PART I.

Preliminary and General.

1. —This Act may be cited as the Road Traffic Act, 1933.

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. —In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “the Commissioner” means the Commissioner of the Gárda Síochána;

the word “vehicle” includes every kind of carriage, conveyance, or machine, however propelled or drawn, which is constructed or adapted for use on roads or on permanent rails laid on roads, whether such carriage, conveyance, or machine is supported on wheels, rollers, moving track, or sliding runners, and whether such carriage, conveyance, or machine is or is not used or capable of being used for the carriage of persons or of goods, but the said word does not include any carriage or conveyance which is carried and wholly supported by human beings or animals;

the expression “mechanically propelled vehicle” does not include a tramcar or other vehicle running on permanent rails;

the expression “public service vehicle” means a mechanically propelled vehicle used for the carriage of passengers for reward;

the expression “large public service vehicle” means a public service vehicle having seating accommodation for more than six persons exclusive of the driver;

the expression “small public service vehicle” means a public service vehicle which is not a large public service vehicle;

the word “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;

the word “charabanc” means a large public service vehicle which is for the time being used for the carriage of passengers for reward otherwise than as an omnibus;

the expression “street service vehicle” means a small public service vehicle the driver of which offers in a public place himself and the said vehicle for hire and for that purpose stands or drives such vehicle in a public place;

the expression “private hire vehicle” means a small public service vehicle which is used for the carriage of passengers for reward and is not a street service vehicle;

the expression “pedal bicycle” means a bicycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon;

the expression “pedal tricycle” means a tricycle which is designed and constructed for propulsion solely by the physical exertions of a person or persons seated thereon;

the expression “pedal cyclist” means a person riding or having control or management of a pedal bicycle or a pedal tricycle;

the expression “public place” means 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;

the expression “fire brigade vehicle” means a mechanically propelled vehicle owned and maintained by a local authority for the purpose of extinguishing fires or any purpose incidental thereto or for the conveyance of persons employed for any such purpose by such local authority;

the word “ambulance” means a mechanically propelled vehicle specially designed and constructed for the conveyance of sick or injured persons;

the word “road” means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing, or wall forming part thereof;

the word “roadway” means that portion of any road which is provided primarily for the use of vehicles;

the word “footway” means that portion of any road which is provided primarily for the use of pedestrians;

the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925), or any enactment amending that Act to be a period of summer time;

the expression “lighting-up hours” means—

(a) in relation to any time which is a period of summer time, the period commencing one hour after sunset on any day and expiring one hour before sunrise on the next day, and

(b) in relation to any time which is not a period of summer time, the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day;

the word “driving” when used in relation to a mechanically propelled vehicle includes managing and controlling, and the word “driver” and other cognate words shall be construed accordingly;

the word “owner” when used in relation to a mechanically propelled vehicle which is the subject of a hiring agreement (other than a mere contract for the carriage of persons or goods) or a hire purchase agreement means the person in possession of such vehicle under such agreement;

the expression “prescribed” means prescribed by regulations made by the Minister under this Act.

4. —(1) The Minister may by regulations made by him under this Act do all or any of the following things, that is to say:—

(a) prescribe the characteristics and qualities to be possessed by a tyre in order that it may be a pneumatic tyre for the purposes of this Act,

(b) declare that a tyre which, though not containing air under pressure, possesses certain specified characteristics or qualities shall be a pneumatic tyre for the purposes of this Act,

(c) declare that a tyre which possesses certain specified characteristics or qualities shall not be a pneumatic tyre for the purposes of this Act notwithstanding that it contains air under pressure.

(2) If regulations are made under this section then, so long as such regulations remain in force, the expression “pneumatic tyre” shall wherever it occurs in this Act (except this section) mean a tyre which under such regulations is a pneumatic tyre for the purposes of this Act.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

5. —(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 V of this Act does not apply to vehicles owned by the State or to persons driving such vehicles.

6. —The Minister may by order make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

7. —(1) Whenever power is conferred on the Minister by this Act to make, approve of, confirm, or consent to any order, regulation or bye-law, to consent to any matter, to determine any appeal, difference, dispute, or other matter, or to take any other action, the Minister may before exercising such power hold a public inquiry into the matter which is the subject of such exercise of such power.

(2) Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public inquiry held under this or any other section of this Act in like manner as the said Article applies in respect of the local inquiries mentioned therein.

8. —(1) Every 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) Whenever a bye-law is submitted to the Minister under this section the Minister shall either, as he shall think proper, refuse to approve of such bye-law, or approve thereof without modification, or make such modifications therein as he shall think proper and approve of such bye-law as so modified.

