Road Traffic Act, 1961

In short

This law, the Road Traffic Act, 1961, establishes the legal framework for road traffic in Ireland, covering various aspects from vehicle regulation to driving offences and insurance. It aims to ensure road safety and orderly traffic management.

What it regulates

The use and maintenance of vehicles in public places, including maximum weights and testing.
The licensing of drivers, including applications, grants, and disqualifications.
Speed limits and various driving offences such as dangerous driving or driving under the influence.
The compulsory insurance of mechanically propelled vehicles and the control of public service vehicles.

Who it concerns

All drivers and users of mechanically propelled vehicles and pedal cycles on public roads.
Owners of vehicles, insurance companies, and the Garda Síochána.

Key points

Driving without a valid driving licence is prohibited.
It is an offence to exceed established speed limits.
Driving or being in charge of a mechanically propelled vehicle while under the influence of intoxicating liquor or drugs is illegal.
Compulsory insurance or guarantee is required for mechanically propelled vehicles.

Legal text

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1961 Road Traffic Act, 1961 Road Traffic Act, 1961 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 24 of 1961. ROAD TRAFFIC ACT, 1961. ARRANGEMENT OF SECTIONS PART I Preliminary And General Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Application to persons and vehicles in the service of the State. 5. General provisions with respect to regulations. 6. Approval of bye-laws made by the Commissioner. 7. Proof of certain bye-laws and rules. 8. Finance. 9. Disposal of fees and fines. 10. Repeals. PART II General Provisions relating To Vehicles 11. Regulations in relation to use of vehicles in public places. 12. Maximum weights. 13. Special permits for particular vehicles. 14. Weight unladen. 15. Weighbridges. 16. Requirements with respect to weighing. 17. Expenses of extraordinary traffic. 18. Tests of mechanically propelled vehicles. 19. Production of test certificate on demand. 20. Powers of occasional examination, inspection and test. PART III Driving Licences 21. Licensing authority. 22. Application for driving licence. 23. Grant of driving licence. 24. Signing of driving licence by grantee thereof. 25. Period during which driving licence has effect. 26. Consequential disqualification orders. 27. Ancillary disqualification orders. 28. Special disqualification orders. 29. Removal of disqualification under consequential or ancillary disqualification order. 30. Operation of disqualification order. 31. Disqualifications related to age. 32. Disqualification on grounds of health. 33. Certificates of competency. 34. Certificates of fitness 35. Provisional licence. 36. Order for endorsement in case of conviction, disqualification order or removal of disqualification. 37. Transfer of endorsement to new licence. 38. Prohibition on driving without driving licence. 39. Prohibition on applying for driving licence when disqualified. 40. Production of driving licence on demand by member of Garda Síochána. 41. Writing of signature on demand by member of Garda Síochána. 42. Regulations under Part III. 43. Transitional provisions (Part III). PART IV Speed Limits 44. Ordinary speed limits. 45. Built-up area speed limits. 46. Special speed limits. 47. Offence of exceeding speed limit. PART V Driving Offences 48. Driving mechanically propelled vehicle when unfit. 49. Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug. 50. Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug. 51. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. 52. Careless driving. 53. Dangerous driving. 54. Driving of dangerously defective vehicle. 55. Parking vehicle in dangerous position. PART VI Compulsory Insurance Of Mechanically Propelled Vehicles 56. Obligation to be insured or guaranteed. 57. Fine in lieu of damages and imprisonment in addition to damages. 58. Vehicle insurer. 59. Vehicle guarantor. 60. Exempted person. 61. Deposits by vehicle guarantors and exempted persons. 62. Approved policy of insurance. 63. Approved guarantee. 64. Fraud in obtaining policy or guarantee. 65. Excepted persons 66. Certificate of insurance and certificate of guarantee. 67. Effect of certificate of insurance or guarantee. 68. Certificate of exemption. 69. Production of certificate on demand. 70. Obligation to deliver up certificate. 71. Obligation of insured or principal debtor to give notice of accident. 72. Obligation of user of vehicle to give notice of accident. 73. Obligation to give information as to insurance. 74. Amendment of Assurance Companies Act, 1909. 75. Regulations in relation to certificates, keeping of records and giving of information. 76. Miscellaneous provisions in relation to insured or guaranteed moneys. 77. Application and repayment of deposit. 78. Provisions relating to Motor Insurers' Bureau of Ireland. 79. Exception of pedestrian-controlled vehicles. 80. Special provisions for non-residents. 81. Transitional provisions (Part VI). PART VII Control And Operation Of Public Service Vehicles 82. Regulations in relation to control and operation of public service vehicles. 83. Annual inspection and verification of taximeters. 84. Bye-laws in relation to stands for street service vehicles. 85. Stopping places and stands for omnibuses. 86. Bye-laws with respect to stopping places and stands for omnibuses. 87. Property left in public service vehicle. PART VIII Regulation Of Traffic 88. Bye-laws for the general control of traffic and pedestrians. 89. Bye-laws for the control of traffic and pedestrians in specified areas. 90. Parking of vehicles on public roads. 91. Control of traffic when there is event attracting large assembly, etc. 92. Prevention of obstruction of traffic by fairs and markets. 93. Protection of bridges from excessive burdens. 94. Closing of particular roads to vehicles. 95. Traffic signs. 96. Patrol of places where school-children cross public roads. 97. Vehicle left or abandoned on public road. 98. Prohibition of obstruction of traffic. 99. Prohibition of unauthorised holding or getting on to vehicles. 100. Cyclists holding on to other vehicles. 101. Provision of car parks by local authorities. PART IX Miscellaneous 102. General penalty. 103. Special provision applying where certain offences are alleged to have been committed. 104. Notice of offence. 105. Evidence of speed. 106. Duties on occurrence of accident. 107. Duty to give information on demand by member of Garda Síochána. 108. Right to demand name and address of pedal cyclist. 109. Obligation to stop. 110. Disposition of vehicle on arrest of person in charge. 111. Identification of member of Garda Síochána. 112. Taking vehicle without authority. 113. Unauthorised interference with mechanism of vehicle. 114. Limitations on periods of continuous driving. 115. Penalty for false declaration, etc. 116. Liability of Minister for Finance for negligent use of mechanically propelled vehicle. 117. Extension of personal liability for negligent use of mechanically propelled vehicle. 118. Liability in respect of person using mechanically propelled vehicle with consent of owner. 119. Reimbursement of hospitals. 120. Promotion of road safety 121. Calculation of passenger accommodation of mechanically propelled vehicles. 122. Keeping and use of petroleum. 123. Extended power of making regulations in relation to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952. 124. Restriction on section 23 of Criminal Justice Act, 1951. 125. Saving for indictment for nuisance. 126. Saving for general power of Commissioner. 127. Modification of Motor Car (International Circulation) Act, 1909. FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Offences under this Act involving Consequential Disqualification Orders Acts Referred to Road Vehicles (Registration and Licensing) Regulations, 1958 S.I. No. 13 of 1958 Road Traffic Act, 1933 1933, No. 11 Documentary Evidence Act, 1925 1925, No. 24 Roads Act, 1920 1920, c. 72 Road Transport Act, 1932 1932, No. 2 Road Transport Act, 1933 1933, No. 8 Probation of Offenders Act, 1907 1907, c. 17 Licensing Act, 1872 1872, c. 94 Offences Against the Person Act, 1861 1861, c. 100 Insurance Act, 1936 1936, No. 45 Assurance Companies Act, 1909 1909, c. 49 Weights and Measures Act, 1889 1889, c. 21 Weights and Measures Act, 1928 1928, No. 3 Weights and Measures Act, 1904 1904, c. 28 Interpretation Act, 1937 1937, No. 38 Statutory Instruments Act, 1947 1947, No. 44 Public Health (Ireland) Act, 1878 1878, c. 52 Local Government Act, 1946 1946, No. 24 Public Health (Ireland) Act, 1896 1896, c. 54 Local Government Act, 1925 1925, No. 5 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Fatal Injuries Act, 1956 1956, No. 3 Health Act, 1947 1947, No. 28 Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24 Criminal Justice Act, 1951 1951, No. 2 Motor Car (International Circulation) Act, 1909 1909, c. 37 Motor Car Act, 1903 1903, c. 36 Number 24 of 1961. ROAD TRAFFIC ACT, 1961. AN ACT TO MAKE PROVISION IN RELATION TO MECHANICALLY PROPELLED AND OTHER VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM THE USE OF MECHANICALLY PROPELLED VEHICLES, TO REPEAL THE ROAD TRAFFIC ACT, 1933 , AND CERTAIN OTHER ENACTMENTS, TO AUTHORISE CERTAIN CHARGES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th July, 1961.] 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, 1961. Commencement. 2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Interpretation. 3.—

