Road Traffic and Roads Act 2023

(b) in paragraph (a), by the insertion of “or transporter, as the case may be” after “vehicle”, and

(c) in paragraph (b)—

(i) by the insertion of “or transporter” after “the vehicle”, and

(ii) by the insertion of “, or transporter, as the case may be” after “that vehicle”.

20. Amendment of section 48 of Act of 1961

20. Section 48 of the Act of 1961 is amended in subsection (1) by the substitution of “vehicle” for “mechanically propelled vehicle”.

21. Amendment of section 54 of Act of 1961

21. Section 54 of the Act of 1961 is amended—

(a) in subsection (1)—

(i) by the insertion of “, a powered personal transporter,” after “mechanically propelled vehicle”, and

(ii) by the insertion of “, transporter,” after “the vehicle” in both places in which it occurs,

(b) in subsection (2)—

(i) by the insertion of “, a powered personal transporter,” after “mechanically propelled vehicle”, and

(ii) by the insertion of “, transporter,” after “the vehicle” in both places in which it occurs,

and

(c) in subsection (3), by the insertion of “, transporter,” after “the vehicle”.

22. Amendment of section 99 of Act of 1961

22. Section 99 of the Act of 1961 is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), a person” for “A person”, and

(b) by the insertion of the following subsection after subsection (1):

“(1A) Subsection (1) shall not apply to a person who holds on to a moving vehicle in a public place for the purposes of driving it.”.

23. Driver of powered personal transporter holding on to other vehicle

23. The Act of 1961 is amended by the insertion of the following section after section 100:

“100A. (1) A person on a powered personal transporter in a public place shall not hold on to any other vehicle which is in motion or hold on to any person or thing on, in, or attached to, any such vehicle.

(2) A person who contravenes subsection (1) shall be guilty of an offence.”.

24. Amendment of section 107 of Act of 1961

24. Section 107 of the Act of 1961 is amended—

(a) in subsection (1), by the substitution of “vehicle” for “mechanically propelled vehicle or a pedal cycle”, and

(b) in subsection (4), by the substitution of “vehicle” for “mechanically propelled vehicle or a pedal cycle”.

25. Amendment of section 108 of Act of 1961

25. Section 108 of the Act of 1961 is amended—

(a) by the insertion of “or a powered personal transporter” after “pedal cycle”, and

(b) by the insertion of “or transporter” after “the cycle”.

26. Amendment of section 110 of Act of 1961

26. Section 110 of the Act of 1961 is amended by the substitution of “vehicle” for “mechanically propelled vehicle”.

27. Amendment of section 112 of Act of 1961

27. Section 112 of the Act of 1961 is amended in subsection (3) by the insertion of “or a powered personal transporter” after “pedal cycle”.

28. Amendment of section 113 of Act of 1961

28. Section 113 of the Act of 1961 is amended—

(a) in subsection (1), by the substitution of “vehicle” for “mechanically propelled vehicle”, and

(b) in subsection (4), by the substitution of “vehicle” for “mechanically propelled vehicle”.

29. Amendment of Second Schedule to Act of 1961

29. The Second Schedule to the Act of 1961 is amended—

(a) by the substitution of the following paragraph for paragraph 3:

“3. An offence by a person under section 48—

(a) where the vehicle which the person drove, or attempted to drive, in contravention of that section was a mechanically propelled vehicle, and

(b) the offence was committed during a period of 3 years in which the person committed a previous offence, of which he or she was convicted, of driving or attempting to drive a mechanically propelled vehicle in contravention of that section.”,

(b) by the substitution of the following paragraph for paragraph 6:

“6. (a) Subject to subparagraph (b), an offence under section 12, 13B or 14 of the Road Traffic Act 2010.

