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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1933 Road Traffic Act, 1933 Road Traffic Act, 1933 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 11 of 1933. ROAD TRAFFIC ACT, 1933. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Commencement of Act. 3. Definitions. 4. Definition of pneumatic tyre. 5. Application to persons and vehicles in the service of the State. 6. General regulations. 7. Public inquiries. 8. Approval of bye-laws by the Minister. 9. Proof of bye-laws. 10. Finance. 11. Disposal of fees and of fines. 12. Saving for indictment for nuisance. 13. Repeals. PART II. Classification, etc., of Mechanically Propelled Vehicles. 14. Classification of mechanically propelled vehicles. 15. Construction and equipment of mechanically propelled vehicles. 16. Maximum weights of mechanically propelled vehicles. 17. Special permits for particular vehicles. 18. Calculation of the weight of mechanically propelled vehicles. 19. Provision of weigh-bridges. 20. Calculation of passenger accommodation of mechanically propelled vehicles. PART III. Licences to Drive Mechanically Propelled Vehicles. 21. Licensing authority. 22. Prohibition of driving mechanically propelled vehicle without licence. 23. Restrictions on the holding of driving licences. 24. Applications for driving licences. 25. Granting of driving licences. 26. Operation of driving licences. 27. Signing of driving licence by grantee thereof. 28. Duration of driving licence. 29. Driving mechanically propelled vehicle when unfit. 30. Driving mechanically propelled vehicle while drunk. 31. Ancillary disqualification orders. 32. Special disqualification orders. 33. Operation of disqualification orders. 34. Discharge of special disqualification orders. 35. Endorsement of driving licences. 36. Notification of orders and endorsements. 37. Transfer of endorsement to new licence. 38. Penalties for obtaining licence when disqualified, etc. 39. Production of driving licences on demand by member of Gárda Síochána. 40. Writing of signature on demand by member of Gárda Síochána. 41. Production of driving licences to court. 42. Grant of licences to non-residents. 43. Regulations in relation to driving licences. 44. Offences by officers of licensing authorities. 45. Effect of existing licences under the Motor Car Act, 1903. PART IV. Speed Limits for Mechanically Propelled Vehicles. 46. Ordinary speed limits. 47. Variation of ordinary speed limits. 48. Special speed limits. 49. Prohibition of exceeding speed limits. 50. Prohibition of careless driving. 51. Prohibition of dangerous driving. 52. Prohibition of driving dangerously defective vehicle. 53. Special provisions for fire brigades, ambulances, etc. 54. Ordering servant to exceed speed limit. 55. Evidence and notice of offences. PART V. Compulsory Insurance by Owners of Mechanically Propelled Vehicles. 56. Obligation to be insured or guaranteed. 57. Fine in lieu of damages and imprisonment in addition to damages. 58. Vehicle insurer. 59. Vehicle guarantor. 60. Exempted person. 61. Deposits by vehicle guarantors and exempted persons. 62. Approved policy of insurance. 63. Approved guarantee. 64. Approved combined policy and guarantee. 65. Punishment for fraud, etc., in obtaining policy or guarantee. 66. The excepted persons. 67. Extended power of making regulations in relation to application for licence under Finance Act, 1920. 68. Certificate of insurance and certificate of guarantee. 69. Effect of certificate of insurance or of guarantee. 70. Certificate of exemption. 71. Production of certificate on demand. 72. Obligation to deliver up certificate. 73. Regulations in relation to certificates of insurance, etc. 74. Obligation to give to insurer or guarantor notice of accident. 75. Obligation of driver to give owner notice of accident. 76. Amendment of the Assurance Companies Act, 1909. 77. Keeping of records and giving of information by vehicle insurers, vehicle guarantors and exempted persons. 78. Miscellaneous provisions in relation to insured or guaranteed moneys. 79. Application and repayment of deposit. 80. Special provisions for non-residents. PART VI. Certificates of Competency and Fitness. 81. Issue of certificates of competency. 82. Issue of certificates of fitness. 83. Exemption from obligation to hold a driving licence. PART VII. Regulation and Control of Public Service Vehicles. 84. Public service vehicle licenses. 85. Application for public service vehicle licences. 86. Restrictions on the grant of public service vehicle licences. 87. Duration of public service vehicle licences. 88. Annual fees on public service vehicle licences. 89. Devolution of public service vehicle licence on death. 90. Inspection of vehicles on application for public service vehicle licence. 91. Transfer of public service vehicle licences. 92. Appeal from refusal of public service vehicle licence. 93. Prohibition of use of unlicensed public service vehicle. 94. Penalty for using defective public service vehicle. 95. Issue of vehicle plates. 96. Obligation to carry vehicle plates on public service vehicles. 97. Periodical inspection of licensed public service vehicles. 98. Occasional inspection of licensed public service vehicles. 99. Powers incidental to inspection and examination. 100. Revocation of public service vehicle licences by a court. 101. Revocation and suspension of public service vehicle licence by the Commissioner. 102. Appeal against revocation or suspension of licence. 103. Duty of licensee to notify change of address. 104. Drivers' licences. 105. Conductors' licences. 106. Appeal from refusal of driver's or conductor's licence. 107. Renewal of driver's or conductor's licence. 108. Duration of drivers' and conductors' licences. 109. Annual fees on drivers' and conductors' licences. 110. Prohibition of unlicensed driver driving a public service vehicle. 111. Obligation to carry conductor in certain cases. 112. Prohibition of unlicensed conductor conducting a public service vehicle. 113. Issue of drivers' badges and conductors' badges. 114. Obligation to wear drivers' and conductors' badges. 115. Revocation and suspension of drivers' and conductors' licences by Commissioner. 116. Revocation and suspension by a court of drivers' and conductors' licences. 117. Duty of licensed driver or conductor to notify change of address. 118. Bye-laws in relation to the movements of large public service vehicles. 119. Restriction of omnibuses to approved roads. 120. Language of public notices and tickets of omnibuses. 121. Limitation on number of passengers. 122. Weekly period of rest for drivers and conductors. 123. Regulations in relation to conduct of passengers, drivers, and conductors. 124. Duty of passengers to pay fare, etc. 125. Penalty for damaging public service vehicle. 126. Penalty for failure to pay hire or fare. 127. Property left in public service vehicles. 128. Registers to be kept by the Commissioner. 129. Giving of registers in evidence. 130. Licences to continue in force. PART VIII. Special Provisions for Street Service Vehicles. 131. Definition of use as a street service vehicle. 132. Taximeter areas. 133. Restriction on use of private hire vehicles. 134. Taximeters on street service vehicles. 135. Illumination of taximeters at night. 136. Annual inspection and verification of taximeters. 137. Bye-laws in relation to standings for street service vehicles. 138. Colours of street service vehicles and uniforms of drivers. 139. Fare bye-laws. 140. Exhibiting notices of fare bye-laws in street service vehicles. 141. Prohibition of excessive fares. 142. Restriction on use of the word “taxi”. 143. Duty of street service vehicle driver to hirer. 144. Obligation of street service vehicle driver to accept hire. 145. Rights of street service vehicle driver against hirer. 146. Application of payments for prospective services. PART IX. Regulation of Traffic. 147. Bye-laws for the control of traffic generally. 148. Bye-laws for the control of traffic in relation to tramcars. 149. Bye-laws for the control of traffic in specified areas. 150. Parking places. 151. Attendants at parking places. 152. Obligation to pay fees in parking places. 153. Provision of vehicle stations by local authorities. 154. Prohibition of obstruction of traffic. 155. Prohibition of unauthorised travelling on vehicles. 156. Cyclists holding on to other vehicles. 157. Prevention of obstruction of traffic by fairs and markets. 158. Protection of bridges from excessive burdens. 159. Closing of particular roads to vehicles. 160. Saving for general power of the Commissioner. PART X. Lighting of Vehicles. 161. Lights to be carried on vehicles. 162. Lights on drawing and drawn vehicles. 163. Regulations in relation to lamps on vehicles. 164. Offences and penalties under this Part of this Act. PART XI. Miscellaneous. 165. Taking vehicle without authority. 166. Management of drawn vehicles. 167. Unauthorised interference with mechanism of vehicle. 168. Disposition of vehicle on arrest of driver, etc. 169. Limitations on periods of continuous driving. 170. Liability of Minister for Finance for negligent driving of State-owned vehicles. 171. Extension of personal liability for negligent driving. 172. Liability in respect of person driving with consent of owner. 173. Duty of driver on occurrence of an accident. 174. Reimbursement of hospitals. 175. Right to demand name and address of pedal cyclists. 176. Penalty for false declaration, etc. 177. Duty to give information or demand of member of the Gárda Síochána. 178. Identification of member of Gárda Síochána. 179. Keeping and use of petroleum. SCHEDULE. Enactments repealed. Acts Referred to Summer Time Act, 1925 No. 8 of 1925 Documentary Evidence Act, 1925 No. 24 of 1925 Courts of Justice Act, 1928 No. 15 of 1928 Local Government Act, 1925 No. 5 of 1925 Adaptation of Enactments Act, 1922 No. 2 of 1922 Courts of Justice Act, 1924 No. 10 of 1924 Road Transport Act, 1932 No. 2 of 1932 Weights and Measures Act, 1928 No. 3 of 1928 Number 11 of 1933. ROAD TRAFFIC ACT, 1933. AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO MECHANICALLY PROPELLED VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC, AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM NEGLIGENT DRIVING OF MECHANICALLY PROPELLED VEHICLES, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th June, 1933.]. BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Road Traffic Act, 1933. Commencement of Act. 2.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act. Definitions. 3.