IE-1961-act-24 — Road Traffic Act 1961 | Law Reform

PART I. Preliminary and general. 1. — This Act may be cited as the Road Traffic Act, 1961. 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. 3. — (1) In this Act, save where the context otherwise requires— “ ancillary disqualification order ” has the meaning specified in subsection (1) of section 27; “ appointed stand ” has the meaning specified in subsection (1) of section 84; “ appointed weighbridge ” has the meaning specified in subsection (1) of section 15; “ approved guarantee ” has the meaning specified in section 63; “ approved policy of insurance ” has the meaning specified in section 62; F1 [ "autonomous vehicle" means a mechanically propelled vehicle that has been designed, constructed, adapted or modified to move autonomously for certain periods of time but in respect of which driver intervention is still expected or required; ] “ built-up area speed limit ” has the meaning specified in subsection (4) of section 45; “ certificate of competency ” has the meaning specified in subsection (4) of section 33; “ certificate of fitness ” has the meaning specified in subsection (4) of section 34 ; “ certificate of exemption ” has the meaning specified in section 68; “ certificate of guarantee ” has the meaning specified in subsection (2) of section 66; “ certificate of insurance ” has the meaning specified in subsection (1) of section 66 ; “ combination of vehicles ” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby; “ the Commissioner ” means the Commissioner of the Garda Síochána; “ consequential disqualification order ” has the meaning specified in subsection (1) of section 26; “ contravenes ” includes refuses or fails to comply with, and “ contravention ” shall be construed accordingly; F2 [ "detachable disc" means that part of a test certificate, for the time being in force in respect of a vehicle, which may be detached from the certificate to be affixed to the vehicle; ] F3 [ "driving" includes— ( a ) managing and controlling, ( b ) in the case of an autonomous vehicle during periods of time in which the vehicle is moving autonomously, monitoring, overseeing and supervising, and ( c ) in relation to a bicycle, tricycle or powered personal transporter, riding, and "driver" and other cognate words shall be construed accordingly; ] F4 [ " driving licence " means — ( a ) an Irish driving licence, or ( b ) a foreign driving licence; ] F2 [ “ EU roadworthiness certificate ” in relation to a vehicle means a roadworthiness certificate within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations made under section 18 for tests of mechanically propelled vehicles; ] F5 [ “ European Economic Area ” means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being ] “ footway ” means that portion of any road which is provided primarily for the use of pedestrians; F6 [ " foreign driving licence " means a licence or permit to drive a mechanically propelled vehicle — ( a ) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a F7 [ vehicle, ] ( b ) recognised by an order made under section F7 [ 23A(1), or ] ; ] F8 [ ( c ) recognised by an order under section 23B; ] F9 [ " general speed limit " means a speed limit under section 44A of this Act; ] “ hire-drive agreement ” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than— ( a ) a hire-purchase F10 [ or letting ] agreement, ( b ) an agreement merely for the carriage of persons or goods, or ( c ) an agreement under which the registered owner of the vehicle drives, or provides a driver for, the vehicle; “ the insured ” has the meaning assigned to it in paragraph ( a ) of subsection (1) of section 62 ; F11 [ " Irish driving licence " means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23; ] “ large public service vehicle ” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver; “ mechanically propelled vehicle ” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including— F12 [ ( a ) a bicycle or tricycle— (i) with an attachment for propelling it solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour, or (ii) capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor— (I) which has a maximum continuous rated power greater than 0.25 kilowatts, and (II) the output of which cuts off when the physical exertions stop, ] ( b ) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical, but not including a tramcar or other vehicle running on permanent rails F13 [ , or a powered personal transporter ] ; F2 [ "Member State competent authority" means an authority or public body in a Member State, other than the State, with responsibility for managing the system of roadworthiness testing in that Member State, including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive; "Member State testing centre" means a public or private body or establishment in a Member State, other than the State, authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive; ] F14 [ " Minister " means Minister for Transport; ] “ mobile weighbridge ” has the meaning specified in subsection (7) of section 15; F10 [ " motorway " has the meaning assigned to it by the Roads Act, 1993 ; ] F10 [ " motorway speed limit " has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act; ] “ 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; “ ordinary speed limit ” has the meaning specified in subsection (3) of section 44 ; F15 [ " owner ", when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement; ] “ park ”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly; “ parking place ” has the meaning specified in paragraph (a) of subsection (2) of section 90 ; F12 [ "pedal bicycle" means— ( a ) a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or ( b ) a bicycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor— (i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and (ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the bicycle reaches the speed of 25 kilometres per hour; ] “ pedal cycle ” means a vehicle which is a pedal bicycle or pedal tricycle; “ pedal cyclist ” means a person driving a pedal cycle; F12 [ "pedal tricycle" means— ( a ) a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated on it, or ( b ) a tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor— (i) which has a maximum continuous rated power less than or equal to 0.25 kilowatts, and (ii) the output of which cuts off when those physical exertions stop, and is otherwise progressively reduced and finally cut off before the tricycle reaches the speed of 25 kilometres per hour; ] F16 [ " pedestrian controlled vehicle " ] means a mechanically propelled vehicle— ( a ) which is neither intended nor adapted for use for carrying the driver or a passenger, or ( b ) which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian, except during a period during which it is driven while carrying the driver or a passenger “ period of cover ” has the meaning assigned to it in paragraph (b) of subsection (1) of section 62 or paragraph (b) of subsection (1) of section 63 (as may be appropriate); F5 [ “ permission to reside ” means a permission under section 60(6) of the International Protection Act 2015, which permission is valid; ] F17 [ "powered personal transporter" means, subject to subsection (1A), a vehicle— ( a ) designed and constructed for the carriage of a single person, but not designed or constructed for a person with restricted mobility or for the carriage of goods, ( b ) with a maximum weight unladen of 25 kilograms, ( c ) with a maximum design speed of no less than 6 kilometres per hour and no greater than 25 kilometres per hour, and ( d ) equipped with an electric motor having a maximum continuous rated power, or electric motors having a combined maximum continuous rated power, of less than or equal to 0.5 kilowatts, but not including a vehicle referred to in paragraph (b) of the definition of pedal bicycle or in paragraph (b) of the definition of pedal tricycle; ] “ prescribed ” means prescribed by regulations made by the Minister under this Act; “ principal debtor ” has the meaning assigned to it in paragraph (a) of subsection (1) of section 63; F15 [ " public place " means — ( a ) any public road, and ( b ) 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; ] “ public road ” means a road the responsibility for the maintenance of which lies on a road authority; “ public service vehicle ” means a mechanically propelled vehicle F18 [ or combination of vehicles ] used for the carriage of persons for reward; F19 [ "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; ] F5 [ “ relevant person ” means a person who has been given a permission to reside; ] “ the repealed Act ” means the Road Traffic Act, 1933 (repealed by this Act); “ road ” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof; F14 [ " road authority " means — ( a ) a county council, referred to in Part 1 of Schedule 5, ( b ) a city council, referred to in Part 2 of Schedule 5, ( c ) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or ( d ) a town council, referred to in Chapter 2 of Part 1 of Schedule 6, to the Local Government Act 2001 ; ] “ road traffic weighbridge ” has the meaning specified in subsection (4) of section 15 ; “ roadway ” means that portion of a road which is provided primarily for the use of vehicles; F2 [ "Roadworthiness Directive" means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 1 ; ] “ small public service vehicle ” means a public service vehicle which is not a large public service vehicle; “ special disqualification order ” has the meaning specified in subsection (5) of section 28 ; F15 [ " special speed limit " has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act; ] “ street service vehicle ” means a small public service vehicle the driver of which offers F20 [ in a public place ] himself and the vehicle for hire and for that purpose stands or drives the vehicle F20 [ in a public place ] ; F21 [ "test certificate" means - ( a ) a certificate issued under section 18, or ( b ) an EU roadworthiness certificate; ] “ use ”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly; F22 [ "vehicle" means a mechanically propelled vehicle, F13 [ a powered personal transporter, ] a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle; ] “ vehicle guarantor ” has the meaning specified in section 59 ; F23 [ "vehicle identification number (VIN)" means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle; ] “ vehicle insurer ” has the meaning specified in section 58 . F13 [ (1A) The Minister may prescribe, for powered personal transporters or different classes of them, a maximum weight unladen, a maximum design speed, or a maximum continuous rated power or combined maximum continuous rated power different to the weight, speed or rated power referred to in the definition of "powered personal transporter" in subsection (1). ] F24 [ (2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded — ( a ) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and ( b ) for all other purposes of this Act as not being a mechanically propelled vehicle. ] (3) Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby. (4) Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition. (5) Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order. 4. — (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 VI of this Act shall not apply to— ( a ) a vehicle owned by the State or a person using such vehicle in the course of his employment, ( b ) a vehicle under seizure by a person in the service of the State in the course of his duty or a person using such vehicle in the course of his employment, or ( c ) a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder. 5. — (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) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. 