IE-2023-act-16 — Road Traffic and Roads Act 2023

PART 1 Preliminary and General Short title, commencement, collective citations and construction 1. (1) This Act may be cited as the Road Traffic and Roads Act 2023. (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. (3) The Road Traffic Acts 1961 to 2018 and this Act (other than Parts 3 and 6 and sections 36 to 47 ) may be cited as the Road Traffic Acts 1961 to 2023 and shall be read together as one. (4) The Roads Acts 1993 to 2015 and sections 37 to 45 may be cited together as the Roads Acts 1993 to 2023 and shall be read together as one. (5) The Local Authorities (Traffic Wardens) Acts 1975 and 1987 and Part 6 may be cited together as the Local Authorities (Traffic Wardens) Acts 1975 to 2023 and shall be read together as one. Interpretation 2. In this Act— “Act of 1961” means the Road Traffic Act 1961 ; “Act of 1975” means the Local Authorities (Traffic Wardens) Act 1975 ; “Act of 1993” means the Roads Act 1993 ; “Act of 1994” means the Road Traffic Act 1994 ; “Act of 2002” means the Road Traffic Act 2002 ; “Act of 2004” means the Road Traffic Act 2004 ; “Act of 2010” means the Road Traffic Act 2010 ; “Act of 2014” means the Road Traffic Act 2014 ; “Act of 2016” means the Road Traffic Act 2016 . PART 2 Construction of references to Driving Licence categories Driving Licence Categories 3. A reference in the Road Traffic Acts 1961 to 2023 or an instrument made thereunder to a driver licensing category in column (1) of the Table below is to be read as a reference to the corresponding category in column (2). TABLE PART 3 Information to be provided with application for Vehicle Licence Amendment of Roads Act 1920 4. The Roads Act 1920 is amended— (a) in section 5, by the insertion of the following subsections after subsection (1): “(1A) Without prejudice to the generality of subsection (1), the particulars that the Minister may prescribe under that subsection may include— (a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number, (b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or (c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number. (1B) Where particulars referred to in subsection (1A)(c) are furnished to the Minister, they may, subject to subsection (1C), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence. (1C) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1A)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.”, (b) in section 12, by the insertion of the following subsections after subsection (1A): “(1B) Without prejudice to the generality of subsection (1A), the particulars that the Minister may prescribe under that subsection may include— (a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number, (b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or (c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number. (1C) Where particulars referred to in subsection (1B)(c) are furnished to the Minister, they may, subject to subsection (1D), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence. (1D) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1B)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.”, and (c) in section 17, by the insertion of the following definitions: “The expressions ‘driving licence’, ‘foreign driving licence’ and ‘Irish driving licence’ have the same meanings as they have in section 3 of the Road Traffic Act 1961 ; The expression ‘driver number’ means— (a) in the case of a driving licence or a learner permit issued on or after 19 January 2013, the number given at item 4d and described as “Uimhir tiomána” or “Driver number” on the licence or permit, as the case may be, or (b) in the case of a driving licence or a learner permit issued prior to 19 January 2013, the number given at item 5 and described as “ uimhir tiomána/driver number” on the licence or permit, as the case may be; The expression ‘learner permit’ has the same meaning as it has in section 35 of the Road Traffic Act 1961 ; The expressions ‘licence record’ and ‘penalty point’ have the same meanings as they have in section 1 of the Road Traffic Act 2002 ; The expression ‘personal public service number’ has the same meaning as it has in section 262 of the Social Welfare Consolidation Act 2005 ;”. PART 4 Amendment of Act of 1961 Amendment of Act of 1961 5. The Act of 1961 is amended— (a) in section 3(1)— (i) by the insertion of the following definition after the definition of “approved policy of insurance”: “‘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;”, (ii) by the substitution of the following definition for the definition of “driving”: “‘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;”, and (iii) by the insertion of the following definition after “vehicle guarantor”: “‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;”, (b) in section 18(10), by the substitution of the following paragraph for paragraph (m): “(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;”, (c) in section 22(2)— (i) by the substitution of the following paragraph for paragraph (b): “(b) shall be accompanied by— (i) evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State, (ii) any— (I) certificate of competency, (II) certificate of fitness, or (III) medical report, required under regulations under this Act, and (iii) the fee payable on the taking out of such a licence,”, and (ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i): “(i) where required under regulations under this Act, a recent photograph of the applicant, and”, (d) by the substitution of the following section for section 22B: “22B. (1) Subject to subsection (2), where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it. (2) Where a person who is the holder of a learner permit in respect of vehicles of a category for a period has been granted a certificate of competency in respect of such category, he or she shall not, by virtue of the application of subsection (1), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which, or part of