(1)In this Act, save where the context otherwise requires—. “ancillary disqualification order” has the meaning specified in subsection

(1)of section 27; “appointed stand” has the meaning specified in subsection

(1)of section 84; “appointed weighbridge” has the meaning specified in subsection

(1)of section 15; “approved guarantee” has the meaning specified in section 63; “approved policy of insurance” has the meaning specified in section 62; “built-up area speed limit” has the meaning specified in subsection

(4)of section 45; “certificate of competency” has the meaning specified in subsection

(4)of section 33; “certificate of fitness” has the meaning specified in subsection

(4)of section 34; “certificate of exemption” has the meaning specified in section 68; “certificate of guarantee” has the meaning specified in subsection

(2)of section 66; “certificate of insurance” has the meaning specified in subsection

(1)of section 66; “combination of vehicles” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby; “the Commissioner” means the Commissioner of the Garda Síochána; “consequential disqualification order” has the meaning specified in subsection

(1)of section 26; “contravenes” includes refuses or fails to comply with, and “contravention” shall be construed accordingly; “driving” includes managing and controlling and, in relation to a bicycle or tricycle, riding, and “driver” and other cognate words shall be construed accordingly; “driving licence” has the meaning specified in subsection

(1)of section 22; “footway” means that portion of any road which is provided primarily for the use of pedestrians; “hire-drive agreement” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than— (

a)a hire-purchase agreement, (
b)an agreement merely for the carriage of persons or goods, or (
c)an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle; “the insured” has the meaning assigned to it in paragraph (
a)of subsection

(1)of section 62; “large public service vehicle” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver; “mechanically propelled vehicle” means, subject to subsection

(2)of this section, a vehicle intended or adapted for propulsion by mechanical means, including— (

a)a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used, (
b)a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical, but not including a tramcar or other vehicle running on permanent rails; “the Minister” means the Minister for Local Government; “mobile weighbridge” has the meaning specified in subsection

(7)of section 15; “omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places; “ordinary speed limit” has the meaning specified in subsection

(3)of section 44; “owner”, when used in relation to a mechanically propelled vehicle which is the subject of a hire-purchase agreement, means the person in possession of the vehicle under the agreement; “park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly; “parking place” has the meaning specified in paragraph (a) of subsection

(2)of section 90; “pedal bicycle” means a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon; “pedal cycle” means a vehicle which is a pedal bicycle or pedal tricycle; “pedal cyclist” means a person driving a pedal cycle; “pedal tricycle” means a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon; “pedestrian-controlled mechanically propelled vehicle” means a mechanically propelled vehicle— (

a)which is neither intended nor adapted for use for carrying the driver or a passenger, or (
b)which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian, except during a period during which it is driven while carrying the driver or a passenger “period of cover” has the meaning assigned to it in paragraph (
b)of subsection

(1)of section 62 or paragraph (b) of subsection

(1)of section 63 (as may be appropriate); “prescribed” means prescribed by regulations made by the Minister under this Act; “principal debtor” has the meaning assigned to it in paragraph (a) of subsection

(1)of section 63; “public place” means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge; “public road” means a road the responsibility for the maintenance of which lies on a road authority; “public service vehicle” means a mechanically propelled vehicle used for the carriage of persons for reward; “registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) Regulations, 1958, but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force; “the repealed Act” means the Road Traffic Act, 1933 (repealed by this Act); “road” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof; “road authority” means— (a) the council of a county, (b) the corporation of a county or other borough, or (c) the council of an urban district; “road traffic weighbridge” has the meaning specified in subsection

(4)of section 15; “roadway” means that portion of a road which is provided primarily for the use of vehicles; “small public service vehicle” means a public service vehicle which is not a large public service vehicle; “special disqualification order” has the meaning specified in subsection

(5)of section 28; “special speed limit” has the meaning specified in subsection

(4)of section 46; “street service vehicle” means a small public service vehicle the driver of which offers on a public road himself and the vehicle for hire and for that purpose stands or drives the vehicle on a public road; “test certificate” has the meaning specified in paragraph (b) of subsection

(8)of section 18; “use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly; “vehicle guarantor” has the meaning specified in section 59; “vehicle insurer” has the meaning specified in section 58.

(2)Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through accident, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded for the purposes of this Act as not being a mechanically propelled vehicle.

(3)Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby.

(4)Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition.

(5)Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order. Application to persons and vehicles in the service of the State. 4.—

(1)Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.

(2)Part VI of this Act shall not apply to— (

a)a vehicle owned by the State or a person using such vehicle in the course of his employment, (
b)a vehicle under seizure by a person in the service of the State in the course of his duty or a person using such vehicle in the course of his employment, or (
c)a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder. General provisions with respect to regulations. 5.—

(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2)Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Approval of bye-laws made by the Commissioner. 6.—

(1)A bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.

(2)Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified.

(3)A bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.

(4)No such bye-law as is mentioned in the foregoing subsections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.

(5)Where the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect: (

a)the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law; (
b)the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law; (
c)the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners; (
d)for the purposes of this subsection, a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of the county which is not in any borough, urban district or town.

(6)The making of representations pursuant to subsection

(5)of this section shall— (

a)where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and (
b)where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.

(7)Every bye-law made under section 86 or section 88 of this Act and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. Proof of certain bye-laws and rules. 7.—

(1)Section 4 of the Documentary Evidence Act, 1925 , shall apply to every bye-law under this Act made by the Commissioner and every rule thereunder made by him or a local authority.

(2)Subsection

(1)of section 6 of the Documentary Evidence Act, 1925 , is hereby amended by adding to the official documents mentioned in that subsection bye-laws under this Act made by the Commissioner and rules thereunder made by him or a local authority, and the said section 6 shall have effect accordingly. Finance. 8.—

(1)All expenses incurred by any Minister or by the Commissioner in execution of the Roads Act, 1920 , of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of the Road Fund, and for that purpose there shall, in respect of every financial year, be paid into the Exchequer from the Road Fund, at such times and in such manner as the Minister for Finance directs, such sums as the Minister, with the concurrence of the Minister for Finance, determines to be the amount of the expenses so incurred in the execution of the Roads Act, 1920 , of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, and of this Act in that financial year.

