Number 24 of 1961.
ROAD TRAFFIC ACT, 1961.
ARRANGEMENT OF SECTIONS
Preliminary And General
Section | |
Application to persons and vehicles in the service of the State. | |
General Provisions relating To Vehicles
Regulations in relation to use of vehicles in public places. | |
Driving Licences
Speed Limits
Driving Offences
Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug. | |
Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. | |
Compulsory Insurance Of Mechanically Propelled Vehicles
Control And Operation Of Public Service Vehicles
Regulations in relation to control and operation of public service vehicles. | |
Bye-laws with respect to stopping places and stands for omnibuses. | |
Regulation Of Traffic
Miscellaneous
Enactments Repealed
Offences under this Act involving Consequential Disqualification Orders
Acts Referred to | |
Road Vehicles (Registration and Licensing) Regulations, 1958 | S.I. No. 13 of 1958 |
1933, No. 11 | |
1925, No. 24 | |
Roads Act, 1920 | 1920, c. 72 |
1932, No. 2 | |
1933, No. 8 | |
Probation of Offenders Act, 1907 | 1907, c. 17 |
Licensing Act, 1872 | 1872, c. 94 |
Person Act, 1861 | 1861, c. 100 |
1936, No. 45 | |
Assurance Companies Act, 1909 | 1909, c. 49 |
Weights and Measures Act, 1889 | 1889, c. 21 |
1928, No. 3 | |
Weights and Measures Act, 1904 | 1904, c. 28 |
1937, No. 38 | |
1947, No. 44 | |
Public Health (Ireland) Act, 1878 | 1878, c. 52 |
1946, No. 24 | |
Public Health (Ireland) Act, 1896 | 1896, c. 54 |
1925, No. 5 | |
Petty Sessions (Ireland) Act, 1851 | 1851, c. 93 |
1956, No. 3 | |
1947, No. 28 | |
1952, No. 24 | |
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.
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 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 offen,
(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 (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.
(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 attention, or without reasonable consideration for other persons using the place.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
Dangerous driving.
53.—(1) A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he shall be liable on conviction on indictment to penal servitude for any term not exceeding five years or, at the discretion of the court, to a fine not exceeding five hundred pounds or to both such penal servitude and such fine, and
(b) in any other case, he 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.
(3) In a prosecution for an offence under this section, it shall not be a defence to prove that the speed at which the accused person was driving was not in excess of an ordinary, built-up area or special speed limit applying in relation to the vehicle.
(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of an offence under this section but was guilty of an offence under section 52 of this Act, the jury or court may find him guilty of an offence under section 52 of this Act and he may be sentenced accordingly.
(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 with an offence under section 35 of the Offences against the Person Act, 1861.
(6) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he may arrest the first-mentioned person without warrant.
Driving of dangerously defective vehicle.
54.—(1) A person who drives a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which he knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public shall be guilty of an offence.
(2) Where a mechanically propelled vehicle is driven in a public place while there is a defect affecting the vehicle which the owner thereof knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, such owner shall be guilty of an offence.
(3) Where a person is charged with an offence under subsection (2) of this section, it shall be a, good defence to the charge for him to show that the vehicle was being driven on the occasion in question by another person and that such driving was unauthorised.
(4) A person who is guilty of an offence under subsection (1) or subsection (2) of this section 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.
Parking vehicle in dangerous position.
55.—(1) A person shall not park in a public place a vehicle in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the place.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction—
(a) in the case of—
(i) a first offence where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11 of this Act) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or
(ii) 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, and
(b) in any other case—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.
(3) If and so long as, this section having come into operation, the repeal by this Act of Part X of the repealed Act has not come into operation, “(within the meaning of the repealed Act)” shall be substituted in subparagraph (i) of paragraph (a) of subsection (2) of this section for “(as declared by regulations under section 11 of this Act)”.
PART VI.
Compulsory Insurance of Mechanically Propelled Vehicles.
Obligation to be insured or guaranteed.
56.—(1) A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—
(a) an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or
(b) an approved guarantee whereby there is guaranteed the payment by the user, or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, of all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.
(2) The insurance or guarantee required by this section may be subject to the following limitation and the following exception or either of them:
(a) it may, in so far as it relates to injury to property, be limited to the sum of one thousand pounds in respect of injury caused by any one act of negligence or any one series of acts of negligence collectively constituting one event,
(b) there may be excepted from the liability covered thereby any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor by special contract.
(3) 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 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.
(4) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act,—
(a) the person on whom the demand was made refused or failed to produce a certificate of insurance, certificate of guarantee or certificate of exemption then and there, or
(b) such person, having duly produced such 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.
(5) 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.
(6) 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.
Fine in lieu of damages and imprisonment in addition to damages.
57.—(1) Where—
(a) the court, on a conviction for an offence under the immediately preceding section, is satisfied that injury was caused to person or property by the negligent use on the occasion on which the offence was committed of the vehicle in relation to which the offence was committed and
(b) the court is of opinion that some person then present or represented would be entitled to recover in a civil action against the convicted person damages in respect of the injury,
the court may, if it thinks fit and the person present or represented consents, inflict on the convicted person, in addition to any other punishment, a fine not exceeding the damages which in the opinion of the court the person present or represented would be entitled to recover against the convicted person.
(2) Where a fine is imposed under subsection (1) of this section on a convicted person—
(a) the court imposing the fine may sentence the convicted person to any term of imprisonment, not exceeding six months, in default of payment of the fine within such time, not being less than fourteen days, as the court appoints,
(b) the amount of the fine shall be paid to the person on account of whose right to recover damages the fine was imposed and, if there is more than one such person, in such proportions as the court directs,
(c) the payment of the fine by the convicted person shall be a good defence to any civil action brought by any person to whom the fine or any part thereof was so paid in respect of the injury on account of which the fine was inflicted,
(d) without prejudice to any right of appeal by any other person, the person or any of the persons to whom the fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of the fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose circuit is situate the district or any part of the district of the Justice by whom the fine was inflicted, and the decision of the Judge on the appeal shall be final.
(3) Where damages are recovered in a civil action against a person who was convicted of an offence under the immediately preceding section in respect of injury to person or property caused by the negligent use on the occasion on which the offence was committed of the mechanically propelled vehicle in relation to which the offence was committed, the court before whom the damages are recovered may if the damages are not paid within fourteen days or such longer period as the court may determine order that the person against whom the damages were recovered be forthwith taken into custody and be imprisoned for whichever of the following periods is the shorter, that is to say, until the expiration of six months from the taking into custody or until he pays the amount of the damages to the person by whom they were recovered and lodges in court, by way of security for the payment of the costs recovered by that person in the action, such sum (if any) as the court fixes.
(4) This section applies only to injury against liability with respect to which an approved policy of insurance or an approved guarantee is required by this Act to be effected.
Vehicle insurer.
58.—In this Act “vehicle insurer” means, subject to subsection (1) of section 78 of this Act,—
(a) an assurance company within the meaning of section 3 of the Insurance Act, 1936, carrying on mechanically propelled vehicle insurance business within the meaning of that section, or
(b) a syndicate within the meaning of that section carrying on that business.
Vehicle guarantor.
59.—In this Act “vehicle guarantor” means, subject to subsection (2) of section 78 of this Act, a person who—
(a) is not a vehicle insurer, and
(b) carries on the business of issuing approved guarantees, and
(c) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees,
Exempted person.
60.—In this Part of this Act “exempted person” means, subject to subsection (3) of section 78 of this Act, a person who—
(a) is neither a vehicle insurer nor a vehicle guarantor, and
(b) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who desire to become exempted persons.
Deposits by vehicle guarantors and exempted persons.
61.—(1) A person (other than a vehicle insurer) who intends to carry on the business of issuing approved guarantees or who desires to become an exempted person may deposit and thereafter keep deposited with the Accountant of the Courts of Justice the sum of fifteen thousand pounds.
(2) The Accountant of the Courts of Justice shall invest a sum deposited under this section in such of the securities authorised by law for the investment of funds in the High Court as the depositor directs, and the income accruing on the securities shall be paid to the depositor.
(3) The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister for Industry and Commerce.
(4) The Minister for Industry and Commerce may make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares or other securities in lieu of money, the payment of the income from time to time accruing on securities in which deposits are for the time being invested and the withdrawal and transfer of deposits.
Approved policy of insurance.
62.—(1) A policy of insurance shall be an approved policy of insurance for the purposes of this Act if, but only if, it complies with the following conditions:
(a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein;
(b) the insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use, during the period (in this Act referred to as the period of cover) specified in that behalf in the policy, of a mechanically propelled vehicle to which the policy relates, by the insured or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the policy;
(c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved policy of insurance; and
(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days' notice in writing to the insured.
(2) A policy of insurance which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3) A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance being subject to the following limitation and the following exception or either of them:
(a) the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,
(b) the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.
Approved guarantee.
63.—(1) A guarantee shall be an approved guarantee for the purposes of this Act if, but only if, it complies with the following conditions;
(a) it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein;
(b) the insurer or guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use during the period (in this Act referred to as the period of cover) specified in that behalf in the guarantee, of a mechanically propelled vehicle to which the guarantee relates, by the principal debtor or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the guarantee;
(c) the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved guarantee; and
(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor save either with the consent of the principal debtor or after seven days' notice in writing to the principal debtor.
(2) A guarantee which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3) A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee being subject to the following limitation and the following exception or either of them:
(a) the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,
(b) the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract.
(4) An approved guarantee issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.
Fraud in obtaining policy or guarantee.
64.—(1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person's participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect.
(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.
(3) In a prosecution for an offence under subsection (1) of this section, a document—
(a) which purports to be—
(i) a proposal forming the basis of the relevant contract of insurance or guarantee,
(ii) a document (other than a proposal) forming that basis, or
(iii) an application for participation in the cover afforded by the relevant contract of insurance or guarantee, and
(b) which purports to be signed by the defendant,
may be tendered in evidence without proof and shall be presumed, until the contrary is shown by the defendant, to be such proposal or document as aforesaid and to have been signed by the defendant.