(b) Subparagraph (a) shall not include an offence under section 12 of the Road Traffic Act 2010, where the person convicted of the offence was arrested under—

(i) section 6(4) of the Road Traffic Act 2010,

(ii) section 10(7) of the Road Traffic Act 2010, where the vehicle of which the person was in charge, referred to in section 10(4) of that Act, was a vehicle other than a mechanically propelled vehicle,

(iii) section 52(3), where the vehicle the person was driving in contravention of section 52(1) was a vehicle other than a mechanically propelled vehicle,

(iv) section 53(5), where the vehicle the person was driving in contravention of section 53(1) was a vehicle other than a mechanically propelled vehicle, or

(v) section 112(6), for committing an offence under section 112(4).”,

and

(c) by the substitution of the following paragraph for paragraph 9:

“9. An offence by a person under section 54—

(a) other than—

(i) an offence of driving a powered personal transporter in contravention of section 54(1), or

(ii) an offence under section 54(2), where the vehicle driven in contravention of that subsection is a powered personal transporter,

and

(b) the offence is committed during a period of 3 years in which the person committed a previous offence under section 54 (other than an offence described in subparagraph (a) of this paragraph) of which he or she was convicted.”.

30. Amendment of section 35 of Act of 1994

30. Section 35 of the Act of 1994 is amended in subsection (2)—

(a) in each of paragraphs (c) and (d), by the insertion of “or powered personal transporters” after “pedal cycles”,

(b) in paragraph (h), by the insertion of “, powered personal transporters,” after “mechanically propelled vehicles”,

(c) in paragraph (t), by the substitution of “of permits;” for “of permits.”, and

(d) by the insertion of the following paragraph after paragraph (t):

“(u) prohibiting, or restricting the use of, powered personal transporters in traffic.”.

31. Amendment of section 38 of Act of 1994

31. Section 38 of the Act of 1994 is amended in subsection (9) in the definition of “traffic calming measures”—

(a) in paragraph (a), by the insertion of “or powered personal transporters” after “mechanically propelled vehicles”, and

(b) in paragraph (b)—

(i) by the insertion of “or powered personal transporters” after “mechanically propelled vehicles”, and

(ii) by the insertion of “, people driving powered personal transporters,” after “pedestrians”.

32. Amendment of section 41 of Act of 1994

32. Section 41 of the Act of 1994 is amended in subsection (1)—

(a) by the substitution of “, in the case of paragraphs (a) to (f), a mechanically propelled vehicle in use in a public place and, in the case of paragraph (g), a powered personal transporter in use in a public place” for “a mechanically propelled vehicle in use in a public place”,

(b) in paragraph (e), by the deletion of “or” where it lastly occurs,

(c) in paragraph (f), by the substitution of “the vehicle, or” for “the vehicle.”, and

(d) by the insertion of the following paragraph after paragraph (f):

“(g) the powered personal transporter is, or a member of the Garda Síochána is of the opinion that the powered personal transporter is, being so used in contravention of—

(i) any regulations made under section 11 of the Principal Act, or

(ii) subsection (1) or (2) of section 54 of the Principal Act.”.

33. Amendment of section 4 of Act of 2004

33. Section 4 of the Act of 2004 is amended in subsection (1) by the substitution of “vehicle” for “mechanically propelled vehicle”.

34. Amendment of section 3 of Road Traffic Act 2006

34. Section 3 of the Road Traffic Act 2006 is amended—

(a) in subsection (1), by the insertion of “, or a powered personal transporter,” after “mechanically propelled vehicle”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) The Minister may, to avoid the impairment of, or interference with, the driving capacity or capabilities of a driver of a powered personal transporter, make regulations in relation to the restriction or prohibition while driving a powered personal transporter in a public place of the use of—

(a) a mobile phone (other than in the circumstances referred to in subsection (1)),

(b) information equipment, or

(c) entertainment equipment.”,

(c) in subsection (5)—

(i) by the substitution of “subsection (4) or (4A)” for “subsection (4)”, and

(ii) by the insertion of “or transporters” after “vehicles”,

(d) in subsection (6), by the substitution of “subsection (4) or (4A)” for “subsection (4)”, and

(e) in subsection (7), by the insertion of “or powered personal transporter” after “mechanically propelled vehicle”.

