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11 1933

ROAD TRAFFIC ACT, 1933

PART XI.

Miscellaneous.

Taking vehicle without authority.

165. —(1) Every person who drives or uses or takes possession of a mechanically propelled vehicle without the consent of the owner of such vehicle or other lawful authority shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(2) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.

(3) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects to be engaged in committing an offence under this section.

(4) An indictment containing a count for larceny of a mechanically propelled vehicle may include a count of having committed an offence under this section in relation to such vehicle, and in such case the person so indicted may be found guilty on the count of having committed an offence under this section and, when so found guilty, may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.

(5) Where on the trial of a person indicted for the larceny of a mechanically propelled vehicle, the jury is of opinion that such person was not guilty of the larceny of such vehicle but was guilty of an offence under this section in relation to such vehicle, such jury may find such person to be guilty of such offence and thereupon such person may be sentenced to suffer any punishment which could be inflicted under this section on a person summarily convicted of such offence.

Management of drawn vehicles.

166. —(1) It shall not be lawful to use a mechanically propelled vehicle to draw more than one other vehicle unless every such drawn vehicle except the first such vehicle is accompanied by or carries a person charged with the duty of attending to the vehicle which he so accompanies or on which he is so carried.

(2) Whenever a mechanically propelled vehicle is used in contravention of this section, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Unauthorised interference with mechanism of vehicle.

167. —(1) Every person who, without the consent of the owner or the person in charge of a mechanically propelled vehicle and without other lawful authority or reasonable cause interferes or attempts to interfere in any way with the mechanism of such vehicle while it is stationary in a public place or gets on or into or attempts to get on or into such vehicle while it is so stationary shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(2) A member of the Gárda Síochána taking steps in pursuance of this Act for the temporary disposition of a mechanically propelled vehicle shall be deemed for the purposes of this section to be the person in charge of such vehicle.

(3) Any member of the Gárda Síochána may arrest without warrant any person whom he reasonably suspects to be engaged in committing an offence under this section.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move such vehicle by human propulsion for a distance sufficient to terminate such obstruction.

(5) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.

Disposition of vehicle on arrest of driver, etc.

168. —Whenever a member of the Gárda Síochána arrests under this Act without warrant a person believed or suspected to be committing or to have committed an offence under this Act in relation to a mechanically propelled vehicle, such member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of such vehicle.

Limitations on periods of continuous driving.

169. —(1) Each of the following periods or series of periods of driving shall be deemed to be an excessive period for the purposes of this section, that is to say:—

(a) any continuous period of driving exceeding five and one-half hours;

(b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;

(c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.

(2) For the purposes of the next preceding sub-section of this section—

(a) where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, such period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if such driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;

(b) any two consecutive periods of driving shall be deemed to form and be one continuous period unless such two periods are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;

(c) any time spent by the driver of a vehicle on work (other than driving) in relation to such vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on such vehicle while on a journey, shall be reckoned as time spent in driving;

(d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with such vehicle while it is not on a road shall not be reckoned as time spent in driving.

(3) Every person who drives or causes or permits any person employed by him or subject to his orders to drive for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is designed and constructed solely for the traction of another vehicle or is fitted with a body designed and constructed solely for the carriage of goods or two or more such vehicles successively shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Where a person is charged with an offence under any sub-section of this section, it shall be a good defence to such charge to prove that the act alleged to constitute such offence was due to delay in the completion of a journey and that such delay was unavoidable and was caused by circumstances which could not reasonably have been foreseen by such person.

(5) As soon as conveniently may be after the passing of this Act the Minister for Industry and Commerce shall by order establish for the purposes of this section an advisory body, and shall by such order provide for the constitution and procedure of such body and for the appointment, tenure of office, and removal of the members of such body, for the filling of casual vacancies in such body, and for any other matter in relation to such body which, in the opinion of the said Minister, is necessary for the due functioning of such body under this section.

(6) Notwithstanding anything contained in the next preceding sub-section of this section, the advisory body to be established under that sub-section shall consist of five members of whom all shall be appointed by the said Minister and—

(a) one shall be so appointed to be the chairman of such body, and

(b) one other shall be so appointed as representative of employers in the business of road transport, and

(c) one other shall be so appointed as representative of persons employed in the business of road transport, and

(d) one other shall be so appointed as representative of owners of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward, and

(e) one other shall be so appointed as representative of persons employed as drivers of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward.

(7) The Minister for Industry and Commerce may, on the application of any person who appears to him to be representative of employers affected by the operation of this section or of employees similarly affected and after referring the matter to and being advised by the advisory body to be established under this section and if he is satisfied that the proposed order will not be detrimental to the public safety, by order vary in any manner any period which is declared by this section, or by any order previously made under this sub-section, to be an excessive period for the purposes of this section.

(8) The Minister for Industry and Commerce may, on the application of any person appearing to him to be interested or concerned in the use of mechanically propelled vehicles on any particular occasion or in relation to or as part of any particular event, and after referring the matter to and being advised by the advisory body to be established under this section, and if he is satisfied that the proposed order will not be detrimental to the public safety in relation to such occasion or event and is otherwise expedient in the circumstances, by order vary in any manner or wholly suspend, in relation to or for the purposes of such event or occasion, any period which is declared by this section or by any order previously made under this section to be an excessive period for the purposes of this section.

