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44 2004

Road Traffic Act 2004

PART 4

Miscellaneous

Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.

24.— Section 36 of the Principal Act is amended by substituting for subsection (8) (inserted by section 8(b) of the Act of 2002) the following:

“(8) The Courts Service shall inform the Minister of an order made—

(a) under subsection (3) or (4) of this section,

(b) suspending or postponing an order under either of those subsections, or

(c) under section 29 of this Act removing a consequential or ancillary disqualification.”.

Amendment of section 9 of Act of 2002 (disqualification pursuant to European Convention on Driving Disqualifications).

25.— Section 9 of the Act of 2002 is amended by—

(a) substituting for subsection (8) the following:

“(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the Minister and the Minister shall cause the central authority of the State of the offence to be notified thereof.”,

and

(b) in subsection (9), substituting for paragraph (a) the following:

“(a) the Courts Service shall—

(i) notify the Minister of the disqualification as soon as may be, and

(ii) comply with any request of the Minister for further details or information relating to the person, the offence, the disqualification or otherwise required for the purpose of the Convention,”.

Permits.

26.— (1) Section 35(2) of the Act of 1994 is amended by inserting after paragraph (s) the following:

“(t) the issue of permits at a prescribed charge by a local authority, or any other body authorised by the Minister to issue such permits, for the purpose of—

(i) exempting permit holders from restrictions or prohibitions on parking applied under this section,

(ii) allowing for the parking of vehicles by permit holders at specified locations, or

(iii) exempting permit holders from the application of prohibitions and restrictions to specified traffic from entering or using specified roads, and

separate charges may be prescribed in respect of different permits.”.

(2) The following subsection is inserted after subsection (6) of section 35 of the Act of 1994:

“(7) A permit issued under regulations made under subsection (2)(t) may be inspected, at all reasonable times, by a member of the Garda Síochána or (other than in respect of a permit issued under regulations made under subsection (2)(t)(iii)) a traffic warden.

(8) A person who, without reasonable excuse, fails or refuses to permit the inspection of a permit referred to in subsection (7) is guilty of an offence.”.

Exemptions for emergency vehicles.

27.— Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively, of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.

Functions of Commissioner of Garda Síochána.

28.— Any reference to the Commissioner in the Road Traffic Acts 1961 to 2004 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

Amendment of section 84 of Principal Act (bye-laws in relation to taxi stands).

29.— Section 84 (inserted by section 15 of the Act of 2002) of the Principal Act is amended by substituting in subsection (11) for the definition of “local authority” the following:

“‘local authority’ means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 ) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;”.

Supply of mechanically propelled vehicles to minor.

30.— (1) A person shall not supply a mechanically propelled vehicle—

(a) to a person who is under the age of 16 years, or

(b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years.

(2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) In this section “supply”, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.

Power of road authority to provide and maintain certain equipment, etc., on public roads.

31.— (1) A road authority may, with the consent of the Commissioner or at his or her request, provide and maintain on public roads in their charge any equipment or structure which the authority consider desirable for the detection of offences under the Road Traffic Acts 1961 to 2004.

(2) Section 42 of the Act of 1994 is repealed.

“registered owner”.

32.— Section 3(1) of the Principal Act is amended by substituting for the definition of “registered owner” the following:

“‘registered owner’ has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;”.

Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.

33.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that—

(a) a mechanically propelled vehicle has been used in a public place on a particular occasion,

(b) the use may have involved the commission of an offence under the Road Traffic Acts 1961 to 2004 (including a case in which the member has himself or herself observed the use), and

(c) the actual user of the vehicle was a particular person,

the member may at any time or times subsequent to the occasion in question require of the person the production of a driving licence, having effect and licensing the person to drive the vehicle used on the occasion in question, at a Garda Station or another place specified by the member, within the period of 10 days of the date of making the requirement.

(2) A person who fails to comply with a requirement under subsection (1) is guilty of an offence.