35. Amendment of section 6 of Act of 2010

35. Section 6 of the Act of 2010 is amended—

(a) in subsection (1)—

(i) in paragraph (b), by the insertion of “or a powered personal transporter” after “pedal cycle”, and

(ii) by the substitution of “vehicle, cycle or transporter” for “vehicle or cycle”,

and

(b) in subsection (2), in paragraph (b), by the insertion of “or a powered personal transporter” after “a pedal cycle”.

36. Amendment of section 130 of Finance Act 1992

36. Section 130 of the Finance Act 1992 is amended—

(a) in the definition of “mechanically propelled vehicle”, by the insertion of “a powered personal transporter,” after “but not including”, and

(b) by the insertion of the following definition:

“‘powered personal transporter’ has the same meaning as it has in section 3 of the Road Traffic Act 1961;”.

37. Amendment of section 2 of Act of 1993 - personal powered transporter

37. Section 2 of the Act of 1993 is amended by the insertion of the following definition after the definition of “planning permission”:

“‘powered personal transporter’ has the same meaning as it has in section 3 of the Road Traffic Act 1961;”.

38. Amendment of section 43 of Act of 1993

38. Section 43 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):

“(c) A person shall not drive a powered personal transporter on a motorway.”.

39. Amendment of section 44 of Act of 1993

39. Section 44 of the Act of 1993 is amended in subsection (4) by the insertion of the following paragraph after paragraph (b):

“(c) A person shall not drive a powered personal transporter on a busway.”.

40. Amendment of section 57 of Act of 1993

40. Section 57 of the Act of 1993 is amended in subsection (2) by the insertion of “powered personal transporters,” after “pedestrians,”.

41. Amendment of section 68 of Act of 1993

41. Section 68 of the Act of 1993 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) In this section ‘cycleway’ means a public road or proposed public road reserved for the exclusive use of—

(a) pedal cyclists, or

(b) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.”,

and

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

“(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare that the cycleway is for the exclusive use of—

(i) pedal cyclists, or

(ii) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.”.

PART 13 Roads and public transport infrastructure

42. Amendment of section 2 of Act of 1993

42. Section 2 of the Act of 1993 is amended—

(a) by the insertion of the following definitions after the definition of “busway scheme”:

“‘camera’ includes CCTV and other apparatus used for the purposes of creating and capturing photographic images and video;

‘CCTV’ means any fixed and mobile system employing recording devices for recording or processing, including through the use of automatic number plate recognition, a visual image or moving visual images in a public place;”,

(b) by the insertion of the following definition after the definition of “contravention”:

“ ‘data-gathering device’ means any device, apparatus or equipment used or capable of being used for the gathering of data;”,

(c) by the insertion of the following definition after the definition of “pedal cycle” and “pedal cyclist”:

“ ‘personal data’ has the same meaning as it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^3]3;”,

and

(d) in the definition of “road”—

(i) in paragraph (b), by the substitution of “carriageway (whether single or multiple and whether or not designated for a particular class of vehicle),” for “carriageway (whether single or multiple),”,

(ii) in paragraph (c), by the insertion of “verge,” after “margin,”, and

(iii) in paragraph (d)—

(I) by the deletion of “and”, and

(II) by the substitution of “used, or the use of which is reasonably required, for” for “necessary for”.

43. Amendment of section 13 of Act of 1993

43. The Act of 1993 is amended in section 13—

(a) by the insertion of the following subsection after subsection (7):

“(7A) Without prejudice to the generality of this section and save as otherwise provided by law, a road authority may carry out works to reduce, increase or modify—

(a) any lane, footpath, carriageway, pavement or footway, within an existing road,

(b) any median, island, pedestrian refuge, or verge, forming part of the road,

(c) any structure forming part of the road, and

(d) any land or substratum of land on which any of the foregoing is situated.”,

(b) by the substitution of the following subsection for subsection (8):

“(8) Without prejudice to the generality of subsection (7) and save as otherwise provided by law, a road authority may—

