Road traffic act 2014

Enactment Date25 February 2014
Act Number3


Number 3 of 2014


ROAD TRAFFIC ACT 2014


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction

2. Definitions

PART 2

Driver Licensing

3. Novice driver

4. Display of N-plate or tabard by novice driver

5. Access to endorsements by approved vehicle insurers

6. Amendment of Principal Act

PART 3

Penalty Points

7. Repeal of section 53 of Act of 2010

8. Amendment of Act of 2002 — endorsement of penalty points

9. Amendment of section 54 of Act of 2010

10. Amendment of First Schedule to Act of 2002

PART 4

Intoxicated Driving Offences

11. Obligation to perform impairment tests

12. Amendment of Act of 2010 — taking of blood from unconscious driver

13. Amendment of Principal Act — consequential disqualification order

PART 5

Miscellaneous

14. Interference with odometer of mechanically propelled vehicle

15. Amendment of section 3 of Principal Act

16. Recovery of sums paid by Motor Insurers’ Bureau of Ireland

17. Amendment of section 106 of Principal Act

18. Amendment of section 20 of Road Safety Authority Act 2006 — superannuation of RSA staff

19. Amendment of section 2 of Public Transport Regulation Act 2009

20. Amendment of section 29 of Act of 2010 — fixed penalty notice

21. Amendment of section 38 of Act of 2010 — presumptions

22. Amendment of section 81 of Act of 2010 — evidence in relation to speeding, etc.

23. Amendment of section 87 of Act of 2010 — exemptions for emergency vehicles

24. Amendment of Act of 2012

25. Amendment of section 13 of Road Transport Act 2011 — fees

26. Repeals


Acts Referred to

Fire Services Act 1981 (No. 30)

Probation of Offenders Act 1907 (7 Edw. 7, c. 17)

Public Transport Regulation Act 2009 (No. 37)

Railway Safety Act 2005 (No. 31)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16)

Road Safety Authority Act 2006 (No. 14)

Road Traffic (No. 2) Act 2011 (No. 28)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 2002 (No. 12)

Road Traffic Act 2006 (No. 23)

Road Traffic Act 2010 (No. 25)

Road Traffic Acts 1961 to 2010

Road Traffic Acts 1961 to 2011

Road Transport Act 2011 (No. 31)


Number 3 of 2014


ROAD TRAFFIC ACT 2014


An Act to amend and extend the Road Traffic Acts 1961 to 2011, to amend section 20 of the Road Safety Authority Act 2006 , section 16 of the Road Transport Act 2011 and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 and to provide for related matters.

[25 th February, 2014]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, commencement, collective citation and construction

1. (1) This Act may be cited as the Road Traffic Act 2014.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) This Act and the Road Traffic Acts 1961 to 2011 may be cited together as the Road Traffic Acts 1961 to 2014 and shall be read together as one.

Definitions

2. In this Act—

“Act of 2002” means Road Traffic Act 2002 ;

“Act of 2006” means Road Traffic Act 2006 ;

“Act of 2010” means Road Traffic Act 2010 ;

“Act of 2012” means Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ;

“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;

“learner driver” means the holder of a learner permit (within the meaning of section 35(1) (inserted by section 11 of the Act of 2006)) of the Principal Act who does not hold a driving licence;

“Minister” means Minister for Transport, Tourism and Sport;

“Principal Act” means Road Traffic Act 1961 .

PART 2

Driver Licensing

Novice driver

3. (1) For the purposes of this Act, a person who is the holder of a first driving licence is a novice driver for the period of 2 years from the date of its issue.

(2) Where, during the period of 2 years referred to in subsection (1) the person—

(a) becomes disqualified pursuant to Part III of the Principal Act or section 9 of the Act of 2002, or

(b) ceases to be the holder of a licence,

no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 2 years and the date of the ending of that period shall be determined accordingly.

Display of N-plate or tabard by novice driver

4. (1) A novice driver shall not drive a mechanically propelled vehicle in a public place unless—

(a) in the case of a motorcycle, there is displayed on a yellow fluorescent tabard worn over the person’s outside clothing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the person’s torso, or

(b) in the case of a mechanically propelled vehicle other than a motorcycle, there are displayed on the vehicle rectangular plates or signs bearing the letter “N”, not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle.

(2) A person who contravenes subsection (1) commits an offence.

Access to endorsements by approved vehicle insurers

5. (1) The Minister may, subject to such conditions as he or she may determine, allow a vehicle insurer, for the purpose of renewing approved policies of insurance, to—

(a) have access to, inspect and examine endorsements on the entry (within the meaning of section 1(1) of the Act of 2002) relating to a person, and

(b) be supplied with such copies of an entry or extracts from an entry as the vehicle insurer may reasonably require.

(2) Section 2(10) of the Act of 2002 is repealed.

Amendment of Principal Act

6. The Principal Act is amended—

(a) in section 33, by inserting after subsection (3C) (inserted by section 92 of the Act of 2010) the following:

“(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”,

(b) in section 36(3) —

(i) in paragraph (a), by deleting “the conviction and”, and

(ii) in paragraph (c) (iv), by deleting “of the conviction and”,

(c) in section 38, by inserting after subsection (7) the following:

“(8) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion—

(a) is committing, or has committed, an offence under subsection (1), and

(b) is disqualified from holding a driving licence.”,

and

(d) in section 42(3) (inserted by section 10 of the Act of 2006), by substituting for paragraph (h) the following:

“(h) the nature of and manner of conducting tests and the minimum period of driving experience to be completed and recorded by a person before he or she may undergo a test;”.

PART 3

Penalty Points

Repeal of section 53 of Act of 2010

7. Section 53 of the Act of 2010 is repealed.

Amendment of Act of 2002 — endorsement of penalty points

8. The Act of 2002 is amended—

(a) in section 1(1) —

(i) by inserting after the definition of “entry” the following:

“ ‘Irish licence’ means an Irish driving licence or a learner permit granted under Part III of the Principal Act;”,

and

(ii) by substituting for the definition of “licence” the following:

“ ‘licence’ means an Irish licence or a foreign driving licence, as the case may be;”,

(b) in section 2—

(i) in subsection (1), by substituting “under section 37 or 44 of the Road Traffic Act 2010 ” for “under section 103 (as inserted by this Act) of the Principal Act”, and

(ii) by substituting for subsection (7) the following:

“(7) If an entry in relation to a person cannot be identified or does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it pursuant to subsection (5) or (6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed.”,

(c) in section 3, by substituting for subsection (1) the following:

“(1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed—

(a) equals or exceeds 12, or

(b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly.”,

and

(d) in section 5(1), by substituting for paragraph (b) the following:

“(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number—

(i) equals or exceeds 12, or

(ii) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing...

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