Excepted persons.
65.—(1) In this Part of this Act “excepted persons” means the following persons:
(a) any person claiming in respect of injury to person to himself sustained while he was in or on a mechanically propelled vehicle to which the relevant document relates, other than a mechanically propelled vehicle of a class specified for the purposes of this paragraph by the Minister by regulations,
(b) any person claiming in respect of injury to person to another person where—
(i) in case the injury caused the other person's death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph (a) of this subsection if he were himself claiming in respect of the injury, and
(ii) in any other case—the other person would be such an excepted person if he were so claiming,
(c) any person claiming in respect of injury to property sustained while the property was in or on a mechanically propelled vehicle to which the relevant document relates,
(d) any person claiming in respect of injury to property sustained while the property was owned by or was in the possession, custody or control of the insured or the principal debtor in the relevant document,
(e) any person claiming in respect of injury to any weighbridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates,
(f) any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and
(g) any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Acts, 1934 to 1955.
(2) In this section—
(a) “relevant document” means the approved policy of insurance or the approved guarantee in relation to which the expression “excepted persons” is used, and
(b) references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off, the vehicle, and injury caused by being thrown out of or off the vehicle.
Certificate of insurance and certificate of guarantee.
66.—(1) Where a vehicle insurer issues an approved policy of insurance, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.
(2) Where a vehicle insurer or a vehicle guarantor issues an approved guarantee, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.
(3) For the purposes of this section, a renewal of an approved policy of insurance or an approved guarantee shall be deemed to be an issue thereof.
Effect of certificate of insurance or guarantee.
67.—(1) Where a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by him to a specified person—
(a) if and so long as no such policy as is described in the certificate has been issued, the insurer shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved policy of insurance conforming in all respects with the description and particulars stated in the certificate, and
(b) if the insurer has issued to the specified person a policy such as is described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer, either directly or through the specified person, than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.
(2) Where a vehicle insurer or a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by him to a specified person—
(a) if and so long as no such guarantee as is described in the certificate has been issued, the insurer or guarantor shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved guarantee conforming in all respects with the description and particulars stated in the certificate, and
(b) if the insurer or guarantor has issued to the specified person a guarantee such as is described in the certificate, but the actual terms of the guarantee are less favourable to persons claiming under or by virtue of the guarantee against the insurer or guarantor, either directly or through the specified person, than the particulars of the guarantee as stated in the certificate, the guarantee shall, as between the insurer or guarantor and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.
(3) Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which it would not have been liable if this section had not been enacted.
Certificate of exemption.
68.—(1) A vehicle insurer, a vehicle guarantor or an exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that the vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury caused by the negligent use of the vehicle.
(2) A certificate of exemption issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.
Production of certificate on demand.
69.—(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle 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 either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person 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 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 either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use on the occasion of the vehicle by the person then actually using it 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.
Obligation to deliver up certificate.
70.—(1) Where the period of cover under an approved policy of insurance is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after the termination or suspension, deliver to the vehicle insurer by whom the policy was issued the latest certificate of insurance in respect of the policy.
(2) Where the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after the termination or suspension, deliver to the vehicle insurer or the vehicle guarantor by whom the guarantee was issued the latest certificate of guarantee in respect of the guarantee.
(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence.
Obligation of insured or principal debtor to give notice of accident.
71.—(1) Subject to subsection (2) of this section, where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the insured or the principal debtor (as the case may be) shall, as soon as practicable after the occurrence of the event, or where the event did not occur in his presence, within forty-eight hours after the occurrence of the event first came to his knowledge, give to the insurer by whom the policy was issued or to the insurer or guarantor by whom the guarantee was issued notice in writing of the occurrence of the event together with such particulars of the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.
(2) An approved policy of insurance or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) from the obligation of giving the notice mentioned in subsection (1) of this section and, in any such case, that notice need not be given.
(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(4) A notice or particulars required by this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insurer or guarantor, and the notice or particulars shall be deemed to be given in the time specified in this section for the giving thereof if so posted within that time.
Obligation of user of vehicle to give notice of accident.
72.—(1) Where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance, or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the person who is actually using the vehicle when the event occurs shall—
(a) unless he is himself the insured under the policy or the principal debtor under the guarantee or the event occurs in the presence of such insured or principal debtor, give to such insured or principal debtor, as soon as practicable after the occurrence of the event, notice of the occurrence together with full particulars thereof,
(b) give, on demand, to the insurer or guarantor such particulars relating to the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) A notice or particulars required by paragraph (a) of subsection (1) of this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insured or the principal debtor.
Obligation to give information as to insurance.
73.—(1) Where a claim is made against a person in respect of any such liability as is appropriate in accordance with this Act to be covered by an approved policy of insurance or an approved guarantee, such person, on demand in writing (served by registered post) by or on behalf of the person making the claim, shall—
(a) if the liability was so covered, state that fact, state the name and address of the insurer or guarantor concerned and state the prescribed particulars referred to in subsection (1) or subsection (2) (as may be appropriate) of section 66 of this Act,
(b) if the liability would have been so covered but for an approved policy of insurance or an approved guarantee having been avoided, cancelled or otherwise terminated, state that fact and state the name and address of the insurer or guarantor concerned,
(c) if the liability was not so covered on account of the person against whom the claim is made having been a vehicle insurer, a vehicle guarantor or an exempted person, state that fact and state the prescribed particulars referred to in section 68 of this Act, and
(d) if none of the foregoing paragraphs apply, state that fact.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) A statement demanded under this section may be given by posting the statement in a properly closed and prepaid envelope addressed to the person demanding it.
Amendment of Assurance Companies Act, 1909.
74.—(1) Section 1 of the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall have effect as if after paragraph (e) thereof the following paragraph were added:
“(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.”
(2) Where an assurance company or syndicate within the meaning of section 3 of the Insurance Act, 1936, carries on mechanically propelled vehicle insurance business within the meaning of that section, the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall apply with respect to that business, subject to the following modifications:
(a) sections 5 and 6 of the said Act shall not apply to the company or syndicate;
(b) the company or syndicate shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and the statement shall be printed, signed and deposited with that Minister in accordance with section 7 of the said Act and that section shall apply accordingly;
(c) paragraphs (d), (e), (f) and (g) of section 32 of the said Act shall apply to the company or syndicate as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.
Regulations in relation to certificates, keeping of records and giving of information.
75.—(1) The Minister may make regulations for all or any of the following purposes:
(a) the issue of certificates of insurance, certificates of guarantee and certificates of exemption;
(b) the issue of copies of, or new certificates in lieu of, any such certificates which are lost or destroyed and the maximum charges that may be made on such issues;
(c) the cancellation and surrender of such certificates;
(d) requiring vehicle insurers to keep records of all approved policies of insurance and approved guarantees issued by them;
(e) requiring vehicle guarantors to keep records of all approved guarantees issued by them;
(f) requiring exempted persons to keep records of all certificates of exemption issued by them;
(g) specifying the matters to be recorded in the records;
(h) enabling the records to be inspected by members of the Garda Síochána and officers of the Minister;
(i) requiring vehicle insurers to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved policies of insurance and approved guarantees issued by such insurers;
(j) requiring vehicle guarantors to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved guarantees issued by such guarantors.
(2) A person who contravenes a regulation under this section which is declared to be a penal regulation shall be guilty of an offence.
Miscellaneous provisions in relation to insured or guaranteed moneys.
76.—(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechanically propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user), or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant may serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon the service of the notice such of the following provisions as are applicable shall, subject to subsection (2) of this section, have effect:
(a) the insurer shall not after service of the notice pay to the owner or user in respect of the sum any greater amount than the amount (if any) which the owner or user has actually paid to the claimant in respect of the sum;
(b) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, the insurer or guarantor shall pay to the claimant so much of the moneys (whether damages or costs) for which judgment was or is so recovered as the insurer or guarantor has insured or guaranteed and is not otherwise paid to the claimant, and the payment shall, as against the insured or principal debtor, be a valid payment under the policy or guarantee;
(c) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole amount of the judgment, the claimant may apply to the court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount;
(d) where the claimant has not so recovered judgment for the sum, the claimant may apply to any court of competent jurisdiction in which he might institute proceedings for the recovery of the sum from the owner or user for leave to institute and prosecute those proceedings against the insurer or guarantor (as the case may be) in lieu of the owner or user, and the court, if satisfied that the owner or user is not in the State, or cannot be found or cannot be served with the process of the court, or that it is for any other reason just and equitable that the application should be granted, may grant the application, and thereupon the claimant shall be entitled to institute and prosecute those proceedings against the insurer or guarantor, and to recover therein from the insurer or guarantor any sum which he would be entitled to recover from the owner or user and the payment of which the insurer or guarantor has insured or guaranteed;
(e) the insurer or guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of the policy or guarantee arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting a misdemeanour under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Act.
(2) Where, in respect of any one act of negligence or any one series of acts of negligence collectively constituting one event, there are two or more claimants and the total of the sums claimed for damages for injury to property or for which judgment has been recovered for damages for such injury exceeds the sum which the insurer or guarantor has insured or guaranteed, the liability, as regards each claimant, of the insurer or guarantor in relation to such damages shall be reduced to the appropriate proportionate part of the sum insured or guaranteed.
(3) Subsections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected.
(4) Where a person (hereinafter referred to as the insured) who has effected an approved policy of insurance, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body is wound up or, if a partnership or other unincorporated association, is dissolved, moneys payable to the insured under the policy shall be applicable only to discharging in full all valid claims by third parties against the insured in respect of which those moneys are payable, and no part of those moneys shall be assets of the insured or applicable to the payment of the debts (other than those claims) of the insured in the bankruptcy or insolvency or in the administration of the estate of the insured or in the winding-up or dissolution, and no such claim shall be provable in the bankruptcy, insolvency, administration, winding-up or dissolution.