—In this Act— the expression “the Minister” means the Minister for Local Government and Public Health; the expression “the Commissioner” means the Commissioner of the Gárda Síochána; the word “vehicle” includes every kind of carriage, conveyance, or machine, however propelled or drawn, which is constructed or adapted for use on roads or on permanent rails laid on roads, whether such carriage, conveyance, or machine is supported on wheels, rollers, moving track, or sliding runners, and whether such carriage, conveyance, or machine is or is not used or capable of being used for the carriage of persons or of goods, but the said word does not include any carriage or conveyance which is carried and wholly supported by human beings or animals; the expression “mechanically propelled vehicle” does not include a tramcar or other vehicle running on permanent rails; the expression “public service vehicle” means a mechanically propelled vehicle used for the carriage of passengers for reward; the expression “large public service vehicle” means a public service vehicle having seating accommodation for more than six persons exclusive of the driver; the expression “small public service vehicle” means a public service vehicle which is not a large public service vehicle; the word “omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places; the word “charabanc” means a large public service vehicle which is for the time being used for the carriage of passengers for reward otherwise than as an omnibus; the expression “street service vehicle” means a small public service vehicle the driver of which offers in a public place himself and the said vehicle for hire and for that purpose stands or drives such vehicle in a public place; the expression “private hire vehicle” means a small public service vehicle which is used for the carriage of passengers for reward and is not a street service vehicle; the expression “pedal bicycle” means a bicycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon; the expression “pedal tricycle” means a tricycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon; the expression “pedal cyclist” means a person riding or having control or management of a pedal bicycle or a pedal tricycle; the expression “public place” means any street, road, or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge; the expression “fire brigade vehicle” means a mechanically propelled vehicle owned and maintained by a local authority for the purpose of extinguishing fires or any purpose incidental thereto or for the conveyance of persons employed for any such purpose by such local authority; the word “ambulance” means a mechanically propelled vehicle specially designed and constructed for the conveyance of sick or injured persons; the word “road” means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing, or wall forming part thereof; the word “roadway” means that portion of any road which is provided primarily for the use of vehicles; the word “footway” means that portion of any road which is provided primarily for the use of pedestrians; the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925), or any enactment amending that Act to be a period of summer time; the expression “lighting-up hours” means— (
- a)in relation to any time which is a period of summer time, the period commencing one hour after sunset on any day and expiring one hour before sunrise on the next day, and (
- b)in relation to any time which is not a period of summer time, the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day; the word “driving” when used in relation to a mechanically propelled vehicle includes managing and controlling, and the word “driver” and other cognate words shall be construed accordingly; the word “owner” when used in relation to a mechanically propelled vehicle which is the subject of a hiring agreement (other than a mere contract for the carriage of persons or goods) or a hire purchase agreement means the person in possession of such vehicle under such agreement; the expression “prescribed” means prescribed by regulations made by the Minister under this Act. Definition of pneumatic tyre. 4.—
(1)The Minister may by regulations made by him under this Act do all or any of the following things, that is to say:— (
- a)prescribe the characteristics and qualities to be possessed by a tyre in order that it may be a pneumatic tyre for the purposes of this Act, (
- b)declare that a tyre which, though not containing air under pressure, possesses certain specified characteristics or qualities shall be a pneumatic tyre for the purposes of this Act, (
- c)declare that a tyre which possesses certain specified characteristics or qualities shall not be a pneumatic tyre for the purposes of this Act notwithstanding that it contains air under pressure.
(2)If regulations are made under this section then, so long as such regulations remain in force, the expression “pneumatic tyre” shall wherever it occurs in this Act (except this section) mean a tyre which under such regulations is a pneumatic tyre for the purposes of this Act.
(3)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Application to persons and vehicles in the service of the State. 5.—
(1)Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.
(2)Part V of this Act does not apply to vehicles owned by the State or to persons driving such vehicles. General regulations. 6.—The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. Public inquiries. 7.—
(1)Whenever power is conferred on the Minister by this Act to make, approve of, confirm, or consent to any order, regulation or bye-law, to consent to any matter, to determine any appeal, difference, dispute, or other matter, or to take any other action, the Minister may before exercising such power hold a public inquiry into the matter which is the subject of such exercise of such power.
(2)Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this or any other section of this Act in like manner as the said Article applies in respect of the local inquiries mentioned therein. Approval of bye-laws by the Minister. 8.—
(1)Every bye-law made by the Commissioner under this Act which is required by this Act to be made with the consent of the Minister shall be submitted in the prescribed manner to the Minister for his approval.
(2)Whenever a bye-law is submitted to the Minister under this section the Minister shall either, as he shall think proper, refuse to approve of such bye-law, or approve thereof without modification, or make such modifications therein as he shall think proper and approve of such bye-law as so modified.
(3)Every bye-law approved of by the Minister under this section (whether with or without modification) shall be published in the prescribed manner.
(4)No such bye-law as is mentioned in the foregoing sub-sections of this section shall be of any force or effect unless or until it has been submitted to and approved of by the Minister and published in accordance with this section.
(5)Whenever the Commissioner proposes to make under this Act a bye-law which is required by this Act to be made after consultation with the local authority concerned, the following provisions shall have effect, that is to say:— (
- a)The Commissioner shall give to the council of every county, county borough, borough, and urban district and the commissioners of every town to which or to any part of which such bye-law is intended to apply notice of his intention to make such bye-law and the Commissioner shall consider all representations made to him by any such council or commissioners in respect of such proposed bye-law; (
- b)the Commissioner shall, if and when he submits such bye-law to the Minister under this section, give to every such council and commissioners notice of such submission and the Minister shall consider all representations made to him by any such council or commissioners in respect of such bye-law; (
- c)the Minister shall not approve of such bye-law before the expiration of one month after notice of the submission of such bye-law to him was given under this section to every such council and commissioners; (
- d)for the purposes of this sub-section a bye-law shall not be deemed to be intended to apply to any part of a county unless it is intended to apply to some part of such county which is not in any borough, urban district, or town; (
- e)in this sub-section the word “town” means a town having town commissioners under the Towns Improvement (Ireland) Act, 1854 . Proof of bye-laws. 9.—
(1)Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to every bye-law made under this Act by the Commissioner.
(2)Sub-section
(1)of section 6 of the Documentary Evidence Act, 1925 , is hereby amended by adding to the official documents mentioned in that sub-section bye-laws made by the Commissioner under this Act, and the said section 6 shall have effect accordingly. Finance. 10.—
(1)All expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of the Road Fund, and for that purpose there shall, in respect of every financial year, be paid into the Exchequer from the Road Fund at such times and in such manner as the Minister for Finance shall direct such sums as the Minister shall, with the concurrence of the Minister for Finance, determine to be the amount of the expenses so incurred in the execution of the Roads Act, 1920, and of this Act in that financial year.
(2)Where the Minister for Finance is satisfied that the amount of the expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act in any financial year cannot conveniently be determined, the sum payable under this section into the Exchequer from the Road Fund in respect of such expenses may, with the sanction of the Minister for Finance, be calculated in any manner approved of by the Minister for Finance and, in particular, may be determined as a percentage of the total amounts paid into the Road Fund from any source in that financial year.
(3)Any expenses which are by virtue of this section to be defrayed out of the Road Fund may, with the sanction of the Minister for Finance, be paid directly out of the Road Fund, and any salary or remuneration of any person so paid directly out of the Road Fund shall for the purposes of the Superannuation Acts, 1834 to 1923, be deemed to be paid out of moneys provided by the Oireachtas.
(4)Where, in the opinion of the Minister and of the Minister for Finance, any expenses which were incurred after the 1st day of April, 1932, and before the coming into operation of this section and were paid out of the Exchequer, would, if sub-section
(3)of this section had been in operation at the time when such expenses were so incurred, have been paid directly out of the Road Fund, the amount of such expenses shall be refunded to the Exchequer from the Road Fund at such time and in such manner as the Minister for Finance shall direct.
(5)The expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920 , or of this Act in any financial year shall, for the purposes of this section, be deemed to include such charges in respect of superannuation and other allowances and gratuities payable on death or retirement as the Minister shall, with the concurrence of the Minister for Finance, determine to be proper.
