Road Traffic Act 2016

JurisdictionIreland
CitationIR No. 21/2016


Number 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019


This Revised Act is an administrative consolidation of the Road Traffic Act 2016. It is prepared by the Law Reform Commission in accordance with its function under the 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 the Consumer Protection (Gift Vouchers) Act 2019 (38/2019), enacted 19 November 2019, and all statutory instruments up to and including the Road Traffic Act 2016 (Commencement) Order 2019 (S.I. No. 582 of 2019), made 22 November 2019, 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 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019


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 2018 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic (Amendment) Act 2018 (18/2016), s. 6(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Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (19/1978) (repealed)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Road Traffic Act 1995 (7/1995) (repealed)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Road Traffic Act 2003 (37/2003) (repealed)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Road Traffic and Transport Act 2006 (28/2006), s. 1 (repealed)

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 (citation only)

Road Traffic Act 2014 (3/2014)

Road Traffic (No. 2) Act 2014 (39/2014)

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

Public Transport Act 2016 (3/2016), s. 8

Road Traffic Act 2016 (21/2016) (citation only)

Road Traffic (Amendment) Act 2018 (18/2018)

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 1972, 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 (Amendment) Act 2018 (18/2018)

All Acts up to and including Consumer Protection (Gift Vouchers) Act 2019 (38/2019), enacted 19 November 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Road Traffic Act 2016 (Commencement) Order 2019 (S.I. No. 582 of 2019)

Road Traffic Act 2016 (Sections 40 and 41) (Commencement) Order 2017 (S.I. No. 310 of 2017)

Road Traffic Act 2016 (Part 5 and section 36(d)) (Commencement) Order 2017 (S.I. No. 242 of 2017)

Road Traffic Act 2016 (Commencement) Order 2017 (S.I. No. 129 of 2017)

All statutory instruments up to and including Road Traffic Act 2016 (Commencement) Order 2019 (S.I. No. 582 of 2019), made 22 November 2019, were considered in the preparation of this revision.


Number 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019



Acts Referred to

Civil Service Commissioners Act 1956 (No. 45)

Courts (No. 3) Act 1986 (No. 33)

European Communities Act 1972 (No. 27)

Finance Act 1976 (No. 16)

Finance Act 1992 (No. 9)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Probation of Offenders Act 1907 (7 Edw. 7 c. 17)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16)

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

Road Traffic Act 1961 (No. 24)

Road Traffic Act 2002 (No. 12)

Road Traffic Act 2004 (No. 44)

Road Traffic Act 2010 (No. 25)

Road Traffic Act 2014 (No. 3)

Road Traffic Acts 1961 to 2015

Road Transport Act 1933 (No. 8)

Roads Act 2007 (No. 34)

Roads Acts 1993 to 2015

Taxi Regulation Act 2013 (No. 37)

Vehicle Clamping Act 2015 (No. 13)


Number 21 of 2016


ROAD TRAFFIC ACT 2016

REVISED

Updated to 25 November 2019


An Act to amend and extend the Road Traffic Acts 1961 to 2015, to amend the Vehicle Clamping Act 2015, to give effect to the Agreement on the Mutual Recognition of Driving Disqualifications between the State and the United Kingdom done at Dublin on 30 October 2015 and to provide for related matters.

[27 th December, 2016]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1.

Short title, commencement, collective citation and construction

1. (1) This Act may be cited as the Road Traffic Act 2016.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The collective citation “The Road Traffic Acts 1961 to 2016” includes this Act and Part 5 of the Vehicle Clamping Act 2015.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (25.11.2019) by Road Traffic Act 2016 (Commencement) Order 2019 (S.I. No. 582 of 2019).

2. The 25th day of November 2019 is appointed as the day on which section 30 the Road Traffic Act 2016 (No. 21 of 2016) insofar as it relates to section 78A(1A), other than paragraph (g), comes into operation.

E2

Power pursuant to subs. (2) exercised (1.08.2017) by Road Traffic Act 2016 (Sections 40 and 41) (Commencement) Order 2017 (S.I. No. 301 of 2017).

2. The 1st day of August 2017 is appointed as the day on which sections 40 and 41 of the Road Traffic Act 2016 (No. 21 of 2016) come into operation.

E3

Power pursuant to subs. (2) exercised (1.06.2017) by Road Traffic Act 2016 (Part 5 and section 36(d)) (Commencement) Order 2017 (S.I. No. 242 of 2017).

2. The 1st day of June 2017 is appointed as the day on which Part 5 and section 36 (d) of the Road Traffic Act 2016 (No. 21 of 2016) come into operation.

E4

Power pursuant to subs. (2) exercised (13.03.2017 and 13.04.2017) by Road Traffic Act 2016 (Commencement) Order 2017 (S.I. No. 129 of 2017).

3. The 30th day of March 2017 is appointed as the day on which sections 1, 2 and 20 of the Act of 2016 come into operation.

4. The 13th day of April 2017 is appointed as the day on which the following provisions of the Act of 2016 come into operation:

(a) sections 7 to 19;

(b) sections 21 and 22;

(c) sections 32 and 33;

(d) section 37.

2.

Definitions

2. In this Act—

“Act of 2010” means Road Traffic Act 2010;

“Principal Act” means Road Traffic Act 1961.

PART 2

Register of Written-Off Vehicles

3.

Definition - Part 2

3. In this Part “vehicle insurer” has the meaning assigned to it in section 58 of the Road Traffic Act 1961.

4.

Vehicle insurer obligations

4. (1) A vehicle insurer, who as a result of an inspection of a mechanically propelled vehicle determines that such vehicle is defective to the extent that it is—

(a) when in motion, a danger to the public, and

(b) beyond repair,

shall notify the Minister in accordance with subsection (2) within 5 working days of such inspection.

(2) When an insurer notifies the Minister under subsection (1) it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.

(3) A notification under this section shall be dated and shall include the following:

(a) the registration number (if any) of the vehicle;

(b) the make, model and body type of the vehicle;

(c) the VIN, or vehicle identification number, of the vehicle, that is to say, the fixed combination of characters assigned to the vehicle by a manufacturer or its authorised distributor for vehicle identification purposes which is marked on the chassis, frame or other similar structure of the...

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