(a) provide any amenity, structure, infrastructure or thing on, in, under or over a road for the benefit, utility, safety or convenience of road users,

(b) undertake landscaping, planting or any similar activity on, in, under or over a road in the interests of amenity and the environment,

(c) provide artistic features,

(d) undertake works on, in, under or over a road to install, re-lay, relocate, divert, remove or replace any wire, pipe, drain, duct, cable or other similar infrastructure,

(e) provide any structure or infrastructure on, in, under or over a road for, or in connection with—

(i) the charging of electric vehicles,

(ii) the provision of information to road users, or

(iii) the transmission of information to vehicles being used on a road.”,

and

(c) by the insertion of the following subsection after subsection (10):

“(11) Subsection (10) shall not apply to the National Transport Authority when, in the performance of a function in accordance with subsection (2)(b) or (5)(a) of section 44 of the Dublin Transport Authority Act 2008, it is exercising the powers of a road authority.”.

44. Amendment of section 19 of Act of 1993

44. Section 19(1) of the Act of 1993 is amended—

(a) by the substitution of “maintenance (including maintenance works)” for “maintenance works” in each place that it occurs,

(b) by the substitution of the following paragraph for paragraph (b):

“(b) secure the carrying out of construction and maintenance (including maintenance works) and the provision of traffic signs and consult with the Commissioner,”,

and

(c) by the insertion of the following paragraph after paragraph (c):

“(ca) prepare, or arrange for the preparation of, schemes for the provision of a safe and efficient network of recharging infrastructure and refuelling infrastructure for such zero to low emission vehicles as the Minister may prescribe and provide and maintain, or secure the provision and maintenance of, such a network;”.

45. Power of An Bord Pleanála to approve scheme or proposed road development that contravenes materially any plan

45. The Act of 1993 is amended by the insertion of the following section after section 51A:

“51AA. An Bord Pleanála shall approve a scheme, or a proposed road development, that contravenes materially any development plan or any local area plan (within the meaning of the Act of 2000) only if it considers that one of the following is the case:

(a) the scheme or proposed road development is of strategic, regional or national importance;

(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the scheme or proposed road development is concerned;

(c) the scheme or proposed road development should be approved having regard to the transport strategy made under section 12 of the Dublin Transport Authority Act 2008, the regional spatial and economic strategy for the area, guidelines under section 28 of the Act of 2000, policy directives under section 29 of the Act of 2000, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister for Housing, Local Government and Heritage or any Minister of the Government;

(d) the scheme or proposed road development should be approved having regard to the pattern of development, and planning permissions granted, in the area since the making of the development plan.”.

46. Use of cameras on roads to obtain data

46. The Act of 1993 is amended by the insertion of the following section after section 76:

“Use of cameras and other devices on roads to obtain data

77A. (1) A road authority may set up and operate cameras and other data-gathering devices, or cause cameras or such devices to be set up and operated, on any public road situated in its functional area for any of the following purposes:

(a) the safe and efficient management, operation and use of public roads, including traffic management and providing information to the public;

(b) charging and collecting tolls and the operation of toll roads;

(c) the deterrence, prevention, investigation and detection of criminal offences, including road traffic offences;

(d) any other purpose prescribed by the Minister.

(2) A road authority shall obtain the written consent of the Authority before it sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a national managed road.

(3) The Authority may set up and operate cameras and other data-gathering devices, or cause cameras or such devices to be set up and operated, on any public road for any of the purposes specified in paragraphs (a) to (d) of subsection (1).

(4) Before the Authority sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a road other than a national road, it shall obtain the written consent of the road authority in whose functional area the road is situated.

(5) The Minister may provide by regulations that the exercise by a road authority of a power in subsection (1) or by the Authority of a power referred to in subsection (3) be subject to authorisation by the Minister or to conditions, and such regulations may prescribe criteria by which the Minister may grant or refuse such authorisation and conditions subject to which the Minister may grant an authorisation or subject to which the powers may be exercised without authorisation.