(5) A reference in this section to the owner or user of a mechanically propelled vehicle shall, where the context so admits, be construed as including a reference to his personal representative.
Application and repayment of deposit.
77.—(1) In this section “deposit” means a deposit under section 61 of this Act.
(2) Where a person has recovered judgment in any court against the depositor of a deposit for a sum to which this section applies, the High Court may, on the application of that person and if satisfied that the depositor has no goods which can be taken in execution to satisfy the judgment, order the amount of the judgment, together with the costs of the order, the application therefor and the proceedings thereunder, to be paid by the Accountant of the Courts of Justice out of the deposit.
(3) Where the amount of a judgment is paid under this section out of a deposit, the depositor may deposit with the Accountant of the Courts of Justice a sum equal to the sum paid out, and until he does so, he, shall be deemed not to comply with the provisions of this Part of this Act relating to the making of deposits.
(4) Where the depositor of a deposit, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit shall be applied, firstly, in payment of liabilities for sums to which this section applies and, secondly, as general assets.
(5) Where the High Court is satisfied, on the application of the depositor of a deposit or a person claiming through or under him and after notice to the Minister for Industry and Commerce and after such publication of advertisements as the High Court directs, that the deposit should be paid out to the applicant, the High Court may order it to be so paid out either unconditionally or subject to conditions.
(6) Each of the following sums shall, for the purposes of the foregoing subsections of this section, be a sum to which this section applies:
(a) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor, is guarantor under an approved guarantee,
(b) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor or an exempted person, would, if he were not such depositor, have been required by this Act to have effected an approved policy of insurance or an approved guarantee.
Provisions relating to Motor Insurers' Bureau of Ireland.
78.—(1) A person shall not carry on mechanically propelled vehicle insurance business within the meaning of section 3 of the Insurance Act, 1936, unless—
(a) he is a member of the Bureau, or
(b) there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles insured by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.
(2) A person shall not act as a vehicle guarantor unless—
(a) he is a member of the Bureau, or
(b) there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles guaranteed by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.
(3) A person shall not be an exempted person unless there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles owned by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.
(4) The provisions of this section shall have effect notwithstanding any other provision of this or any other Act.
(5) In this section “the Bureau” means the Motor Insurers' Bureau of Ireland.
Exception of pedestrian-controlled vehicles.
79.—Pedestrian-controlled vehicles which are specified for the purposes of this section by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from this Part of this Act.
Special provisions for non-residents.
80.—The Minister may make regulations for the purpose of facilitating compliance with this Part of this Act by persons who ordinarily reside outside the State, and the regulations may modify in respect of those persons all or any of the provisions of this Part of this Act, but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.
Transitional provisions (Part VI).
81.—(1) A deposit under section 61 of the repealed Act existing at the commencement of this subsection shall be deemed to be a deposit under section 61 of this Act.
(2) A certificate under subsection (1) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (1) of section 66 of this Act.
(3) A certificate under subsection (2) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (2) of section 66 of this Act.
(4) A certificate under section 70 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under section 68 of this Act.
PART VII.
Control and Operation of Public Service Vehicles.
Regulations in relation to control and operation of public service vehicles.
82.—(1) The Minister may make regulations in relation to the control and operation of public service vehicles.
(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 licensing of public service vehicles;
(b) the licensing of drivers and conductors of public service vehicles;
(c) the payment of specified fees in respect of licences, badges or plates granted under the regulations and the disposition of such fees;
(d) the conduct and duties of drivers and conductors of public service vehicles and of their employers;
(e) the conduct and duties of passengers and intending passengers in public service vehicles;
(f) the conditions (including the use of taximeters) subject to which vehicles may be operated as public service vehicles;
(g) the keeping of specified records and the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;
(h) the authorising of the fixing of maximum fares for street service vehicles;
(i) matters related to the transition from the repealed Act to the regulations under this section.
(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 certificate purporting to be issued pursuant to regulations under this section that on a specified day a specified fare was the maximum fare fixed for street service vehicles in a specified area shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.
(5) A certificate purporting to be issued pursuant to regulations under this section that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.
(6) A person who contravenes a regulation under this section which is declared to be a penal regulation and, in such cases involving a vehicle as may be prescribed and where such person is not the owner of the vehicle, such owner shall each be guilty of an offence.
(7) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.
(8) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall, until the contrary is shown, be deemed to be carried in the vehicle for reward.
Annual inspection and verification of taximeters.
83.—(1) The definition of “measuring instrument” contained in section 35 of the Weights and Measures Act, 1889, as extended by section 10 of the Weights and Measures Act, 1928, shall be and is hereby extended so as to include a taximeter, and the said section 35 shall have effect accordingly.
(2) The powers and duties of inspectors of weights and measures appointed by the Right Honourable the Lord Mayor, Aldermen,
and Burgesses of Dublin or by the Corporation of Dún Laoghaire shall not extend to or include the inspection, testing, verification or stamping of taximeters.
(3) The Commissioner may from time to time appoint so many members of the Garda Síochána to be inspectors of measuring instruments (in this section referred to as special inspectors) for the purposes of the inspection, verification and stamping of taximeters as he thinks necessary and the Minister for Finance sanctions, and the following provisions shall have effect in relation to special inspectors:
(a) the Commissioner may suspend or dismiss any special inspector from his office as special inspector;
(b) a member of the Garda Síochána shall not be appointed to be a special inspector unless he possesses either a certificate under section 8 of the Weights and Measures Act, 1904, or a special inspector's certificate granted in accordance with regulations made by the Minister for Industry and Commerce under this section;
(c) an ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures;
(d) a special inspector shall, in relation to the inspection, verification and stamping of taximeters, have all the powers and perform all the duties conferred or imposed on an inspector or an ex-officio inspector of weights and measures by the Weights and Measures Acts, 1878 to 1936, but without any restriction as to the area or district in which those powers may be exercised or those duties are to be performed by the special inspector;
(e) references in the Weights and Measures Acts, 1878 to 1936, to an inspector or an ex-officio inspector of weights and measures shall, in relation to the inspection, verification and stamping of taximeters, be construed as including references to a special inspector, and those Acts shall have effect accordingly;
(f) the Commissioner shall provide a special inspector with such standards and equipment as are necessary for the performance by him of his duties as a special inspector;
(g) there shall be paid in respect of the verification and stamping of taximeters by special inspectors such fees as may be appointed by regulations made under this section by the Minister for Industry and Commerce with the consent of the Minister for Finance, and every such fee shall be payable by the person appointed in that behalf by those regulations;
(h) all fees payable under this section in respect of the verification and stamping of taximeters by special inspectors shall be paid to the Commissioner and disposed of by him in accordance with this Act, save that such proportion (if any) of the fees as the Minister for Finance directs shall be paid into the Garda Síochána Reward Fund.
(4) In addition to the powers conferred by section 8 of the Weights and Measures Act, 1889, as extended by section 6 of the Weights and Measures Act, 1904, the Minister for Industry and Commerce shall be entitled to charge on the comparison and verification of the standards and equipment provided by the Commissioner under this section such fees as he may, after consultation with the Minister and with the approval of the Minister for Finance, appoint.
(5) The power of making general regulations vested in the Minister for Industry and Commerce by virtue of section 5 of the Weights and Measures Act, 1904, shall include power to make, after consultation with the Minister, general regulations with respect to the provision and maintenance of standards and equipment by the Commissioner under this section and the verification of such standards and equipment and with respect to the guidance of special inspectors in the execution and performance of their duties under this section, and the said section 5 shall have effect accordingly.
(6) This section shall be construed as one with the Weights and Measures Acts, 1878 to 1936, and those Acts and this section may be cited together as the Weights and Measures Acts, 1878 to 1961.
Bye-laws in relation to stands for street service vehicles.
84.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws in respect of any specified area for all or any of the following purposes:
(a) appointing the places (in this Act referred to as appointed stands) in public roads in the area at which street service vehicles may stand for hire;
(b) fixing the maximum number of street service vehicles which may stand for hire at any one time at any particular appointed stand;
(c) prohibiting street service vehicles from standing for hire at places in public roads in the area which are not appointed stands;
(d) regulating and controlling the use of appointed stands by street service vehicles.
(2) The Commissioner, with the consent of the Minister, may make, in respect of any specified area temporary rules for all or any of the purposes specified in subsection (1) of this section.
(3) The following provisions shall have effect in relation to temporary rules under this section in respect of an area:
(a) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;
(b) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;
(c) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;
(d) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.
(4) Different bye-laws or rules may be made under this section in respect of different circumstances.
(5) A driver of a street service vehicle who contravenes a bye-law or rule under this section and, if such driver is not the owner of the vehicle, such owner shall each be guilty of an offence.
(6) 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 him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised
Stopping places and stands for omnibuses.
85.—(1) The Commissioner may, by notice in writing, direct, in respect of a route upon which omnibuses are operated, that specified points shall be stopping places or that specified places shall be used as stands for the omnibuses.
(2) The Commissioner may, at any time, by notice in writing, revoke or amend a direction given by him under subsection (1) of this section or any amendment made under this subsection of any such direction.
(3) The Commissioner, when directing under this section that any particular point shall be a stopping place, may further direct that the point shall be a stopping place only for taking up passengers or that the point shall be a stopping place only for setting down passengers.
(4) The Commissioner, when directing under this section that any particular point shall be a stopping place, may further direct that the point shall be a designated stopping place for omnibuses bearing a special notice indicating that they will stop only at designated stopping places.
