Road Traffic Act 2016
The Road Traffic Act 2016 was signed into law on 27th December 2016.
The Road Traffic Act 2016 was signed into law on 27th December 2016.
| road_traffic_act_2016.pdf |
The main provisions outlined in the Act are detailed below
Drug Driving
An Garda Síochána have been given new powers to test drivers for drugs at the roadside. Current provisions for Mandatory Alcohol Testing (MAT) checkpoints will be extended to provide for Mandatory Intoxication Testing (MIT) checkpoints testing drivers for both alcohol and drugs. Under the new measures, Gardaí can ask drivers to undergo a preliminary drug test for cannabis, cocaine, a range of opiates (including heroin and morphine) and a range of benzodiazepines (including diazepam and flurazepam).
Written-off vehicles
The provisions in this Act change the current arrangements between the insurance industry and the Department of Transport in relation to domestic write-offs from ‘voluntary’ to ‘statutory’. All insurers will be statutorily required to notify the Department of Transport of category A (irreparable and fit for scrap only) and category B (useful for viable spare parts only) write-offs so that these vehicles' records can be locked down on the National Vehicle and Driver File and their circulation prevented.
Mutual Recognition of Driving Disqualifications with the UK
Measures to give effect to agreement between Ireland and the UK on mutual recognition of driver disqualifications. Under this agreement, where holders of Irish driving licences are convicted of road traffic offences in the UK and disqualified from driving in that jurisdiction, the appropriate authority in Ireland – the Road Safety Authority – will be notified and will be able to apply to the Irish courts to have the person disqualified in this jurisdiction. UK licence holders who are disqualified in Ireland will also be disqualified in the UK
20km/h Speed Limit
The Act creates a new option for local authorities to impose a special speed limit of 20km/h in built-up areas. This will be in addition to the existing possible speed limits for built-up areas of 50km/h, 40km/h and 30km/h.
Uninsured drivers
The Act allows for the establishment of the Insured and Uninsured Database by Insurance Ireland and MIBI which will provide reliable data to An Garda Síochána to enable them to detect uninsured drivers.
Measures to ensure that drivers convicted in court have penalty points endorsed on their driver record
The Act provides for a new requirement for the presiding judge to ask a driver convicted in court for a driving offence to produce their licence to the court. The court will then record the licence details, or the fact that it was not produced with failure to produce a licence an offence. This new provision addresses a loophole in our legislation whereby many drivers were escaping having their penalty points recorded on their licences following conviction in court.
Unaccompanied learner drivers
The Act creates an offence for the owners of vehicles who knowingly allow learners to drive their vehicle unaccompanied by a qualified driver.
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Road Traffic Act 2014 The Road Traffic Act was signed into law on 25th February 2014.
Link to Road Traffic Act 2014 (pdf)
The main provisions outlined in the Act are detailed below
* Roadside impairment testing, where Gardaí can carry out cognitive tests to establish if a driver is under the influence of an intoxicant. The result of the test can be used if a prosecution proceeds.
* A new Road Traffic offence of tampering with an odometer (clocking) with a penalty of €2,500 and/or three months in prison.
* Tougher penalties for involvement in a hit & run accident as follows: When a person flees the scene, with intent to escape liability, and does not offer assistance, knowing injury has been caused, €10,000 and/or seven years; where death results, €20,000 and/or ten years.
* The Act changes the level of penalty points for several offences. These changes will come into effect when the Garda Pulse system is next updated. There will be increases for offences such as: Speeding will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Mobile phone use will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Non-wearing of seatbelts will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge.
* Taking a blood specimen in hospital from a driver incapacitated following a road traffic collision. The permission of the treating doctor will be required before the specimen can be taken and the results of the analysis will be revealed only when the driver can, subsequently, give permission.
Further measures in the Graduated Driver Licence System by:
* Introducing the concept of ‘Novice’ for the first two years of a first licence. Novices will be required to display an ‘N’ plate;
* Setting the disqualifying level for novice and learner drivers at 7 penalty points, just over half the level for other drivers;
* Requiring learner drivers to produce a log book indicating that they have taken a minimum (to be specified in Regulations) of accompanied driving experience before taking a driving test. This is in addition to the 12 formal lessons with approved driving instructors already required.