(6) Each road authority shall publish, and update, a schedule of such cameras and other data-gathering devices as the Minister may prescribe that are in operation on any road situated in its functional area for any of the purposes specified in paragraphs (a) to (d) of subsection (1) as soon as possible after this section comes into operation and in such manner and at such times as the Minister prescribes.

(7) The Authority shall publish, and update, a schedule of such cameras and other data-gathering devices as the Minister may prescribe that are in operation on any national road for any of the purposes specified in paragraphs (a) to (d) of subsection (1) as soon as possible after this section comes into operation and in such manner and at such times as the Minister prescribes.

(8) The Minister may, by regulations, provide for data obtained using cameras and other data-gathering devices operated by or on behalf of a road authority or the Authority on public roads to be processed and to be provided to any of the following persons, or for any of the following persons to be given access to such data, for any of the purposes specified in paragraphs (a) to (d) of subsection (1):

(a) a local authority;

(b) the Authority;

(c) the Garda Síochána;

(d) the National Transport Authority;

(e) the Road Safety Authority;

(f) any other person to whom the Minister considers that it is necessary, for any of the purposes specified in paragraphs (a) to (d) of subsection (1), that the data or access to the data be provided or given, and so prescribes.

(9) Regulations under subsection (8) shall provide that personal data only be provided to persons, or access to data only be given to persons, on specified conditions.

(10) Regulations under subsection (8) may provide for the entry into data-sharing agreements between a road authority, or the Authority, and persons to whom data is to be provided or access to data is to be given, which agreements may specify:

(a) the personal data to be provided, and to which access is to be given,

(b) how personal data provided or to which access is given is to be processed after it has been provided or such access has been given,

(c) that a data protection impact assessment be carried out under section 84 of the Data Protection Act 2018 or Article 35 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^4],

(d) the security measures to apply to the transmission, storage and accessing of data to which the agreement applies (in a manner that does not compromise those security measures),

(e) requirements in relation to the retention of—

(i) data provided or to which access is given, and

(ii) information resulting from the processing of that data, for the duration of the agreement and in the event that the agreement is terminated,

(f) the method to be employed to destroy or delete—

(i) data provided or to which access is given, and

(ii) information resulting from the processing of that data, at the end of the period for which the data is to be retained in accordance with the agreement,

and

(g) the procedure in accordance with which a party may withdraw from the agreement.

(11) The Minister may prescribe suitable and specific measures, including measures specified in section 36(1) of the Data Protection Act 2018, to be taken by a road authority or the Authority to safeguard the fundamental rights and freedoms of data subjects in processing personal data of those subjects and that enable processing of such data only in so far as is necessary and proportionate for any of the purposes specified in paragraphs (a) to (d) of subsection (1).

(12) The Minister shall prescribe measures to safeguard personal data obtained using cameras and other data-gathering devices operated by or on behalf of a road authority or the Authority on public roads, or provided or to which access is given under this section, including any of the following:

(a) limitations on access to the data undergoing processing within a workplace in order to prevent unauthorised consultation, alteration, disclosure or erasure of personal data,

(b) time-limits for the erasure of data and mechanisms to ensure that such limits are observed,

(c) specific targeted training for those involved in processing operations, and

(d) having regard to the state of the art, the context, nature, scope and purposes of data processing and the likelihood of risk to, and the severity of any risk to, the rights and freedoms of data subjects—

(i) logging mechanisms to permit verification of whether and by whom the personal data have been consulted, altered, disclosed or erased,

(ii) in cases in which it is not mandatory under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^5], designation of a data protection officer,

(iii) pseudonymisation of the data, and

(iv) encryption of the data.

(13) The Minister may issue guidelines relating to the operation of this section and may amend or cancel any such guidelines and any person carrying out a function under this section shall have regard to such guidelines.

(14) The Minister may make such further regulations as the Minister considers necessary for the purposes of enabling this section to have effect.