(5) The following provisions shall have effect in relation to a notice under this section:
(a) the notice shall be signed by the Commissioner or by an officer of the Garda Síochána authorised in that behalf by the Commissioner;
(b) the notice shall be addressed to the person who is operating the omnibus service specified in the notice;
(c) the notice may state the date on and after which it is to be effective;
(d) the notice, or a copy thereof, shall be served on the said person by registered post;
(e) the notice shall have effect on and after whichever of the following days is the later, that is to say, the day stated in that behalf in the notice or the day after the day on which service of the notice (or a copy thereof) is effected or is deemed by section 18 of the Interpretation Act, 1937 to have been effected.
(6) A certificate purporting to be signed by an officer of the Garda Síochána and to certify that a notice under this section in specified terms had effect on a specified day or days or during a specified period shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Garda Síochána, be evidence in any legal proceedings until the contrary is shown that a notice under this section in the specified terms has been issued, that the requirements of subsection (5) of this section have been complied with in relation thereto and that it had effect on the specified day or days or during the specified period.
Bye-laws with respect to stopping places and stands for omnibuses.
86.—(1) In this section—
references to stopping places shall be construed as references to stopping places directed by notice under section 85 of this Act;
references to stands shall be construed as references to stands directed by notice under that section;
“provide” includes erect or place, and also maintain, and cognate words shall be construed accordingly.
(2) The Commissioner may, with the consent of the Minister, make bye-laws for all or any of the following purposes:
(a) controlling the stopping of omnibuses on any route on which there are stopping places;
(b) controlling the use by omnibuses of stopping places and stands;
(c) prohibiting, from stopping at or being parked in the vicinity of stopping places and stands, vehicles other than those for which stopping places or stands are directed;
(d) enforcing order at stopping places and stands (including requiring queueing of intending passengers).
(3) Different bye-laws may be made under this section—
(a) in respect of different classes of vehicles,
(b) for different circumstances.
(4) Where a person uses an omnibus in contravention of a bye-law under this section, he and, if he is not the owner of the omnibus, such owner shall each be guilty of an offence.
(5) Where a person uses a mechanically propelled vehicle other than an omnibus in contravention of a bye-law under this section, he and—
(a) if he is not the registered owner of the vehicle, such owner, and
(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person using it is not the hirer under the agreement, such hirer,
shall each be guilty of an offence.
(6) Where a person contravenes a bye-law under this section and the contravention does not constitute an offence under subsection (4) or subsection (5) of this section, he shall be guilty of an offence under this subsection.
(7) Where a person charged with an offence under subsection (4) of this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.
(8) (a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that—
(i) such use was unauthorised, or
(ii) the vehicle was on that occasion the subject of a hire-drive agreement.
(b) Where a person charged with an offence under subsection (5) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.
(9) Where there are stopping places or stands in respect of a route upon which omnibuses are operated—
(a) the person carrying on the service may, with respect to any stopping place or stand, provide thereat a sign to indicate that it is a stopping place or stand and provide markings on the roadway, in the vicinity thereof, indicating the area within which vehicles (other than vehicles for which the stopping place or stand is directed) are not to be stopped or parked;
(b) the said person, on request by the Commissioner with respect to any stopping place or stand, shall provide such sign and markings as aforesaid at that stopping place or stand;
(c) a sign or markings provided under or in pursuance of this subsection shall be of a size, form and colour approved of by the Minister;
(d) a sign or markings provided under or in pursuance of this subsection may be provided on a public road without the consent of the road authority charged with the maintenance of the road;
(e) the said person may provide, or contribute to the provision of, a shelter for intending bus passengers at or near any stopping place or stand, subject, where the shelter is provided on a public road, to the consent of the road authority charged with the maintenance of the road;
(f) a sign provided at a stopping place or stand and indicating such stopping place or markings provided on the roadway in the vicinity of a stopping place or stand and indicating an area in which vehicles are not to be stopped or parked shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so provided lawfully and to be of a size, form and colour approved of by the Minister.
(10) Where a person, without lawful authority, removes, defaces or otherwise injures a sign or shelter provided under this section, he shall be guilty of an offence.
Property left in public service vehicle.
87.—(1) The Commissioner may, in respect of any area and in respect of all public service vehicles or any class of public service vehicles, make bye-laws for all or any of the following purposes:
(a) requiring the owners, drivers and conductors of public service vehicles to deposit in an appointed place within a specified time property left in the vehicles by passengers therein;
(b) providing for the safe custody of such property and the re-delivery of such property to the owners thereof;
(c) providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to property which is a live animal or is of a perishable or offensive character;
(d) authorising the charging of fees for re-deliveries;
(e) providing, with the consent of the Minister for Finance, for the disposition of fees, proceeds of sale and other moneys received by the Commissioner in respect of such property, including the payment out of those moneys of rewards to persons depositing property in pursuance of this section.
(2) Bye-laws shall not be made under this section save where the Commissioner is of opinion that, as respects the area and vehicles to which the bye-laws relate, satisfactory provision has not been made for the safe custody, re-delivery and disposal of property left in the vehicles by passengers.
(3) A person who contravenes a bye-law under this section shall be guilty of an offence.
(4) The Commissioner shall cause to be established and kept registers of lost property deposited under this section.
(5) A register kept in pursuance of this section shall be in such form and in respect of such area as the Commissioner directs, and there shall be entered therein all such matters as he directs.
(6) A register kept in pursuance of this section shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Garda Síochána.
(7) A document purporting to be a copy of an entry in a register kept in pursuance of this section and purporting to be certified by an officer of the Garda Síochána to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.
(8) A register kept in pursuance of this section shall at all reasonable times be open to inspection by any person on payment of a fee of one shilling.
(9) A person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Garda Síochána to be a true copy, of any entry in any register kept in pursuance of this section on payment therefor of a fee of sixpence for every folio or part of a folio of seventy-two words contained in the copy.
PART VIII.
Regulation of Traffic.
Bye-laws for the general control of traffic and pedestrians.
88.—(1) The Commissioner may, with the consent of the Minister, make bye-laws for the general regulation and control of traffic and pedestrians in public places.
(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:
(a) specifying rules for the use of roads by traffic and pedestrians;
(b) requiring traffic to proceed along a specified side of the roadway or, in the case of dual or multiple carriageways, along a specified carriageway;
(c) assigning different parts of the roadway (including cycle tracks) to different traffic;
(d) prohibiting specified traffic from using specified parts of the roadway;
(e) prohibiting traffic from using footways;
(f) specifying rights of priority of passage for traffic proceeding in the same direction or in different directions (whether opposite or crossing);
(g) specifying the courses to be taken by traffic at road junctions;
(h) regulating and controlling the stopping, reversing, turning and overtaking of vehicles;
(i) regulating and controlling the driving of mechanically propelled vehicles and pedal cycles in relation to animals or animal-drawn traffic;
(j) regulating and controlling the driving or leading of animals;
(k) assigning specified parts of the road to pedestrians;
(l) regulating and controlling the conduct of pedestrians on roads (and, in particular, the crossing of roadways by pedestrians) and specifying the respective rights of priority of traffic and pedestrians on roadways;
(m) requiring specified signals to be given by persons in charge of traffic to indicate their intentions;
(n) the control of traffic and pedestrians by members of the Garda Síochána on traffic control duty (and, in particular, specifying the signals to be given by such members and requiring persons in charge of traffic and pedestrians to obey those signals);
(o) the control of traffic and pedestrians by means of signals given mechanically (and, in particular, requiring persons in charge of traffic and pedestrians to obey those signals);
(p) requiring persons in charge of traffic to give audible warning of their approach;
(q) prohibiting or restricting races, trials of speed or other competitions on roads.
(3) Different bye-laws may be made under this section—
(a) in respect of different classes of traffic,
(b) for different circumstances, different areas and different classes of roads.
(4) In this section “traffic” does not include pedestrians.
(5) A person who contravenes a bye-law under this section shall be guilty of an offence.
Bye-laws for the control of traffic and pedestrians in specified area.
89.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make in respect of any specified area bye-laws for the regulation and control of traffic and pedestrians and to facilitate the movement of traffic and pedestrians.
(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:
(a) specifying the courses to be taken by traffic proceeding along, crossing or turning into or out of public roads or any specified public road;
(b) prohibiting or restricting traffic from entering or passing along any specified public road;
(c) requiring traffic proceeding along any specified public road to proceed in a specified direction only;
(d) prohibiting the passage through any specified public road of any article exceeding a specified length or a specified breadth;
(e) regulating and controlling the conduct of pedestrians on public roads generally or any specified public road and, in particular, the crossing of the roadway of public roads or any specified public road by pedestrians;
(f) prohibiting or restricting the loading or unloading of goods on, through, or across the footway of any specified public road;
(g) prohibiting the lifting or lowering of goods by means of ropes, chains, tackles or other machinery across or over the footway of any specified public road;
(h) restricting and controlling the driving or leading of animals on public roads or any specified public road;
(i) restricting and controlling the deposit of goods on public roads or any specified public roads;
(j) restricting and controlling the washing of footways of public roads;
(k) controlling the conduct of persons waiting on public roads for transport or for admission to a building or other place or for any other lawful purpose and, in particular, requiring such persons to arrange themselves in queues and regulating the formation of the queues;
(l) prohibiting or restricting the stopping, reversing, turning or overtaking of vehicles on any specified public road.
(3) The Commissioner, with the consent of the Minister, may make, in respect of any specified area temporary rules for all or any of the purposes for which bye-laws may be made under this section.
(4) The following provisions shall have effect in relation to temporary rules under this section in respect of an area:
(a) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;
(b) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;
(c) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;
(d) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.
(5) Different bye-laws or rules may be made under this section—
(a) in respect of different classes of traffic,
(b) for different circumstances.
(6) In this section “traffic” does not include pedestrians.
(7) A person who contravenes a bye-law or rule under this section shall be guilty of an offence.
(8) Where a person is charged with having committed an offence under this section, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was done bona fide and reasonably for the purpose or in the course of saving or endeavouring to save some person or property from death, destruction or injury by fire, flood or other calamity.