6. — (1) A 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) Where a bye-law is submitted to the Minister under this section, the Minister shall either, as he thinks proper, refuse to approve of the bye-law, approve thereof without modification or make such modifications therein as he thinks proper and approve of the bye-law as modified. (3) A 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 subsections 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) Where 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: ( a ) the Commissioner shall give, to the corporation of every county or other borough, council of a county, council of an urban district and commissioners of a town to which or to any part of which the bye-law is intended to apply, notice of his intention to make the bye-law, and the Commissioner shall consider all representations made to him by any such corporation, council or commissioners in respect of the proposed bye-law; ( b ) the Commissioner shall, if and when he submits the bye-law to the Minister under this section, give to every such corporation, council and commissioners notice of the submission, and the Minister shall consider all representations made to him by such corporation, council or commissioners in respect of the bye-law; ( c ) the Minister shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given under this section to every such corporation, council and commissioners; ( d ) for the purposes of this subsection, 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 the county which is not in any borough, urban district or town. (6) The making of representations pursuant to subsection (5) of this section shall— ( a ) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1955, and ( b ) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough. (7) Every bye-law made under section 86 or section 88 of this Act and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and, if a resolution annulling the bye-law is passed by either such House within the next subsequent twenty-one days on which that House has sat after the bye-law is laid before it, the bye-law shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. 7. — (1) Section 4 of the Documentary Evidence Act, 1925 , shall apply to every bye-law F25 [ and rule made under the Road Traffic Acts, 1961 to 1994. ] (2) Subsection (1) of section 6 of the Documentary Evidence Act, 1925 , is hereby amended by adding to the official documents mentioned in that subsection bye-laws F25 [ and rules made under the Road Traffic Acts, 1961 to 1994 ] , and the said section 6 shall have effect accordingly. 8. — (1) All expenses incurred by any Minister or by the Commissioner in execution of the Roads Act, 1920, of the Finance (Excise Duties) (Vehicles) Acts, 1952 and 1960, or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, F26 [ be paid out of moneys provided by the Oireachtas. ] (2) F27 [ … ] (3) F27 [ … ] (4) F27 [ … ] (5) F27 [ … ] (6) So far as may be necessary for the purposes of the transition from the repealed Act to this Act, the references to this Act in subsections (1), (2) and (4) of this section shall be construed as including references to the repealed Act. 9. — F28 [ (1) Save as is otherwise expressly provided by this Act, all fees and other sums received under this Act or regulations thereunder by the Commissioner or any other member of the Garda S í och á na or by an authorised person (within the meaning of section 103 of this Act) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. ] (2) Save as is otherwise expressly provided by this Act, all fines 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. 10. — (1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) Orders, regulations, bye-laws and rules made under any enactment repealed by this Act and in force at the commencement of this section shall continue in force and be regarded as having been made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under any such order, regulation, bye-law or rule and in force at such commencement shall continue in force for the purposes of this Act. PART II. General Provisions relating to Vehicles. 11. — (1) The Minister may make regulations in relation to the use of vehicles in public places. (2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters : ( a ) the construction of vehicles; ( b ) vehicle equipment; ( c ) the use and misuse of vehicles and vehicle equipment; ( d ) the conditions subject to which vehicles and vehicle equipment may be used; ( e ) the duties of drivers of vehicles and passengers therein; ( f ) the equipment of such drivers and passengers; ( g ) the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles; ( h ) particulars to be affixed to or painted on vehicles. (3) Different regulations may be made under this section— ( a ) in respect of different classes of vehicles, ( b ) for different circumstances and for different areas. (4) A person shall not use in a public place a vehicle which does not comply with a regulation under this section applying in relation to the vehicle. (5) ( a ) A person who contravenes subsection (4) of this section or a regulation under this section shall be guilty of an offence and, where the contravention is of the said subsection (4) and such person is not the owner of the vehicle, such owner shall also, in such cases as may be prescribed, be guilty of an offence. ( b ) Where a person who contravenes subsection (4) of this section is not the owner of the vehicle and the owner is charged with an offence under this section, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised. (6) In this section “ vehicle equipment ” includes all equipment, fittings and instruments fitted to a vehicle or carried on it, and, without prejudice to the generality of the foregoing, lights, reflectors and towing gear F29 [ and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred . ] 12. — (1) The Minister may make regulations for all or any of the following purposes: ( a ) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles; ( b ) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles; ( c ) specifying 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 thereby; ( d ) specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained. (2) Different regulations may be made under this section— ( a ) in respect of different classes of vehicles or of combinations of vehicles, ( b ) for different circumstances. (3) A person shall not use on a public road— ( a ) a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination, ( b ) a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination F30 [ or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle or combination ] , or ( c ) a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle F30 [ or indicated on a plate or certificate issued under section 11 of the Road Traffic Act, 1968, and in force in respect of the vehicle ] . F31 [ (4) ( a ) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence. ( b ) A person who is guilty of an offence under this section shall be liable on summary conviction to F32 [ a fine not exceeding € 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. ] F33 [ (4A) Where a person contravenes subsection (3)(b) of this section and the load or loads were consigned to such person by one consignor alone, that consignor shall be guilty of an offence. (4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove — ( a ) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or ( b ) that an estimate of the laden weight of the vehicle or combination of vehicles carried out by the consignor prior to the dispatch of the goods indicated that the weight of the vehicle or combination of vehicles did not exceed the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination of vehicles. (4C) In this section "consignor" means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles. ] (5) Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised. 13. — (1) The Minister may make regulations for all or any of the following purposes: ( a ) the issue of special permits authorising particular vehicles or combinations of vehicles which contravene one or more regulations under section 11 or 12 of this Act to be used notwithstanding such contravention; ( b ) specifying the limitations, restrictions and conditions which are to be, or may be, inserted in the special permits, including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to public roads which may arise from the use of the vehicles or combinations of vehicles to which the special permits relate; ( c ) specifying the persons by whom the special permits may be issued; ( d ) specifying the manner in which applications for the special permits are to be made. (2) Notwithstanding anything contained in this Part of this Act, the use of a vehicle or combination of vehicles under and in accordance in all respects with a special permit issued in respect of the vehicle or combination under regulations under this section shall not constitute an offence under section 11 or 12 (as the case may be) of this Act. 14. — (1) For the purposes of this Act, F34 [ subject to subsection (1A), ] the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, 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. F34 [ (1A) Where a vehicle referred to in subsection (1) is a powered personal transporter and has an accumulator that is a battery, the weight of the accumulator shall be considered to be included in the weight unladen of the powered personal transporter. ] (2) For the purposes of subsection (1) of this section— ( a ) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition: (i) a body, (ii) a part, (iii) a fitting, (iv) a receptacle, ( b ) in a case in which there is one addition only, the reference to all additions shall be construed as a reference to that addition, ( c ) in a case in which, there being two additions (and not more), on no occasion are both of them used, the reference to all additions shall be construed as a reference to the heavier only of the additions or, where they are of equal weight, to one of them only, ( d ) in a case in which, there being three or more additions, on no occasion are all of them used, the reference to all additions shall be construed as a reference to the heaviest combination of the additions which is used on any occasion. (3) In a case coming within paragraph (d) of subsection (2) of this section, where one only of the additions is used on a particular occasion, “ combination of the additions ” in that paragraph shall, in relation to that occasion, be taken as referring to that addition. (4) ( a ) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall, subject to the next paragraph, be a receptacle for the purposes of the foregoing subsections of this section. ( b ) Anything so placed is excepted from the foregoing paragraph if in relation to no journey are goods or burden of any other description both loaded into and unloaded from it without its being removed from the vehicle or combination. (5) In a prosecution under this Act, the onus of proving that anything comes within the exception specified in subsection (4) of this section shall lie on the defendant. 15. — (1) ( a ) A road authority may declare any weighbridge (whether maintained by them or not, whether within or outside their functional area and whether a road traffic weighbridge or not) to be an appointed weighbridge for the purposes of this Act, and every weighbridge so declared shall be known and is in this Act referred to as an appointed weighbridge. ( b ) Any such declaration may be revoked by a subsequent declaration made by the same road authority. ( c ) Where a road authority make a declaration under this subsection, they shall give the prescribed notice to the public of the making of the declaration. (2) A road authority may (and, if required by the Minister, shall) provide on or adjacent to any public road in their charge a weighbridge of such dimensions, power, design and construction as may be approved of by the Minister. (3) Every road authority owning a weighbridge erected under an enactment repealed by the repealed Act, under the repealed Act or under this section shall maintain the weighbridge in good condition and proper order and shall make the weighbridge available for the weighing of vehicles and their loads at all reasonable times. (4) A weighbridge maintained under subsection (3) of this section shall be known and is in this Act referred to as a road traffic weighbridge. (5) The road authority by whom a road traffic weighbridge is maintained may charge for weighings on the weighbridge (except weighings requisitioned under this Act by a member of the Garda Síochána or an officer of a road authority F35 [ or an officer of the Minister ] ) such fees as they may fix from time to time. (6) A road authority may contribute, on such conditions as they think fit, to the cost of the provision, maintenance or operation of an appointed weighbridge other than a road traffic weighbridge provided by themselves. (7) ( a ) A road authority may acquire and operate a weighbridgewhich is transportable and may make it available for use by members of the Garda Síochána F35 [ or an officer of the Minister ] . ( b ) References in this Act to a mobile weighbridge are to a weighbridge under this subsection. 