which, is within that period.”, (e) in section 23A by the insertion of “, for the purposes of an application for an Irish driving licence,” after “by order declare that”, (f) by the insertion of the following sections after section 23B: “Automatic revocation of driving licence where holder is subject of deportation order 23C. (1) Where the holder of an Irish driving licence is the subject of a deportation order the licence shall stand revoked. (2) A revocation under subsection (1) shall take effect on the date on which the Minister for Justice notifies the Minister, in accordance with subsection (3), of the making of the order. (3) Where the Minister for Justice makes a deportation order in respect of a person he or she may notify the Minister of the making of the order and may share the following information with the Minister for the purposes of this section: (a) the name of the person who is the subject of the deportation order; (b) the date of birth of the person who is the subject of the deportation order; (c) where the person who is the subject of the deportation order was issued with a document evidencing that he or she had a legal right to reside in the State, the number associated with that document. (4) The Minister and his or her servants or agents shall not use information shared under subsection (3) for any purpose other than the purpose of this section. (5) In this section, ‘deportation order’ means a deportation order made or deemed to be made under section 3 of the Immigration Act 1999 or section 51 of the International Protection Act 2015 . Endorsement of revocation of driving licence on license record relating to holder 23D. (1) In this section and section 23E, ‘licence’ means an Irish driving licence or learner permit. (2) Where the Minister receives a notification under section 23B(3), or where a licence has been revoked in accordance with regulations under section 42(2)(cd), he or she shall cause the fact that the licence stands revoked to be endorsed on the entry (within the meaning of section 1 of the Road Traffic Act 2002 ) of the person who is the subject of the notification or whose licence has been revoked. Retention of revoked driving licence by member of Garda Síochána 23E. (1) Where a person produces an Irish driving licence to a member of the Garda Síochána and the member has reasonable grounds to believe that the licence is one which has been revoked in accordance with section 23C or regulations under section 42(2)(cd), he or she shall retain the licence and forward it to the Minister. (2) Where the Minister receives a driving licence under subsection (1) and the licence stands revoked the Minister shall cause the licence to be destroyed and notify the holder of the licence by letter in writing to the address provided by the licence holder with his or her application for the licence or, where the holder has notified the Minister that he or she has changed address, to that address and by such other means as the Minister prescribes. (3) Where the Minister receives a licence from a member of the Garda Síochána under subsection (1) and the licence does not stand revoked the Minister shall cause the licence, or a replacement licence, to be furnished to the holder. (4) A person may make an application for a licence in accordance with this Act notwithstanding that a licence held by him or her has been revoked pursuant to this section or in accordance with regulations under section 42(2)(cd).”, (g) in section 33— (i) by the insertion of the following subsections after subsection (1): “(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5 (g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes. (1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes. (1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”, and (ii) by the insertion of the following subsection after subsection (2): “(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262 (2) of the Social Welfare Consolidation Act 2005 .”, (h) in section 35— (i) in subsection (2)— (I) in paragraph (b), by the deletion of “and”, and (II) by the substitution of the following paragraphs for paragraph (c): “(c) accompanied by— (i) the appropriate fee, and (ii) any photograph of the applicant, certificate of fitness or medical report, required under regulations under this Act, and (d) accompanied by evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State.”, (ii) in subsection (6)— (I) by the deletion of “22(2), (4) and (5),”, (II) in paragraph (a), by the substitution of “section 35, and” for “section 35”, (III) in paragraph (b), by the substitution of “section 35.” for “section 35, and”, and (IV) by the deletion of paragraph (c), and (iii) by the insertion of the following subsections after subsection (6): “(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005 . (8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records. (9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with— (a) such information from the records, and (b) such copies of licence records or of such extracts from such records, as the person may reasonably require. (10) Subsection (9) applies to— (a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and (b) such other categories of person and the purpose for such access as may be prescribed. (11) In this section, ‘licence records’ means records maintained under section 60 of the Finance Act 1993 .”, (i) in section 38, by the substitution of “3 months” for “12 months” in subparagraph (i) of paragraph (a) of subsection (2), (j) in section 42— (i) in subsection (2)— (I) by the insertion of the following paragraphs after paragraph (c): “(ca) the evidence to accompany an application for an Irish driving licence or a learner permit in order to show that the person has a legal right to reside in the State; (cb) the automatic revocation of an Irish driving licence or a learner permit— (i) where a person no longer has a right to reside in the State, (ii) where the evidence that accompanied