(2)Where the Minister for Finance is satisfied that the amount of the expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act in any financial year cannot conveniently be determined, the sum payable under this section into the Exchequer from the Road Fund in respect of those expenses may, with the sanction of the Minister for Finance, be calculated in any manner approved of by the Minister for Finance and, in particular, may be determined as a percentage of the total amount paid into the Road Fund from any source in that financial year.

(3)Any expenses which are by virtue of this section to be defrayed out of the Road Fund may, with the sanction of the Minister for Finance, be paid directly out of the Road Fund, and any salary or remuneration of any person so paid directly out of the Road Fund shall for the purposes of the Superannuation Acts, 1834 to 1956, be deemed to be paid out of moneys provided by the Oireachtas.

(4)The expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act in any financial year shall, for the purposes of this section, be deemed to include such charges in respect of superannuation and other allowances and gratuities payable on death or retirement as the Minister, with the concurrence of the Minister for Finance, determines to be proper.

(5)Subsection

(4)of section 3 of the Roads Act, 1920 , shall be construed and have effect as if— (

i)the reference in paragraph (
a)to expenses were a reference to the expenses which in the opinion of the Minister are reasonably and properly incurred by the relevant council of a county or corporation of a county borough in connection with the levying of the duties referred to in that paragraph, the registration of mechanically propelled vehicles, and the issuing of licences to drivers (including the issuing pursuant to this Act of test certificates, certificates of competency and certificates of fitness), (
ii)paragraphs (
b)and (
c)were omitted, and (iii) the expenses required by this section to be defrayed out of the Road Fund were included in the expenses mentioned in paragraph (
e)of the said subsection.

(6)So far as may be necessary for the purposes of the transition from the repealed Act to this Act, the references to this Act in subsections

(1),

(2)and

(4)of this section shall be construed as including references to the repealed Act. Disposal of fees and fines. 9.—

(1)Save as is otherwise expressly provided by this Act, all fees and other sums received by the Commissioner or any other member of the Garda Síochána under this Act or regulations thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

(2)Save as is otherwise expressly provided by this Act, all fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.

(3)All moneys paid into or disposed of for the benefit of the Exchequer under this section shall, for the purposes of section 2 of the Roads Act, 1920 , be deemed to have been paid into the Exchequer under that Act. Repeals. 10.—

(1)The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2)Orders, regulations, bye-laws and rules made under any enactment repealed by this Act and in force at the commencement of this section shall continue in force and be regarded as having been made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under any such order, regulation, bye-law or rule and in force at such commencement shall continue in force for the purposes of this Act. PART II. General Provisions relating to Vehicles. Regulations in relation to use of vehicles in public places. 11.—

(1)The Minister may make regulations in relation to the use of vehicles in public places.

(2)Regulations under this section may, in particular and without prejudice to the generality of subsection

(1)of this section, make provision in relation to all or any of the following matters : (

a)the construction of vehicles; (
b)vehicle equipment; (
c)the use and misuse of vehicles and vehicle equipment; (
d)the conditions subject to which vehicles and vehicle equipment may be used; (
e)the duties of drivers of vehicles and passengers therein; (
f)the equipment of such drivers and passengers; (
g)the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles; (
h)particulars to be affixed to or painted on vehicles.

(3)Different regulations may be made under this section— (

a)in respect of different classes of vehicles, (
b)for different circumstances and for different areas.

(4)A person shall not use in a public place a vehicle which does not comply with a regulation under this section applying in relation to the vehicle.

(5)(a) A person who contravenes subsection

(4)of this section or a regulation under this section shall be guilty of an offence and, where the contravention is of the said subsection

(4)and such person is not the owner of the vehicle, such owner shall also, in such cases as may be prescribed, be guilty of an offence. (b) Where a person who contravenes subsection

(4)of this section is not the owner of the vehicle and the owner is charged with an offence under this section, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

(6)In this section “vehicle equipment” includes all equipment, fittings and instruments fitted to a vehicle or carried on it, and, without prejudice to the generality of the foregoing, lights, reflectors and towing gear. Maximum weights. 12.—

(1)The Minister may make regulations for all or any of the following purposes: (

a)specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles; (
b)specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles; (
c)specifying the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn thereby; (
d)specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained.

(2)Different regulations may be made under this section— (

a)in respect of different classes of vehicles or of combinations of vehicles, (
b)for different circumstances.

(3)A person shall not use on a public road— (

a)a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination, (
b)a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination, or (
c)a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle.

(4)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.

(5)Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised. Special permits for particular vehicles. 13.—

(1)The Minister may make regulations for all or any of the following purposes: (

a)the issue of special permits authorising particular vehicles or combinations of vehicles which contravene one or more regulations under section 11 or 12 of this Act to be used notwithstanding such contravention; (
b)specifying the limitations, restrictions and conditions which are to be, or may be, inserted in the special permits, including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to public roads which may arise from the use of the vehicles or combinations of vehicles to which the special permits relate; (
c)specifying the persons by whom the special permits may be issued; (
d)specifying the manner in which applications for the special permits are to be made.

(2)Notwithstanding anything contained in this Part of this Act, the use of a vehicle or combination of vehicles under and in accordance in all respects with a special permit issued in respect of the vehicle or combination under regulations under this section shall not constitute an offence under section 11 or 12 (as the case may be) of this Act. Weight unladen. 14.—

(1)For the purposes of this Act, the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, but exclusive of the weight of water, fuel or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.

(2)For the purposes of subsection

(1)of this section— (

a)each of the following shall, with respect to a vehicle or combination of vehicles, be an addition: (
i)a body, (
ii)a part, (iii) a fitting, (
iv)a receptacle, (
b)in a case in which there is one addition only, the reference to all additions shall be construed as a reference to that addition, (
c)in a case in which, there being two additions (and not more), on no occasion are both of them used, the reference to all additions shall be construed as a reference to the heavier only of the additions or, where they are of equal weight, to one of them only, (
d)in a case in which, there being three or more additions, on no occasion are all of them used, the reference to all additions shall be construed as a reference to the heaviest combination of the additions which is used on any occasion.

(3)In a case coming within paragraph (d) of subsection

(2)of this section, where one only of the additions is used on a particular occasion, “combination of the additions” in that paragraph shall, in relation to that occasion, be taken as referring to that addition.

(4)(

a)Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall, subject to the next paragraph, be a receptacle for the purposes of the foregoing subsections of this section. (
b)Anything so placed is excepted from the foregoing paragraph if in relation to no journey are goods or burden of any other description both loaded into and unloaded from it without its being removed from the vehicle or combination.

(5)In a prosecution under this Act, the onus of proving that anything comes within the exception specified in subsection

(4)of this section shall lie on the defendant. Weighbridges. 15.—

(1)(

a)A road authority may declare any weighbridge (whether maintained by them or not, whether within or outside their functional area and whether a road traffic weighbridge or not) to be an appointed weighbridge for the purposes of this Act, and every weighbridge so declared shall be known and is in this Act referred to as an appointed weighbridge. (
b)Any such declaration may be revoked by a subsequent declaration made by the same road authority. (
c)Where a road authority make a declaration under this subsection, they shall give the prescribed notice to the public of the making of the declaration.