(6)Sub-section
(4)of section 3 of the Roads Act, 1920 , shall be construed and have effect as if paragraphs (
- b)and (
- c)of that sub-section were omitted therefrom and as if the expenses required by this section to be defrayed out of the Road Fund were included in the expenses mentioned in paragraph (
- e)of the said sub-section. Disposal of fees and of fines. 11.—
(1)Save as is otherwise expressly provided by this Act, all fees and other sums received by the Commissioner under this Act or regulations made thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
(2)Save as is otherwise expressly provided by this Act, all fines imposed by a court of summary jurisdiction in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.
(3)All moneys paid into or disposed of for the benefit of the Exchequer under this section shall, for the purposes of section 2 of the Roads Act, 1920 , be deemed to have been paid into the Exchequer under that Act. Saving for indictment for nuisance. 12.—Nothing in this Act shall authorise any person to use upon a highway a mechanically propelled vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in this Act, be liable to an indictment or action, as the case may be, for such use when, but for the passing of this Act, such indictment or action could be maintained. Repeals. 13.—
(1)The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(2)Every provision in any enactment (whether of general or local application) which either— (
- a)is of similar or corresponding effect as or is inconsistent with any section or sub-section of this Act, or (
- b)confers on any person a power of making orders, regulations, or bye-laws, or of issuing licences similar or corresponding to or inconsistent with a power of making orders, regulations, or bye-laws or of issuing licences (whether of the same or wider local application or of general application) conferred by any section or sub-section of this Act on the same or another person, shall, to the extent of such similarity, correspondence, or inconsistency (as the case may be), cease to have effect immediately upon the commencement of such section or sub-section.
(3)Every mechanically propelled vehicle which, if the Locomotives on Highways Act, 1896, were not repealed by this Act, would, by virtue of paragraph (b) of the proviso to sub-section
(1)of section 1 of that Act, be a carriage or a carriage of a particular class within the meaning of any enactment, rule, regulation, or bye-law not repealed or terminated by this section shall continue to be a carriage or a carriage of that particular class (as the case may be) within the meaning of such enactment rule, regulation, or bye-law. PART II. Classification, etc., of Mechanically Propelled Vehicles. Classification of mechanically propelled vehicles. 14.—
(1)Mechanically propelled vehicles shall, for the purposes of this Act, be divided into four classes, namely, motor cycles, light motor vehicles, heavy motor vehicles, and locomotives.
(2)For the purposes of this Act a mechanically propelled vehicle shall be a motor-cycle if and whenever and so long as it complies with all the following conditions, that is to say:— (
- a)it does not exceed eight hundredweight in weight unladen; and (
- b)it is supported exclusively by wheels in direct contact with the ground; and (
- c)it has not more than three wheels; and (
- d)it has all its wheels fitted with pneumatic tyres.
(3)For the purposes of this Act a mechanically propelled vehicle shall be a light motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:— (
- a)it is not a motor cycle; and (
- b)where it is fitted with a body designed and constructed for the carriage of passengers, it does not exceed three tons in weight unladen or, where either it is fitted with a body not so constructed and designed or is not fitted with a body, it does not exceed two tons in weight unladen; and (
- c)where it is fitted with a body designed and constructed for the carriage of passengers, it has not seating accommodation for more than six persons excluding the driver thereof; and (
- d)it is supported exclusively by wheels in direct contact with the ground; and (
- e)it has all its wheels fitted with pneumatic tyres; and (
- f)it is not being used for the traction of more than one other vehicle; and (
- g)if and when it is used for the traction of another vehicle such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres.
(4)For the purposes of this Act a mechanically propelled vehicle shall be a heavy motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:— (
- a)it is neither a motor cycle nor a light motor vehicle; and (
- b)it does not exceed seven and one-quarter tons in weight unladen; and (
- c)if and when used for the traction of another vehicle, the total of the weights unladen of such mechanically propelled vehicle and such other vehicle does not exceed nine and three-quarter tons; and (
- d)it is supported exclusively by wheels in direct contact with the ground; and (
- e)it has all of its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material; and (
- f)it is not being used for the traction of more than one other vehicle; and (
- g)if and when it is used for the traction of another vehicle, such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material.
(5)For the purposes of this Act, a mechanically propelled vehicle shall be a locomotive if and whenever and so long as it is neither a motor cycle, a light motor vehicle, nor a heavy motor vehicle.
(6)The Minister may at any time and from time to time by order do all or any of the following things, that is to say:— (
- a)vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a motor cycle for the purposes of this Act; (
- b)vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a light motor vehicle for the purposes of this Act; (
- c)vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a heavy motor vehicle for the purposes of this Act; (
- d)revoke, amend, or vary any order previously made by him under this sub-section.
(7)No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each House. Construction and equipment of mechanically propelled vehicles. 15.—
(1)The Minister may by order make, in relation to mechanically propelled vehicles and vehicles drawn by mechanically propelled vehicles, regulations in respect of all or any of the following matters, that is to say:— (
- a)the construction of such vehicles; (
- b)the conditions under which such vehicles may be used; (
- c)the equipment, fittings, and instruments to be fitted to or carried on such vehicles, and in particular instruments for giving audible warning of the presence of such vehicles and instruments for giving visible warning to the rear of the intention of such vehicles to stop; (
- d)the misuse of the machinery of such vehicles, including the use of such vehicles when the machinery thereof is in a defective condition; (
- e)the discharge of soot, ashes, oil, steam or gas from such vehicles; (
- f)the use and misuse of the equipment, fittings, and instruments fitted to or carried on such vehicles either voluntarily or in pursuance of this Act or regulations made thereunder; (
- g)the amount of noise emitted by such vehicles or the load (if any) thereon whether occasioned by the construction or the defective condition of such vehicles or the machinery, equipment, fittings, or instruments thereof or by the use or misuse of such vehicles, machinery, equipment, fittings, or instruments or by the nature, packing or stowage of the load (if any) carried on such vehicles; (
- h)the internal furnishing and fitting of public service vehicles; (
- i)the words, letters, figures, and other marks to be affixed to or painted on such vehicles and the manner and place in which such marks are to be so affixed or painted; (
- j)the number of vehicles which may be drawn at any one time by a mechanically propelled vehicle or by a mechanically propelled vehicle of a particular class, and the method of attachment of vehicles drawn by a mechanically propelled vehicle to such vehicle and (where appropriate) to one another.
(2)Different regulations may be made under this section in relation to different kinds of mechanically propelled vehicles and different kinds of vehicles drawn by mechanically propelled vehicles.
(3)The Minister shall by the regulations made by him under this section provide for the compulsory carrying on every mechanically propelled vehicle of a proper instrument for giving audible warning of the presence of such vehicle.
(4)It shall not be lawful for any person to use on any road a mechanically propelled vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations or to draw by means of a mechanically propelled vehicle on any road a vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations.
(5)Every person who uses a mechanically propelled vehicle in contravention of this section or who draws a vehicle by means of a mechanically propelled vehicle in contravention of this section or does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(6)In this Act the expression “regulations for the construction and equipment of mechanically propelled vehicles” means the regulations made under this section and for the time being in force in relation to the vehicle or class of vehicles in relation to which the expression is used.
(7)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Maximum weights of mechanically propelled vehicles. 16.—
(1)The Minister may by order make regulations for all or any of the following purposes, that is to say:— (
- a)prescribing the maximum weight unladen of locomotives; (
- b)prescribing the maximum weight unladen of vehicles drawn by mechanically propelled vehicles; (
- c)prescribing the maximum weight laden of mechanically propelled vehicles and of vehicles drawn by mechanically propelled vehicles; (
- d)prescribing the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn by a mechanically propelled vehicle; (
- e)prescribing the manner in which and the conditions under which any particular weights prescribed by the regulations are to be ascertained.
(2)Different regulations may be made under this section in respect of different places or areas and in respect of different classes of vehicles.
(3)Every person who uses on any road— (
- a)a vehicle of which the weight unladen exceeds the maximum weight unladen prescribed by regulations made under this section and applicable to such vehicle, or (
- b)a laden vehicle of which the weight as then laden exceeds the maximum weight laden prescribed by regulations made under this section and applicable to such vehicle, or (
- c)a vehicle which or part of which transmits to the ground a greater weight than the maximum weight prescribed in respect of such transmission by regulations made under this section and applicable to such vehicle, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(4)Whenever a member of the Gárda Síochána observes a vehicle which he suspects of being then used in such manner as to constitute an offence under this section, such member may require the person in charge of such vehicle to do all or any of the following things, that is to say:— (
- a)forthwith to bring such vehicle with the load (if any) thereon to a weigh-bridge maintained under this Act named by such member and not more than two miles distant by the shortest available route from the place at which such requisition is made; (
- b)to carry such member to such weigh-bridge in such vehicle; (
- c)to procure such vehicle with the load (if any) thereon to be weighed on such weigh-bridge in the presence of such member. Whenever a person in charge of a vehicle fails or refuses to do anything which he is required under this sub-section by a member of the Gárda Síochána to do, such failure or refusal shall be an offence under this section and such person upon summary conviction thereof shall be liable in respect of each such offence to a fine not exceeding ten pounds.