(9) Notwithstanding anything to the contrary contained in any other section of this Act, this section shall not apply to or in respect of vehicles owned by the State and used for military or police purposes or to or in respect of persons in the public service of the State driving vehicles so owned and used.

Liability of Minister for Finance for negligent driving of State-owned vehicles.

170. —(1) Where injury to person or property is occasioned by the negligent driving of a mechanically propelled vehicle belonging to the State, the Minister for Finance shall be civilly liable for damages in respect of such injury.

(2) Notwithstanding anything contained in any other enactment, proceedings may be brought against the Minister for Finance for damages under this section without obtaining the fiat of the Attorney-General.

(3) In proceedings brought against the Minister for Finance for damages under this section, every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if the said Minister were in fact the master of the said person.

(4) Nothing in this section shall operate to relieve any person from liability in respect of injury to person or property occasioned by his own negligence.

Extension of personal liability for negligent driving.

171. —(1) The liability of any person for injury occasioned by the negligent driving of a mechanically propelled vehicle by himself or by his servant after the commencement of this Part of this Act shall not be limited to such person himself nor be terminated by his death but shall continue after his death and be a liability of his real and personal estate in like manner and with the like priority as a debt or other liability under a simple contract.

(2) Proceedings (including proceedings under the Fatal Accidents Acts, 1846 to 1908) instituted against any person for damages for negligent driving or management of a mechanically propelled vehicle by such person or by his servant after the commencement of this Part of this Act shall not abate on the death of such person but may be continued against his personal representative.

(3) Proceedings (including proceedings under the Fatal Accidents Acts, 1846 to 1908) for damages for negligent driving or management of a mechanically propelled vehicle by any person or the servant of any person after the commencement of this Part of this Act may, after the death of such person, be instituted and prosecuted against the personal representative of such person.

Liability in respect of person driving with consent of owner.

172. —Whenever a person drives a mechanically propelled vehicle with the consent (whether expressed or to be implied from the circumstances) of the owner of such vehicle, such person shall, for the purposes of determining the liability or non-liability of such owner for injury occasioned by the negligent driving of such vehicle by such person, be deemed to drive such vehicle as the servant of such owner, but only in so far as such person acts in accordance with the terms of such consent.

Duty of driver on occurrence of an accident.

173. —(1) Where any person is injured or any property is damaged in a public place and a vehicle is involved in the occurrence of such injury or damage (whether the driving or management of such vehicle was or was not the cause of such injury or damage) the following provisions shall have effect, that is to say:—

(a) if such vehicle is not stationary after such occurrence, it shall be the duty of the driver of such vehicle to stop such vehicle;

(b) it shall be the duty of the driver or other person in charge of such vehicle to keep such vehicle at or near the place of such occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;

(c) it shall be the duty of the driver of such vehicle or, if he is killed or incapacitated, of the person then having charge of such vehicle to given on demand the appropriate information to a member of the Gárda Síochána or, if no such member is present, to one person entitled under this section to demand such information;

(d) if neither a member of the Gárda Síochána nor any person entitled to demand the appropriate information is present at such occurrence, it shall be the duty of the driver of such vehicle or, if he is killed or incapacitated, of the person then having charge of such vehicle to report such occurrence as soon as possible to a member of the Gárda Síochána and, if necessary, to go for that purpose to the nearest convenient Gárda Síochána station and also to give on demand the appropriate information to such member.

(2) Every person who does any act (whether of commission or omission) which is a breach of a duty imposed on him by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds, or in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds.

(3) In this section—

the word “injury” includes an injury causing death and cognate words shall be construed accordingly;

the word “damage” includes destruction whether total or partial and cognate words shall be construed accordingly;

the expression “appropriate information” means the name and address of the person required by this section to give such information and the name and address of the owner of the vehicle of which such person is the driver or is in charge and where such vehicle is registered under this or any other Act, the registration number of such vehicle, and, where such vehicle is insured or guaranteed in pursuance of this Act, the particulars of such insurance or guarantee.

(4) The persons entitled under this section to demand the appropriate information are—

(a) in the case of injury to a person, such person or, where such person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant, or otherwise;

(b) in the case of injury to property, the owner of such property or, where such owner is killed or injured or is not present, any one person having charge of such property;

(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.

Reimbursement of hospitals.

174. —(1) Where a person (in this section referred to as the injured person) receives in a hospital treatment for injuries sustained by him by reason of the negligent driving of a mechanically propelled vehicle and such injuries were so sustained in such circumstances that the injured person is entitled or (if he has died) was during his lifetime entitled to recover from some other person damages for such injuries, any person liable to pay such damages to the injured person shall also be liable to pay to the governing body of such hospital if the injured person has been detained in such hospital for treatment in respect of such injuries or has received in such hospital (whether detained or not detained therein) such treatment in respect of such injuries as is mentioned in the next following sub-section of this section, such damages as are mentioned in this section.