(2)A road authority may (and, if required by the Minister, shall) provide on or adjacent to any public road in their charge a weighbridge of such dimensions, power, design and construction as may be approved of by the Minister.

(3)Every road authority owning a weighbridge erected under an enactment repealed by the repealed Act, under the repealed Act or under this section shall maintain the weighbridge in good condition and proper order and shall make the weighbridge available for the weighing of vehicles and their loads at all reasonable times.

(4)A weighbridge maintained under subsection

(3)of this section shall be known and is in this Act referred to as a road traffic weighbridge.

(5)The road authority by whom a road traffic weighbridge is maintained may charge for weighings on the weighbridge (except weighings requisitioned under this Act by a member of the Garda Síochána or an officer of a road authority) such fees as they may fix from time to time.

(6)A road authority may contribute, on such conditions as they think fit, to the cost of the provision, maintenance or operation of an appointed weighbridge other than a road traffic weighbridge provided by themselves.

(7)(

a)A road authority may acquire and operate a weighbridgewhich is transportable and may make it available for use by members of the Garda Síochána. (
b)References in this Act to a mobile weighbridge are to a weighbridge under this subsection. Requirements with respect to weighing. 16.—

(1)Where an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road and he suspects that the weight laden of the vehicle or combination or the weight transmitted to the ground by any part of the vehicle or combination is such that the use of the vehicle or combination constitutes an offence under this Act— (

a)in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination— (
i)to permit the officer to ascertain by means of the mobile weighbridge the weight transmitted to the ground by any part of the vehicle or combination with the load or loads (if any) thereon; and (
ii)to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment; (
b)in any other case, the officer may require the person in charge of the vehicle or combination to do all or any of the following things: (
i)forthwith to bring the vehicle or combination with the load or loads (if any) thereon to any appointed weighbridge named by the officer and not more than five miles distant by the shortest available route from the place at which the requisition is made; (
ii)to carry the officer to the weighbridge in the vehicle or combination; (iii) to cause the vehicle (or any part thereof) or combination (or any part thereof) with the load or loads (if any) thereon to be weighed on the weighbridge in the presence of the officer.

(2)Where— (

a)an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road, (
b)the officer suspects that the weight unladen of the vehicle or combination is such that use of the vehicle or combination constitutes an offence under this Act, and (
c)the vehicle or combination either has no load or has a load or loads which can be unloaded without undue inconvenience, the officer may require the person in charge of the vehicle or combination to do all or any of the following things : (
i)forthwith to bring the vehicle or combination, inclusive of all additions with it on the said occasion, to any appointed weighbridge named by the officer and not more than five miles distant by the shortest available route from the place at which the requisition is made; (
ii)to carry the officer to the weighbridge in the vehicle or combination; (iii) to unload the vehicle or combination if it has a load or loads; (
iv)to cause the vehicle or combination, inclusive of all additions with it on the said occasion, to be weighed on the weighbridge in the presence of the officer.

(3)For the purposes of subsection

(2)of this section— (

a)each of the following shall, with respect to a vehicle or combination of vehicles, be an addition: (
i)a body, (
ii)apart, (iii) a fitting, (
iv)a receptacle, (
b)in a case in which there is one addition only, any reference to all additions shall be construed as a reference to that addition.

(4)Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall be a receptacle for the purposes of subsections

(2)and

(3)of this section.

(5)A person who contravenes a requirement under this section shall be guilty of an offence.

(6)Where a weighing is, consequent upon a requirement under this section, carried out on an appointed weighbridge not maintained by a road authority, the fee for the weighing shall be recouped to the person paying it by— (

a)in case the weighbridge was declared to be an appointed weighbridge by one road authority only—that authority, and (
b)in any other case—by such one of the road authorities by whom the weighbridge was declared to be an appointed weighbridge as may be agreed upon between those authorities or, in default of agreement, as may be determined by the Minister.

(7)(

a)In this section “authorised officer” means— (
i)a member of the Garda Síochána, or (
ii)an officer of the road authority charged with the maintenance of the public road on which the vehicle or combination of vehicles is observed, authorised by that authority as an authorised officer for the purposes of this section. (
b)Where a person appointed to be an authorised officer for the purposes of this section makes a requirement under this section, he shall, if requested by the person to whom the requirement is addressed, produce his authorisation as such officer for examination by that person. Expenses of extraordinary traffic. 17.—

(1)Where it appears to the road authority charged with the maintenance of a public road that, having regard to the average expense of repairing that road, extraordinary expenses have been or will be incurred in repairing the road by reason of the damage caused by excessive weight passing along the road or other extraordinary traffic thereon, the amount of the extraordinary expenses shall be paid to the road authority by the person by whom or in consequence of whose order such weight or traffic has been conducted and, in default of that amount being so paid, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(2)Subsection

(1)of this section shall have effect subject to the following provisos: (

a)any person required by the subsection to pay extraordinary expenses may enter into an agreement with a road authority for the payment to them of a composition in respect of the relevant weight or traffic and, on paying the composition, shall not be liable under the subsection; (
b)the subsection shall be construed as not applying to damage caused as a result of— (
i)Córas Iompair Éireann carrying on a passenger road service, (
ii)a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932 , or (iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933 ; (
c)proceedings under the subsection shall be commenced within twelve months after the time at which the damage was done, or, where the damage is in consequence of any particular building contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work; (
d)in any such proceedings the amount for which judgment may be given shall be the amount of the expenses shown to the satisfaction of the court to have been or to be likely to be incurred by the road authority by reason of the damage from the extraordinary traffic. Tests of mechanically propelled vehicles. 18.—

(1)A person shall not use in a public place a mechanically propelled vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.

(2)Where a person contravenes subsection

(1)of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and 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 three months or to both such fine and such imprisonment.

(3)Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,— (

a)the person on whom the demand was made refused or failed to produce a test certificate then and there, or (
b)such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it, it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(4)Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(5)Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

(6)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.

(7)The owner of a mechanically propelled vehicle to which this section applies may apply to the issuing authority for a test certificate in respect of the vehicle.

(8)Where an application is duly made under subsection

(7)of this section and the prescribed fee is paid— (

a)the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section, (
b)in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate (in this Act referred to as a test certificate) certifying such compliance, (
c)in case the issuing authority is not so satisfied— (
i)the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal, (
ii)if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle.

(9)The Minister may make regulations for the purpose of giving effect to this section.

(10)Regulations under this section may, in particular and without prejudice to the generality of subsection

(9)of this section, make provision for all or any of the following matters: (

a)the classes of mechanically propelled vehicles to which this section applies; (
b)exempting from subsection

(1)of this section 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 specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section; (
e)the specifying of the persons by whom new tests directed pursuant to subparagraph (
ii)of paragraph (
c)of subsection

(8)of this section are to be carried out; (

f)the making of applications for test certificates and the specifying of conditions subject to which such applications may be made; (
g)the fees to be paid by applicants for test certificates and the disposition of such fees; (
h)the requirements in respect of which tests are to be carried out; (
i)the nature of tests; (
j)the manner in which, the conditions under which and the apparatus with which tests are to be carried out; (
k)the maintenance of apparatus used for carrying out tests; (
l)powers of inspection of premises and apparatus used for testing mechanically propelled vehicles; (
m)the keeping of records by specified persons; (
n)the form and period of validity of test certificates; (
o)the delegation by issuing authorities to specified persons of the functions of such authorities under paragraphs (
b)and (
c)of subsection

(8)of this section.