Parking of vehicles on public roads.
90.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make in respect of any specified area bye-laws for the control and regulation of the parking of vehicles on public roads.
(2) Bye-laws under this section may, in particular and without prejudice to the generality of subsection (1) of this section, provide for all or any of the following matters:
(a) specifying the places on public roads (in this Act referred to as parking places) in which vehicles may be parked either indefinitely or for any period not exceeding a specified period;
(b) specifying the parking places in which parking is to be subject to the payment of fees by means of parking meters (in this section referred to as meter parking places);
(c) specifying the parking places in which parking is to be subject to the exhibition of a document (in this section referred to as a disc) complying with specified requirements (in this section referred to as disc parking places);
(d) specifying the parking places in which parking is to be subject to the payment of fees to licensed parking attendants (in this section referred to as attended parking places);
(e) specifying the conditions (other than any condition referred to in paragraphs (b), (c) and (d) of this subsection) subject to which vehicles may be parked in parking places or any specified parking place or class of parking places;
(f) specifying the periods during which, and the purposes for which and the conditions subject to which vehicles may be parked, otherwise than in parking places, on public roads or any specified public road or class of public roads;
(g) prohibiting the parking, including parking in parking places, of vehicles on public roads except in accordance with the bye-laws;
(h) prohibiting wholly the parking, otherwise than in parking places, of vehicles on any specified public road;
(i) prohibiting any person from acting, or holding himself out as ready to act, as a parking attendant on a public road (except at a parking place), and prohibiting any person other than a licensed parking attendant from acting or holding himself out as ready to act as a parking attendant at a parking place.
(3) The following provisions shall apply in relation to a meter parking place:
(a) the appropriate local authority shall provide the parking meters and collect the fees;
(b) subject to any provisions made under this section by the Commissioner by bye-laws or rules, the appropriate local authority may by rules (made with the approval of the Minister) make such provisions as they consider necessary for the administration of the meter parking place, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:
(i) provisions specifying the fees to be paid;
(ii) provisions specifying the maximum periods in respect of which vehicles may be parked in respect of specified fees;
(iii) provisions as to payment of fees, including manner of payment;
(iv) provisions prohibiting the parking of a vehicle for a period for which a fee is chargeable without the appropriate fee having been paid in the manner specified;
(v) provisions prohibiting the parking of a vehicle for a greater period than that in respect of which a fee was paid;
(vi) provisions specifying the vehicles which may use the parking place;
(vii) provisions exempting specified classes of vehicles from payment of the fees and provisions for effecting identification of exempted vehicles;
(viii) provisions applying when parking meters are out of order or temporarily suspended from operation;
(ix) provisions that indications given by parking meters shall be treated as evidence of such facts and for such purposes as may be specified in the rules.
(4) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary for the operation of disc parking places, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:
(a) provisions requiring specified fees to be paid for discs;
(b) provisions specifying the manner in which fees are to be paid;
(c) provisions specifying the persons by whom and the manner in which discs are to be issued;
(d) provisions specifying the duties in relation to discs of persons parking vehicles;
(e) provisions specifying the manner in which discs are to be exhibited.
(5) The Commissioner may by bye-laws under subsection (1) of this section specify the fees to be charged by licensed parking attendants in respect of attended parking places and make such provisions regarding payment of the fees (including manner of payment) as he considers necessary.
(6) The Commissioner may by bye-laws under subsection (1) of this section make such provisions as he considers necessary with regard to the licensing of parking attendants, including (in particular and without prejudice to the generality of the foregoing) all or any of the following provisions:
(a) provisions for the licensing by the Commissioner of persons to act as parking attendants at parking places;
(b) provisions for the issuing of official badges by the Commissioner to licensed parking attendants and the wearing of the badges by the attendants;
(c) provisions specifying the duties of licensed parking attendants;
(d) provisions specifying the fees to be paid by licensed parking attendants for licences granted and for badges issued to them under the bye-laws;
(e) provisions prohibiting persons from interfering with, obstructing or molesting a licensed parking attendant in the performance of his duties as such attendant.
(7) (a) The Commissioner, with the consent of the Minister, may make, in respect of any specified area, temporary rules for all or any of the purposes for which bye-laws may be made under this section.
(b) The following provisions shall have effect in relation to temporary rules under this subsection in respect of an area:
(i) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;
(ii) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;
(iii) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;
(iv) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.
(8) Different bye-laws or rules may be made under this section—
(a) in respect of different classes of vehicles,
(b) for different circumstances.
(9) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is involved—
(a) the person parking the vehicle, and
(b) if the person parking it is not its registered owner, such owner, and
(c) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person parking it is not the hirer under the agreement, such hirer,
shall each be guilty of an offence.
(10) (a) Where a person charged with an offence under subsection (9) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that—
(i) such use was unauthorised, or
(ii) the vehicle was on that occasion the subject of a hire-drive agreement.
(b) Where a person charged with an offence under subsection (9) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.
(11) Where there is a contravention of a bye-law or rule under this section and a mechanically propelled vehicle is not involved, the person contravening the bye-law or rule shall be guilty of an offence.
(12) In any prosecution for an offence under this section, a parking meter at a meter parking place shall be presumed, until the contrary is shown by the defendant, to have been duly placed there under this section and to have been accurate and in good working order.
(13) The performance by the Commissioner or a local authority of his or their functions under this section or under any bye-law or rule thereunder shall not render the Commissioner or the local authority subject to any liability in respect of loss of or damage to any vehicle in a parking place or the contents of such vehicle.
(14) A licensed parking attendant shall be deemed for the purposes of this Act not to be the person in charge of the vehicles in the parking place at which he is the parking attendant.
(15) (a) In this section—
“licensed parking attendant” means a person duly licensed under bye-laws under this section to act as a parking attendant at a parking place;
“parking meter”means an apparatus for collecting fees at a parking place and for indicating payment of such fees and the periods that have elapsed since they were paid.
(b) Where a parking place is in the functional area of the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town, such council, corporation or commissioners shall be the appropriate local authority for the purposes of subsection (3) of this section.
(c) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of the foregoing paragraph, be deemed not to include the borough, urban district or town.
(16) Rules under subsection (3) of this section shall, for the purposes of the Statutory Instruments Act, 1947, be deemed to be an instrument to which that Act primarily applies.
(17) The Minister may by regulations provide for the disposition of any fees under this section and fees to which any such regulations relate shall be disposed of in accordance with these regulations.
Control of traffic when there is event attracting large assembly, etc.
91.—(1) For the purpose of preserving order in relation to traffic when there is an event attracting a large assembly of persons or when there is traffic congestion or a fire, flood or similar occurrence, a member of the Garda Síochána in uniform may do all or any of the following things: divert, regulate and control traffic and regulate and control the parking of vehicles.
(2) The powers conferred by subsection (1) of this section shall, in particular, include power to do all or any of the following things by oral or manual direction:
(a) prohibit the passage of traffic;
(b) indicate the direction in which traffic is to proceed;
(c) prohibit the parking of vehicles;
(d) indicate places for the parking of vehicles or as standsfor public service vehicles and regulate their use;
(e) make any other prohibitions or indications which he considers necessary for preventing obstruction or disorder in traffic.
(3) A person who contravenes a direction given by a member of the Garda Síochána under this section shall be guilty of an offence.
(4) Notwithstanding any other provision of this Act, a person may, for the purposes of this section, act temporarily as a parking attendant subject to his having been authorised so to do by an officer of the Garda Síochána.
Prevention of obstruction of traffic by fairs and markets.
92.—(1) Where any fair or market is held in any public place within the functional area of the corporation of a county or other borough, the council of a county or an urban district or the commissioners of a town, the corporation, council or commissioners may make such bye-laws as they consider necessary for securing the free passage of vehicular traffic through public roads on the occasion of fairs or markets.
(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section in like manner as they apply to bye-laws under that Act, subject to the modification that references therein to a sanitary authority shall be construed as references to the corporation of a county or other borough, the council of a county or an urban district, or the commissioners of a town, as the case may require.
(3) A person who contravenes a bye-law under this section shall be guilty of an offence.
(4) Where a county includes any borough, urban district or town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.
Protection of bridges from excessive burdens.
93.—(1) (a) A road authority, railway or canal company or other person liable to maintain a bridge carrying a public road may, by notices in the prescribed form placed in the prescribed manner on the approaches to the bridge, prohibit any vehicle, which with the load (if any) thereon exceeds the weight specified in the notices, from passing over the bridge either (as may be specified in the notices) at all, at a speed exceeding a specified speed or subject to specified conditions.
(b) A notice placed on the approaches to a bridge which purports to be a notice under this subsection shall, in any legal proceedings, be presumed, until the contrary is shown, to be a notice placed pursuant to this subsection and to be in the prescribed form and placed in the prescribed manner.
(2) Notices shall not be placed under subsection (1) of this section in respect of a bridge unless some restriction on the use of the bridge is reasonably necessary to ensure that the traffic over the bridge will not impose on the bridge a greater burden than it is capable of bearing, and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.
(3) A person, who claims that notices purporting to have been placed under subsection (1) of this section have been so placed in contravention of subsection (2) of this section, may appeal in the prescribed manner to the Minister and, on the hearing of the appeal, the Minister shall give such directions (whether for the maintenance, removal or alteration of the notices) as he thinks proper.
(4) Where the Minister, in consequence of an appeal to him under this section, gives directions for the removal or alteration of the notices to which the appeal relates, the person by whom the notices were placed shall, within three days after the communication of the directions to him, remove or alter the notices in accordance with the directions.
(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.
(6) A person shall not drive a vehicle over a bridge in contravention of a notice placed under subsection (1) of this section in relation to the bridge (notwithstanding that the notice may have been placed in contravention of subsection (2) of this section).
(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.