16. — (1) Where an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road and he suspects that the weight laden of the vehicle or combination or the weight transmitted to the ground by any part of the vehicle or combination is such that the use of the vehicle or combination constitutes an offence under this Act— ( a ) in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination— (i) to permit the officer to ascertain by means of the mobile weighbridge the weight transmitted to the ground by any part of the vehicle or combination with the load or loads (if any) thereon; and (ii) to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment; ( b ) in any other case, the officer may require the person in charge of the vehicle or combination to do all or any of the following things: (i) forthwith to bring the vehicle or combination with the load or loads (if any) thereon to any appointed weighbridge named by the officer and not more than F36 [ 25 kilometres ] distant by the shortest available route from the place at which the requisition is made; (ii) to carry the officer to the weighbridge in the vehicle or combination; (iii) to cause the vehicle (or any part thereof) or combination (or any part thereof) with the load or loads (if any) thereon to be weighed on the weighbridge in the presence of the officer. (2) Where— ( a ) an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road, ( b ) the officer suspects that the weight unladen of the vehicle or combination is such that use of the vehicle or combination constitutes an offence under this Act, and ( c ) the vehicle or combination either has no load or has a load or loads which can be unloaded without undue inconvenience, the officer may require the person in charge of the vehicle or combination to do all or any of the following things: (i) forthwith to bring the vehicle or combination, inclusive of all additions with it on the said occasion, to any appointed weighbridge named by the officer and not more than F36 [ 25 kilometres ] distant by the shortest available route from the place at which the requisition is made; (ii) to carry the officer to the weighbridge in the vehicle or combination; (iii) to unload the vehicle or combination if it has a load or loads; (iv) to cause the vehicle or combination, inclusive of all additions with it on the said occasion, to be weighed on the weighbridge in the presence of the officer. (3) For the purposes of subsection (2) of this section— ( a ) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition: (i) a body, (ii) apart, (iii) a fitting, (iv) a receptacle, ( b ) in a case in which there is one addition only, any reference to all additions shall be construed as a reference to that addition. (4) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall be a receptacle for the purposes of subsections (2) and (3) of this section. F37 [ (5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to F38 [ a fine not exceeding € 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. ] (6) Where a weighing is, consequent upon a requirement under this section, carried out on an appointed weighbridge not maintained by a road authority, the fee for the weighing shall be recouped to the person paying it by— ( a ) in case the weighbridge was declared to be an appointed weighbridge by one road authority only—that authority, and ( b ) in any other case—by such one of the road authorities by whom the weighbridge was declared to be an appointed weighbridge as may be agreed upon between those authorities or, in default of agreement, as may be determined by the Minister. (7) ( a ) In this section “ authorised officer ” means— (i) a member of the Garda Síochána, or (ii) an officer F39 [ or a servant ] of the road authority charged with the maintenance of the public road on which the vehicle or combination of vehicles is observed, authorised by that authority as an authorised officer for the purposes of this section. F39 [ or (iii) an officer of the Minister authorised by the Minister as an authorised officer for the purposes of this section. ] ( b ) Where a person appointed to be an authorised officer for the purposes of this section makes a requirement under this section, he shall, if requested by the person to whom the requirement is addressed, produce his authorisation as such officer for examination by that person. 17. — (1) Where it appears to the road authority charged with the maintenance of a public road that, having regard to the average expense of repairing that road, extraordinary expenses have been or will be incurred in repairing the road by reason of the damage caused by excessive weight passing along the road or other extraordinary traffic thereon, the amount of the extraordinary expenses shall be paid to the road authority by the person by whom or in consequence of whose order such weight or traffic has been conducted and, in default of that amount being so paid, it shall be recoverable as a simple contract debt in any court of competent jurisdiction. (2) Subsection (1) of this section shall have effect subject to the following provisos: ( a ) any person required by the subsection to pay extraordinary expenses may enter into an agreement with a road authority for the payment to them of a composition in respect of the relevant weight or traffic and, on paying the composition, shall not be