Road Traffic Acts to reflect this change and introduces an offence for vehicle owners whose vehicles are driven by unlicensed or improperly permitted drivers.
Who it applies to: Individuals who commit drink-driving offences and pay a fixed charge; Owners of mechanically propelled vehicles.
Deadlines:
- If the alcohol level did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 107 milligrammes of alcohol per 100 millilitres of urine, or 35 microgrammes of alcohol per 100 millilitres of breath, the disqualification period is 3 months.
- The disqualification period begins 14 days after the notice is issued to the person.
At a glance
- Country
- Ireland
- Area of law
- Transport law
- Articles
- 6
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Automatic driving disqualification for certain drink-driving offences.
- Amendments to various sections of the Road Traffic Act 2010 concerning disqualification periods and notices.
- An offence for owners of mechanically propelled vehicles if their vehicle is driven by an unlicensed person or a learner permit holder not complying with specific regulations.
- Clarifications regarding driver numbers on driving licences and learner permits.
Who does this act apply to?
- Individuals who commit drink-driving offences and pay a fixed charge.
- Owners of mechanically propelled vehicles.
- Holders of learner permits.
What are the key points?
- A person paying a fixed charge for a drink-driving offence will be automatically disqualified from driving.
- If the alcohol level did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 107 milligrammes of alcohol per 100 millilitres of urine, or 35 microgrammes of alcohol per 100 millilitres of breath, the disqualification period is 3 months.
- The disqualification period begins 14 days after the notice is issued to the person.
- An owner of a mechanically propelled vehicle can be found guilty of an offence if another person drives their vehicle in a public place without a proper driving licence or learner permit, or if a learner permit holder does not drive according to regulations.
Legal guide
Transport law
Legal text
Legal text
Road Traffic (Amendment) Act 2018 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 2018 Road Traffic (Amendment) Act 2018 Road Traffic (Amendment) Act 2018 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 18 of 2018 ROAD TRAFFIC (AMENDMENT) ACT 2018 CONTENTS
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Amendment of Road Traffic Act 2016 1. The Road Traffic Act 2016 is amended by the repeal of section 39.
Amendment of Road Traffic Act 2010 2. (1) The Road Traffic Act 2010 is amended— (a) in section 13A, by the substitution of “11(6)” for “11(5)” in subsection (1), (b) in section 13B, by the substitution of “11(6)” for “11(5)” in subsection (1), and (c) in section 29— (i) in subsection (1), by the substitution of “and the disqualification specified in subsection (8)(a) for the person” for “and the penalty points specified in subsection (8)(a)(i) or disqualification specified in subsection (8)(a)(ii) for the person”, (ii) in subsection (5) by the substitution of “the date of commencement of the disqualification” for “the appropriate date relating to the endorsement of penalty points on the entry relating to the person or the date of commencement of the disqualification, whichever is applicable,”, (iii) by the deletion of subsection (6), (iv) in subsection (8)— (I) by the substitution of the following paragraph for paragraph (a)(i): “(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 107 milligrammes of alcohol per 100 millilitres of urine, or 35 microgrammes of alcohol per 100 millilitres of breath, the person shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to in subsection (15), or”, and (II) in paragraphs (a)(ii) and (b), by the substitution of “subsection (15)” for “subsection (14)” in each place where it occurs, (v) in subsection (11), by the substitution of the following paragraph for paragraph (e): “(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person shall be disqualified for holding a driving licence for the appropriate period in the circumstances referred to in paragraph (a) or (b) of subsection (8), and”, (vi) in subsection (14) by the substitution of “cause the period of the disqualification referred to in paragraph (a) or (b) of subsection (8)” for “cause the number of penalty points or period of disqualification referred to in subsection (8), as the case may be”, and (vii) by the substitution of the following subsection for subsection (15): “(15) Where an endorsement is made under subsection (14), the Minister shall cause a notice to be issued to the person concerned informing him or her that the date for the commencement of the period of the disqualification is 14 days after the date of that notice.”.
Amendment of Road Traffic Act 2002 3. The Road Traffic Act 2002 is amended— (a) in section 6, by the substitution of the following paragraph for paragraph (a): “(a) becomes disqualified pursuant to Part III of the Principal Act or section 29 of the Road Traffic Act 2010 for holding a licence, or”, and (b) in section 7, by the substitution of “section 3, Part III of the Principal Act or section 29 of the Road Traffic Act 2010 for holding a licence” for “Part III of the Principal Act or section 3 or 9 for holding a licence”.
Amendment of section 41 of Road Traffic Act 1994 4.
Section 41
of the Road Traffic Act 1994 is amended in subsection (1)(a)— (a) in subparagraph (ii), by the deletion of “or”, (b) in subparagraph (iii), by the substitution of “permit, or” for “permit,”, and (c) by the insertion of the following subparagraph after subparagraph (iii): “(iv) is, in the opinion of a member of the Garda Síochána, the holder of a learner permit and is, in the opinion of that member, not driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ).”.
Amendment of Road Traffic Act 1961 5. The Road Traffic Act 1961 is amended— (a) by the insertion of the following section after section 35: “Offences by owner of mechanically propelled vehicle driven by another person 35A. (1) An owner of a mechanically propelled vehicle shall be guilty of an offence where a person, not being that owner, drives the vehicle in a public place at a time that the person— (a) is not the holder of a driving licence or learner permit for the category of vehicle concerned, or (b) is the holder of a learner permit for a vehicle of a category specified in clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) and is not driving the vehicle in accordance with that clause.
Short title, commencement, collective citation and construction 6. (1) This Act may be cited as the Road Traffic (Amendment) Act 2018.
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