(5)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Special permits for particular vehicles. 17.—
(1)The Minister may by order make regulations for all or any of the following purposes, that is to say:— (
- a)the issue of special permits authorising particular vehicles which contravene one or more regulations made under this Part of this Act to be driven on roads notwithstanding such contravention; (
- b)prescribing the limitations, restrictions, and conditions which shall or may be inserted in such special permits including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to roads which may arise from the driving of the vehicles to which such special permits relate; (
- c)prescribing the persons by whom such special permits may be issued and in particular providing for the issue of such special permits by particular officers of local authorities; (
- d)prescribing the manner in which and the persons to whom application for such special permits shall be made.
(2)Notwithstanding anything contained in this Part of this Act, the driving of a mechanically propelled vehicle on a road under and in accordance in all respects with a special permit issued in respect of such vehicle under regulations made under this section shall not be a contravention of any provision of this Part of this Act. Calculation of the weight of mechanically propelled vehicles. 18.—
(1)For the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, the weight unladen of any vehicle shall, save as is otherwise provided by or under this Act, be taken to be the weight of the vehicle inclusive of the body and all parts which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel, or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.
(2)In the case of a mechanically propelled vehicle— (
- a)of which the weight unladen would exceed seven and one quarter tons when calculated under the foregoing sub-section, and (
- b)which is fitted with a permanent or substantially permanent body or superstructure designed and constructed for a special purpose other than the carrying of passengers or goods or any particular class of goods, the weight unladen of such vehicle shall (save as is otherwise provided by or under this Act) be deemed, for the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, to be seven and one quarter tons. Provision of weigh-bridges. 19.—
(1)Every council charged with the maintenance of a road may erect at such places on or adjacent to such road as it thinks proper and shall, when required by the Minister so to do, erect at such places on or adjacent to such roads as the Minister directs, machines (in this Act referred to as weigh-bridges) of the prescribed dimensions, power, design, and construction for the weighing of vehicles.
(2)Every council owning a weigh-bridge erected under an enactment repealed by this Act or erected under this section shall maintain such weigh-bridge in good condition and proper order and shall make such weigh-bridge available for the weighing of vehicles at all reasonable times and for that purpose shall provide such staff as may be necessary to operate such weigh-bridge.
(3)Every council maintaining a weigh-bridge under this section may charge for the weighing of vehicles thereon (other than vehicles weighed thereon by direction and in the presence of a member of the Gárda Síochána) such fees as shall be approved of by the Minister.
(4)All expenses incurred by a council in the erection or the maintenance and operation of a weigh-bridge under this section shall be defrayed out of the fees charged under this section for weighing vehicles thereon and, if and so far as such fees are not sufficient to defray such expenses, such expenses shall be deemed to be expenses of maintaining the road on or adjacent to which such weigh-bridge is erected and shall be defrayed accordingly. Calculation of passenger accommodation of mechanically propelled vehicles. 20.—
(1)The Minister may by regulations made by him under this Act prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any classes or class of such vehicles, and may in such regulations distinguish between sitting accommodation and standing accommodation and between accommodation for adults and accommodation for children.
(2)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. PART III. Licences to Drive Mechanically Propelled Vehicles. Licensing authority. 21.—In this Part of this Act the expression “licensing authority” means the council of a county or of a county borough. Prohibition of driving mechanically propelled vehicle without licence. 22.—
(1)It shall not be lawful for any person to drive a mechanically propelled vehicle on any road unless he holds a licence (in this Act referred to as a driving licence) granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle.
(2)It shall not be lawful for the owner of a mechanically propelled vehicle to employ another person to drive such mechanically propelled vehicle on any road unless the person so employed holds a driving licence granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle.
(3)Every person who drives or who employs another person to drive a mechanically propelled vehicle in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.
(4)Every person who is summarily convicted of the offence under this section of driving a mechanically propelled vehicle in contravention of this section and was at the time he committed such offence disqualified for holding a driving licence shall be liable to the following punishment in lieu of the punishment mentioned in the foregoing sub-section, that is to say, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. Restrictions on the holding of driving licences. 23.—
(1)No person under the age of sixteen years shall hold a driving licence.
(2)No person shall hold at any time more than one driving licence which is for the time being in force. Applications for driving licences. 24.—
(1)Any person who is not under the age of sixteen years and is not f or the time being disqualified by or under this Act for holding a driving licence may apply to the licensing authority in whose functional area he ordinarily resides or carries on business for the grant to him by such authority of a driving licence or, where the circumstances so require, of a renewal of a driving licence then or previously held by him.
(2)Every application under this section shall be in the prescribed form and shall be signed by the applicant and shall state the age of the applicant and such other particulars as shall be prescribed and shall either be accompanied by a certificate of fitness granted under Part VI of this Act to the applicant within one month before the date of the application or contain or be accompanied by a declaration in the following form signed by the applicant, that is to say:— “I hereby declare that to the best of my knowledge I am not suffering from any disease or physical or mental disability which would be likely to cause the driving of a mechanically propelled vehicle in a public place by me to be a source of danger to the public.”
(3)A statement in an application under this section that the applicant is over the age of twenty-one years shall be a statement of the age of the applicant within the meaning of the foregoing sub-section of this section.
(4)Where an application under this section is for the grant of a driving licence by way of renewal of a previously granted licence and the licensing authority to whom such application is made holds a certificate of fitness lodged by the applicant for the purpose of a previous application under this section, such first-mentioned application may, in lieu of a certificate of fitness, be accompanied by or contain a declaration in the following form signed by the applicant, that is to say:— “I hereby declare to the best of my knowledge that since the issue to me of the certificate of fitness dated the day of I have not suffered any new or increased physical or mental disability which would affect the validity of that certificate.”
(5)If any person signs a declaration under this section which is false to his knowledge he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
(6)In any prosecution for an offence under this section, proof that the person so prosecuted is the holder of a driving licence granted after the commencement of this Part of this Act shall be evidence, until the contrary is proved, that a declaration in the form required by this section has been signed by such person. Granting of driving licences. 25.—
(1)When an application is duly made under and in accordance with this Part of this Act to a licensing authority for a driving licence and there has been paid to such licensing authority by the applicant the excise duty for the time being required by law to be paid on the taking out of a driving licence, such licensing authority shall, unless it appears to them that the applicant is under the age of sixteen years or is disqualified by or under this Act for holding a driving licence or neither ordinarily resides nor carries on business in their functional area, grant to such applicant a driving licence.
(2)Every driving licence shall be in the prescribed form and shall contain a statement of the age of applicant as stated by him in his- application for such licence, the date on which such licence commences under this section, and such other matters as are required by this Act to be contained therein.
(3)A driving licence granted under this section by a licensing authority to a person who holds or held a driving licence pre viously granted to him by such licensing authority which either is still in force or expired within the previous three months may be so granted by way of renewal of such previously granted licence.
(4)Where the person to whom a driving licence is granted under this section by a licensing authority holds at the time of such grant a driving licence previously granted to him by the said or any other licensing authority and still unexpired, the first-mentioned driving licence shall commence immediately after the expiration of such previously granted licence, and in every other case a driving licence granted by a licensing authority shall commence immediately upon the grant thereof.
(5)Where a person satisfies a licensing authority that a driving licence granted to him by such licensing authority has been lost, mutilated, or destroyed, such licensing authority may issue to such person a duplicate of such licence and may charge therefor a fee not exceeding one shilling. Operation of driving licences. 26.—
(1)Save as hereinafter otherwise provided, every driving licence granted after the commencement of this Part of this Act shall operate and be expressed to operate to license the person to whom it is granted— (
- a)if or when such person has attained the age of sixteen years and is under the age of seventeen years, to drive a motor cycle, and (
- b)if or when such person has attained the age of seventeen years and is under the age of eighteen years, to drive any kind of light motor vehicle or motor cycle, and (
- c)if or when such person has attained the age of eighteen years and is under the age of twenty-one years, to drive any kind of mechanically propelled vehicle except a heavy motor vehicle or a locomotive while such vehicle or locomotive is actually carrying passengers for reward, and (
- d)if or when such person has attained the age of twenty-one years, to drive any kind of mechanically propelled vehicle.
(2)Where a person holds, at the commencement of this Part of this Act, a licence granted to him under section 3 of the Motor Car Act, 1903, and in force at such commencement, whichever of the following provisions is applicable shall have effect, that is to say:— (
- a)if such person held a licence or licences under the said section 3 continuously during a period of not less than six months ending at such commencement, such licence or the later of such licences (as the case may
- be)and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive any class of mechanically propelled vehicle which such licence licensed him to drive immediately before such commencement, or (
- b)if such person held a licence or licences under the said section 3 continuously during a period of less than six months but not less than two months ending at such commencement and was immediately before such commencement driving a mechanically propelled vehicle for the purpose or in the course of earning his livelihood, such licence or the later of such licences (as the case may
- be)and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive the mechanically propelled vehicle which he was so driving as aforesaid and any other mechanically propelled vehicle of the same class as that vehicle.
