Road traffic act 2006

• Act Number: 23
• Enactment Date: 16 July 2006

Number 23 of 2006
ROAD TRAFFIC ACT 2006
ARRANGEMENT OF SECTIONS
Section
1. Definitions.
2. Regulations to give effect to acts of European Communities.
3. Prohibition on holding mobile phone by driver of mechanically propelled vehicle, etc.
4. Mandatory alcohol testing.
5. Fixed charge and disqualification for certain drink driving offences.
6. Consequential disqualification orders.
7. Removal of disqualification.
8. Recognition of foreign driving licences.
9. Theory test certificate.
10. Regulations relating to driving licences, learner permits and certificates of competency and fitness.
11. Learner permit.
12. Driving without driving licence.
13. Requirement to carry driving licence while driving vehicle.
14. Fixed charge offences.
15. Amendment of Act of 1975 (Traffic Wardens).
16. Penalty point offences.
17. Evidence in relation to certain offences.
18. Increase of certain penalties.
19. Detention of vehicles.
20. False declaration.
21. Taxis — mandatory disqualification.
22. Repeals.
23. Short title, commencement, collective citation and construction.
Acts Referred to
Dublin Transport Authority Act 1986 1986, No. 15 Dublin Transport Authority (Dissolution) Act 1987 1987, No. 34 European Communities Act 1972 1972, No. 27 Finance Act 1976 1976, No. 16 Fire Services Act 1981 1981, No. 30 Local Authorities (Traffic Wardens) Act 1975 1975, No. 14 Railway Safety Act 2005 2005, No. 31 Road Traffic (Amendment) Act 1984 1984, No. 16 Road Traffic Act 1961 1961, No. 24 Road Traffic Act 1968 1968, No. 25 Road Traffic Act 1994 1994, No. 7 Road Traffic Act 1995 1995, No. 7 Road Traffic Act 2002 2002, No. 12 Road Traffic Act 2003 2003, No. 37 Road Traffic Act 2004 2004, No. 44 Road Traffic Acts 1961 to 2005 Road Transport Act 1933 1933, No. 8 Road Transport Act 1986 1986, No. 16 Road Transport Act 1999 1999, No. 15 Roads Act 1993 1993, No. 14 Taxi Regulation Act 2003 2003, No. 25
Number 23 of 2006
ROAD TRAFFIC ACT 2006
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2005, THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975 AND THE TAXI REGULATION ACT 2003 AND TO REPEAL SECTION 16 OF THE ROAD TRANSPORT ACT 1999.
[16th July, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.— In this Act—
	“ Act of 1975 ” means Local Authorities (Traffic Wardens) Act 1975;
	“ Act of 1994 ” means Road Traffic Act 1994;
	“ Act of 1995 ” means Road Traffic Act 1995;
	“ Act of 2002 ” means Road Traffic Act 2002;
	“ Act of 2003 ” means Road Traffic Act 2003;
	“ Act of 2004 ” means Road Traffic Act 2004;
	“ Minister ” means Minister for Transport;
	“ Principal Act ” means Road Traffic Act 1961.
	Regulations to give effect to acts of European Communities.	2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—
	(a) a provision of the treaties of the European Communities, or
	(b) an act adopted by an institution of those Communities.
	Prohibition on holding mobile phone by driver of mechanically propelled vehicle, etc.	3.— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone.
	(2) Subsection (1) does not apply to a member of the Garda Síochána, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties.
	(3) A person who contravenes subsection (1) is guilty of an offence.
	(4) The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places of the use of—
	(a) a mobile phone (other than in the circumstances referred to in subsection (1)),
	(b) an in-vehicle communication device,
	(c) information equipment, or
	(d) entertainment equipment.
	(5) Different regulations may be made under subsection (4) for different classes of cases coming within the same class of equipment or for different classes of vehicles in relation to such equipment or different classes of persons.
	(6) A person who contravenes or fails to comply with regulations made under subsection (4) is guilty of an offence.
	(7) It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—
	(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or
	(b) involved in or acting in response to a genuine emergency.
	(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €2,000.
	(9) In this section—
	“ hands-free device ” means a device designed so that when used in conjunction with a mobile phone there is no need for the user to hold the phone by hand;
	“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;
	“ interactive communication function ” includes—
	(a) sending or receiving oral or written messages,
	(b) sending or receiving facsimile documents,
	(c) sending or receiving still or moving images, or
	(d) providing access to the internet;
	“ in-vehicle communication device ” means a communication device designed or adapted to be attached to or integrated into a mechanically propelled vehicle or which may be used in or on such a vehicle and with which a person is capable of making or receiving a call or performing an interactive communication function and includes a two-way radio;
	“ mobile phone ” means a portable communication device, other than a two-way radio, with which a person is capable of making or receiving a call or performing an interactive communication function, but for the purposes of subsection (1) does not include a hands-free device;
	“ portable ” in relation to a mobile phone, means the phone is designed or adapted to be carried by a person;
	“ two-way radio ” means an apparatus for wireless telegraphy which is designed or adapted for the purpose of transmitting or receiving spoken words or messages between a person and another, using a frequency other than a frequency used by a mobile phone.
	Mandatory alcohol testing.	4.— (1) In this section—
	“ authorisation ” means an authorisation under subsection (2) to establish a checkpoint;
	“ checkpoint ” means a checkpoint established under an authorisation.
	(2) A member of the Garda Síochána, not below the rank of inspector, may, for the purposes of section 49 of the Principal Act, authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda Síochána may exercise the powers under subsection (4).
	(3) An authorisation shall be in writing and shall specify—
	(a) the date on which, and the public place in which, the checkpoint is to be established, and
	(b) the hours at any time between which it may be operated.
	(4) A member of the Garda Síochána, who is on duty at a checkpoint, may stop any mechanically propelled vehicle at the checkpoint and, without prejudice to any other powers (including the powers under section 12 (inserted by the Act of 2003) of the Act of 1994) conferred on him or her by statute or at common law, may require a person in charge of the vehicle—
	(a) to—
	(i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, or
	(ii) accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide, by exhaling into such an apparatus, a specimen of his or her breath, or
	(b) to—
	(i) leave the vehicle at the place where it has been stopped, or
	(ii) move it to a place in the vicinity of the checkpoint, and
	keep or leave it there until the person has complied with a requirement made of him or her under paragraph (a).
	(5) A member of the Garda Síochána for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement.
	(6) A person who—
	(a) refuses or fails to comply immediately with a requirement under subsection (4)(a) or (b)(i) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), or
	(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(b)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5),
	is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.
	(7) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
	(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this...