(8) Where a vehicle is driven over a bridge in such circumstances as to constitute an offence under subsection (6) of this section, the owner of the vehicle shall be liable in damages to the authority, company or other person liable to maintain the bridge for any injury caused to the bridge by the driving of the vehicle over the bridge, and the damages shall be recoverable by such person from the owner of the vehicle by civil action in any court of competent jurisdiction.
(9) Where notices are placed under this section in respect of a bridge, it shall be lawful, with the consent of the Commissioner, for the authority, company or other person liable to maintain the bridge, and it shall be the duty of such authority, company or other person if required by the Commissioner, to erect and maintain a sign, either in advance of or at the bridge, to give indication to traffic of the prohibition provided for by the notices, being a sign conforming with the prescribed provisions as to size, shape, colour and character.
Closing of particular roads to vehicles.
94.—(1) The Minister may, after holding a public inquiry, by order prohibit, subject to such exceptions or conditions as may be specified in the order, the driving of vehicles or any class of vehicles on any specified public road in respect of which it appears to him, in consequence of the inquiry, to be proved that the driving of vehicles or the class of vehicles on the road would endanger the traffic thereon or that the road is for any other reason unsuitable for use by vehicles or such class of vehicles.
(2) Where an order is made under subsection (1) of this section—
(a) it shall be the duty of the road authority charged with the maintenance of the road to which the order relates to erect and maintain, at such places as are specified in the order, notices in a form approved of by the Minister stating the effect of the order, and
(b) it shall be lawful for such road authority, with the consent of the Commissioner, and shall be their duty if required by the Commissioner, to erect and maintain a sign, either in advance of or at the road, to give indication to traffic of the prohibition provided for by the order, being a sign conforming with the prescribed provisions as to size, shape, colour and character.
(3) Where an order has been made under subsection (1) of this section, the Minister may at any time, after giving notice to the road authority charged with the maintenance of the road to which the order relates and considering any representations made to him by such road authority, by order revoke or amend the first-mentioned order and thereupon it shall be the duty of such road authority to remove or alter the notices erected and maintained by them under subsection (2) of this section in relation to the first-mentioned order.
(4) The making of representations pursuant to subsection (3) 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 or the council of an urban district, 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.
(5) A person shall not drive a vehicle on a road in contravention of an order under subsection (1) of this section.
(6) Where a person contravenes subsection (5) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence.
(7) 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 him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.
Traffic signs.
95.—(1) In this section—
“road regulation” means an order, regulation, bye-law or rule under an enactment (other than section 86, 93, 94 or 96 of this Act) relating to traffic on a road;
“traffic sign” means any sign, device, notice or roadway marking, or any instrument for giving signals by mechanical means, which does one or more of the following:
(a) gives information in regard to a public road, including the places to which it leads and the distances to or from such places,
(b) warns persons of danger in relation to a public road, or advises the precautions to be taken against such danger, or both,
(c) indicates the existence of a road regulation in relation to a public road, or implements such a regulation, or both;
“provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate and cognate words shall be construed accordingly.
(2) (a) The Minister, if he so thinks fit, may make regulations with respect to specified traffic signs, and where a traffic sign of the same kind as a traffic sign specified in any such regulations is provided by a road authority, it shall be in accordance with the regulations unless otherwise authorised by the Minister.
(b) Regulations under this subsection may specify the significance to be attached to a traffic sign specified in the regulations, but this provision shall not be construed as requiring the regulations to provide that the traffic sign is to comprise any word, words or symbol indicating precisely the significance of the traffic sign.
(3) A road authority shall provide on any public road in their charge such traffic signs as may be requested by the Commissioner in the positions indicated by him and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he may request.
(4) A request by the Commissioner under subsection (3) of this section may be for the provision either of traffic signs for all times or occasions or of traffic signs for a limited period or a particular occasion or particular occasions.
(5) A road authority may, with the consent of the Commissioner, provide for any public road in their charge such traffic signs as they consider desirable.
(6) Where the provision by a road authority of a traffic sign on land adjacent to but not forming part of a public road is reasonably necessary, the road authority may, after at least twenty-one days' notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by such road authority by reasonable enquiries, enter and provide the traffic sign on the land.
(7) Where a traffic sign is provided under subsection (6) of this section on any land by a road authority, any person interested in the land may at any time, on giving notice of his intention so to do to the road authority, apply to the Minister to direct the removal of the traffic sign.
(8) Where an application is made under subsection (7) of this section, in relation to a traffic sign provided on any land, the Minister, after consideration of the application, shall either—
(a) refuse the application,
(b) if he is satisfied that the provision of the traffic sign is not reasonably necessary, direct the removal of the traffic sign from the land, or
(c) if he is satisfied that the provision of the traffic sign in its existing position causes unnecessary or unreasonable hardship, direct the removal of the traffic sign to another position on the land.
(9) Where the Minister gives a direction under subsection (8) of this section in relation to a traffic sign, the road authority who provided the traffic sign shall comply with the direction.
(10) A person other than a road authority shall not provide a traffic sign visible from a public road without the consent of the Commissioner.
(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) of this section shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority without the consent of the Commissioner.
(12) Where a person wilfully obstructs or interferes with the exercise by a road authority of the powers conferred by subsection (6) of this section, or without lawful authority, removes, defaces or otherwise injures a traffic sign provided under this section, he shall be guilty of an offence.
(13) Expenses incurred by a road authority in providing traffic signs for a public road shall be part of the expenses of maintaining the road.
(14) A person shall not provide any such sign, device, notice or light as is not a traffic sign if, on provision thereof, it is visible from a public road and—
(a) it is capable of being confused with a traffic sign,
(b) it makes a traffic sign provided in accordance with this section less visible to road users, or
(c) it obstructs the view of public road users so as to render the road dangerous to them.
(15) The occupier or (in the case of unoccupied land) the owner of land on which a sign, device, notice or light is provided in contravention of subsection (14) of this section shall be guilty of an offence.
(16) Where a traffic sign, not being a traffic sign to which regulations under subsection (2) of this section relate, is provided under this section by a road authority, it shall be in conformity with any general or particular directions that may be given from time to time by the Minister.
(17) A traffic sign standing provided under any subsection of section 69 of the Local Government Act, 1946, at the commencement of this section shall be deemed to be provided under the corresponding subsection of this section.
(18) A traffic sign on or near a public road shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so placed lawfully and to be in accordance with any regulation, or in conformity with any direction, under this section relating to it.
(19) A request by or consent of the Commissioner under this section may be signed by an officer of the Garda Síochána authorised in that behalf by the Commissioner.
(20) Where a person is charged with an offence under subsection (11) or subsection (15) of this section, it shall be a good defence to the charge for him to show—
(a) that the traffic sign, sign, device, notice or light to which the charge relates was provided neither by him nor with his consent, and
(b) that as soon as was practicable after its provision came to his notice, he had it removed.
Patrol of places where school-children cross public roads.
96.—(1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may, with the consent of the Commissioner of the Garda Síochána, make arrangements for the patrolling, by persons (in this section referred to as traffic wardens) employed or nominated by them, of places where school-children cross public roads.
(2) A traffic warden may exhibit such sign as may be prescribed requiring traffic to stop and remain stopped so as to enable school-children to cross the road in safety, and traffic shall stop and remain stopped accordingly so long as the sign is exhibited.
(3) A person who fails to stop a vehicle or animal or keep it stopped in accordance with subsection (2) of this section shall be guilty of an offence.
(4) The power conferred on a traffic warden by subsection (2) of this section shall be exercisable only if the warden is wearing such uniform as may be prescribed.
(5) Where a county includes any borough, urban district or
town, the functional area of the council of the county shall, for the purposes of this section, be deemed not to include the borough, urban district or town.
(6) A person acting as a traffic warden shall, in any legal proceedings, be presumed, until the contrary is shown, to have been so acting in accordance with arrangements duly made under this section and with the regulations for the purposes of this section.
(7) In this section—
“traffic” does not include pedestrians;
“uniform” includes any garment, armlet or cap.
Vehicle left or abandoned on public road.
97.—(1) Where a vehicle is left on a public road in such a position as to cause or to be likely to cause danger or obstruction to traffic or is abandoned on a public road, a member of the Garda Síochána may himself remove the vehicle or cause any other person to remove it and may arrange for the storage of the vehicle.
(2) Where a vehicle is removed pursuant to this section, such charge in respect of the removal as may be specified by the Minister for Justice by regulations shall be paid to the Commissioner by the owner of the vehicle.
(3) Where a vehicle is stored pursuant to this section, such charge in respect of the storage as may be appropriate in accordance with a scale specified by the Minister for Justice by regulations shall be paid to the Commissioner by the owner of the vehicle.
(4) A charge under this section may, in default of being paid, be recovered as a simple contract debt in any court of competent jurisdiction.
(5) When making regulations under this section, the Minister for Justice shall take account of the reasonable cost of removing and storing vehicles.
Prohibition of obstruction of traffic.
98.—(1) A person shall not do any act (whether of commission or omission) which causes or is likely to cause traffic through any public place to be obstructed.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that it was due to unavoidable accident.
Prohibition of unauthorised holding or getting on to vehicles.
99.—(1) A person shall not hold on to, or get on or in to, a moving vehicle in a public place.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that there was lawful authority for the act complained of or that otherwise there was reasonable cause therefor.
Cyclists holding on to other vehicles.
100.—(1) A person on a bicycle or a tricycle in a public place shall not hold on to any other vehicle (other than a pedal bicycle which no person is driving) which is in motion or hold on to any person or thing on, in or attached to any such vehicle.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
Provision of car parks by local authorities.
101.—(1) In this section—
“local authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;
“car park” means a place (not being part of a public road) for the parking of mechanically propelled vehicles.
(2) A local authority may provide such one or more car parks (and access thereto) as they consider desirable in order to relieve or prevent traffic congestion.