(3)Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of limited fitness shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and is equipped with the special fittings or special features mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as they are specified and described in such certificate or latest certificate, as the case may be.
(4)Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of fitness to drive an invalid carriage shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and of the special design and construction mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as it is specified and described in such certificate or latest certificate, as the case may be. Signing of driving licence by grantee thereof. 27.—
(1)It shall be the duty of every person to whom a driving licence is granted after the commencement of this Part of this Act forthwith to sign his name on such licence in the place indicated in that behalf therein.
(2)Notwithstanding anything contained in this Act, no driving licence granted after the commencement of this Part of this Act shall be in force or of any effect until the person to whom it is granted has signed his name thereon in accordance with this section. Duration of driving licence. 28.—Subject to the provisions of this Part of this Act, every driving licence shall remain in force for twelve months from the date on which it commences and shall then expire. Driving mechanically propelled vehicle when unfit. 29.—Every person who drives a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of such vehicle by him in a public place to be a source of danger to the public shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds. Driving mechanically propelled vehicle while drunk. 30.—
(1)Every person who drives or attempts to drive a mechanically propelled vehicle in a public place while he is drunk shall be guilty of an offence under this section and on summary conviction thereof shall be liable, in the case of a first offence under this section, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or any subsequent offence under this section to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(2)Whenever a person is convicted of an offence under this section the court by whom such person is so convicted shall make an order (in this Act referred to as a consequential disqualification order) declaring such person to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order but not less than the appropriate minimum period.
(3)For the purposes of this section but no further or otherwise a person shall be deemed to have been drunk while driving or attempting to drive a mechanically propelled vehicle if the court is satisfied that such person was, by reason of the consumption by him of intoxicating liquor or by reason of his having taken drugs, in such condition that he was incapable of exercising effective control over such vehicle while in motion.
(4)Whenever a member of the Gárda Síochána is of opinion that an offence under this section is being or has been committed he may arrest without warrant the person believed by him to be committing or to have committed such offence.
(5)Where a person is convicted by a Justice of the District Court of an offence under this section an appeal shall lie from such conviction to the Judge of the Circuit Court within whose Circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and conclusive, and on the hearing of such appeal such Judge shall, if he affirms such, conviction, confirm the consequential disqualification order made in respect of such person but may, in case the period specified in such order exceeds the appropriate minimum period, reduce the period specified in such order to such period (not being less than the appropriate minimum period) as he shall think proper.
(6)In this section the expression “the appropriate minimum period” means— (
- a)in relation to the first conviction of a person under this section, twelve months from the date of such conviction; (
- b)in relation to the second or any subsequent conviction of a person under this section, three years from the date of such conviction. Ancillary disqualification orders. 31.—
(1)Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence under the next foregoing section of this Act) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court by whom such person is so convicted may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person so convicted to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order.
(2)In every case in which an appeal may be brought in respect of the conviction of any person by any court of an offence on conviction of which an ancillary disqualification order may be made, the court having jurisdiction to hear such appeal shall have jurisdiction to confirm, annul or vary an ancillary disqualification order.
(3)An ancillary disqualification order made by a Justice of the District Court shall be subject to appeal in like manner as if such order were an order for the payment of a penal sum by the person against whom such order is made and section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928) shall apply and have effect accordingly. Special disqualification orders. 32.—
(1)Where an officer of the Gárda Síochána not below the rank of superintendent suspects that a person who is the holder of a driving licence is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this sub-section in respect of such person, and if such Justice is satisfied that such person is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle he may make an order declaring such person to be disqualified by reason of the mental or physical disability specified in such order for holding a driving licence during such period as such Justice shall think proper and shall specify in such order.
(2)A disqualification order made under this section may, if the Court making such order so thinks fit, authorise the person disqualified by such order to apply for a certificate of limited fitness or a certificate of fitness to drive an invalid carriage and, if he obtains such certificate, to receive and hold such driving licence as is permitted by this Act to be granted to a person holding such certificate.
(3)No order shall be made under this section in respect of any person unless not less than ten days previous notice in writing of the application for such order has been given to such person.
(4)Orders made under this section are referred to in this Act as special disqualification orders. Operation of disqualification orders. 33.—
(1)A person in respect of whom a disqualification order is made shall be disqualified for holding a driving licence during the period specified in that behalf in such order, and the driving licence (if any) held by such person at the date of such order shall be suspended until the expiration of such period or the expiration of such licence, whichever first happens.
(2)The operation of a disqualification order shall not be suspended or postponed by reason of an appeal being brought against such order or against the conviction as a result of which such order is made unless the court by which such order is made otherwise directs.
(3)Whenever a disqualification order is made in respect of a person who is, at the date of such order, the holder of a driving licence, such person shall, within five days after the making of such order, deliver such licence to the district court clerk of the district in which such order was made and such clerk shall thereupon send such licence to the licensing authority by which it was issued and such licensing authority shall retain such driving licence but shall, if the period of suspension under this section of such licence expires before such licence expires, return such licence to such person on demand made after the expiration of such period of suspension and before the expiration of such licence.
(4)Every person who is required by this section to deliver a driving licence to a district court clerk and fails so to deliver such licence within the time limited in that behalf by this section shall be guilty of an offence under this section and on summary conviction thereof shall, unless he satisfies the court that owing to the destruction of such licence or for any other reason he is unable to deliver such licence in accordance with this section, be liable to a fine not exceeding five pounds and a further fine not exceeding one pound for every day during which the offence continues.
(5)In this section the expression “disqualification order” includes a consequential disqualification order, an ancillary disqualification order, and a special disqualification order. Discharge of special disqualification orders. 34.—
(1)Any person in respect of whom a special disqualification order has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the date of such order and before the expiration of the period of disqualification specified in such order, apply to a Justice of the District Court having jurisdiction in the place where such person ordinarily resides for the discharge of such order and such Justice may, as he shall think proper having regard to all the circumstances of the case, either refuse such application or make an order discharging such special disqualification order as from such date as he shall think proper and shall specify in such order.
(2)Whenever an order is made under this section discharging a special disqualification order the period of disqualification specified in such special disqualification order shall for all purposes be deemed to expire on the date specified in such first-mentioned order for the discharge of such special disqualification order.
(3)When an application under this section for the discharge of a special disqualification order has been made and refused no application shall be made under this section for the discharge of the same special disqualification order within three months after such refusal.
(4)No order shall be made under this section discharging a special disqualification order unless not less than ten days previous notice in writing of the application for such order has been given to the superintendent of the Gárda Síochána for thedistrict in which the person making such application ordinarily resides. Endorsement of driving licences. 35.—
(1)Whenever a person who is the holder of a driving licence is convicted of an offence in connection with the driving of a mechanically propelled vehicle, the court may, if it does not make a consequential disqualification order or an ancillary disqualification order, cause particulars of such conviction to be endorsed in the prescribed manner on such licence.
(2)Whenever a person who is the holder of a driving licence is convicted of an offence in connection with the driving of a mechanically propelled vehicle and a consequential disqualification order or an ancillary disqualification order is made by the court on the conviction of such person of such offence, the court shall cause particulars of such conviction and such order to be endorsed in the prescribed manner on such licence.
(3)Whenever a special disqualification order is made in relation to any person the court shall cause particulars of such order to be endorsed in the prescribed manner on the driving licence (if any) held by such person. Notification of orders and endorsements. 36.—Whenever a court makes a consequential disqualification order, an ancillary disqualification order, or a special disqualification order or an order annulling or varying any such disqualification order or an order discharging a special disqualification order or (without making any such disqualification order) causes particulars of a conviction to be endorsed on a driving licence, such court shall cause notice of such order or endorsement to be sent to the Minister who shall notify all licensing authorities in Saorstát Éireann of such order or endorsement. Transfer of endorsement to new licence. 37.—
(1)Whenever a driving licence (hereinafter referred to as the new licence) is granted under this Part of this Act to a person who is at the time of such grant or was previously thereto the holder of a driving licence (hereinafter referred to as the previous licence) which was endorsed under this Part of this Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act.
