Road Traffic Act, 1961

Road Traffic Act, 1961 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 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 …