(3) A local authority may, with the consent of the Minister, assist any person providing a car park, and the assistance may consist either of a contribution of money or the execution of works or the grant or lease of land.
(4) For the purposes of subsection (2) or subsection (3) of this section, a local authority may, with the consent of the Minister, purchase or take on lease any land or any easement in, to or over the land or use any land which they have acquired for another purpose.
(5) Sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925, shall apply to the acquisition of land by a local authority under this section, but with the modification that the advertisements mentioned in subsection (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in that subsection shall be served in the next succeeding month.
(6) Subsection (2) of this section shall be construed as conferring on a local authority—
(a) power, subject to the consent of the Minister, to erect a building used wholly or mainly for parking mechanically propelled vehicles,
(b) power, subject to the consent of the Minister, to erect waiting rooms, cloak rooms and similar facilities for any car park provided by them,
(c) power to adapt land for use as a car park.
(7) A local authority may make bye-laws as to the use of any car park provided by them under this section, and, in particular, in relation to all or any of the following matters:
(a) restricting the classes of vehicles which may be admitted to the car park;
(b) specifying the charges to be made for the use of the car park;
(c) specifying the periods for which vehicles may remain in the car park.
(8) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to bye-laws under this section in like manner as they apply to bye-laws under that Act.
(9) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may terminate the use of the land for a car park.
(10) A local authority who have provided under this section a car park may, with the consent of the Minister, sell or lease the car park or any part thereof to any person subject to such conditions as they think proper.
(11) The Minister may, with the consent of the Minister for Finance, make grants from the Road Fund towards the expenses incurred under this section by a local authority.
PART IX.
Miscellaneous.
General penalty.
102.—Where a person is guilty of an offence under any section or subsection of a section of this Act and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction—
(a) in the case of a first offence under that section or subsection—to a fine not exceeding twenty pounds,
(b) in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph—to a fine not exceeding fifty pounds, and
(c) in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months—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.
Special provision applying where certain offences are alleged to have been committed.
103.—(1) This section applies to such offences under this Act as may be declared by the Minister by regulations to be offences to which this section applies.
(2) Where a member of the Garda Síochána finds a person and has reasonable grounds for believing that such person is committing or has committed an offence to which this section applies, the member may deliver to such person a notice in the prescribed form stating—
(a) that such person is alleged to have committed that offence,
(b) that such person may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,
(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.
(3) Where a member of the Garda Síochána finds a mechanically propelled vehicle and has reasonable grounds for believing that an offence to which this section applies involving the use of the vehicle is being or has been committed, the member may affix to the vehicle a notice in the prescribed form stating—
(a) that that offence is alleged to have been committed,
(b) that a person liable to be prosecuted for the offence may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,
(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.
(4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section—
(a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána at the Garda Síochána station specified in the notice the payment specified in the notice accompanied by the notice,
(b) the member may receive the payment, issue a receipt therefor, retain it for disposal in accordance with this Act and no payment so received shall in any circumstances be recoverable by the person who made it,
(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice or, if the payment specified in the notice is made during that period, at all.
(5) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.
(6) A notice affixed to a vehicle under subsection (3) of this section shall not be removed or interfered with except by a person to whom the notice applies.
(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.
Notice of offence.
104.—Where a person is charged with an offence under section 47, 52 or 53 of this Act, he shall not be convicted of the offence unless either—
(a) he was warned at the time at which the offence is alleged to have been committed, or within twenty-four hours thereafter, that the question of prosecuting him for an offence under some one of those sections would be considered, or
(b) within fourteen days after the commission of the offence, a summons for the offence was served on him, or
(c) within those fourteen days a notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute the offence and stating the inten- tion to prosecute him therefor was served personally or by registered post on him or (in the case of a mechanically propelled vehicle) on the registered owner of the vehicle in relation to which the offence is alleged to have been committed:
Provided that—
(i) failure to comply with this requirement shall not be a bar to conviction in a case in which the court is satisfied that—
(I) the accused by his own conduct contributed to the failure, or
(II) in case the offence alleged to have been committed is in relation to a mechanically propelled vehicle, neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served as aforesaid, or
(III) in case the offence alleged to have been committed is not in relation to a mechanically propelled vehicle, the name and address of the accused could not with reasonable diligence have been ascertained in time for a summons to be served or a notice to be sent as aforesaid, and
(ii) it shall be presumed, until the contrary is shown by the defendant, that the requirement of this section has been complied with.
Evidence of speed.
105.—Where the proof of the commission of an offence under this Act involves the proof of the speed at which a person (whether the accused or another person) was driving—
(a) the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed,
(b) the onus of establishing that speed prima facie may be discharged by tendering evidence of indications from which that speed can be inferred which were given by a watch or electronic or other apparatus, and it shall not be necessary to prove that the watch or electronic or other apparatus was accurate or in good working order.
Duties on occurrence of accident.
106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:
(a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;
(b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;
(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information;
(d) if a member of the Garda Síochána is not present at the occurrence and either—
(i) there is no person entitled under this section to demand the information, or
(ii) the case is one in which, as respects the sole person entitled under this section to demand the appropriate information or each of the persons so entitled, it is reasonably clear that he could not be expected to make a demand because of injury, illness, age or other disability,
the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall report the occurrence as soon as possible to a member of the Garda Síochána and, if necessary, shall go for that purpose to the nearest convenient Garda Síochána station and also shall give on demand the appropriate information to the member.
(2) Where—
(a) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and
(b) the member is not aware of the place where the vehicle is being kept,
the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement.
(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction—
(a) in a case in which injury is caused to person, 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, and
(b) in any other case, 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 this section “appropriate information” means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920, or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act.
(5) The persons entitled under this section to demand the appropriate information are—
(a) in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise,
(b) in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property,
(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.
(6) (a) Where—
(i) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and
(ii) the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises,
the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection.
(b) On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant—
(i) authorise any specified member or members of the Garda Síochána to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and
(ii) authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search,
and any such warrant shall operate in accordance with its terms.
Duty to give information on demand by member of Garda Síochána.
107.—(1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his name and address and may, if such person 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, arrest such person without warrant.
(2) Where a member of the Garda Síochána has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act, 1920, or any other enactment, the member may arrest without warrant the person whom he has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.
(3) Where a person, when his name and address is demanded of him under this section, refuses or fails to give his name and address or gives a name or address which is false or misleading, such person shall be guilty of an offence.
(4) Where a member of the Garda Síochána has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle—
(a) the owner of the vehicle shall, if required by the member state whether he was or was not actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence,
(b) if the owner of the vehicle states that he was not actually using it at the material time, he shall give such information as he may be required by the member to give as to the identity of the person who was actually using it at that time and, if he fails to do so, shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who that person was,
(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence.
(5) A person who is guilty of an offence under this section 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.
Right to demand name and address of pedal cyclist.
108.—A member of the Garda Síochána may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address of such person, and if such a person 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, the member may take the cycle, by force if necessary, and retain it until such time as he is satisfied as to the identity of such person.
Obligation to stop.
109.—(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
Disposition of vehicle on arrest of person in charge.
110.—Where a member of the Garda Síochána arrests under this Act without warrant a person in charge of a mechanically propelled vehicle, the member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of the vehicle.
Identification of member of Garda Síochána.
111.—Where, in exercise of any power or the performance of any duty conferred or imposed by or under this Act, any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—
(a) is in uniform, or
(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.
Taking vehicle without authority.
112.—(1) A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.
(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 fifty 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.
(3) A person shall not use or take possession of a pedal cycle without the consent of the owner thereof or other lawful authority.
(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.
(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.
(6) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.
(7) Where, when a person is tried on indictment or summarily for the larceny of a vehicle, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of the larceny of the vehicle but was guilty of an offence under this section in relation to the vehicle, the jury or court may find him guilty of that offence and he may be sentenced accordingly.
Unauthorised interference with mechanism of vehicle.
113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.
(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.
(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.
Limitations on periods of continuous driving.
114.—(1) Each of the following periods or series of periods of driving shall be an excessive period for the purposes of this section:
(a) any continuous period of driving exceeding five and one-half hours;
(b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;
(c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.
(2) For the purposes of subsection (1) of this section—
(a) Where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, the period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if the driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;
(b) any two consecutive periods of driving shall be regarded as one continuous period unless they are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;
(c) any time spent by the driver of a vehicle at work (other than driving) in relation to the vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on the vehicle while on a journey, shall be reckoned as time spent in driving;
(d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with the vehicle while it is not on a public road shall not be reckoned as time spent in driving.
(3) A person shall not drive, or cause or permit any person employed by him or subject to his orders to drive, for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is intended or adapted solely for the drawing of another vehicle or is fitted with a body intended or adapted solely for the carriage of goods or two or more such vehicles successively.
(4) (a) The Minister for Industry and Commerce may make regulations for enabling this section to have effect.
(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, make provision in relation to all or any of the following matters:
(i) the keeping of records in respect of persons engaged in driving vehicles to which this section applies;
(ii) the form of the records;
(iii) the persons by whom the records are to be kept;
(iv) the production of the records to members of the Garda Síochána and specified officers of the Minister for Industry and Commerce;
(v) the exhibition of specified notices in vehicles in relation to which this section applies.
(5) Where a person contravenes subsection (3) of this section or a regulation under subsection (4) of this section which is stated to be a penal regulation, he shall be guilty of an offence.
(6) Where a person is charged with an offence under this section consisting of driving, or causing or permitting driving, for an excessive period, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was due to delay in the completion of a journey and that the delay was unavoidable and was caused by circumstances which he could not reasonably have foreseen.
(7) (a) The Minister for Industry and Commerce may by regulations vary or suspend in any manner any excessive period.
(b) Regulations under this subsection shall not be made save—
(i) where the Minister for Industry and Commerce is satisfied that bodies representative of the employers and employees concerned are in favour of the change to be effected by the regulations, and
(ii) after consultation by that Minister with the Minister.