(11)Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(12)A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.

(13)The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act. Production of test certificate on demand. 19.—

(1)(

a)Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence. (
b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded. (
c)It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question— (
i)he did not use the vehicle, or (
ii)he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2)(

a)Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a test certificate in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence. (
b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded. (
c)It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows— (
i)that the vehicle was not used on the occasion in question, or (
ii)that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

(3)Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.

(4)Where a person whose name and address is demanded under subsection

(3)of this section refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(5)A member of the Garda Síochána may arrest without warrant— (

a)a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or (
b)a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading. Powers of occasional examination, inspection and test. 20.—

(1)Where a member of the Garda Síochána observes a mechanically propelled vehicle or combination of vehicles in a public place and he suspects that there is a defect affecting the vehicle or combination which is such that it is, when in use, a danger to the public or, in the case of a public service vehicle, there is a defect affecting it which is such that either it is a danger to the public or it is rendered unfit for the carriage of passengers, he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may do all such things and make all such requirements in relation to it as are reasonably necessary.

(2)For the purposes of subsection

(1)of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may— (

a)require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this section and not more than five miles distant by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination, (
b)drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance, (
c)require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven, (
d)carry out or cause to be carried out such tests as the member considers reasonable.

(3)Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may— (

a)instruct the person in charge that it is not to be driven in a public place until the defect has been remedied, (
b)require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(4)Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a public service vehicle, reasonable grounds for believing that there is a defect (other than a defect referred to in subsection

(3)of this section) affecting it which is such that it is rendered unfit for the carriage of passengers, he may— (

a)instruct the person in charge that it is not to be used for the carriage of passengers for reward until the defect is remedied, (
b)require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(5)Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a vehicle drawn by a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may— (

a)instruct the person in charge that the vehicle is not tobe drawn in a public place by a mechanically propelled vehicle until the defect is remedied, (
b)require the person in charge or the owner to submit the vehicle for a further examination and test at a specified time and place.

(6)A member of the Garda Síochána may test any pedal cycle and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle as are reasonably necessary.

(7)For the purposes of subsection

(6)of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may— (

a)drive any pedal cycle for a reasonable time and distance, (
b)require any person in charge of a pedal cycle to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs.

(8)Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle, reasonable grounds for believing that it has a dangerous defect, he may— (

a)instruct the person in charge of the cycle that it is not to be driven in a public place until the defect is remedied, (
b)require such person to submit the cycle for a further test at a specified time and place.

(9)A person who, in a case in which a requirement under subsection

(1),

(2),

(6)or

(7)of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(10)(a) A person who, in a case in which an instruction under subsection

(3)of this section that a vehicle is not to be driven in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence and 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 three months or to both such fine and such imprisonment. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(11)(a) A person who, in a case in which a requirement undersubsection

(3)of this section has been made on him, contravenes the requirement shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(12)(a) A person who, in a case in which an instruction under subsection

(4)of this section that a vehicle is not to be used for the carriage of passengers until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so uses it or causes or permits it to be so used before the defect is remedied shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(13)(a) A person who, in a case in which a requirement under subsection

(4)of this section has been made on him, contravenes the requirement shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(14)(a) A person who, in a case in which an instruction undersubsection

(5)of this section that a vehicle drawn by a mechanically propelled vehicle is not to be so drawn in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so draws it or causes or permits it to be so drawn before the defect is remedied shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(15)(a) A person who, in a case in which a requirement under subsection

(5)of this section has been made on him, contravenes the requirement shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(16)(a) A person who, in a case in which an instruction under subsection

(8)of this section that a cycle is not to be driven in a public place until a defect is remedied has been given or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, the cycle had not a dangerous defect.

(17)(a) A person who, in a case in which a requirement under subsection

(8)of this section has been made on him, contravenes the requirement shall be guilty of an offence. (b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, the cycle had not a dangerous defect.

(18)Where a requirement is made under subsection

(3),

(4),

(5)or

(8)of this section— (

a)the person required shall have the right to be present at the examination and, if he exercises this right— (
i)he shall be afforded an opportunity of observing the examination, (
ii)he shall have the further right to bring with him to the examination another person selected by him and, if he exercises this right, the person accompanying him shall also be afforded an opportunity of observing the examination, (
b)if he does not exercise his right to be present at the examination, he shall have the right to be represented at it by another person selected by him and, if he exercises this right, the person representing him shall be afforded an opportunity of observing the examination. In this subsection “examination” includes “test”. PART III. Driving Licences. Licensing authority. 21.—In this Part of this Act “licensing authority” means the council of a county or the corporation of a county borough. Application for driving licence. 22.—

(1)Subject to the provisions of this Part of this Act, a person may apply to a licensing authority for a licence (in this Act referred to as a driving licence) to drive mechanically propelled vehicles of a specified class.

(2)(

a)Where a person is disqualified for applying for any driving licence whatsoever for a period, he shall not apply for any driving licence whatsoever for that period and, if he does so and obtains a licence on the application, it shall be void and of no effect. (
b)Where a person is disqualified for applying for a driving licence in respect of a class of vehicles for a period, he shall not apply for a driving licence in respect of that class for that period and, if he does so and obtains a licence on the application, it shall be void and of no effect.

(3)An application for a driving licence— (

a)shall be made to the licensing authority in whose functional area the applicant ordinarily resides, (
b)shall be made in accordance with the relevant regulations under this Part of this Act, (
c)shall be accompanied by any certificate of competency or fitness required under regulations under this Act, and (
d)shall be accompanied by the excise duty payable on the taking out of a driving licence.

(4)(

a)Where a person is disqualified by this Act for holding any driving licence whatsoever during a period, he shall be disqualified for applying for any driving licence whatsoever for that period or any period the whole or part of which is within that period. (
b)Where a person is disqualified by this Act for holding a driving licence in respect of vehicles of a class during a period, he shall be disqualified for applying for a driving licence in respect of vehicles of that class for that period or any period the whole or part of which is within that period.

(5)Where a person has been granted a driving licence in respect of vehicles of a class for a period, he shall be disqualified for applying for a driving licence in respect of vehicles of that class for that period or any period part of which is within that period. Grant of driving licence. 23.—

(1)Where an application is duly made for a driving licence, the licensing authority shall grant the licence unless it appears to them— (

a)that the applicant is disqualified for applying for the licence, or (
b)that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2)Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall be granted for a period of twelve months or such longer period as may be prescribed beginning on— (

a)in case the licence is granted during a period during which a driving licence previously granted to the applicant remains unexpired—the day following the expiration of the driving licence previously granted, and (
b)in any other case—the day on which the licence is granted. Signing of driving licence by grantee thereof. 24.—Where a driving licence which is expressed as not having effect until it is signed by the grantee is granted— (
a)it shall be the duty of the grantee forthwith to sign his name on the licence in the place indicated in that behalf therein, (
b)if the grantee fails so to sing the licence, he shall not, for the purposes of this Part of this Act, be regarded as not being the holder of the licence merely by reason of such failure. Period during which driving licence has effect. 25.—Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall have effect— (
a)in the case of a licence which is expressed as not having effect until it is signed by the grantee and which is not signed by him before the commencement of the period for which it is granted—the part (if any) of the period for which it is granted which is subsequent to its having been signed by the grantee, and (
b)in any other case—the period for which the licence is granted. Consequential disqualification orders. 26.—

(1)Where a person is convicted of an offence specified in the Second Schedule to this Act, the court shall make an order (in this Act referred to as a consequential disqualification order) declaring him to be disqualified for holding a driving licence.