an application for an Irish driving licence or a learner permit showing that the person had a legal right to reside in the State expires or is revoked, (iii) in circumstances where the evidence that accompanied an application for an Irish driving licence or a learner permit showed that the legal right of the person to reside in the State was limited or finite, on an anniversary of the date on which the licence is granted, (iv) where the Minister becomes aware following the grant of an Irish driving licence or a learner permit that— (I) at the time an Irish driving licence or a learner permit was granted, the applicant did not meet the requirements for the granting of the Irish driving licence or a learner permit, or (II) the Irish driving licence or a learner permit was obtained by fraud, on the date on which the Minister notifies the holder of the Irish driving licence or a learner permit, (ce) the retention of a revoked Irish driving licence or a learner permit by a member of the Garda Síochána, the subsequent destruction of a retained licence and the notification of the holder of the revoked licence;”, (II) in paragraph (p), by the substitution of “fees;” for “fees.”, and (III) by the insertion of the following paragraphs after paragraph (p): “(q) the application to learner permits of harmonised Community codes under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 1 on driving licences; (r) the application to licences of national codes, along with corresponding information indicating— (i) restrictions on the conditions of validity of a licence, or (ii) matters voluntarily brought to the Minister’s attention by the holder of the licence.”, and (ii) by the insertion of the following subsections after subsection (3): “(3A) The Minister may make regulations providing for— (a) minimum standards of physical and mental fitness (including different standards in relation to a driving licence or learner permit in respect of different categories of vehicle) to be met by a person when he or she is making an application for a driving licence or learner permit, (b) the classes of persons who, when applying for a driving licence or learner permit, are required to produce a medical report that certifies that the person meets standards prescribed under paragraph (a), (c) the classes of persons who may carry out a medical examination and sign a medical report that certifies that a person meets standards prescribed under paragraph (a), and (d) the form of a medical report for the purposes of paragraph (b). (3B) The Minister may publish guidelines to be followed by a person who carries out a medical examination or signs a report for the purposes of the production of a medical report referred to in subsection (3A)(b). (3C) A person who certifies that a person meets standards prescribed under subsection (3A)(a) who, at the time of so certifying, knows this to be false, or who includes in a medical report referred to in subsection (3A)(b), information which he or she knows to be false, is guilty of an offence.”, (k) in section 53(1)— (i) by the deletion of “in a public place”, and (ii) by the insertion of “in which it is driven” after “condition and use of the place”, (l) by the insertion of the following sections after section 56: “Obligation to supply vehicle insurer or certain intermediaries with certain information 56A. (1) For the purpose or in the course of obtaining the issue of an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a person, other than a fleet owner or motor trader, shall supply to the insurer or intermediary the following information: (a) his or her name and address and the name of any other person who is to be named in particular 6 of the certificate of insurance; (b) the date of birth of each person to whom paragraph (a) applies; (c) the registration number or, in the event that the registration number is not available, the vehicle identification number (VIN) or any other unique identifying number given by the manufacturer, if available; (d) in respect of each person who is to be named in particular 6 of the certificate of insurance— (i) the country of issue of the licence or permit, and (ii) in the case the person concerned holds— (I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, (II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the permit, or (III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued. (2) Any change or error in respect of the information which has been provided pursuant to subsection (1) shall be notified by the person to whom the approved policy of insurance is issued or to be issued to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a class E fine. (4) For the purpose of or in the course of obtaining an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a fleet owner or motor trader shall supply to the vehicle insurer or intermediary, as the case may be— (a) his or her name and address and the names of any other person to be named in particular 6 of the certificate of insurance, and (b) where applicable, the class or classes of driver whose liability is proposed to be covered by the policy. (5) Any change or error in respect of the information which has been provided pursuant to subsection (4) shall be notified by the fleet owner or motor trader, as the case may be, to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable. (6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a class E fine. (7) A fleet owner or motor trader, as the case may be, shall, in respect of an approved policy of insurance to which subsection (4) refers, supply to MIBI within 14 days— (a) of the issuing of an approved policy of insurance, in respect of a person named in particular 6 of the certificate of insurance— (i) his or her date of birth, and (ii) the information specified in paragraph (d)(i), (ii) or (iii), as the case may be, of subsection (1), (b) of a person’s name being added to particular 6 of the certificate of insurance, his or her name and