(c) Different regulations may be made under this subsection—
(i) in respect of different classes of vehicles,
(ii) for different circumstances.
(8) Notwithstanding anything to the contrary contained in any other section of this Act, this section shall not apply to or in respect of vehicles owned by the State and used for military or police purposes or to or in respect of persons in the public service of the State driving vehicles so owned and used.
Penalty for false declaration, etc.
115.—(1) Where a person is required by this Act or regulations thereunder to furnish particulars in connection with an application for the grant or issue of a licence or certificate or otherwise in connection with a licence, certificate or vehicle, he shall not furnish pursuant to the requirement any particulars which to his knowledge are false or in any material respect misleading.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where, in a prosecution for an offence under subsection (2) of this section with respect to particulars in connection with an application for the grant or issue of a licence or certificate, such grant or issue and an application therefor are proved, it shall be presumed, until the contrary is shown by the defendant, that the person to whom the licence or certificate was granted or issued made the application.
(4) A person shall not forge or fraudulently alter or use, or fraudulently lend to, or allow to be used by, any other person, any licence, plate, badge or certificate issued under this Act or under regulations thereunder.
(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.
(6) A person who is guilty of an offence under this section 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 six months or to both such fine and such imprisonment.
(7) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under subsection (2) of this section may be instituted within twelve months from the date of the offence.
Liability of Minister for Finance for negligent use of mechanically propelled vehicle.
116.—(1) Where injury to person or property—
(a) is caused by the negligent use of a mechanically propelled vehicle belonging to the State, or
(b) is caused by the negligent use of a mechanically propelled vehicle not belonging to the State in a case in which—
(i) the vehicle is being used when under seizure by a person in the service of the State in the course of his duty, or
(ii) the vehicle is being used, by a member of the Garda Síochána or an officer of any Minister, for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder,
subsection (2) or subsection (3) (whichever is appropriate) of this section shall apply.
(2) Where the injury is an injury to person causing death, the Minister for Finance shall be liable to an action for damages under the Fatal Injuries Act, 1956, for the benefit of the dependants, within the meaning of that Act, of the deceased.
(3) Where the injury is not an injury to person causing death, the Minister for Finance shall be civilly liable for damages in respect of the injury.
(4) Notwithstanding anything contained in any other enactment, proceedings may be brought against the Minister for Finance by virtue of this section without obtaining the fiat of the Attorney General.
(5) In proceedings brought against the Minister for Finance by virtue of this section, the defence of common employment shall not be open to that Minister, but, with that exception, every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if that Minister were in fact the master of the said person.
(6) Nothing in this section shall operate to relieve any person from liability in respect of injury to person or property caused by his own negligence.
Extension of personal liability for negligent use of mechanically propelled vehicle.
117.—(1) The liability of any person for injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not be limited to himself or be terminated by his death but shall continue after his death and be a liability of his real and personal estate in like manner and with the like priority as a debt or other liability under a simple contract and proceedings may be instituted against his personal representative in respect thereof.
(2) Proceedings instituted against any person for damages in respect of injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not abate on his death but may be continued against his personal representative.
Liability in respect of person using mechanically propelled vehicle with consent of owner.
118.—Where a person (in this section referred to as the user) uses a mechanically propelled vehicle with the consent of the owner of the vehicle, the user shall, for the purposes of determining the liability or non-liability of the owner for injury caused by the negligent use of the vehicle by the user, and for the purposes of determining the liability or non-liability of any other person for injury to the vehicle or persons or property therein caused by negligence occurring while the vehicle is being used by the user, be deemed to use the vehicle as the servant of the owner, but only in so far as the user acts in accordance with the terms of such consent.
Reimbursement of hospitals.
119.—(1) Where—
(a) injury to a person (in this section referred to as the injured person) has been caused by the negligent use in a public place of a mechanically propelled vehicle,
(b) the injury was sustained in such circumstances that the injured person is entitled, or (if he has died) was during his lifetime entitled, to recover damages in respect of the injury from some other person,
(c) the injured person received treatment in a hospital (other than a health institution within the meaning of the Health Act, 1947) in relation to the injury,
the governing body of the hospital shall be paid by such other person the amount (subject to the prescribed limits) of the cost of the treatment and of any detention in the hospital of the injured person, less any sums paid to them by or on behalf of the injured person in respect of such treatment or detention.
(2) Any sum falling to be paid pursuant to this section shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.
(3) Where a governing body receive or recover any sum falling to be paid under this section, they shall not be entitled to receive or recover from the injured person in relation to his injury any moneys other than any sums which may have been paid by or on behalf of the injured person and taken into account in determining the amount of such first-mentioned sum.
(4) The liability of a person to pay under this section shall, for the purposes of Part VI of this Act and of any approved policy of insurance or an approved guarantee, be deemed to be a liability to pay damages in respect of injury to a person caused by the negligent use of the mechanically propelled vehicle concerned.
(5) In this section “governing body” means, in relation to a hospital, the person or persons, whether incorporated or unincorporated, entitled to sue and liable to be sued in respect of the hospital as proprietor or manager thereof or otherwise.
Promotion of road safety.
120.—(1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may incur expenditure for the purpose of promoting safety on roads, and the expenditure may include payments for that purpose to any other authority or person.
(2) The Minister may, with the consent of the Minister for Finance, make grants from the Road Fund—
(a) towards the expenses of an association or body where the advancement of road safety is among the primary objects of the association or body, and
(b) towards the expenses under subsection (1) of this section of any council, corporation or commissioners.
Calculation of passenger accommodation of mechanically propelled vehicles.
121.—The Minister may by regulations prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any class of such vehicles, and may in such regulations distinguish between seating passenger accommodation and standing passenger accommodation.
Keeping and use of petroleum.
122.—(1) The keeping and using of petroleum or of any other inflammable liquid or fuel for the purposes of mechanically propelled vehicles owned by the person keeping the liquid or fuel shall be subject to regulations made by the Minister, and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.
(2) A person who contravenes a regulation under this section shall be guilty of an offence.
Extended power of making regulations in relation to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.
123.—The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—
(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952, in respect of a mechanically propelled vehicle—
(i) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which Part VI of this Act applies,
(ii) where it is such a vehicle, to produce evidence or specified evidence showing either that he is an exempted person or that, when the licence comes into operation, there will be in force an approved policy of insurance or an approved guarantee covering the use of the vehicle by him or by other persons with his consent,
(b) power to make regulations requiring a person applying for a licence under the said section 1 in respect of a mechanically propelled vehicle—
(i) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which section 18 of this Act applies,
(ii) where it is such a vehicle, to produce a test certificate which will be in force in respect of the vehicle when the licence comes into operation.
Restriction on section 23 of Criminal Justice Act, 1951.
124.—A disqualification under this Act for holding a driving licence shall not be capable of being remitted under section 23 of the Criminal Justice Act, 1951.
Saving for indictment for nuisance.
125.—Nothing in this Act shall authorise any person to use in a public place a vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in this Act, be liable to an indictment or action, as the case may be, for such use when, but for the passing of the repealed Act and this Act, such indictment or action could be maintained.
Saving for general power of Commissioner.
126.—Nothing in this Act shall prejudice or derogate from the general power and duty of the Commissioner and other members of the Garda Síochána to preserve order in public places and to regulate and control traffic therein.
Modification of Motor Car (International Circulation) Act, 1909.
127.—So much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references therein to the Motor Car Act, 1903, there were substituted references to Part III of this Act.
FIRST SCHEDULE.
Enactments Repealed.
Session and Chapter or Number and Year. | Short title | Extent of Repeal |
1 & 2 Geo. V., c. 45. | Public Roads (Ireland) Act, 1911. | The whole Act. |
No. 11 of 1933. | The whole Act. | |
No. 7 of 1940. | ||
No. 24 of 1946. | ||
No. 9 of 1955. | Sections 36 and 37. | |
No. 3 of 1956. |
SECOND SCHEDULE.
Offences under this Act involving Consequential Disqualification Orders.
Using mechanically propelled vehicle without test certificate.
1. An offence under subsection (2) of section 18, being a second or any subsequent offence within any period of three years.
Driving mechanically propelled vehicle before remedying dangerous defect.
2. An offence under subsection (10) of section 20, being a second or any subsequent offence within any period of three years.
Driving mechanically propelled vehicle when unfit.
3. An offence under section 48, being a second or any subsequent offence within any period of three years.
Driving mechanically propelled vehicle while under influence of intoxicating liquor or drug.
4. An offence under section 49.
Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug.
5. An offence under section 50, being a second or any subsequent offence within any period of three years.
Dangerous driving of mechanically propelled vehicle.
6. (a) An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle and caused death or serious bodily harm to a person other than the convicted person.
(b) An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle (not being an offence specified in subparagraph (a) of this paragraph), being a second or any subsequent offence under section 53 within any period of three years, provided that—
(i) in case it is a second offence as aforesaid, the other offence was an offence where the contravention involved the use of a mechanically propelled vehicle, or
(ii) in case it is a subsequent offence as aforesaid, one at least of the other offences was an offence where the contravention involved the use of a mechanically propelled vehicle.
Driving of dangerously defective mechanically propelled vehicle.
7. An offence under section 54, being a second or any subsequent offence within any period of three years.
Parking mechanically propelled vehicle in dangerous position.
8. An offence under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being a second or any subsequent offence within any period of three years.
Use of mechanically propelled vehicle not insured or guaranteed.
9. An offence under section 56, being a second or any subsequent offence within any period of three years.
Failure to fulfil duties on occurrence of accident.
10. An offence under section 106 where there is injury to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of that vehicle, being a second or any subsequent offence within any period of three years.
Taking mechanically propelled vehicle without authority.
11. An offence under subsection (2) of section 112, being a second or any subsequent offence within any period of three years.