liable under the subsection; ( b ) the subsection shall be construed as not applying to damage caused as a result of— (i) Córas Iompair Éireann carrying on a passenger road service, (ii) a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932 , or (iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933 ; ( c ) proceedings under the subsection shall be commenced within twelve months after the time at which the damage was done, or, where the damage is in consequence of any particular building contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work; ( d ) in any such proceedings the amount for which judgment may be given shall be the amount of the expenses shown to the satisfaction of the court to have been or to be likely to be incurred by the road authority by reason of the damage from the extraordinary traffic. F40 [ (3) The jurisdiction relating to the recovery under this section of the amount of any extraordinary expenses incurred by a road authority in repairing a road shall, concurrently with the High Court, be exercised at the election of the plaintiff by — ( a ) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the damage was done, or ( b ) the judge of the Circuit Court for the time being assigned to the circuit or, as may be appropriate, the justice of the District Court for the time being assigned to the district, where the defendant or one of the defendants resides or carries on business. ] 18. — (1) A person shall not use in a public place a F41 [ … ] vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate. (2) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F42 [ a fine not exceeding € 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. (3) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,— ( a ) the person on whom the demand was made refused or failed to produce a test certificate then and there, or ( b ) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it, it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section. (4) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders. (5) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner. (6) In this section “ the issuing authority ” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority. (7) The owner of a F41 [ … ] vehicle to which this section applies may apply to the issuing authority for a F43 [ certificate referred to in paragraph (a) of the definition of "test certificate" in section 3 ] in respect of the vehicle. (8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid— ( a ) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section, ( b ) in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate F44 [ … ] certifying such compliance, ( c ) in case the issuing authority is not so satisfied— (i) the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal, (ii) if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle. (9) The Minister may make regulations for the purpose of giving effect to this section. (10) Regulations under this section may, in particular and without prejudice to the generality of subsection (9) of this section, make provision for all or any of the following matters: ( a ) the classes of F41 [ … ] vehicles to which this section applies; ( b ) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances; ( c ) the specifying of the persons to be issuing authorities for the purposes of this section; ( d ) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section; ( e ) the specifying of the persons by whom new tests directed pursuant to subparagraph (ii) of paragraph (c) of subsection (8) of this section are to be carried out; ( f ) the making of applications for F45 [ certificates referred to in paragraph (a) of the definition of "test certificate" in section 3 ] and the specifying of conditions subject to which such applications may be made; ( g ) the fees to be paid by applicants for F45 [ certificates referred to in paragraph (a) of the definition of "test certificate" in section 3 ] and the disposition of such fees; ( h ) the requirements in respect of which tests are to be carried out; ( i ) the nature of tests; ( j ) the manner in which, the conditions under which and the apparatus with which tests are to be carried out; ( k ) the maintenance of apparatus used for carrying out tests; ( l ) powers of inspection of premises and apparatus used for testing F41 [ … ] vehicles; F46 [ ( m ) the keeping, by the issuing authority or other persons specified in the regulations, of records in relation to tests, and the disclosure of such records relating to a vehicle to the owner of the vehicle, or to a person nominated by the owner; ] ( n ) F47 [ the form of certificates referred to in paragraph (a) of the definition of "test certificate" in section 3 ] and period of validity of test certificates; ( o ) the delegation by issuing authorities to specified persons of the functions of such authorities F48 [ under paragraphs (b) and (c) of subsection (8); ] F49 [ ( p ) the verification of the validity of a test certificate where there is doubt as to the validity of the certificate. ] (11) Regulations under this section may make different provisions for different classes of cases coming within the same matter. (12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence. (13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act. 19. — (1) ( a ) Where a member of the Garda Síochána has reasonable grounds for believing that a F50 [ … ] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence. ( b ) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded. ( c ) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question— (i) he did not use the vehicle, or (ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner. (2) ( a ) Where a member of the Garda Síochána has reasonable grounds for believing that a F50 [ … ] vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a test certificate in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence. ( b ) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded. ( c ) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows— (i) that the vehicle was not used on the occasion in question, or (ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders. (3) Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address. (4) Where a person whose name and address is demanded under subsection (3) of this section 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. (5) A member of the Garda Síochána may arrest without warrant— ( a ) a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or ( b ) a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading. 