Road traffic act 2004

• Act Number: 44
• Enactment Date: 22 December 2004

Number 44 of 2004
ROAD TRAFFIC ACT 2004
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title, commencement, collective citation and construction. 2. Interpretation. 3. Regulations.
PART 2
Speed Limits.
4. Ordinary speed limits. 5. Built-up area speed limit. 6. Non-urban regional and local roads speed limit. 7. National roads speed limit. 8. Motorway speed limit. 9. Special speed limits. 10. Speed limits at road works. 11. Offence of exceeding speed limit. 12. Transitional provisions — speed limits. 13. Amendment of section 53 of Principal Act (dangerous driving). 14. Repeals (Part 2). 15. Evidence in relation to certain offences under Act of 2002.
PART 3
Fixed Charges, Penalty Points and Outsourcing.
16. Amendments of section 2 of Act of 2002 (endorsement of penalty points). 17. Amendment of section 7 of Act of 2002 (appeal against conviction for penalty points). 18. Outsourcing of fixed charge functions from Garda Síochána. 19. Driver of vehicle where registered owner is not an individual. 20. Offence by body corporate, etc. 21. Inspection of driving licences of persons charged with certain offences. 22. Amendment of First Schedule to Act of 2002. 23. Amendment of section 3 of Act of 1975 (Traffic Wardens).
PART 4
Miscellaneous.
24. Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act. 25. Amendment of section 9 of Act of 2002 (disqualification pursuant to European Convention on Driving Disqualifications). 26. Permits. 27. Exemptions for emergency vehicles. 28. Functions of Commissioner of Garda Síochána. 29. Amendment of section 84 of Principal Act (bye-laws in relation to taxi stands). 30. Supply of mechanically propelled vehicles to minor. 31. Power of road authority to provide and maintain certain equipment, etc., on public roads. 32. “registered” owner. 33. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.
PART 5
Insurance.
34. Obligation to be insured. 35. Amendment to Table to section 23 of Act of 2002.
PART 6
Amendment of Taxi Regulation Act 2003
36. Amendment of section 36 of Taxi Regulation Act 2003 (mandatory disqualification).
Acts Referred to Finance Act l976 1976, No. 3 Finance Act l992 1992, No. 9 Finance (No. 2) Act l992 1992, No. 28 Finance Act l993 1993, No. 4 Finance Act 1994 1994, No. 27 Local Authorities (Traffic Wardens) Act l975 1975, No. l4 Local Government Act 2001 2001, No. 37 Road Traffic Act 1961 1961, No. 24 Road Traffic Act 1968 1968, No. 25 Road Traffic Act 1994 1994, No. 7 Road Traffic Act 2002 2002, No. l2 Road Traffic Acts l961 to 2003 Roads Act l993 1993, No. l4 Taxi Regulation Act 2003 2003, No. 25
Number 44 of 2004
ROAD TRAFFIC ACT 2004
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2003, THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003. [22nd December, 2004]
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 2004.
	(2) This Act (other than section 36 ) comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
	(3) The Road Traffic Acts 1961 to 2003 and this Act (other than Part 6 ) may be cited together as the Road Traffic Acts 1961 to 2004 and shall be construed together as one Act.
	Interpretation.	2.—(1) In this Act— “Act of 1968” means Road Traffic Act 1968 ;
	“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975 ;
	“Act of 1994” means Road Traffic Act 1994 ;
	“Act of 2001” means Local Government Act 2001 ;
	“Act of 2002” means Road Traffic Act 2002 ;
	“administrative area” has the meaning assigned to it by the Act of 2001;
	“built up area” means the area of a city, a borough or a town within the meaning of the Local Government Act 2001 ;
	“Commissioner” means Commissioner of the Garda Síochána;
	“county council” and “city council” have the meanings assigned to them, respectively, in the Act of 2001;
	“local road”, “regional road”, “national road” and “motorway” have the meaning assigned to them, respectively, in the Roads Act 1993 ;
	“Minister” means Minister for Transport;
	“Principal Act” means Road Traffic Act 1961.
	(2) In this Act—
	(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
	(c) a reference to any enactment is to be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
	Regulations.	3.—(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) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
PART 2 Speed Limits
	Ordinary speed limits.	4.—(1) The Minister may make regulations prescribing a speed limit (“ordinary 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 vehicle.
	(2) Regulations under this section may prescribe different speed limits for any class of vehicle using particular categories of public roads.
	(3) Regulations under this section may make provision for the exemption of a class or classes, including a sub class, of vehicles from a speed limit specified in any such regulations.
	Built-up area speed limit.	5.—(1) There is a speed limit (“built-up area speed limit”) of 50 kilometres per hour in respect of all public roads, other than a motorway in built-up areas for all mechanically propelled vehicles.
	(2) The built-up area speed limit does not apply to a road or part of it in a built-up area where a special speed limit or a road works speed limit applies to that road or part.
	Non-urban regional and local roads speed limit.	6.—(1) There is a speed limit (“regional and local roads speed limit”) of 80 kilometres per hour in respect of all regional and local roads, other than such roads in built-up areas, for all mechanically propelled vehicles.
	(2) The regional and local roads speed limit does not apply to a non-urban regional and local road or part of it where a special speed limit or a road works speed limit applies to that road or part.
	National roads speed limit.	7.—(1) There is a speed limit (“national roads speed limit”) of 100 kilometres per hour in respect of all national roads, other than national roads in built-up areas, for all mechanically propelled vehicles.
	(2) The national roads speed limit does not apply to a national road or part of it where a special speed limit or a road works speed limit applies to that road or part.
	Motorway speed limit.	8.—(1) There is a speed limit (“motorway speed limit”) of 120 kilometres per hour in respect of all motorways for all mechanically propelled vehicles.
	(2) The motorway speed limit does not apply in respect of any motorway or part of it where a special speed limit or road works speed limit applies to that motorway or part.
	Special speed limits.	9.—(1) A county council or a city council may make bye-laws (“special speed limit bye-laws”) specifying in respect of any specified public road or specified part of a public road or specified carriageway or lane of a public road within its administrative area the speed limit (“special speed limit”) which shall be the speed limit on that road or those roads for mechanically propelled vehicles.
	(2) The special speed limits that may be specified in bye-laws under this section are—
	(a) 30 kilometres per hour, which shall only be applied in respect of a road or roads (other than a motorway) in accordance with guidelines issued by the Minister under this section,
	(b) 50 kilometres per hour, in respect of any road other than a road in a built-up area,
	(c) 60 kilometres per hour,
	(d) 80 kilometres per hour, in respect of a motorway, a national road or a road in a built-up area,
	(e) 100 kilometres per hour, in respect of a motorway, a non-urban regional or local road or a road in a built-up area, and
	(f) 120 kilometres per hour, in respect of a dual carriageway that forms part of a national road that is not a motorway in accordance with guidelines issued by the Minister under subsection (9).
	(3) Before making special speed limit bye-laws a county council or city council shall give notice to—
	(a) the council of any borough or town in the administrative...