(2) The damages payable under this section to the governing body of a hospital shall, subject to the deduction mentioned in the next following sub-section of this section, consist of one or both (as the case may require) of the following sums, that is to say:—

(a) where the injured person has been detained in such hospital for treatment in respect of his said injuries, a reasonable sum in respect of such detention not exceeding in any case thirty-five pounds and, subject to that over-riding limitation, not exceeding whichever of the following sums is the lesser, that is to say:—

(i) for every day during which the injured person is so detained, the sum of nine shillings, or

(ii) for every such day a sum equal to the average daily cost per patient of the upkeep of such hospital with the staff thereof and the maintenance and treatment of the patients therein; and

(b) where the injured person has received in such hospital in respect of his said injuries (whether detained or not detained in such hospital) treatment with any electrical or other special apparatus or treatment by means of massage, or treatment of any other such special kind, a reasonable sum in respect of such treatment, but not exceeding in any case fifteen pounds.

(3) There shall be deducted from the damages mentioned in the next foregoing sub-section of this section all (if any) sums paid by or on behalf of the injured person to the governing body of the hospital in respect of the detention and treatment or either of them (as the case may be) in respect of which such damages are payable.

(4) Where the governing body of a hospital recovers damages under this section in relation to the detention and treatment or either of them of an injured person, such governing body shall not be entitled to receive or recover from such injured person in respect of such detention and treatment or either of them (as the case may be) any money other than any sum which may have been paid by or on behalf of such injured person and taken into account in determining the amount of such damages.

(5) The liability of a person to pay damages under this section shall, for the purposes of Part V of this Act and of any approved policy, approved guarantee or approved combined policy and guarantee, be a liability to pay damages on account of injury to a person occasioned by the negligent driving of the mechanically propelled vehicle which occasioned the injuries to the injured person in relation to whose treatment and maintenance (if any) such damages are payable.

(6) In this section the expression “governing body” means the person or persons, whether incorporated or unincorporated, entitled to sue and liable to be sued in respect of such hospital as proprietor or manager thereof or otherwise.

Right to demand name and address of pedal cyclists.

175. —Any member of the Gárda Síochána may demand of any person in charge of a pedal bicycle or a pedal tricycle whom such member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event on a road causing injury to person or property, the name and address of such person, and if any such person fails or refuses to give on such demand his name and address or gives a name or address which such member reasonably believes to be false or misleading, such member may take such bicycle or tricycle (as the case may be) by force if necessary and retain it until such time as he is satisfied as to the identity of such person.

Penalty for false declaration, etc.

176. —(1) Every person who, in connection with an application for the grant or issue of a licence under this Act or under regulations made under this Act, makes a declaration which to his knowledge is false or misleading in any material respect, or being required by this Act or regulations made thereunder to furnish particulars in connection with any such application or otherwise in connection with any such licence or with any vehicle, furnishes any particulars which to his knowledge are false or in any material respect misleading, shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

(2) Every person who forges or fraudulently alters or uses or fraudulently lends to, or allows to be used by, any other person any licence, plate, badge or certificate issued under this Act or under regulations made under this Act shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

Duty to give information or demand of member of the Gárda Síochána.

177. —(1) Where a member of the Gárda Síochána alleges to the driver of a mechanically propelled vehicle that such member has cause to suspect that such driver has committed a specified offence under this Act, such member may demand of such driver his name and address and may, if such driver fails or refuses to give his name or address in response to such demand or gives a name or address which is reasonably believed by such member to be false or misleading, arrest such driver without warrant.

(2) Where a member of the Gárda Síochána has reasonable cause for believing that an offence under this Act has been committed and that the vehicle in relation to which such offence was committed does not bear the marks of identification required by law to be borne thereon, such member may arrest without warrant the person whom he has reasonable grounds for believing was driving such vehicle when such offence was so believed to have been committed.

(3) If any person, when his name and address is demanded of him under this section by a member of the Gárda Síochána, fails or refuses to give to such member his name and address or gives to such member a name or an address which is false or misleading, such person shall be guilty of an offence under this section.

(4) Where a member of the Gárda Síochána alleges to the owner of a mechanically propelled vehicle that an offence under this Act has been committed in relation to such vehicle by a person other than such owner, it shall be the duty of such owner to give to such member all such information in his possession or procurement as shall be demanded of him by such member for the purpose of the identification or the apprehension of the person by whom such alleged offence was committed, and if such owner fails or refuses to give to such member such information or gives any such information which is to his knowledge false or misleading such owner shall be guilty of an offence under this section.

(5) Every person who is summarily convicted of an offence under this section shall be liable, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Identification of member of Gárda Síochána.

178. —Whenever in exercise of any power or the performance of any duty under this Act any member of the Gárda Síochána makes in a public place any request, requisition, or demand of any person, such person shall not be bound to comply with such request, requisition, or demand unless such member either—

(a) is in uniform, or

(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

Keeping and use of petroleum.

179. —(1) The keeping and using of petroleum or of any other inflammable liquid or fuel for the purposes of mechanically propelled vehicles owned by the person keeping such liquid or fuel shall be subject to regulations made by the Minister and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.

(2) If any person does any act (whether of commission or omission) which is a contravention of a regulation made under this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(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.