20. — (1) Where a member of the Garda Síochána observes a mechanically propelled vehicle or combination of vehicles in a public place and he suspects that there is a defect affecting the vehicle or combination which is such that it is, when in use, a danger to the public or, in the case of a public service vehicle, there is a defect affecting it which is such that either it is a danger to the public or it is rendered unfit for the carriage of passengers, he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may do all such things and make all such requirements in relation to it as are reasonably necessary. (2) For the purposes of subsection (1) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may— ( a ) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this section and not more than five miles distant by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination, ( b ) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance, ( c ) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven, ( d ) carry out or cause to be carried out such tests as the member considers reasonable. (3) Where a member of the Garda Síochána has, F51 [ consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a mechanically propelled vehicle, or ] consequent upon having inspected and examined under this section a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may— ( a ) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied, ( b ) require the person in charge or the owner to submit it for a further examination and test at a specified time and place. (4) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a public service vehicle, reasonable grounds for believing that there is a defect (other than a defect referred to in subsection (3) of this section) affecting it which is such that it is rendered unfit for the carriage of passengers, he may— ( a ) instruct the person in charge that it is not to be used for the carriage of passengers for reward until the defect is remedied, ( b ) require the person in charge or the owner to submit it for a further examination and test at a specified time and place. (5) Where a member of the Garda Síochána has, F52 [ consequent upon an inspection and examination under section 12 of the Road Traffic Act, 1968, of a vehicle drawn by a mechanically propelled vehicle, or ] consequent upon having inspected and examined under this section a vehicle drawn by a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may— ( a ) instruct the person in charge that the vehicle is not to be drawn in a public place by a mechanically propelled vehicle until the defect is remedied, ( b ) require the person in charge or the owner to submit the vehicle for a further examination and test at a specified time and place. (6) A member of the Garda Síochána may test any pedal cycle F53 [ or powered personal transporter ] and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle F53 [ or transporter ] as are reasonably necessary. (7) For the purposes of subsection (6) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may— ( a ) drive any pedal cycle F53 [ or powered personal transporter ] for a reasonable time and distance, ( b ) require any person in charge of a pedal cycle F53 [ or powered personal transporter ] to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs. (8) Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle F53 [ or a powered personal transporter ] , reasonable grounds for believing that it has a dangerous defect, he may— ( a ) instruct the person in charge of the cycle F53 [ or transporter ] that it is not to be driven in a public place until the defect is remedied, ( b ) require such person to submit the cycle F53 [ or transporter ] for a further test at a specified time and place. (9) A person who, in a case in which a requirement under subsection (1), (2), (6) or (7) of this section has been made on him, contravenes the requirement shall be guilty of an offence. (10) ( a ) A person who, in a case in which an instruction under subsection (3) of this section that a vehicle is not to be driven in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence and shall be liable on summary conviction to F54 [ a fine not exceeding € 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. ( b ) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public. (11) ( a ) A person who, in a case in which a requirement under subsection (3) of this section has been made on him, contravenes the requirement shall be guilty of an offence. ( b ) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public. (12) ( a ) A person who, in a case in which an instruction under subsection (4) of this section that a vehicle is not to be used for the carriage of passengers until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so uses it or causes or permits it to be so used before the defect is remedied shall be guilty of an offence. ( b ) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers. (13) ( a ) A person who, in a case in which a requirement under subsection (4) of this section has been made on him, contravenes the requirement shall be guilty of an offence. ( b ) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers. (14) ( a ) A person who, in a case in which an instruction under subsection (5) of this section that a vehicle drawn by a mechanically propelled vehicle is not to be so drawn in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so draws it or causes or permits it to be so drawn before the defect is remedied shall be guilty of an offence. ( b ) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instr