(15) Nothing in this section shall affect an authorisation under section 38 of the Garda Síochána Act 2005.”.

47. Amendment of section 44 of Dublin Transport Authority Act 2008

47. Section 44 of the Dublin Transport Authority Act 2008 is amended—

(a) in subsection (6)(iii), by the insertion of “(other than section 178 of the Act of 2000)” after “any enactment concerned”,

(b) by the insertion of the following subsection after subsection (6):

“(6A) Without prejudice to the generality of subsection (6)(ii), land may be acquired by the Authority by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000 for the purpose of taking any measure whatsoever that may be reasonably required to mitigate, directly or indirectly, the impact of any public transport infrastructure provided on the environment generally or on—

(a) any particular site, building or structure,

(b) the availability of parking, or

(c) trees, landscaping and planting.”,

and

(c) in subsection (7) and subsection (8), by the substitution of “subsection (1)(c), (6) or (6A)” for “subsection (1)(c) or (6)”.

PART 14 Management of certain roads and speed limits

48. Amendment of section 2 of Act of 1993 - national managed road

48. Section 2 of the Act of 1993 is amended by the insertion of the following definition after the definition of “national road”:

“‘national managed road’ means a national road or a proposed national road, or any part thereof, which is designated as a national managed road under section 10A;”.

49. National managed road

49. The Act of 1993 is amended by the insertion of the following section after section 10:

“10A. The Minister may by order designate a national road or a proposed national road, or any part thereof, as a ‘national managed road’.”.

50. Amendment of section 47 of Act of 1961

50. Section 47 of the Act of 1961 is amended—

(a) in subsection (2A), by the deletion of “has been”, and

(b) in subsection (3)—

(i) in paragraph (f), by the substitution of “,” for “, or”,

(ii) in paragraph (g), by the substitution of “, or” for “.”, and

(iii) by the insertion of the following paragraph after paragraph (g):

“(h) a variable speed limit.”.

51. Amendment of section 95 of Act of 1961

51. Section 95 of the Act of 1961 is amended—

(a) in subsection (1)—

(i) by the insertion of the following definition before the definition of “road regulation”:

“‘national road’ and ‘national managed road’ each has the same meaning as it has in the Roads Act 1993.”,

(ii) by the substitution of the following definition for the definition of “provide”:

“‘provide’ includes erect or place, maintain and (in the case of a device or an instrument for giving or displaying signals) operate or put into operation and cognate words shall be construed accordingly;”,

and

(iii) by the substitution of the following definition for the definition of “traffic sign”:

“‘traffic sign’ means any sign, device, notice or road marking, or any instrument for giving or displaying signals by mechanical, electronic, electromechanical or other means, which does one or more of the following in relation to a public road or public roads:

(a) gives information (such a sign being referred to in this section as ‘an information sign’),

(b) warns persons of danger or advises persons of the precautions to be taken against such danger, or both (such a sign being referred to in this section as ‘a warning sign’),

(c) indicates the existence of a road regulation or implements such a regulation, or both, or indicates the existence of a provision in an enactment relating to road traffic (such a sign being referred to in this section as ‘a regulatory sign’);”,

(b) in subsection (2)(a), by the deletion of “, if he so thinks fit,”,

(c) in subsection (3), by the insertion of “, other than national managed roads,” after “in their charge” in both places where it occurs,

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

“(3A) (a) The National Roads Authority may provide in respect of national managed roads such information signs and warning signs as it considers desirable.

(b) The National Roads Authority may after consultation with the Commissioner, provide in respect of national managed roads such regulatory signs as it considers desirable.”,

(e) in subsection (5)—

(i) in paragraph (a), by the insertion of “, other than national managed roads,” after “in their charge”, and

(ii) in paragraph (b), by the insertion of “from any public road in their charge, other than a national managed road,” after “remove any regulatory sign”,

(f) by the insertion of the following subsection after subsection (5):

“(5A) (a) The National Roads Authority shall provide in respect of national managed roads such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her, and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.