date of birth and such of the information specified in paragraph (d)(i), (ii) or (iii), as is relevant to him or her, and (c) of a vehicle being in the possession of the fleet owner or motor trader, as the case may be, the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available. (8) Where a vehicle is in the possession of a fleet owner or motor trader for 14 days or less, the requirement under subsection (7)(c) does not apply. (9) Any change or error in respect of the information provided pursuant to subsection (7)(a), (b) or (c) shall be notified by the fleet owner or motor trader to MIBI within 5 days of the change occurring or the error coming to the attention of the owner or trader, as the case may be. (10) A person who contravenes subsection (7) or (9) commits an offence and is liable on summary conviction to a class E fine. (11) A vehicle insurer shall not issue a policy of insurance to a person who fails to supply the information required under subsection (1) or (4). (12) A person who contravenes subsection (11) commits an offence and shall be liable on summary conviction to a class E fine. (13) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or the connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (14) In proceedings for an offence under this section or section 78A it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence. (15) For the purposes of this section and section 78A— (a) a renewal of an approved policy of insurance shall be deemed to be an issue thereof, (b) ‘certificate of insurance’ means the certificate the form of which is in the Second Schedule to the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ), (c) ‘fleet owner’ has the same meaning as it has in the Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 ), (d) ‘MIBI’ means the Motor Insurers’ Bureau of Ireland, and (e) ‘motor trader’ means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing, dealing in or distributing components or parts for vehicles or of the carriage of vehicles). Transitional provision (section 56A) 56B. Where, immediately after the commencement of section 56A, a person is in the process of submitting information to an insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purpose, or in the course, of obtaining the issue of an approved policy of insurance, but the policy has not issued to him or to her, the provisions of section 56A shall apply.”, (m) in section 58— (i) by the substitution of the following subsection for subsection (1): “(1) In this Act, ‘vehicle insurer’ means an insurer or an insurer authorised in another Member State— (a) issuing policies covering risk in the State classified under class 10 in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ), and (b) which is a member of the Motor Insurers’ Bureau of Ireland, other than an insurer that issues policies covering carrier’s liability only.”, and (ii) by the deletion of subsection (2), (n) in section 78, by the substitution of the following subsections for subsection (1): “(1) Subject to subsection (1A), a person shall not issue policies covering risk in the State classified under class 10 in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), unless the person is a member of the Bureau. (1A) The policies referred to in subsection (1) exclude policies covering carriers’ liability only.”, (o) by the substitution of the following section for section 78A: “78A. (1) MIBI shall maintain a database of information specified in subsections (2), (3), (4), (5) and (7), and of information submitted to it under section 56A(7) and (9), and is designated as a data controller in relation to personal data processed for the purposes of this section and section 56A. (2) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance, notify MIBI of the following information in respect of persons to whom section 56A(1) applies: (a) the name and address of the person to whom the policy of insurance is issued and the name of any other person named in particular 6 of the certificate of insurance; (b) the date of birth of a person to whom paragraph (a) applies; (c) any limitations as to the use of a mechanically propelled vehicle to which the policy relates; (d) the policy number and the period of cover of the policy; (e) the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available; (f) in respect of each person named in particular 6 of the certificate of insurance— (i) the country of issue of the licence or permit, and (ii) in the case the person concerned holds— (I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, (II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, or (III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued. (3) Where a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf becomes aware of any error in or change to information provided to the insurer under section 56A(1), the insurer or intermediary, as the case may be, shall, within 5 working days of being made aware of the change or error, notify MIBI of such change or error. (4) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance to a fleet owner or motor trader, notify MIBI of the following information in respect of that policy: (a) the name and address of the fleet owner or motor trader, as the case may be, and the names of any person named in particular 6 of the certificate of insurance; (b) any limitations as to the use of a mechanically propelled vehicle to which the policy relates; (c) the policy number and the period of cover of the policy. (5) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall ensure that any changes or errors with respect to the matters provided for in subsection (4) are notified to MIBI within 5 working days after the insurer or intermediary, as the case may be, becomes aware of the change or error. (6) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who contravenes subsection (2), (3), (4), (5) or (7) commits an offence and is liable on summary conviction to a class E