Road Traffic Act, 2004

JurisdictionIreland


Number 44 of 2004


ROAD TRAFFIC ACT 2004

REVISED

Updated to 1 June 2017


This Revised Act is an administrative consolidation of Road Traffic Act 2004. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Amendment) Act 2017 (13/2017), enacted 7 June 2017, and all statutory instruments up to and including Road Traffic Act 2010 (Section 35(6))(Prescribed Document) Regulations 2017 (S.I. No. 245 of 2017), made 1 June 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 44 of 2004


ROAD TRAFFIC ACT 2004

REVISED

Updated to 1 June 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Road Traffic Acts 1961 to 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic Act 2016, s. 1(3)) The Acts in the group are:

Road Traffic Act 1961 (24/1961)

Road Traffic Act 1968 (25/1968)

Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (16/1978) (repealed)

Road Traffic (Amendment) Act 1984 (16/1984)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984

Road Traffic Act 1994 (7/1994)

Road Traffic Act 1995 (7/1995) (repealed)

Road Traffic Act 2002 (12/2002)

Road Traffic Act 2003 (37/2003) (repealed)

Road Traffic Act 2004 (44/2004), other than Part 6

Railway Safety Act 2005 (31/2005), Part 17

Road Traffic Act 2006 (23/2006), other than s. 21

Road Traffic and Transport Act 2006 (28/2006), s. 1

Roads Act 2007 (34/2007), s. 12

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2011 (7/2011)

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

Taxi Regulation Act 2013 (37/2013), Part 11

Road Traffic Act 2014 (3/2014)

Vehicle Clamping Act 2015 (13/2015), Part 5

Road Traffic Act 2016 (21/2016)

Local Authorities (Traffic Wardens) Act 1975 and 1987 : this Act deals with similar subject matter to a group of Acts included in this collective citation ( Dublin Transport Authority (Dissolution) Act 1987, s. 15(4)). The Acts in the group are:

Local Authorities (Traffic Wardens) Act 1975 (14/1975)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), in so far as it amends the Local Authorities (Traffic Wardens) Act 1975

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1995, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Traffic Act 2016 (21/2016)

Road Traffic Act 2014 (3/2014)

Local Government Reform Act 2014 (1/2014)

Taxi Regulation Act 2013 (37/2013)

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

Road Traffic Act 2011 (7/2011)

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2006 (23/2006)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Freedom of Information Act 1997 (13/1997)

Local Authorities (Traffic Wardens) Act 1975 (14/1975)

All Acts up to and including Companies (Amendment) Act 2017 (13/2017), enacted 1 June 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Road Traffic (Ordinary Speed Limits - Buses, Heavy Goods Vehicles, Etc.) (Amendment) Regulations 2012 (S.I. No. 75 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Road Traffic (Ordinary Speed Limits Buses, Heavy Goods Vehicles, Etc) Regulations 2008 (S.I. No. 546 of 2008)

Road Traffic Act 2004 (Commencement) (Parts 3 and 4) Order 2005 (S.I. No. 26 of 2005)

Road Traffic (Ordinary Speed Limits - Certain Vehicles) Regulations 2005 (S.I. No. 9 of 2005)

Road Traffic Act 2004 (Commencement) (Parts 1 and 2 and Sections 27 and 32) Order 2005 (S.I. No. 8 of 2005)

European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989)

All statutory instruments up to and including Road Traffic Act 2010 (Section 35(6))(Prescribed Document) Regulations 2017 (S.I. No. 245 of 2017), made 1 June 2017, were considered in the preparation of this revision.


Number 44 of 2004


ROAD TRAFFIC ACT 2004

REVISED

Updated to 1 June 2017


ARRANGEMENT OF SECTIONS


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

REVISED

Updated to 1 June 2017


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. [22 nd December, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: application of collectively cited Road Traffic Acts extended by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.

Cost of prosecutions — road traffic offences.

82.—(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

...

C2

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (20.03.2014) by Road Traffic Act 2010 (25/2010), s. 87(1), as substituted by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

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

23. Section 87 of the Act of 2010 is amended by substituting for subsection (1) the following:

“(1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000)) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.”

C3

Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not...

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