Road traffic act, 2002

• Act Number: 12
• Enactment Date: 10 April 2002

Number 12 of 2002
ROAD TRAFFIC ACT, 2002
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Endorsement of penalty points. 3. Disqualification by reason of penalty points. 4. Period of endorsement of penalty points. 5. Notification to licence holder of endorsement of penalty points. 6. Interruption of period of endorsement of penalty points or disqualifications under section 3. 7. The appropriate date. 8. Endorsement of certain convictions and disqualifications on entries. 9. Disqualification pursuant to European Convention on Driving Disqualifications. 10. Obligation to provide preliminary breath specimen. 11. Fixed charge offences. 12. Amendment of Act of 1975. 13. Protection of environment. 14. Performance of certain functions. 15. Bye-laws in relation to stands for taxis. 16. Stopping places and stands for buses. 17. Amendment of section 56 of Principal Act. 18. Amendment of section 40 of Principal Act. 19. Amendment of section 18 of Act of 1968. 20. Amendment of section 35 of Act of 1994. 21. Evidence in relation to certain offences. 22. Inspection of driving licences of persons charged with certain offences. 23. Increase of certain penalties. 24. Regulations. 25. Repeals and amendment of sections 97(1)(b), 102, 107, 110, 111, 115, 125 and 126 of Principal Act. 26. Short title, commencement, construction and collective citation.
FIRST SCHEDULE
Penalty Points
PART 1
Contravention of Certain Statutory Provisions
PART 2
Contravention of Certain Provisions of Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 2002
PART 3
Contravention of Certain Provisions of Road Traffic (Lighting of Vehicles) Regulations, 1963
PART 4
Contravention of Certain Provisions of Road Traffic (Traffic and Parking) Regulations, 1997
PART 5
Contravention of Article 6 of Road Traffic (Licensing of Drivers) Regulations, 1999
SECOND SCHEDULE
Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications done at Brussels on the 17th day of June, 1998
Acts Referred to Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Act, 1956 1956, No. 46 Environmental Protection Agency Act, 1992 1992, No. 7 Finance Act, 1976 1976, No. 16 Finance Act, 1993 1993, No. 13 Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24 Interpretation Act, 1937 1937, No. 38 Local Authorities (Traffic Wardens) Act, 1975 1975, No. 14 Local Government Act, 1941 1941, No. 23 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Road Traffic Act, 1961 1961, No. 24 Road Traffic Act, 1968 1968, No. 25 Road Traffic Act, 1994 1994, No. 23 Road Traffic Act, 1995 1995, No. 7 Road Traffic Acts, 1961 to 1994 Road Traffic Acts, 1961 to 1995 Road Traffic (Amendment) Act, 1984 1984, No. 16 Roads Act, 1920 1920, c. 72 Roads Act, 1993 1993, No. 14
Number 12 of 2002
ROAD TRAFFIC ACT, 2002
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 to 1995. [10th April, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act, save where the context otherwise requires—
	“the Act of 1968” means the Road Traffic Act, 1968 ;
	“the Act of 1975” means the Local Authorities (Traffic Wardens) Act, 1975 ;
	“the Act of 1994” means the Road Traffic Act, 1994 ;
	“the Acts” means the Road Traffic Acts, 1961 to 1995;
	“appeal” includes an appeal by way of case stated;
	“appropriate date” shall be construed in accordance with section 7 ;
	“entry”, in relation to a person, means the entry in the licence record relating to the person;
	“licence” means a driving licence or a provisional licence under Part III of the Principal Act;
	“licence record” means the record jointly established and maintained by the Minister and all the licensing authorities under section 60(2) of the Finance Act, 1993 , in relation to licences;
	“penalty point” means a point specified in column (4) or (5) of the First Schedule;
	“penalty point offence” means an offence specified in column (2) of the First Schedule committed after the commencement of section 2 ;
	“the Principal Act” means the Road Traffic Act, 1961 .
	(2) A word or expression that is used in this Act and is also used in the Principal Act has in this Act, unless the context otherwise requires, the same meaning as it has in the Principal Act.
	(3) In this Act—
	(a) a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other provision is intended,
	(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph 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 or instrument made under statute shall be construed as a reference to that enactment or instrument as amended, adapted or extended by or under any subsequent enactment or instrument made under statute.
	Endorsement of penalty points.	2.—(1) Where a person makes a payment under section 103 (as inserted by this Act) of the Principal Act in respect of an alleged penalty point offence (other than such an offence specified at reference number 2, 3, 8, 9, 10, 11, 12 or 14 in column (2) of Part 1 of the First Schedule), the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2) shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the alleged offence.
	(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence.
	(3) (a) Where a person, whether on the same occasion or not—
	(i) makes 2 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, or
	(ii) is convicted of 2 or more penalty point offences committed on the same occasion,
	penalty points in respect of one only of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry relating to the person.
	(b) Where a person, whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more penalty point offences and the alleged penalty point offences concerned and the penalty point offences were committed on the same occasion, penalty points in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry relating to the person.
	(4) In a case referred to in subsection (3)—
	(a) if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry, and
	(b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.
	(5) Upon the making of a payment referred to in subsection (1) to a member of the Garda Síochána, the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and, thereupon, subject to subsections (3), (7) and (8), the Minister shall cause the appropriate number of penalty points to be endorsed on the entry concerned.
	(6) (a) When a person is convicted of a penalty point offence, the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the conviction—
	(i) in case an appeal is brought against the conviction and it is determined against the person, as soon as may be after such determination,
	(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.
	(b) Where the conviction of a person of a penalty point offence is reversed on appeal, it shall not be necessary to notify the Minister of the conviction.
	(c) Upon the receipt by the Minister of a notification under paragraph (a), the Minister shall, subject to subsections (3), (7) and (8), cause the appropriate number of penalty points to be endorsed on the entry concerned.
	(7) If an entry in relation to a person 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 made, thereupon, the points shall be so endorsed.
	(8) Where, upon conviction of a person of a penalty point offence, an ancillary disqualification order is made in respect of the person, penalty points in respect of the offence shall not be endorsed on the entry of the person.
	(9) The particulars stated in column (3) of the First Schedule are inserted solely to facilitate reference to and...