(2)Where a person who is or has been the holder of a driving licence endorsed under this Part of this Act applies under and in accordance with this Act for a driving licence and satisfies the licensing authority to whom he so applies that during a continuous period of not less than three years or a series of discontinuous periods amounting in the aggregate to not less than ? five years he has lawfully held a driving licence and that from the commencement of such continuous period or the first of such discontinuous periods (as the case may be) until the date of such application he has not had a driving licence held by him endorsed under this Part of this Act otherwise than by a licensing authority endorsing under this section a new licence, the driving licence (if any) granted by such licensing authority to such person on such application shall be granted without any endorsement under this Part of this Act and shall not be for any purpose a licence endorsed under this Part of this Act and shall, if such person at the time of such application holds an unexpired driving licence and surrenders such driving licence to such licensing authority, commence immediately upon the grant thereof. Penalties for obtaining licence when disqualified, etc. 38.—
(1)If any person in respect of whom a consequential disqualification order or an ancillary disqualification order or a special disqualification order has been made applies for or obtains, before the expiration of the period of disqualification specified in such order, a driving licence (other than such (if any) driving licence as he may be authorised by such order to hold) he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(2)If any person whose driving licence or (in the case of a person who does not hold a driving licence) whose last driving licence is or was endorsed under this Part of this Act applies for or obtains a driving licence without giving particulars of such endorsement he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(3)Whenever a person obtains a driving licence and is subsequently convicted of an offence under this section in respect of the obtaining of such licence, such licence shall be and be deemed always to have been void and of no effect. Production of driving licences on demand by member of Gárda Síochána. 39.—
(1)Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of his driving licence, and if such person refuses or fails to produce such licence there and then he shall, unless within five days after the date on which such production was demanded he produces his licence in person to a member of the Gárda Síochána at a Gárda Síochána station to be named by such person at the time at which such production was so demanded, be guilty of an offence under this section.
(2)Whenever any person of whom the production of his driving licence is lawfully demanded under this section produces such licence, but refuses or fails to permit the member of the Gárda Síochána making such demand to read such licence, he shall be guilty of an offence under this section.
(3)Whenever any person of whom the production of his driving licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails or refuses to permit the member of the Gárda Síochána making the demand to read such licence, or whenever any person produces his driving licence at a Gárda Síochána station in accordance with the provisions of sub-section
(1)of this section but fails or refuses to permit the member of the Gárda Síochána to whom such licence is so produced to read it, such member may demand of such person his name and address and if such person refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.
(4)Any member of the Gárda Síochána may arrest without warrant— (
- a)any person who in pursuance of this section produces his driving licence to such member but refuses or fails to permit such member to read it, or (
- b)any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or an address which is known to such member to be false or misleading.
(5)Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.
(6)A person who, when producing a driving licence to a member of the Gárda Síochána in pursuance of this section, permits such member to see and read so much of such licence as contains the name, address, and signature (if any) of the person to whom such licence was granted, the date on which it was granted, and the licensing authority by whom it was granted shall for the purposes of this section be deemed to have permitted such member to read such licence.
(7)A person who, when the production of his driving licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of this section. Writing of signature on demand by member of Gárda Síochána. 40.—Any member of the Gárda Síochána may request any person driving a mechanically propelled vehicle or producing his driving licence at a Gárda Síochána station in pursuance of the next preceding section to sign his name in a book and with a pencil to be provided by such member and at the place in such book indicated by such member, and if such person on being so requested and on being provided with such book and pencil refuses or neglects to sign his name in such book or with such pencil or at the place in such book indicated by such member he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Production of driving licences to court. 41.—
(1)Whenever the holder of a driving licence is convicted of any offence in connection with the driving of a mechanically propelled vehicle he shall, if so requested by the court by whom he is so convicted, produce such licence and if he fails to do so he shall be guilty of an offence under this section.
(2)Whenever an application is made for a special disqualification order the person in respect of whom such application is made shall, if and when so requested by the court hearing such application, produce such licence and if he fails to do so shall be guilty of an offence under this section.
(3)Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds. Grant of licences to non-residents. 42.—
(1)The Minister may make provision for the grant by licensing authorities or other persons of driving licences to persons who ordinarily reside outside Saorstát Éireann, and for this purpose may by order make regulations in relation to all or any of the following matters, that is to say:— (
- a)the persons by whom such licences may be granted; (
- b)the fees if any to be paid in respect of the grant of such licences; (
- c)the disposition of such fees; (
- d)any other matter or thing incidental to the grant of such licences.
(2)So much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references therein to the Motor Car Act, 1903, there were substituted references to this Part of this Act.
(3)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Regulations in relation to driving licences. 43.—
(1)The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (
- a)the granting of driving licences by licensing authorities; (
- b)the registers to be kept by licensing: authorities of grants of driving licences; (
- c)the issue by licensing authorities of duplicate licences in place of driving licences lost, destroyed, or mutilated; (
- d)the communication of particulars of driving licences granted by licensing authorities to other licensing authorities; (
- e)the making available for the use of members of the Gárda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act; (
- f)the prevention of the issue (otherwise than by way of renewal) of a driving licence to a person who holds a driving licence.
(2)Every licensing authority shall comply with all regulations made under this section and for the time being in force.
(3)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation. Offences by officers of licensing authorities. 44.—Every officer of a licensing authority who, in purported performance of his duty as such officer, does any act (whether of commission or omission) which is a contravention by such licensing authority of this Act or a regulation made thereunder or who, either alone or in conspiracy with another person, causes or attempts to cause such licensing authority to do any act (whether of commission or omission) which is a contravention of this Act or a regulation made thereunder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months. Effect of existing licences under the Motor Car Act, 1903. 45.—
(1)Every licence granted under section 3 of the Motor Car Act, 1903, and bearing date as of a day prior to the commencement of this Part of this Act and in force at the commencement of this Part of this Act shall (notwithstanding that it bears a date prior to the commencement of this Part of this Act) be deemed to be a driving licence granted under this Part of this Act as of the date such licence actually bears and accordingly every such licence shall have the like force and effect after the commencement of this Part of this Act as it would have had if it had been granted under this Part of this Act as of the date it actually bears.
(2)Where a licence granted under section 3 of the Motor Car Act, 1903, was at the commencement of this Part of this Act suspended by an order of the court under section 4 of that Act the person who is the holder of such licence shall, for the purposes of this Part of this Act, be deemed to have been disqualified for holding a driving licence during the period of such suspension by virtue of an ancillary disqualification order made under this Part of this Act as of the date on which such first mentioned order was made.
(3)Where an order disqualifying a person for holding a licence under section 3 of the Motor Car Act, 1903, made by the court under section 4 of the said Act is in force at the commencement of this Part of this Act, such order shall after the passing of this Act be deemed to be an ancillary disqualification order made by the court under this Part of this Act as of the date on which such first mentioned order was made and shall have effect accordingly.
(4)Where a licence granted under section 3 of the Motor Car Act, 1903, has been endorsed under section 4 of that Act, such endorsement shall for the purposes of this Part of this Act be deemed to have been made under this Part of this Act as of the date of such endorsement. PART IV. Speed Limits for Mechanically Propelled Vehicles. Ordinary speed limits. 46.—
(1)The speed of twenty-five miles an hour shall be the ordinary speed limit for light motor vehicles when being used for the traction of another vehicle.
(2)The following speeds shall be the ordinary speed limits for heavy motor vehicles of which all the wheels are fitted with pneumatic tyres, that is to say:— (
- a)in the case of any such vehicle which is a large public service vehicle— (
- i)if it is fitted with a floor for the seating of passengers the whole or any part of which is vertically above the whole or any part of another such floor, the speed of twenty miles an hour, or (
- ii)if it is not so fitted, the speed of thirty-five miles an hour; (
- b)in the case of any such vehicle which is not a large public service vehicle— (
- i)when it is used for the traction of a vehicle of which all or some of the wheels are not fitted with pneumatic tyres, the speed of ten miles an hour, (
- ii)when it is used for the traction of a vehicle of which all the wheels are fitted with pneumatic tyres, the speed of twenty miles an hour, (iii) when it is used otherwise than for the traction of another vehicle, the speed of twenty-five miles an hour.
(3)The following speeds shall be the ordinary speed limits for heavy motor vehicles of which all or some of the wheels are not fitted with pneumatic tyres, that is to say:— (
- a)when it is used for the traction of another vehicle, the speed of ten miles an hour; (
- b)when it is used otherwise than for the traction of another vehicle, the speed of fifteen miles an hour.
(4)The following speeds shall be the ordinary speed limits for locomotives, that is to say:— (
- a)in the case of a locomotive of which all the wheels are fitted with pneumatic tyres or other tyres of a soft or elastic material and which is being used either for the traction of one other vehicle only or otherwise than for the traction of another vehicle, the speed of ten miles an hour; (
- b)in any case to which the foregoing paragraph does not apply, the speed of five miles an hour.
(5)In this Act the expression “ordinary speed limit” means the speed which is by virtue of this section the ordinary speed limit for the mechanically propelled vehicle in relation to which the expression is used and in the circumstances to which the context refers. Variation of ordinary speed limits. 47.—
(1)The Minister may by order, if and whenever he thinks proper, vary by way of increase or reduction the ordinary speed limit fixed by this Part of this Act or by a previous order under this section in respect of any particular class or description of mechanically propelled vehicles.
(2)The Minister may by order, if and whenever he thinks proper, alter (by addition, omission, or variation) the class or description of mechanically propelled vehicles to which an ordinary speed limit fixed by this Part of this Act or a previous order under this section applies.