fine. (7) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has cancelled an approved policy of insurance, notify MIBI of the cancellation. (8) MIBI may process data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) for the purposes of its functions under Regulations 5 and 6 of the European Communities (Fourth Motor Insurance Directive) Regulations 2003 ( S.I. No. 651 of 2003 ). (9) MIBI shall make available data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) to— (a) the Minister, for the purposes of the Minister’s functions under section 60 of the Finance Act 1993 in respect of the National Vehicle and Driver File and for the purposes of the Minister’s functions under section 2 of the Road Traffic and Transport Act 2006 in respect of an operator’s licence, (b) the Garda Síochána, for the purposes of carrying out its functions in respect to enforcement of the Road Traffic Acts 1961 to 2023, (c) the National Transport Authority, for the purposes of its functions under the Taxi Regulation Acts 2013 and 2016 and the Taxi Regulation (Small Public Service Vehicles) Regulations 2015 ( S.I. No. 33 of 2015 ), (d) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who provided it with information under subsection (2), (3), (4), (5) or (7), and (e) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purposes of verifying information provided pursuant to section 56A(7) and (9) in circumstances where there is an approved policy of insurance to which section 56A(4) applies. (10) MIBI shall, within 18 months of the commencement of this section and thereafter annually, submit to the Minister a report in relation to its operation of the database maintained by it pursuant to subsection (1). (11) MIBI may, subject to regulations made by the Minister for that purpose, make available the information specified in subsections (2), (3), (4), (5) or (7) and section 56A(7) and (9)— (a) to the recipients specified in subsection (9) for such further purposes as may be specified in the regulations, and (b) to such further recipients as may be specified in the regulations for such further purposes as may be specified therein. (12) In this section— ‘National Vehicle and Driver File’ means records established and maintained by the Minister under section 60 of the Finance Act 1993 ; ‘operator’s licence’ has the same meaning as it has in section 2 (9) of the Road Traffic and Transport Act 2006 .”. (p) by the insertion of the following section after section 109: “Powers of Garda Síochána in relation to dangerous driving 109A. (1) Where a member of the Garda Síochána reasonably believes that a vehicle has been, or is being, driven or used (or is likely to be driven or used) in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, the member may do all or any of the following: (a) require any person driving or using any such vehicle— (i) to stop and keep the vehicle stationary for such period as is reasonably necessary in order to enable such member to discharge his or her duties, (ii) to give to the member his or her name and address and date of birth, (iii) to exit, dismount or otherwise relinquish charge and control of the vehicle, or (iv) to leave the place concerned; (b) seize, remove, store and subsequently dispose of the vehicle, subject to this section. (2) For the purposes of subsection (1)(b), where a member of the Garda Síochána identifies the driver or user of the vehicle, the member shall, in so far as is practicable, inform the person of the seizure of the vehicle. (3) A member of the Garda Síochána may, for the purposes of exercising a power under subsection (1), enter without warrant (if need be by use of reasonable force) any place including the curtilage of a dwelling but not the dwelling. (4) A person who fails or refuses to comply with a requirement under subsection (1) or who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the exercise of his or her powers under subsection (1) or (3), including by giving a name or address or date of birth which is false or misleading when required to give such under subsection (1)(a)(ii), shall be guilty of an offence and shall be liable on summary conviction to a class A fine or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. (5) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section. (6) A vehicle shall not be disposed of under this section before the expiration of a period of 2 months from the date of its seizure under subsection (1)(b). (7) Following the seizure of a vehicle under subsection (1)(b), but prior to the disposal of the vehicle, any person may apply to the District Court for the area within which the vehicle was seized for an order releasing the vehicle. (8) A person intending to make an application under subsection (7) shall give notice in writing before the expiry of the period of 2 months referred to in subsection (6) to a Superintendent of the Garda Síochána in the division in which the vehicle was seized. (9) On being satisfied by evidence adduced by or on behalf of the applicant that he or she is the owner, and that— (a) at the time at which the vehicle was seized it was being driven or used by another person without his or her consent, or (b) he or she will not drive or use the vehicle, or allow the vehicle to be driven or used, in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, the court shall direct the release of the vehicle to a person specified in the order. (10) In making an assessment under subsection (9)(b), the court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the circumstances and the conduct of the applicant at the time at which the vehicle was seized and whether or not the vehicle or another vehicle owned by the applicant has been seized under subsection (1)(b) on any other occasion. (11) The decision of the District Court on an application under subsection (7) shall be final save that, by leave of that court, an appeal shall lie to the High Court on a point of law. (12) The standard of proof on an application for the release of a vehicle under this section shall be that applicable to civil proceedings. (13) Where no application is made for the release of a vehicle seized under this section or the District Court refuses an application to release the vehicle, the Commissioner of the Garda Síochána may dispose of the seized vehicle in any manner he or she thinks fit. (14) No action shall lie in respect of anything done in good faith and without negligence in the course of the seizure, removal, storage, release or disposal of a vehicle under this section.”, and (q) in section 115, by the insertion of the following subsection after subsection (6): “(6A) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.”