Road traffic act, 1968

• Enactment Date: 16 July 1968
• Act Number: 25

Number 25 of 1968
ROAD TRAFFIC ACT, 1968
ARRANGEMENT OF SECTIONS
Part I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Collective citation and construction. 4. Commencement. 5. Repeals. 6. Minor and consequential amendments of Principal Act. 7. Non-application of Public Offices Fees Act, 1879.
Part II
General Provisions Relating to Vehicles
8. Control of supply of vehicles. 9. Control of importation, etc, of vehicle parts. 10. Control and operation of trailers. 11. Determination of Maximum weights. 12. Inspection and examination of vehicles. 13. Inspection and examination of vehicles in large fleets. 14. Approval marks. 15. Obligatory penalty for excess weight. 16. Extension of powers of authorised officer under section 16 of Principal Act. 17. Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.
Part III
Driving Licences
18. Regulations in relation to control of driving instruction. 19. Amendment of section 29 of Principal Act. 20. Operation of disqualification order. 21. Amendment of section 33 of Principal Act. 22. Limited certificates of competency for special cases. 23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.
Part IV
Speed Limits
24. General speed limit. 25. Amendment of section 46 of Principal Act. 26. Amendment of section 47 of Principal Act.
Part V
Driving Offences
27. Definitions for Part V. 28. Obligation to provide preliminary specimen of breath. 29. Amendment of section 49 of Principal Act. 30. Obligation to provide, or permit taking of, specimen at Garda station (section 49). 31. Bar to certain defences to charges under section 49 of Principal Act. 32. Amendment of section 50 of Principal Act. 33. Obligation to provide, or permit taking of specimen at Garda station (section 50). 34. Bar to certain defences to charges under section 50 of Principal Act. 35. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act. 36. Defence to refusal to permit taking of specimen. 37. Establishment of Bureau for purposes of this Part. 38. Functions and duties of the Bureau. 39. Director of the Bureau. 40. Provisions of the establishment order. 41. Expenses of the Bureau. 42. Protection of Director, etc, against legal proceedings. 43. Procedure following taking or provision of specimen. 44. Evidential effect to of certificate under section 43. 45. Right to further analysis. 46. Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen. 47. Regulations for sections 27 to 46. 48. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug. 49. Driving without reasonable consideration. 50. Careless driving. 51. Amendment of section 53 of Principal Act. 52. Amendment of section 55 of Principal Act.
Part VI
Compulsory Insurance
53. Cesser of provisions of Principal Act relating to approved guarantee. 54. Exempted person. 55. Deposits by exempted persons.
Part VII
Public Service Vehicles
56. Penalty for damaging public service vehicle. 57. Amendment of section 82 of Principal Act. 58. Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.
Part VIII
Regulation of Traffic
59. Penalty on person found in a public place while under influence of intoxicating liquor or drug. 60. Regulations for the general control of traffic and pedestrians. 61. Amendment of section 93 of Principal Act. 62. Transfer of traffic functions to local authorities. 63. Removal of vehicles abandoned or unlawfully parked.
Part IX
Miscellaneous
64. Amendment of section 103 of Principal Act. 65. Taking vehicle without authority. 66. Investigation and inquiry by person authorised by Minister into accident involving vehicle.
SCHEDULE
Minor and Consequential Amendments of Principal Act
Acts Referred to Road Traffic Act, 1961 1961, No. 24. Merchandise Marks Act, 1887 1887, c. 28. Merchandise Marks Act, 1931 1931, No. 48. Roads Act, 1920 1920, c. 72. Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24. Road Traffic Act, 1933 1933, No. 11. Roads Act, 1920 1920, c. 72. Civil Service Commissioners Act, 1956 1956, No. 45. Civil Service Regulation Act, 1956 1956, No. 46. Licensing Act, 1836 1836, c. 38. Licensing Act, 1872 1872, c. 94. Licensing (Ireland) Act, 1874 1874, c. 69. Summary Jurisdiction Act, 1908 1908, c. 24. Insurance Act, 1936 1936, No. 45. Petty Sessions (Ireland) Act, 1851 1851, c. 93..
Number 25 of 1968
ROAD TRAFFIC ACT, 1968
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACT, 1961 , TO PROVIDE FOR THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES AND VEHICLES DRAWN BY SUCH VEHICLES, TO PROVIDE IN PARTICULAR FOR THE ASCERTAINMENT BY TESTS OF THE CONCENTRATION OF ALCOHOL IN THE BLOOD OF PERSONS IN CHARGE OF MECHANICALLY PROPELLED VEHICLES AND FOR OFFENCES BY SUCH PERSONS, TO MAKE PROVISIONS DESIGNED TO ENSURE THE ROADWORTHINESS OF VEHICLES AND THEIR EQUIPMENT, TO AUTHORISE CERTAIN CHARGES AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th July, 1968]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :—
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Road Traffic Act, 1968.
	Interpretation.	2.—(1) In this Act, “the Principal Act” means the Road Traffic Act, 1961 .
	(2) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.
	(3) In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	Collective citation and construction.	3.—This Act and the Principal Act may be cited together as the Road Traffic Acts, 1961 and 1968, and shall be construed together as one Act.
	Commencement.	4.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.
	Repeals.	5.—Sections 119 (which provides for the reimbursement of hospitals in certain cases when a person is injured as a result of negligent use of a mechanically propelled vehicle) and 88 (which provides for the making by the Commissioner of bye-laws for the general regulation and control of traffic and pedestrians in public places) of the Principal Act are hereby repealed.
	Minor and consequential amendments of Principal Act.	6.—Each provision of the Principal Act mentioned in column (1) of the Schedule to this Act is hereby amended in the manner stated in column (2) of that Schedule opposite the mention of that provision in column (1).
	Non-application of Public Offices Fees Act, 1879.	7.—The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under the Principal Act or this Act.
PART II General Provisions Relating to Vehicles
	Control of supply of vehicles.	8.—(1) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, for delivery in such a condition that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.
	(2) A person shall not alter a vehicle to which this subsection applies so as to render its condition such that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.
	(3) Subject to regulations under this section, the Minister may issue a certificate or certificates (in this section referred to as type approval certificates) certifying that a vehicle of any type (in this section referred to as a type vehicle) complies with the prescribed requirements.
	(4) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, unless there is in force in respect of the vehicle and provided therewith either—
	(a) a test certificate issued under section 18 of the Principal Act, or
	(b) a certificate (in this section referred to as a certificate of conformity) issued under regulations under this section by the manufacturer or importer of the vehicle, or by a prescribed person, certifying that the vehicle conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate under subsection (3) is in force.
	(5) A person who contravenes subsection (1), (2) or (4) shall...