(3)Whenever an order is made by the Minister under this section, this Part of this Act shall, while such order is in force, have effect subject to the provisions of such order.
(4)No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House. Special speed limits. 48.—
(1)Subject to the provisions of this section, the Minister may, after holding a public inquiry, by order make regulations prescribing in respect of any specified road or of all the roads in any specified area the speed which shall either at all times or during specified periods or on specified occasions be the special speed limit on such road or roads for all or any classes or class of vehicles and may so prescribe different speeds in respect of different classes of vehicles.
(2)The Minister shall not make regulations under this section save on the application of the Commissioner or on the application of the local authority within whose functional area is situate the road or the specified area to the roads in which such regulations relate and the Minister shall not revoke or amend any such regulation save after consultation with the Commissioner and such local authority.
(3)The Council charged with the maintenance of a road or part of a road to which regulations made by the Minister under this section relate shall erect and maintain signs to indicate the existence and nature of the special speed limits imposed by such regulations, and section 36 of the Local Government Act, 1925 (No. 5 of 1925), shall apply in relation to such signs in like manner as it applies in relation to the signs mentioned therein.
(4)Every speed limit imposed within any limits or place by regulation made under section 9 of the Motor Car Act, 1903 and in force immediately before the commencement of this Part of this Act shall continue in force after such commencement and be deemed for all purposes (including offences and penalties) to be a speed limit within the meaning of this section and the regulation by which such speed limit was imposed shall be capable of being revoked or amended as if it had been made under this section.
(5)In this Act, the expression “special speed limit” means a speed which is by virtue of regulations made by the Minister under this section a special speed limit in the area in relation to which the expression is used.
(6)For the purposes of this section— (
- a)each of the following bodies shall be a local authority, that is to say, every council of a county borough, every council of a county, every council of an urban district, and the commissioners of every town having commissioners under the Towns Improvement (Ireland) Act, 1854 , and (
- b)the functional area of the council of a county shall not include any urban district or any town having such commissioners as aforesaid in such county. Prohibition of exceeding speed limits. 49.—
(1)It shall not be lawful for any person to drive a mechanically propelled vehicle in a public place in which no special speed limit applicable to such vehicle is in force at a speed exceeding the ordinary speed limit (if any) applicable to such vehicle.
(2)It shall not be lawful for any person to drive a vehicle in a public place in which a special speed limit applicable to such vehicle is for the time being in operation at a speed exceeding such speed limit.
(3)Every person who drives a vehicle in contravention of this section shall be guilty of an offence under this section and shall, on summary conviction thereof, be liable in the case of a first offence, to a fine not exceeding ten pounds or, in the case of a second offence, to a fine not exceeding twenty pounds or, in the case of a third or any subsequent offence, to a fine not exceeding fifty pounds. Prohibition of careless driving. 50.—Every person who drives a vehicle in a public place without exercising reasonable consideration for persons, vehicles, and other traffic using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. Prohibition of dangerous driving. 51.—
(1)Every person who drives a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition, and use of such place and the amount of traffic which then actually is or might reasonably be expected then to be in such place), is dangerous to the public shall be guilty of an offence under this section and shall, on summary conviction thereof, be liable, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(2)In a prosecution for an offence under this section, it shall not be a defence to prove that the speed at which the accused person was driving the vehicle concerned at the time and in the place at and in which such offence is alleged to have been committed was not in excess of an ordinary speed limit or a special speed limit applicable to such vehicle at that time and in that place.
(3)On a prosecution for an offence under this section the accused person may, if not convicted of such offence, be convicted of an offence under the next preceding section of this Act. Prohibition of driving dangerously defective vehicle. 52.—Every person who drives a mechanically propelled vehicle in a public place while such vehicle or the machinery thereof has a defect which such person knew of or could have discovered by the exercise of ordinary care and which is of such character that such vehicle is, when in motion, a danger to other persons and vehicles using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. Special provisions for fire brigades, ambulances, etc. 53.—
(1)The Minister may by order make regulations exempting from any one or more specified provisions of this Part of this Act fire brigade vehicles, ambulances, and other special classes of vehicles and prescribing the conditions and limitations of any such exemption.
(2)Whenever a vehicle is exempted by regulations made under this section from a provision of this Part of this Act, such provision shall, subject to the conditions and limitations on and with which such exemption is so conferred, not apply to such vehicle. Ordering servant to exceed speed limit. 54.—
(1)Where the owner of an omnibus instructs the driver thereof to observe a time-table and such time-table is so framed that such driver could not observe it without driving such omnibus at a speed which would be a contravention of this Part of this Act, such owner shall be deemed to aid, abet, counsel, or procure the commission of an offence punishable on summary conviction within the meaning of section 22 of the Petty Sessions (Ireland) Act, 1851 .
(2)For the purposes of this section:— (
- a)proof that the owner of an omnibus issued to all or any of his employees or to the public a time-table applicable to such omnibus shall be conclusive evidence that such owner instructed the driver of such omnibus to observe such time-table; (
- b)a certificate purporting to be signed and issued by an officer of the Ordnance Survey and to certify the distance between any two places shall be conclusive evidence (without proof of the signature of such officer or that he was such officer) that the distance between such places is the distance stated in such certificate. Evidence and notice of offences. 55.—
(1)Where the proof of the commission of an offence under this Part of this Act involves the proof of the speed at which a person (whether the accused or another person) was driving a vehicle on a particular occasion, the uncorroborated evidence of one witness stating his opinion of the speed at which such person was driving such vehicle on that occasion shall not be accepted as proof of such speed.
(2)Where a person is charged with an offence under this Part of this Act and the act constituting such offence consists of driving a vehicle in contravention of a provision of this Part of this Act, such person shall not be convicted of such offence unless or until the court is satisfied either— (
- a)that such person was warned at the time of the commission of the offence or immediately thereafter that he would be prosecuted therefor, or (
- b)that within such time, not exceeding fourteen days, after the commission of the offence as the court shall consider to have been reasonable, notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute such offence and stating the intention to prosecute such person therefor was given to such person or (in the case of a mechanically propelled vehicle) to the person registered as owner of the vehicle in relation to which the offence is alleged to have been committed. PART V. Compulsory Insurance by Owners of Mechanically Propelled Vehicles. Obligation to be insured or guaranteed. 56.—
(1)It shall not be lawful for any person (hereinafter referred to as the said driver) at any time to drive in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor, or an exempted person would be legally liable for injury caused by the negligent driving of such vehicle at that time or there is in force at that time either— (
- a)an approved policy of insurance whereby the said driver or some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver is insured against all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may
- be)shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or (
- b)an approved guarantee whereby there is guaranteed the payment by the said driver or by some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver of all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may
- be)shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or (
- c)an approved combined policy and guarantee whereby all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or some other person legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver or the personal representative of such person (as the case may
- be)shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver are covered as to part thereof by such driver or such other person being insured against such part of such sums and as to the residue thereof by the payment of such residue of such sums by such driver or such other person being guaranteed.
(2)The insurance, guarantee, or combined insurance and guarantee (as the case may
- be)required by this section may be subject to the following limitation and the following exception or either of them, that is to say:— (
- a)such insurance or guarantee or combined insurance and guarantee (as the case may
- be)may, in so far as it relates to injury to property, be limited to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and (
- b)there may be excepted from the liability covered by such insurance or guarantee or combined insurance and guarantee (as the case may
- be)any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor (as the case may
- be)by special contract.
(3)Whenever any person drives a mechanically propelled vehicle in a public place in contravention of this section such person and also (if such person is not the owner of such vehicle) such owner shall each be guilty severally of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
(4)Proof that a person, when production of a certificate of insurance, a certificate of guarantee, or a certificate of exemption was lawfully demanded of him under this Part of this Act, refused or failed to produce any such certificate either on such demand or within such time thereafter as is allowed by this Part of this Act shall be prima facie evidence that the mechanically propelled vehicle which such person was driving at the time of such demand was at that time being driven by such person in contravention of this section.
(5)Where a person charged with an offence under this section is the owner of the mechanically propelled vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that on the occasion on which such offence is alleged to have been committed such vehicle was being driven without his consent and either that he had taken all reasonable precautions to prevent such vehicle being driven on such occasion or that the person driving such vehicle on such occasion was his servant and in so driving such vehicle was acting in contravention of his orders.
(6)Where a person charged with an offence under this section was, on the occasion on which such offence is alleged to have been committed, the servant of the owner of the mechanically propelled vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that he was driving such vehicle on such occasion in obedience to the express orders of such owner. Fine in lieu of damages and imprisonment in addition to damages. 57.—
(1)Where a person is convicted of an offence under the next preceding section of this Act and it is proved to the satisfaction of the Court by whom such person is so convicted that injury (other than an excluded injury as defined in this section) was caused to person or property by the negligent driving on the occasion on which such offence was committed of the vehicle in relation to which such offence was committed and such Court is of opinion that some person then present in or represented before such Court would be entitled to recover in a civil action against the person so convicted damages in respect of such injury, such Court may, if it thinks fit so to do and the person so present or represented so consents, inflict on the person so convicted, in addition to any other punishment authorised by the said next preceding section, a fine not exceeding the damages which in the opinion of such Court the person so present or represented would be entitled so to recover against the person so convicted.