. PART 5 Driving instruction Amendment of Road Traffic Act 1968 6. The Road Traffic Act 1968 is amended— (a) in section 6, by the substitution of “Schedule 1” for “the Schedule”, (b) in section 18— (i) by the insertion of the following subsection after subsection (1A): “(1B) The Road Safety Authority shall be responsible for the licensing of persons and the registration of licensed driving instructors in accordance with regulations made under this section.”, (ii) in subsection (2)— (I) in paragraph (a), by the insertion of “, and subsequent surrender or return,” after “revocation and suspension”, (II) in paragraph (aa)— (A) by the substitution of “plates, cards and badges” for “plates and badges”, (B) by the substitution of “plate, card or badge” for “plate or badge” in both places it occurs, and (C) by the insertion of “, and subsequent surrender or return” after “withdrawal”, (III) in paragraph (aaa), by the substitution of— (A) “licence or badge, card or plate” for “licence or badge or plate”, and (B) “plate, card or badge” for “plate or badge”, (IV) by the substitution of the following paragraph for paragraph (b): “(b) the qualifications of, tests to be passed by and courses of training to be undertaken by, persons in order to become and remain licensed driving instructors;”, (V) by the insertion of the following paragraph after paragraph (c): “(cc) the maintenance of a register of licensed driving instructors, the form of such register, the particulars to be entered on such register and the persons by whom, and the manner in which, the information contained in the register shall be made available;”, (VI) by the insertion of the following paragraphs after paragraph (e): “(ee) the notification by a licensed driving instructor to the Road Safety Authority where a person has completed a course, or part of a course, of training with the instructor, (ef) the transfer of information between licensed driving instructors and the Road Safety Authority;”, (VII) in paragraph (k), by the substitution of “plate, card or badge” for “plate or badge”, (VIII) by the insertion of the following paragraph after paragraph (k): “(kk) the carrying out of tests in respect of licensed driving instructors consisting of observation by an examiner of an instruction lesson given by the instructor to a learner driver or the examiner;”, (IX) in paragraph (l), by the substitution of “licences, cards or badges” for “licences or badges”, (X) by the insertion of the following paragraph after paragraph (l): “(la) the return of expired licences, cards and badges issued under regulations under this section;”, and (XI) in paragraph (o) by the substitution of “subsections (8) and (9)” for “subsection (8)”, and (iii) by the insertion of the following subsection after subsection (7): “(8) Where an applicant for a licence under regulations under this section is convicted of an offence under subsection (7) he or she shall be prohibited from holding such a licence for the period prescribed in regulations under this section in respect of the offence. (9) Where the holder of a licence is convicted of an offence under subsection (7), the licence shall stand revoked or, as the case may be, suspended in accordance with regulations under this section for the period prescribed in such regulations in respect of the offence.”, (c) by the insertion of the following section after section 18: “ Disqualification of driving instructors 18A. (1) An applicant for, or the holder of, a licence shall notify the Authority in writing if he or she has been, or is, convicted of an offence specified in Schedule 2. (2) A person convicted of an offence specified in Part 1 of Schedule 2 is disqualified for holding a licence for life from the date of such conviction. (3) Subject to subsection (4), a person convicted of an offence specified in Part 2 of Schedule 2 shall be disqualified for holding a licence for a period of 3 years from the date of such conviction. (4) Where, on foot of a conviction for an offence referred to in subsection (3), the person is sentenced to a term of imprisonment, the period of disqualification referred to in that subsection shall be extended by such term of imprisonment. (5) Where, on foot of a conviction for an offence specified in Part 3 of Schedule 2, a person is disqualified for holding a driving licence for a specified period, the person shall be disqualified for holding an instructor’s licence for the specified period and for a further period of 3 years. (6) A notification under subsection (1) shall be made— (a) where the person was convicted of the offence before making the application, at the time of making the application, and (b) where the person convicted is the holder of a licence, within— (i) 3 months of the commencement of this subsection, or (ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction, whichever is the later. (7) A notification under subsection (1) shall include details of— (a) the nature of the offence, (b) whether the conviction is one of a number of convictions for the same or different offences, (c) any penalty or sentence suffered on foot of the conviction, and (d) any disqualification or forfeiture imposed on foot of the conviction. (8) Where a person is disqualified for holding a licence under this