No. 16/1984:

ROAD TRAFFIC (AMENDMENT) ACT, 1984

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Increase of certain penalties under Section 102 of Principal Act.

3. Increase of certain other penalties under Principal Act, etc.

4. Increase of certain penalties under Act of 1968, etc.

5. Increase of certain penalties under Act of 1978.

6. Offences to which sections 2 to 5 apply.

7. Short title, construction and collective citation.

ACTS REFERRED TO

Number 16 of 1984

ROAD TRAFFIC (AMENDMENT) ACT, 1984

AN ACT TO PROVIDE FOR INCREASED PENALTIES IN RESPECT OF CERTAIN OFFENCES UNDER THE ROAD TRAFFIC ACTS, 1961 to 1978, AND FOR CERTAIN OTHER MATTERS RELATING TO ROAD TRAFFIC.

[18th July, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1968" means the Road Traffic Act, 1968 ;

"the Act of 1978" means the Road Traffic (Amendment) Act, 1978 ;

"the Principal Act" means the Road Traffic Act, 1961 .

2.—section 102 of the Principal Act, which provides for a penalty for certain offences under that Act, is hereby amended—

( a ) by the substitution of "£150" for "twenty pounds" in paragraph ( a ), and

( b ) by the substitution of "£350" for "fifty pounds" in paragraphs (b) and (c).

3.—(1) A person convicted of an offence for which a penalty is provided in a section of the Principal Act specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly.

(2) The following subsection is hereby substituted for subsection (4) of section 12 of the Principal Act:

"(4) ( a ) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.

( b ) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.".

(3) The following subsection is hereby substituted for subsection (5) of section 16 of the Principal Act:

"(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.".

(4) section 26 of the Principal Act is hereby amended—

( a ) by the insertion of the following subsection after subsection (3):

"(3A) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 56 of this Act, be not less than one year.",

and

( b ) by the substitution of the following subsection for subsection (4):

"(4) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (3) or (3A) of this section, be not less than six months.".

(5) The following subsection is hereby substituted for subsection (2) of section 48 of the Principal Act:

"(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.".

(6) The following subsection is hereby substituted for subsection (2) of Section 51 (inserted by section 48 of the Act of 1968) of the Principal Act:

"(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—

( a ) if the offence relates to an animal-drawn vehicle, he shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and

( b ) if the offence relates to a pedal cycle, he shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.".

(7) The following subsection is hereby substituted for subsection (2) of section 112 of the Principal Act:

"(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable—

( a ) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;

( b ) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.".

(8) section 113 of the Principal Act is hereby amended—

( a ) by the deletion in subsection (1) of "in a public place", and

( b ) by the substitution of the following subsection for subsection (2):

"(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.".

TABLE

4.—(1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(2) The following subsection is hereby substituted for subsection (1) of section 13 of the Act of 1968:

"(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.".

(3) The following subsection is hereby substituted for subsection (1) of section 15 of the Act of 1968:

"(1) Where—

( a ) a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,

( b ) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and

( c ) the excess weight during such use was not less than 1,000 kilograms,

the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984 ), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.".

(4) The following Table is hereby substituted for the Table to section 15 of the Act of 1968:

"TABLE

(5) The following subsection is hereby substituted for subsection (7) of section 18 of the Act of 1968:

"(7) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in the case of a contravention of a regulation prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.".

(6) The following subsection is hereby substituted for subsection (2) of section 23 of the Act of 1968:

"(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 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 person convicted of an offence for which a penalty is provided in a section of the Act of 1978 specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly.

TABLE

6.—Sections 2 to 5 of this Act shall have effect in relation to offences committed after the commencement of this Act.

7.—(1) This Act may be cited as the Road Traffic (Amendment) Act, 1984 .

(2) This Act and the Road Traffic Acts, 1961 to 1978, shall be construed as one and may be cited together as the Road Traffic Acts, 1961 to 1984.