(2)A disqualification under this section shall disqualify the convicted person for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority a certificate of competency or a certificate of fitness or both.

(3)(

a)The period of a disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of— (
i)an offence under section 49 of this Act, or (
ii)an offence under section 53 of this Act where the contravention caused death or serious bodily harm to another person, be not less than one year in the case of a first offence and not less than three years in the case of a second or any subsequent offence. (
b)Where a person has been convicted of an offence under section 30 of the repealed Act, the conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction of an offence under section 49 of this Act.

(4)The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection

(3)of this section, be not less than six months.

(5)(

a)Where— (
i)a person is convicted of an offence under section 49 of this Act, being a second or any subsequent offence, and (
ii)a period of four years or more during which such person was not disqualified for holding a driving licence has elapsed since his last previous conviction for an offence under that section, the court may, for the purposes of this section, deal with the offence as a first offence. (
b)Where a person has been convicted of an offence under section 30 of the repealed Act, the conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction of an offence under section 49 of this Act.

(6)Subject to subsections

(7)and

(8)of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(7)A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was imposed is reversed.

(8)Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections

(2),

(3)and

(4)of this section shall be complied with and the provisions of subsection

(5)of this section, where relevant, shall also apply. Ancillary disqualification orders. 27.—

(1)(

a)Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence. (
b)A disqualification under this subsection— (
i)shall disqualify the convicted person either for holding any driving licence whatsoever or for holding a driving licence in respect of a class or classes of mechanically propelled vehicles, and (
ii)shall so disqualify him during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority a certificate of competency or a certificate of fitness or both.

(2)Subject to subsection

(3)of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an ancillary disqualification order may be made, jurisdiction to make, confirm, annul or vary an ancillary disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(3)Where an ancillary disqualification order is, on an appeal, made or varied, the requirements of paragraph (b) of subsection

(1)of this section shall be complied with.

(4)An ancillary disqualification order shall be subject to appeal notwithstanding that an appeal is not taken against the relevant conviction. Special disqualification orders. 28.—

(1)Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection, and if the Justice is satisfied that such person is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the appropriate licensing authority a certificate of fitness.

(2)Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is incompetent to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection in respect of such person, and if the Justice is satisfied that such person is incompetent to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the appropriate licensing authority a certificate of competency.

(3)An order shall not be made under this section in respect of a person unless not less than ten days' previous notice in writing of the application for the order has been given to him.

(4)A person who is aggrieved by a special disqualification order made in respect of him may appeal to the Circuit Court.

(5)Orders made under this section are referred to in this Act as special disqualification orders. Removal of disqualification under consequential or ancillary disqualification order. 29.—

(1)A person in respect of whom a consequential or ancillary disqualification order specifying a period of disqualification exceeding six months 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.

(2)In considering for the purposes of subsection

(1)of this section whether the circumstances referred to in that subsection exist, a court, without prejudice to its power to have regard to all such matters as appear to it to be relevant, may, in particular, have regard to the character of the applicant, his conduct after conviction and the nature of his offence.

(3)In subsection

(1)of this section the reference to the court which made a disqualification order shall, in the case of any such order varied on appeal, be construed as a reference to the appellate court.

(4)Where— (

a)a consequential or ancillary disqualification order is made by an appellate court on an appeal from another court, and (
b)the order made by the appellate court is to the same effect as an order of the same kind made by the other court, the other court shall, for the purposes of subsection

(1)of this section, be deemed to be the court which made the order made by the appellate court.

(5)Where an application under this section is refused, a fresh application shall not be made within three months after the refusal.

(6)Where, an application having been made under this section to the District Court, the Circuit Court or the Central Criminal Court, the application is refused or the applicant is aggrieved by the date as from which the disqualification is removed, he may appeal to— (i) in the case of an application to the District Court—the Circuit Court, and (ii) in any other case—the Court of Criminal Appeal.

(7)The court hearing an application or appeal under this section may order the applicant to pay the whole or any part of the costs. 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)Subsection

(1)of this section shall cease to have effect, in the case of a consequential or ancillary disqualification order, if and when the disqualification is removed.

(3)The operation of a consequential, ancillary or special disqualification order shall not, save where the court making the order otherwise directs, be suspended or postponed by reason of an appeal being brought against the order or, where the order is related to a conviction, against the conviction.

(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 order has been suspended or postponed pending the appeal, and (
c)the appellant has given notification in writing that he wishes to withdraw the appeal, the suspension or postponement 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)an appeal is brought against a consequential or ancillary disqualification order, (
b)the order has been suspended or postponed pending the appeal, and (
c)the order is confirmed by the appellate court, the period of disqualification shall begin on the day on which the order is confirmed.

(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. Disqualifications related to age. 31.—

(1)A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.

(2)The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.

(3)A person who has not attained an age specified in regulations under subsection

(2)of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age. Disqualification on grounds of health. 32.—

(1)This section applies to a person suffering from any disease or physical or mental disability declared by the Minister by regulations to be a disease or disability such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever

(2)A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability. Certificates of competency. 33.—

(1)In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.

(2)A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases: (

a)where he is disqualified for holding a driving licence until he produces a certificate of competency, (
b)where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.

(3)Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested— (

a)the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and (
b)the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.

(4)On completion of a test under subsection

(3)of this section, the issuing authority shall either— (

a)refuse the application, or (
b)subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying— (
i)in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or (
ii)in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive, but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.

(5)(a) A person aggrieved by the deferring of a decision under subsection

(4)of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness. (b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(6)(a) A person aggrieved by a decision under subsection

(4)of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test. (b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(7)Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence. Certificates of fitness. 34.—

(1)In this section— “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section; “relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person's physical and mental condition in the case of an application for that certificate of fitness.

(2)A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases: (

a)where he is disqualified for holding a driving licence until he produces a certificate of fitness, (
b)where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of fitness.

(3)A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition.

(4)Where— (

a)an application is duly made under this section to the issuing authority, and (
b)the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection

(3)of this section, the issuing authority shall, after consideration of the application and report, either— (

i)refuse the application, or (
ii)issue a certificate (in this Act referred to as a certificate of fitness) certifying— (I) in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or (II) in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive, but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency.

(5)(a) A person aggrieved by a decision under subsection

(4)of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction. (b) A decision under this subsection of a Justice of the District Court shall be final and not appealable. Provisional licence. 35.—

(1)A person who desires to learn to drive mechanically propelled vehicles of any class in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a licence (in this Part of this Act referred to as a provisional licence) licensing him provisionally to drive mechanically propelled vehicles of that class in a public place.

(2)An application for a provisional licence— (

a)shall be made to the licensing authority in whose functional area the applicant ordinarily resides, (
b)shall be in accordance with the relevant regulations under this Part of this Act, and (
c)shall be accompanied by the appropriate fee, and where any such application is duly made as aforesaid, a provisional licence shall be granted by the licensing authority.