* Learner permit holders driving unaccompanied and or failing to display an L-plate will now attract two penalty points for each offense.
Drug Driving
An Garda Síochána have been given new powers to test drivers for drugs at the roadside. Current provisions for Mandatory Alcohol Testing (MAT) checkpoints will be extended to provide for Mandatory Intoxication Testing (MIT) checkpoints testing drivers for both alcohol and drugs. Under the new measures, Gardaí can ask drivers to undergo a preliminary drug test for cannabis, cocaine, a range of opiates (including heroin and morphine) and a range of benzodiazepines (including diazepam and flurazepam).
Written-off vehicles
The provisions in this Act change the current arrangements between the insurance industry and the Department of Transport in relation to domestic write-offs from ‘voluntary’ to ‘statutory’. All insurers will be statutorily required to notify the Department of Transport of category A (irreparable and fit for scrap only) and category B (useful for viable spare parts only) write-offs so that these vehicles' records can be locked down on the National Vehicle and Driver File and their circulation prevented.
Mutual Recognition of Driving Disqualifications with the UK
Measures to give effect to agreement between Ireland and the UK on mutual recognition of driver disqualifications. Under this agreement, where holders of Irish driving licences are convicted of road traffic offences in the UK and disqualified from driving in that jurisdiction, the appropriate authority in Ireland – the Road Safety Authority – will be notified and will be able to apply to the Irish courts to have the person disqualified in this jurisdiction. UK licence holders who are disqualified in Ireland will also be disqualified in the UK
20km/h Speed Limit
The Act creates a new option for local authorities to impose a special speed limit of 20km/h in built-up areas. This will be in addition to the existing possible speed limits for built-up areas of 50km/h, 40km/h and 30km/h.
Uninsured drivers
The Act allows for the establishment of the Insured and Uninsured Database by Insurance Ireland and MIBI which will provide reliable data to An Garda Síochána to enable them to detect uninsured drivers.
Measures to ensure that drivers convicted in court have penalty points endorsed on their driver record
The Act provides for a new requirement for the presiding judge to ask a driver convicted in court for a driving offence to produce their licence to the court. The court will then record the licence details, or the fact that it was not produced with failure to produce a licence an offence. This new provision addresses a loophole in our legislation whereby many drivers were escaping having their penalty points recorded on their licences following conviction in court.
Unaccompanied learner drivers
The Act creates an offence for the owners of vehicles who knowingly allow learners to drive their vehicle unaccompanied by a qualified driver.
_________________________________________________________________________________
Road Traffic Act 2014 The Road Traffic Act was signed into law on 25th February 2014.
Link to Road Traffic Act 2014 (pdf)
The main provisions outlined in the Act are detailed below
* Roadside impairment testing, where Gardaí can carry out cognitive tests to establish if a driver is under the influence of an intoxicant. The result of the test can be used if a prosecution proceeds.
* A new Road Traffic offence of tampering with an odometer (clocking) with a penalty of €2,500 and/or three months in prison.
* Tougher penalties for involvement in a hit & run accident as follows: When a person flees the scene, with intent to escape liability, and does not offer assistance, knowing injury has been caused, €10,000 and/or seven years; where death results, €20,000 and/or ten years.
* The Act changes the level of penalty points for several offences. These changes will come into effect when the Garda Pulse system is next updated. There will be increases for offences such as: Speeding will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Mobile phone use will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Non-wearing of seatbelts will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4); Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge.
* Taking a blood specimen in hospital from a driver incapacitated following a road traffic collision. The permission of the treating doctor will be required before the specimen can be taken and the results of the analysis will be revealed only when the driver can, subsequently, give permission.
Further measures in the Graduated Driver Licence System by:
* Introducing the concept of ‘Novice’ for the first two years of a first licence. Novices will be required to display an ‘N’ plate;
* Setting the disqualifying level for novice and learner drivers at 7 penalty points, just over half the level for other drivers;
* Requiring learner drivers to produce a log book indicating that they have taken a minimum (to be specified in Regulations) of accompanied driving experience before taking a driving test. This is in addition to the 12 formal lessons with approved driving instructors already required.
* Learner permit holders driving unaccompanied and or failing to display an L-plate will now attract two penalty points for each offense.
