Road Traffic and Roads Act 2023

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PART 7

Amendment of Act of 1994

Amendment of Act of 1994

11. The Act of 1994 is amended—

(a) in section 35, by the insertion of the following subsections after subsection (7):

“(8) A person who, in purported compliance with regulations providing for the matters in paragraph (m), (s) or (t) of subsection (2), supplies information that is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading, commits an offence.

(9) A person who commits an offence under subsection (8) shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding six months, or both such fine and imprisonment.

(10) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under subsection (8) may be instituted within 2 years from the date on which the offence was committed.”,

(b) by the insertion of the following section after section 35:

“Regulations for control of certain vehicles

35A. (1) The Minister may make regulations prohibiting or restricting the use of specified vehicles or classes of vehicles.

(2) Different regulations may be made under this section—

(a) in respect of different classes of vehicles, and

(b) for different circumstances and different places.

(3) A person who contravenes a regulation under this section shall be guilty of an offence.

(4) 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.”,

and

(c) in section 41(1)—

(i) in paragraph (a)—

(I) in subparagraph (iii), by the substitution of “permit,” for “permit, or”,

(II) in subparagraph (iv), by the substitution of “( S.I. No. 537 of 2006 ), or” for “( S.I. No. 537 of 2006 ).”, and

(III) by the insertion of the following subparagraph after subparagraph (iv):

“(v) is, in the opinion of a member of the Garda Síochána, not the holder of a driving licence or learner permit.”,

and

(ii) by the substitution of the following paragraphs for paragraphs (e) and (f):

“(e) the vehicle is, or a member of the Garda Síochána is of the opinion that the vehicle is, being so used in contravention of section 6 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 , or

(f) in the case of a vehicle registered in another Member State, the vehicle is, or a member of the Garda Síochána is of the opinion that it is, being so used without a proof of passing a roadworthiness test in accordance with Directive 2014/45/EU of 3 April 2014² which is for the time being in force in respect of the vehicle.”.

² OJ No. L127, 29.04.2014, p. 51