section— (a) the Authority shall not grant a licence to the person, and (b) any licence held by the person shall stand revoked. (9) A person who fails to notify the Authority in accordance with this section or who provides information to the Authority under this section, knowing it to be false or misleading, commits an offence. (10) In this section— ‘Authority’ means the Road Safety Authority; ‘licence’ means a licence authorising a person to give for reward instruction in or in respect of driving a mechanically propelled vehicle. (11) A reference in this section to an offence specified in Schedule 2 includes a reference to an offence under the law of another jurisdiction which corresponds to that offence where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in Schedule 2.”, (d) in the Schedule to that Act by the substitution of “Schedule 1 - Minor and consequential amendments of Principal Act” for “Schedule - Minor and consequential amendments of Principal Act”, and (e) by the insertion of the following Schedule after the Schedule to that Act: “SCHEDULE 2 Section 18A Specified Offences PART 1 Life Disqualification COMMON LAW OFFENCES 1. Murder. 2. Rape. INTERNATIONAL OFFENCES 3. An offence under section 7 or 8 of the International Criminal Court Act 2006 . 4. An offence under section 3 of the Geneva Conventions Act 1962 . SEXUAL OFFENCES 5. An offence under section 3 or 6 of the Criminal Law Amendment Act 1885 . 6. An offence under section 1 or 2 of the Punishment of Incest Act 1908 . 7. An offence under section 2 , 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990 . 8. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 . 9. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 . 10. An offence under section 3 of the Child Trafficking and Pornography Act 1998 . 11. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 . 12. An offence under section 21 or 22 of the Criminal Law (Sexual Offences) Act 2017 . TORTURE 13. An offence under section 2 or 3 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 . SUPPRESSION OF TERRORISM 14. An offence under section 6 , 9 (1), 10 (1) or 11 of the Criminal Justice (Terrorist Offences) Act 2005 . PART 2 Disqualification for Specified Period COMMON LAW OFFENCE 1. Manslaughter. OFFENCES AGAINST THE PERSON 2. An offence under section 18 or 19 (1) of the Criminal Justice (Public Order) Act 1994 . 3. An offence under the Non-Fatal Offences against the Person Act 1997 (other than section 2 or 16). SEXUAL OFFENCES 4. An offence under section 3 of the Sexual Offences (Jurisdiction) Act 1996 . 5. An offence under section 4 , 4A, 5 or 5A of the Child Trafficking and Pornography Act 1998 . 6. An offence under section 246 or 249 of the Children Act 2001 . 7. An offence under section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006 . 8. An offence under section 3 , 4 , 5 , 6 , 7 or 8 of the Criminal Law (Sexual Offences) Act 2017 . HUMAN TRAFFICKING OFFENCES 9. An offence under section 2 , 4 or 5 of the Criminal Law (Human Trafficking) Act 2008 . THEFT AND FRAUD OFFENCES 10. An offence under section 2 (2)(b), 3 (b) or 4 (b)(i) of the Criminal Damage Act 1991 . 11. An offence under section 13 or 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 . FIREARMS OFFENCES 12. An offence under section 2 or 15 of the Firearms Act 1925 . 13. An offence under section 26 or 27 (inserted by sections 57 and 58 , respectively, of the Criminal Justice Act 2006 ) of the Firearms Act 1964 . 14. An offence under section 8 , 9 , 10 or 11 of the Firearms and Offensive Weapons Act 1990 . UNLAWFUL TAKING OF MOTOR VEHICLE 15. An offence under section 112 of the Road Traffic Act 1961 . PUBLIC ORDER OFFENCES 16. An offence under section 14 , 15 , 16 or 17 of the Criminal Justice (Public Order) Act 1994 . 17. An offence under section 176 of the Criminal Justice Act 2006 . OFFENCES IN RELATION TO AIRCRAFT AND VEHICLES 18. An offence under section 11 of the Air Navigation and Transport Act 1973 . 19. An offence under section 3 of the Air Navigation and Transport Act 1975 . 20. An offence under section 10 of the Criminal Law (Jurisdiction) Act 1976 . OFFENCES AGAINST THE STATE 21. An offence under section 7 (1), 8 (1) or 9 (1) or (2) of the Offences Against the State Act 1939 . INTERNATIONAL 22. An offence under section 4 of the Geneva Conventions Act 1962 . 23. An offence under section 2 , 3 or 4 of the Criminal Justice (Safety of United Nations Workers) Act 2000 . EXPLOSIVES 24. An offence under section 2 or 3 of the Explosive Substances Act 1883 . MARITIME SECURITY OFFENCES 25. An offence under section 2 or 3 of the Maritime Security Act 2004 . INCITEMENT TO HATRED 26. An offence under section 2 of the Prohibition of Incitement to Hatred Act 1989 . PART 3 Disqualification for a Specified Period (Road Traffic Offences) 1. An offence under section 52 of the Road Traffic Act 1961 . 2. An offence under section 53 of the Road Traffic Act 1961 . 3. An offence under section 4 of the Road Traffic Act 2010 . 4. An offence under section 5 of the Road Traffic Act 2010 . 5. An offence under section 12 or section 14 of the Road Traffic Act 2010 . ACCOMPLICES References in this Schedule to an offence include references to participation as an accomplice of a person who commits the offence.”. PART 6 Amendment of Act of 1975 Fixed charge offences 7. The Act of 1975 is amended by the substitution of the following section for section 3: “3. (1) Sections 3A to 3H apply to such of the offences specified in subsection (2) as may be declared by the Minister by regulations made after consultation with the Minister for Justice to be fixed charge offences. (2) The offences referred to in subsection (1) are as follows: (a) an offence under the Road Traffic Acts 1961 to 2023 relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles; (b) an offence under section 11 of the Act of 1961 of contravening the Road Traffic (Display of Test Disc) Regulations 2009 ( S.I. No. 548 of 2009 ); (c) an offence under section 73 of the Finance Act 1976 ; (d) an offence under section 13 of the Roads Act 1920 of using a vehicle for which a licence under the Finance (Excise Duties) (Vehicles) Act 1952 is not in force; (e) an offence under regulations under the Roads Act 1920 of not fixing to and exhibiting on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle for the time being in force taken out under the Finance (Excise Duties) (Vehicles) Act 1952 . (3) A reference in sections 3A to 3H to a fixed charge offence is a reference to an offence so declared by the Minister under subsection (1).”