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44 2004

Road Traffic Act 2004


Preliminary and General

Short title, commencement, collective citation and construction.

1.— (1) This Act may be cited as the Road Traffic Act 2004 .

(2) This Act (other than section 36 ) comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) The Road Traffic Acts 1961 to 2003 and this Act (other than Part 6) may be cited together as the Road Traffic Acts 1961 to 2004 and shall be construed together as one Act.


2.— (1) In this Act— “Act of 1968” means Road Traffic Act 1968;

“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975;

“Act of 1994” means Road Traffic Act 1994;

“Act of 2001” means Local Government Act 2001;

“Act of 2002” means Road Traffic Act 2002;

“administrative area” has the meaning assigned to it by the Act of 2001;

“built up area” means the area of a city, a borough or a town within the meaning of the Local Government Act 2001 ;

“Commissioner” means Commissioner of the Garda Síochána;

“county council” and “city council” have the meanings assigned to them, respectively, in the Act of 2001;

“local road”, “regional road”, “national road” and “motorway” have the meaning assigned to them, respectively, in the Roads Act 1993 ;

“Minister” means Minister for Transport;

“Principal Act” means Road Traffic Act 1961.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment is to be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.


3.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.