S.I. No. 396/1977 - Local Government (Roads and Motorways) Act, 1974 (Prescribed Traffic) General Regulations, 1977.

S.I. No. 396 of 1977.

LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 (PRESCRIBED TRAFFIC) GENERAL REGULATIONS, 1977.

The Minister for the Environment, in exercise of the powers conferred on him by sections 9 and 14 of the Local Government (Roads and Motorways) Act, 1974 (No. 6 of 1974) hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Government (Roads and Motorways) Act, 1974 (Prescribed Traffic) General Regulations, 1977.

2. In these Regulations—

"the Act" means the Local Government (Road and Motorways) Act, 1974;

"the Act of 1961 " means the Road Traffic Act, 1961 (No. 24 of 1961);

"combination of vehicles" means the combination of a mechanically propelled vehicle and a drawn vehicle and includes an articulated vehicle as defined in article 3 (1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 );

"cylinder capacity" means the cylinder capacity of an engine of a vehicle as calculated in accordance with Article 27 of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 );

"mechanically propelled vehicle" has the meaning specified in section 3 of the Act of 1961;

"invalid carriage" means a mechanically propelled vehicle which is specially designed or constructed for the use of a person suffering from a physical defect or disability;

"pneumatic tyre" means a tyre which—

( a ) is provided with, or together with the wheel on which it is mounted forms, a continuous closed chamber inflated with air to a pressure substantially exceeding atmospheric pressure when the tyre is in the condition in which it is normally used but is not subject to any load,

( b ) is capable of being inflated and deflated without removal from the wheel of the vehicle, and

( c ) is such that, when it is deflated and is subjected to a normal load, the sides of the tyre collapse.

3. (1) Any mechanically propelled vehicle or combination of vehicles (other than an invalid carriage) which—

( a ) is driven by a person holding a driving licence referred to in section 22 (1) of the Act of 1961 authorising him to drive the vehicle, and

( b ) is so constructed that its entire weight is transmitted to the road surface by circular wheels which are equipped with pneumatic tyres, and

( c ) being propelled by an internal combustion engine is so propelled by an internal combustion engine exceeding 50 c.c. in cylinder capacity, and

( d ) is so constructed and in such a condition and so loaded as to be capable of maintaining a speed of 50 kilometres per hour on the level, solely under its own power,

may use a motorway

4. Any mechanically propelled vehicle may use a motorway where—

( a ) in an emergency it is so used in accordance with a direction given by a member of the Garda Síochána, or

( b ) a special permit for its use on the motorway has been issued under Article 17 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 and its use is in accordance with such permit, or

( c ) the vehicle is engaged or is about to be engaged in maintenance, repair, clearance or construction work of the motorway.

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of December, 1977.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the classes of mechanically propelled vehicles which may use a motorway. Section 9 (2) of the Act prohibits the use of a motorway by pedestrians, pedal cyclists, persons driving mechanically propelled vehicles of a class other than a class prescribed, and animals. These Regulations prohibit the use of a motorway by invalid carriages, the lighter types of motorcycles and a range of vehicles of limited speed.

The Regulations provide however, that any vehicle which is normally prohibited from entering a motorway may do so when in case of emergency authorised to do so by a member of the Garda Síochána, or when a special permit in relation to the vehicle has been issued by the appropriate local authority. The holder of a provisional licence may not drive on a motorway.