. Insertion of new sections 3A to 3H in Act of 1975 8. The Act of 1975 is amended by the insertion of the following sections after section 3: “Fixed charge notice - service 3A. (1) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person, the warden shall, in accordance with this section— (a) if the warden identifies the person, serve, or cause to be served, personally or by post, on the person a fixed charge notice, or (b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle— (i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice, or (ii) affix such notice to the vehicle. (2) A prosecution in respect of a fixed charge offence shall not be instituted by a local authority unless a fixed charge notice in respect of the alleged offence has been served on the person concerned or affixed to his or her vehicle under this section and the person fails to pay the fixed charge in accordance with the notice. (3) Where a fixed charge notice is being served on a person identified under subsection (1)(a) or on a registered owner where subsection (1)(b)(i) applies, it may be served— (a) in the case of personal service— (i) where the person is identified, by— (I) delivering it to the person, or (II) leaving it at the address— (A) at which the person ordinarily resides, (B) which, at the time of the alleged offence, the person gave to the warden referred to in subsection (1), or (C) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence, or (ii) where the person is not identified, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence, or (b) in the case of postal service— (i) where the person is identified, by posting it to the address (inside or outside the State)— (I) at which the person ordinarily resides, (II) which, at the time of the alleged offence, the person gave to the warden referred to in subsection (1), or (III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence, or (ii) where the person is not identified, by posting it to the address at which the vehicle is registered at the time of the alleged offence. (4) Where— (a) a fixed charge notice is served on the registered owner of a mechanically propelled vehicle under paragraph (a) or (b)(i) of subsection (1) or affixed to such a vehicle under subsection (1)(b)(ii), and (b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates, the registered owner shall— (i) not later than 28 days after the date of the notice, give or send to a traffic warden at the place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and (ii) give or send to a traffic warden, within such period as may be specified by the warden, at the place specified in the notice such other information within his or her knowledge or procurement as the warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in paragraph (i). (5) Where a registered owner is giving or sending in accordance with subsection (4)(i) the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. (6) In a prosecution for an offence under section 3E(2), it shall be presumed, unless the contrary is shown, that no name or address was given or sent in accordance with subsection (4)(i) or information given or sent in accordance with subsection (4)(ii). (7) For the purposes of paragraph (i) and (ii) of subsection (4), where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the registered owner. (8) A local authority in whose functional area a fixed charge offence was committed shall, not later than 28 days after a document referred to in subsection (4)(i) containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a traffic warden, cause a notice under this section to be served, personally or by post, on the person. Fixed charge notice - form 3B. (1) A fixed charge notice— (a) shall be in the prescribed form, (b) shall contain details of the manner of payment of a fixed charge, and (c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed. (2) If a notice is served under subsection (1)(a) or (8) of section 3A, it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— (a) the person on whom it is served is alleged to have committed an offence specified in the notice, (b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice, (c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), (d) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and (e) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) and, if the person pays such amount, proceedings in respect of the alleged offence will be discontinued. (3) If a notice is served under section 3A(1)(b)(i), or affixed to a mechanically propelled vehicle under section 3A(1)(b)(ii), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— (a) an offence specified in the notice is alleged to have been committed, (b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount, (c) if the person does not make the payment specified in paragraph (b) during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), (d) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b), (e) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by section 3A(4)— (i) not later than 28 days after the date of the notice, to give or send to a traffic warden at a specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and (ii) to give or send to a traffic warden within such period as may be specified by him or her at a specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i), (f) a prosecution in respect of the a