(3)A provisional licence shall have effect in accordance with its terms and— (a) in a prosecution for an offence under subsection

(2)of section 38 of this Act, it shall be a good defence for the defendant to show that, at the time he drove the vehicle, he held a provisional licence then having effect and licensing him to drive the vehicle, (b) in a prosecution for an offence under subsection

(4)of that section, it shall be a good defence for the defendant to show that the person employed to drive the vehicle held, at the time he drove the vehicle, a provisional licence then having effect and licensing him to drive the vehicle, (c) in a prosecution for an offence under section 40 of this Act, it shall be a good defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he produced a provisional licence having effect at the material time and licensing him to drive the vehicle and that he permitted the member of the Garda Síochána to whom it was produced to read it. Order for endorsement in case of conviction, disqualification order or removal of disqualification. 36.—

(1)Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court, if it does not make a consequential or ancillary disqualification order, may (and, in the case of an offence which would be an offence such as is specified in paragraph 1, 2, 3, 5, 7, 8, 9, 10 or 11 or subparagraph (b) of paragraph 6 of the Second Schedule to this Act if it were a second or any subsequent offence within any period of three years, shall) by order direct particulars of the conviction to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(2)In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an order may be made or is required to be made under subsection

(1)of this section, jurisdiction to make, confirm or annul such order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing and, where the order under subsection

(1)of this section was required to be made by that subsection, the appellate court— (

a)if it sets aside the conviction, shall annul that order, (
b)if it refuses the appeal and does not vary the sentence, shall confirm that order, (
c)if it refuses the appeal and varies the sentence, shall annul that order and by a new order direct particulars of the conviction to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(3)(

a)Where a person is convicted of an offence and a consequential or ancillary disqualification order is made by the court on his conviction, the court shall by order direct particulars of the conviction and the disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence. (
b)Where a consequential or ancillary disqualification order is suspended or postponed pending an appeal, the relevant order under this subsection shall also stand suspended or postponed, but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension or postponement of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given. (
c)In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential or ancillary disqualification order was made and in the case of an appeal under subsection

(4)of section 27 of this Act, jurisdiction to make, confirm or annul an order made under paragraph (

a)of this subsection is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing, and the appellate court shall— (
i)where it makes a disqualification order and in consequence makes an order under paragraph (
a)of this subsection, annul the order previously made under that paragraph, (
ii)where it confirms the disqualification order, confirm the order made under paragraph (
a)of this subsection, (iii) where it annuls the disqualification order, annul the order made under paragraph (
a)of this subsection, (
iv)where it varies the disqualification order, annul the order previously made under paragraph (
a)of this subsection and by a new order direct particulars of the conviction and of the disqualification order (as varied) to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(4)(

a)Where a special disqualification order is made in relation to any person, the court shall by order direct particulars of the special disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence. (
b)Where a special disqualification order is suspended or postponed pending an appeal, the relevant order under this subsection shall also stand suspended or postponed, but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension or postponement of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given. (
c)Where an appeal is taken in a case in which an order has been made under this subsection, the Circuit Court shall (as may be appropriate)— (
i)annul such order, or (
ii)annul such order and make an order under this subsection.

(5)Where a disqualification is removed under section 29 of this Act, the court shall by order direct particulars of the removal to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence. Transfer of endorsement to new licence. 37.—

(1)(

a)Where a driving licence (in this section referred to as the new licence) is granted under this Part of this Act to a person who is at the time of the grant or was previously thereto the holder of a licence (in this section referred to as the previous licence) which was endorsed under this Part of this Act or Part III of the repealed Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act. (
b)Nothing in paragraph (
a)of this subsection shall apply in relation to an endorsement made pursuant to an order annulled on appeal,

(2)Where— (

a)a person who is or has been the holder of a licence endorsed under this Part of this Act or Part III of the repealed Act applies under and in accordance with this Act for a driving licence, and (
b)such person satisfies the licensing authority that— (
i)during a continuous period of not less than three years, or a series of discontinuous periods amounting in the aggregate to not less than five years, he has lawfully held a driving licence or a licence under Part III of the repealed Act, and (
ii)that, from the commencement of such continuous period or the first of such discontinuous periods (as the case may
be)until the date of the application, he has not had— (I) a driving licence held by him endorsed under this Part of this Act (disregarding an endorsement under this section of a new licence), or (II) a licence under Part III of the repealed Act held by him endorsed under that Part (disregarding an endorsement under section 37 of the repealed Act of a new licence), the driving licence (if any) granted on the application shall be granted without any endorsement under this Part of this Act and shall not be for any purpose a licence so endorsed. Prohibition on driving without driving licence. 38.—

(1)A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(2)(a) A person who contravenes subsection

(1)of this section shall be guilty of an offence. (b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(3)The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(4)(a) A person who contravenes subsection

(3)of this section shall be guilty of an offence. (b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(5)A person— (a) who is summarily convicted of the offence of contravening subsection

(1)of this section and was at the time he committed the offence— (

i)disqualified for holding a driving licence, or (
ii)a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence, or (
b)who is summarily convicted of the offence of contravening subsection

(3)of this section in a case in which the person employed to drive the vehicle was at the time he drove the vehicle— (

i)disqualified for holding a driving licence, or (
ii)a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence, shall be liable to the following punishment in lieu of the punishment mentioned in section 102 of this Act, that is to say, 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.

(6)Subsections

(1)to

(5)of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.

(7)Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections

(1)to

(5)of this section and sections 40 and 41 of this Act. Prohibition on applying for driving licence when disqualified. 39.—

(1)A person shall not apply for a driving licence if he is disqualified for applying therefor.

(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 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. Production of driving licence on demand by member of Garda Síochána. 40.—

(1)(

a)A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production of a driving licence then having effect and licensing him to drive the vehicle, and if such person refuses or fails to produce the licence there and then, he shall, unless within ten days after the date on which the production was demanded he produces such licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by such person at the time at which the production was so demanded, be guilty of an offence. (
b)In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded, produce a driving licence in accordance with paragraph (
a)of this subsection.

(2)Where a person of whom the production of a driving licence is demanded under this section produces the licence, but refuses or fails to permit the member of the Garda Síochána making the demand to read the licence, he shall be guilty of an offence.

(3)Where a person of whom the production of a driving licence is demanded under this section refuses or fails to produce the licence or produces the licence but refuses or fails to permit the member of the Garda Síochána making the demand to read the licence, or where a person produces a driving licence at a Garda Síochána station in accordance with paragraph (a) of subsection

(1)of this section but refuses or fails to permit the member of the Garda Síochána to whom the licence is produced to read it, the member may demand of such person his name and address and, if such person refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(4)A member of the Garda Síochána may arrest without warrant— (

a)any person who pursuant to this section produces a driving licence to the member but refuses or fails to permit the member to read it, or (
b)any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false.

(5)A person who, when producing a driving licence to a member of the Garda Síochána pursuant to this section, permits the member to see and read so much of the licence as contains the name, address, signature (if any) and photograph (if any) of the person to whom the licence was granted, the date of the termination of the period for which it was granted and the licensing authority by whom it was granted shall, for the purposes of this section, be deemed to have permitted such member to read the licence.

(6)A person who, when the production of a driving licence is demanded of him under this section, does not produce the licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of this section. Writing of signature on demand by member of Garda Síochána. 41.—

(1)A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection

(2)of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.

(2)The condition referred to in subsection

(1)of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees. Regulations under Part III. 42.—

(1)The Minister may make regulations for the purpose of giving effect to this Part of this Act.