(3) Every 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 sub-sections 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) Whenever 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, that is to say:—

(a) The Commissioner shall give to the council of every county, county borough, borough, and urban district and the commissioners of every town to which or to any part of which such bye-law is intended to apply notice of his intention to make such bye-law and the Commissioner shall consider all representations made to him by any such council or commissioners in respect of such proposed bye-law;

(b) the Commissioner shall, if and when he submits such bye-law to the Minister under this section, give to every such council and commissioners notice of such submission and the Minister shall consider all representations made to him by any such council or commissioners in respect of such bye-law;

(c) the Minister shall not approve of such bye-law before the expiration of one month after notice of the submission of such bye-law to him was given under this section to every such council and commissioners;

(d) for the purposes of this sub-section 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 such county which is not in any borough, urban district, or town;

(e) in this sub-section the word “town” means a town having town commissioners under the Towns Improvement (Ireland) Act, 1854.

9. —(1) Section 4 of the Documentary Evidence Act, 1925 (No. 24 of 1925), shall apply to every bye-law made under this Act by the Commissioner.

(2) Sub-section (1) of section 6 of the Documentary Evidence Act, 1925 , is hereby amended by adding to the official documents mentioned in that sub-section bye-laws made by the Commissioner under this Act, and the said section 6 shall have effect accordingly.

10. —(1) All expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920, or of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of the Road Fund, and for that purpose there shall, in respect of every financial year, be paid into the Exchequer from the Road Fund at such times and in such manner as the Minister for Finance shall direct such sums as the Minister shall, with the concurrence of the Minister for Finance, determine to be the amount of the expenses so incurred in the execution of the Roads Act, 1920, and of this Act in that financial year.

(2) Where the Minister for Finance is satisfied that the amount of the expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920, or of this Act in any financial year cannot conveniently be determined, the sum payable under this section into the Exchequer from the Road Fund in respect of such expenses may, with the sanction of the Minister for Finance, be calculated in any manner approved of by the Minister for Finance and, in particular, may be determined as a percentage of the total amounts paid into the Road Fund from any source in that financial year.

(3) Any expenses which are by virtue of this section to be defrayed out of the Road Fund may, with the sanction of the Minister for Finance, be paid directly out of the Road Fund, and any salary or remuneration of any person so paid directly out of the Road Fund shall for the purposes of the Superannuation Acts, 1834 to 1923, be deemed to be paid out of moneys provided by the Oireachtas.

(4) Where, in the opinion of the Minister and of the Minister for Finance, any expenses which were incurred after the 1st day of April, 1932, and before the coming into operation of this section and were paid out of the Exchequer, would, if sub-section (3) of this section had been in operation at the time when such expenses were so incurred, have been paid directly out of the Road Fund, the amount of such expenses shall be refunded to the Exchequer from the Road Fund at such time and in such manner as the Minister for Finance shall direct.

(5) The expenses incurred by any Minister or by the Commissioner in the execution of the Roads Act, 1920, or of this Act in any financial year shall, for the purposes of this section, be deemed to include such charges in respect of superannuation and other allowances and gratuities payable on death or retirement as the Minister shall, with the concurrence of the Minister for Finance, determine to be proper.

(6) Sub-section (4) of section 3 of the Roads Act, 1920, shall be construed and have effect as if paragraphs (b) and (c) of that sub-section were omitted therefrom and as if the expenses required by this section to be defrayed out of the Road Fund were included in the expenses mentioned in paragraph (e) of the said sub-section.

11. —(1) Save as is otherwise expressly provided by this Act, all fees and other sums received by the Commissioner under this Act or regulations made thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(2) Save as is otherwise expressly provided by this Act, all fines imposed by a court of summary jurisdiction 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.

12. —Nothing in this Act shall authorise any person to use upon a highway a mechanically propelled vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in this Act, be liable to an indictment or action, as the case may be, for such use when, but for the passing of this Act, such indictment or action could be maintained.

13. —(1) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Every provision in any enactment (whether of general or local application) which either—

(a) is of similar or corresponding effect as or is inconsistent with any section or sub-section of this Act, or

(b) confers on any person a power of making orders, regulations, or bye-laws, or of issuing licences similar or corresponding to or inconsistent with a power of making orders, regulations, or bye-laws or of issuing licences (whether of the same or wider local application or of general application) conferred by any section or sub-section of this Act on the same or another person,

shall, to the extent of such similarity, correspondence, or inconsistency (as the case may be), cease to have effect immediately upon the commencement of such section or sub-section.

(3) Every mechanically propelled vehicle which, if the Locomotives on Highways Act, 1896, were not repealed by this Act, would, by virtue of paragraph (b) of the proviso to sub-section (1) of section 1 of that Act, be a carriage or a carriage of a particular class within the meaning of any enactment, rule, regulation, or bye-law not repealed or terminated by this section shall continue to be a carriage or a carriage of that particular class (as the case may be) within the meaning of such enactment rule, regulation, or bye-law.