(2)Where a fine is imposed under the foregoing sub-section of this section on a convicted person the following provisions shall have effect, that is to say:— (
- a)the Court imposing such fine may sentence such convicted person to any term of imprisonment, not exceeding six months, in default of payment of such fine within such time not being less than one fortnight as such Court shall appoint; (
- b)the amount of such fine shall be paid to the person on account of whose right to recover damages such fine was imposed and, if there is more than one such person, in such proportions as the Court shall direct; (
- c)the payment of such fine by such convicted person shall be a good defence to any civil action brought by any person to whom such fine or any part thereof was so paid in respect of the injury on account of which such fine was so inflicted; (
- d)without prejudice to any right of appeal by any other person, the person or any of the persons to whom such fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of such fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose Circuit is situate the District or any part of the District of of the Justice by whom such fine was inflicted, and the decision of such Judge on such appeal shall be final.
(3)Where damages are recovered in a civil action against a person who was convicted of an offence under the next preceding section of this Act in respect of injury to person or property caused by the negligent driving on the occasion on which such offence was committed of the mechanically propelled vehicle in relation to which such offence was committed, the Court before whom such damages are so recovered may if the damages are not paid within fourteen days or such longer period as the Court may determine (unless the person by whom such damages were so recovered is one of the excluded persons as defined in this section) order that the person against whom such damages were so recovered be forthwith taken into custody and be imprisoned for whichever of the following periods shall be the shorter, that is to say, until the expiration of six months from such taking into custody or until such person pays the amount of such damages to the person by whom they were so recovered and lodges in Court by way of security for the payment of the costs recovered by such last-mentioned person in such action such sum (if any) as the Court shall fix.
(4)For the purposes of this section the following injuries shall be excluded injuries, that is to say:— (
- a)any injury sustained on the occasion on which the relevant offence was committed by property which was on that occasion in or being put into or taken out of the vehicle in relation to which such offence was committed, and (
- b)if the said vehicle was not a public service vehicle, any personal injury sustained on the said occasion by any person who was on that occasion in or entering or alighting from the said vehicle.
(5)In this section references to personal injury or injury to the person include injury causing death. Vehicle insurer. 58.—In this Act the expression “vehicle insurer” means a person who is for the time being an assurance company within the meaning of the Assurance Companies Act, 1909 , as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and amended by this Act and has complied with that Act as so adapted and amended. Vehicle guarantor. 59.—In this Act the expression “vehicle guarantor” means a person who— (
- a)is not a vehicle insurer, and (
- b)carries on the business of issuing approved guarantees, and (
- c)has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees. Exempted person. 60.—In this Part of the Act the expression “exempted person” means a person who— (
- a)is neither a vehicle insurer nor a vehicle guarantor, and (
- b)has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who desire to become exempted persons. Deposits by vehicle guarantors and exempted persons. 61.—
(1)Any person (other than a vehicle insurer) who intends to carry on the business of issuing approved guarantees or who desires to become an exempted person may deposit and thereafter keep deposited with the Accountant of the Courts of Justice the sum of fifteen thousand pounds.
(2)The Accountant of the Courts of Justice shall invest every sum deposited with him under this section in such of the securities authorised by law for the investment of funds in the High Court as the person making or maintaining such deposit shall direct, and the income accruing on such securities shall be paid to the said person.
(3)The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister for Industry and Commerce.
(4)The Minister for Industry and Commerce may by order make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares, or other securities in lieu of money, the payment of the income from time to time accruing due on any securities in which deposits are for the time being invested, and the withdrawal and transfer of deposits. Approved policy of insurance. 62.—
(1)A policy of insurance shall be an approved policy of insurance within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (
- a)it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein; and (
- b)the vehicle insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such policy of a mechanically propelled vehicle to which such policy relates by the insured or by any of such other persons (if any) as are mentioned in that behalf in such policy; and (
- c)the liability of the insurer under the policy is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may
- be)which shall not be inserted in an approved policy of insurance; and (
- d)the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days' notice in writing to the insured.
(2)A policy of insurance which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3)A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance thereby effected being subject to the following limitation and the following exception or either of them, that is to say:— (
- a)the limitation of such insurance, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and (
- b)the exception from such insurance of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract. Approved guarantee. 63.—
(1)A guarantee shall be an approved guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (
- a)it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein; and (
- b)the vehicle insurer or vehicle guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such guarantee of a mechanically propelled vehicle to which such guarantee relates by the principal debtor or by any of such other persons (if any) as are mentioned in that behalf in such guarantee; and (
- c)the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may
- be)which shall not be inserted in an approved guarantee; and (
- d)the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor by whom it is issued save either with the consent of the principal debtor or after seven days' notice in writing to the principal debtor.
(2)A guarantee which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3)A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee thereby given being subject to the following limitation and the following exception or either of them, that is to say:— (
- a)the limitation of such guarantee, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and (
- b)the exception from such guarantee of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract. Approved combined policy and guarantee. 64.—
(1)A document shall be an approved combined policy and guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:— (
- a)it is issued to a person (in this Act referred to as the insured) named therein; and (
- b)it complies with all the conditions required by this Act to be complied with by an approved policy of insurance save that the insurance thereby effected does not extend to the whole of the sums required by such conditions to be covered by such insurance; and (
- c)the payment by the insured of so much of the said sums as is not covered by such insurance is thereby guaranteed by the vehicle insurer by whom such document is issued; and (
- d)such document in so far as it relates to such guarantee complies with all the conditions required by this Act to be complied with by an approved guarantee.
(2)A document which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved combined policy and guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.
(3)A document shall not be prevented from being an approved combined policy and guarantee merely by reason of the insurance thereby effected and the guarantee thereby given being subject to the following limitation and the following exception or either of them, that is to say:— (
- a)the limitation of such insurance and guarantee, in so far as they relate to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and (
- b)the exception from such insurance and guarantee of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.
(4)Where a policy of insurance issued by a vehicle insurer and a guarantee issued by another vehicle insurer or by a vehicle guarantor would, if issued by the same person and read together as one document, be an approved combined policy and guarantee, such policy and guarantee shall be deemed, for the purposes of this Act, to constitute together one document and to be an approved combined policy and guarantee, and this Part of this Act shall apply thereto accordingly, subject to the modification that references to the person by whom such combined policy and guarantee was issued shall be construed as referring to the person by whom the relevant portion of such combined policy and guarantee was issued. Punishment for fraud, etc., in obtaining policy or guarantee. 65.—
(1)Every person who, for the purpose or in the course of obtaining the issue of an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee to himself or to another person, commits any fraud or makes any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment for any term not exceeding two years or, at the discretion of the Court, to a fine not exceeding one hundred pounds.
(2)Sub-section B of section 77 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall be construed and have effect as if the misdemeanour mentioned in the foregoing sub-section of this section were included amongst the cases specifically mentioned in the said sub-section B. The excepted persons. 66.—
(1)In this Part of this Act the expression “excepted persons” means the following persons, that is to say:— (
- a)any person claiming in respect of personal injury to himself sustained while he was in or on a mechanically propelled vehicle (other than a public service vehicle) to which the relevant document relates, and (
- b)any person claiming in respect of personal injury (including personal injury causing death) to another person where such last-mentioned person would be an excepted person under the next preceding paragraph of this sub-section if he were claiming himself in respect of such personal injury and (where appropriate) such personal injury had not caused his death, and (
- c)any person claiming in respect of injury to property sustained while such property was in or on a mechanically propelled vehicle to which the relevant document relates, and (
- d)any person claiming in respect of injury to property sustained while such property was owned by or was in the possession, custody, or control of the insured or the principal debtor in the relevant document, and (
- e)any persons claiming in respect of injury to any weigh-bridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates, and (
- f)any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and (
- g)any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Act, 1906, or any Act (whether passed before or after this Act) extending or amending that Act.
(2)In this section— (
- a)the expression “relevant document” means the approved policy of insurance, approved guarantee, or approved combined policy and guarantee (as the case may
- be)in relation to which the expression “excepted persons” is used, and (
- b)references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off such vehicle and injury caused by being thrown out of or off such vehicle. Extended power of making regulations in relation to application for licence under Finance Act, 1920. 67.—The power of making regulations conferred by section 12 of the Roads Act, 1920 shall extend and is hereby extended to include the making of regulations requiring a person applying for a licence under section 13 of the Finance Act, 1920 (as amended by subsequent enactments) in respect of a mechanically propelled vehicle to produce evidence or specified evidence show