(2)Regulations under this section may, in particular and without prejudice to the generality of subsection

(1)of this section, make provision for all or any of the following matters: (

a)the classification for the purposes of this Part of this Act of mechanically propelled vehicles; (
b)the form of driving licences and provisional licences; (
c)the form and manner of application for a driving licence or a provisional licence, the particulars to be embodied in the application and the documents to be furnished therewith; (
d)the surrender of driving licences; (
e)the securing that driving licences are not issued to persons already holding driving licences; (
f)the issue by licensing authorities of duplicate driving licences in place of driving licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees; (
g)the communication of particulars of driving licences granted by licensing authorities to other licensing authorities; (
h)the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act or whose licences under Part III of the repealed Act have been endorsed under that Part; (
i)the fees to be paid in respect of the grant of provisional licences and the disposition of such fees, the period during which a provisional licence is to remain in force, the conditions to attach to a provisional licence and failure to comply with which shall render the licence void and the application in relation to provisional licences of any provisions of this Part of this Act or any regulations thereunder; (
j)the issue of driving licences by officers of any Minister of State as agents of the licensing authorities.

(3)Regulations under this section in relation to sections 33 and 34 of this Act may, in particular and without prejudice to the generality of subsection

(1)of this section, make provision for all or any of the following matters: (

a)the classes of persons who are required to produce a certificate of competency or fitness when applying for a driving licence; (
b)voluntary submission to tests as to competency and knowledge of the Rules of the Road; (
c)the making of applications for certificates; (
d)the period which must elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate; (
e)the fees to be paid on applications for certificates and their disposition; (
f)the persons by whom the issuing authority under section 33 of this Act may cause tests to be carried out; (
g)the persons by whom further tests directed under subsection

(6)of section 33 of this Act are to be carried out; (

h)the nature of and manner of holding tests; (
i)the form of reports by registered medical practitioners under section 34 of this Act; (
j)the form and manner of issue of certificates and the period of their validity; (
k)the keeping of records by specified persons; (
l)the acceptance of certificates under sections 81 and 82 of the repealed Act for the purposes of this Act; (
m)the delegation by issuing authorities to specified persons of the functions of such authorities under subsection

(4)of section 33 of this Act; (n) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection

(4)of section 34 of this Act.

(4)Regulations under this section in relation to disqualifications and endorsements under this Act may, in particular and without prejudice to the generality of subsection

(1)of this section, make provision for all or any of the following matters: (

a)the production of driving licences in court; (
b)the effecting of endorsements ordered under section 36 of this Act; (
c)the transmission of driving licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period); (
d)the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.

(5)Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(6)A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. Transitional provisions (Part III). 43.—

(1)A licence under Part III of the repealed Act in force at the commencement of this subsection shall be deemed to be a driving licence.

(2)An order under section 30 of the repealed Act in force at the commencement of this subsection shall be deemed to be a consequential disqualification order.

(3)An order under section 31 of the repealed Act in force at the commencement of this subsection shall be deemed to be an ancillary disqualification order.

(4)An order under section 32 of the repealed Act in force at the commencement of this subsection shall be deemed to be a special disqualification order.

(5)If and so long as, section 26 of this Act having come into operation, the repeal by this Act of Part III (other than sections 29 and 30) of the repealed Act has not come into operation, a consequential disqualification order shall be deemed for the purposes of the repealed Act to be a consequential disqualification order under that Act notwithstanding the repeal of section 30 thereof.

(6)If and so long as, section 29 of this Act having come into operation, the repeal by this Act of section 31 of the repealed Act has not come into operation, the said section 29 shall apply to an order under the said section 31. PART IV. Speed Limits. Ordinary speed limits. 44.—

(1)The Minister may make regulations prescribing a speed limit in respect of all public roads, or all public roads with such exceptions as may be specified in the regulations, for any class of mechanically propelled vehicles.

(2)Regulations under this section prescribing a speed limit for a class of vehicle may except any sub-class of the class from the speed limit.

(3)In this Act “ordinary speed limit” means a speed limit under regulations under this section. Built-up area speed limits. 45.—

(1)(

a)There shall be a speed limit of thirty miles per hour in respect of all public roads in built-up areas for all mechanically propelled vehicles. (
b)The Minister may, with respect to the limit specified in paragraph (
a)of this subsection, by regulations— (
i)increase or reduce it, (
ii)restrict it to particular periods of the day and night.

(2)Each of the following roads shall be a public road in a built-up area for the purposes of this section: (

a)a public road which is in a county or other borough, an urban district or a town, other than a road which is declared by the Minister by regulations not to be a public road in a built-up area for those purposes; (
b)a public road which is not in a county or other borough, an urban district or a town and which is declared by the Minister by regulations to be a public road in a built-up area for those purposes.

(3)The Minister may by regulations except any class of mechanically propelled vehicles from the built-up area speed limit.

(4)In this Act “built-up area speed limit” means the speed limit under this section. Special speed limits. 46.—

(1)The Minister may make regulations prescribing in respect of any specified public road or of all public roads in any specified area the speed which shall be the speed limit on such road or roads for mechanically propelled vehicles.

(2)The Minister shall not make regulations under this section save on the application of the Commissioner or on the application of the road authority concerned and shall not revoke or amend any such regulation save after consultation with the Commissioner and such road authority.

(3)Regulations under this section prescribing a speed limit may— (

a)restrict it to any class of mechanically propelled vehicles, (
b)restrict it to specified periods of the day and night or to specified occasions, (
c)except from it any class or sub-class of a class of mechanically propelled vehicles.

(4)In this Act “special speed limit” means a speed limit under regulations under this section. Offence of exceeding speed limit. 47.—

(1)A person shall not drive a mechanically propelled vehicle at a speed exceeding a speed limit applying in relation to the vehicle.

(2)A person who contravenes subsection

(1)of this section shall be guilty of an offence.

(3)In this section “speed limit” means a limit which is— (

a)an ordinary speed limit, (
b)the built-up area speed limit, or (
c)a special speed limit. PART V. Driving Offences. Driving mechanically propelled vehicle when unfit. 48.—

(1)A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.

(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 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. Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug. 49.—

(1)A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

(2)A person who contravenes subsection

(1)of this section 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.

(3)Subsection

(1)of section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to an offence under this section.

(4)Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant. Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug. 50.—

(1)In this section “unfit to drive” means under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of a mechanically propelled vehicle.

(2)A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.

(3)A person who is guilty of an offence under this section 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)In a prosecution for an offence under this section, it shall be presumed, until the defendant shows— (

a)that at the material time the circumstances were such that there was no likelihood of his driving the mechanically propelled vehicle so long as he remained unfit to drive, and (
b)that between his becoming unfit to drive and the material time he had not driven the mechanically propelled vehicle in a public place, that he intended to drive or attempt to drive the mechanically propelled vehicle.

(5)A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872 , with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(6)Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant.

(7)Where a person convicted of an offence under this section has been previously convicted of an offence under section 49 of this Act or under section 30 of the repealed Act, he shall be treated for the purposes of this section as having been previously convicted of an offence under this section. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. 51.—

(1)A person shall not, in a public place— (

a)drive or attempt to drive, or be in charge of, an animal drawn vehicle, or (
b)drive or attempt to drive a pedal cycle, while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle or cycle.

(2)A person who contravenes subsection

(3)A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872 , with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(4)Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant. Careless driving. 52.—

(1)A person shall not drive a vehicle in a public place without due care and a

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.