(b) The National Roads Authority shall, at the request of the Commissioner, remove any regulatory sign from a national managed road that the Commissioner considers has been provided in a manner or at a location that might adversely affect the safety of road users.”,

(g) in subsection (6), by the substitution of “land adjacent to a public road, other than a national managed road, but not forming part of such road” for “land adjacent to but not forming part of a public road”,

(h) by the insertion of the following subsection after subsection (6):

“(6A) Where the provision by the National Roads Authority of a traffic sign on land adjacent to but not forming part of a national managed road is reasonably necessary, the National Roads Authority may, after at least twenty-one days’ notice, given by registered post to the occupier (if any) of the land and to every (if any) person interested in the land whose existence, name and address can be ascertained by the National Roads Authority by reasonable enquiries, enter and provide the traffic sign on the land.”,

(i) by the substitution of the following subsection for subsection (7):

“(7) Where a traffic sign is provided by a road authority under subsection (6) or the National Roads Authority under subsection (6A), any person interested in the land may at any time, on giving notice of his or her intention so to do to the road authority or, as the case may be, the National Roads Authority, apply to the Minister to direct the removal of the traffic sign.”,

(j) in subsection (9), by the insertion of “or, as the case may be, the National Roads Authority,”,

(k) in subsection (10), by the insertion of “(other than a national managed road)” after “a public road”,

(l) by the insertion of the following subsection after subsection (10):

“(10A) A person other than the National Roads Authority shall not provide a traffic sign visible from a national managed road without the consent of the National Roads Authority.”,

(m) by the substitution of the following subsection for subsection (11):

“(11) The occupier or (in the case of unoccupied land) the owner of land on which a traffic sign is provided in contravention of subsection (10) or (10A) shall be guilty of an offence and, in any prosecution for an offence under this subsection and notwithstanding any other provision of this Act, the traffic sign shall be presumed, until the contrary is shown by the defendant, to have been provided by a person other than a road authority or the National Roads Authority and without the consent of the road authority having charge of the road or the National Roads Authority.”,

(n) in subsection (12), by the insertion of “or (6A)” after “subsection (6)”,

(o) in subsection (13), by the insertion of “or the National Roads Authority” after “a road authority”,

(p) by the insertion of the following subsection after subsection (14):

“(14A) A person who provides a sign, device, notice or light in contravention of subsection (14) of this section shall be guilty of an offence.”,

and

(q) in subsection (16), by the insertion of “or by the National Roads Authority” after “by a road authority”.

52. Amendment of section 2 of Act of 2004

52. Section 2 of the Act of 2004 is amended—

(a) by the insertion of the following definitions after the definition of “built up area”:

“‘chief executive’, in relation to a county council or city council, means a chief executive for the purposes of section 144 of the Local Government Act 2001;

‘Chief Executive of the National Roads Authority’ means a person—

(a) directed under section 28(1)(b) of the Roads Act 1993 to perform the functions referred to in section 29(2) of that Act, or

(b) appointed under section 29 of the Roads Act 1993;”,

(b) by the insertion of the following definition after the definition of “Minister”:

“‘national managed road’ has the same meaning as it has in the Roads Act 1993;”,

and

(c) by the insertion of the following definitions after the definition of “Principal Act”:

“‘road works speed limit’ means a speed limit applied by—

(a) the chief executive of a county council or a city council under section 10, or

(b) the Chief Executive of the National Roads Authority under section 10A;

‘road works speed limit order’ means an order made by—

(a) the chief executive of a county council or a city council under section 10, or

(b) the Chief Executive of the National Roads Authority under section 10A;

‘special speed limit’ means a speed limit specified by—

(a) a county council or a city council in bye-laws under section 9, or

(b) the National Roads Authority in bye-laws under section 9A;

‘special speed limit bye-laws’ means bye-laws made by—

(a) a county council or a city council under section 9, or

(b) the National Roads Authority under section 9A;”.

53. Amendment of section 9 of Act of 2004

53. Section 9 of the Act of 2004 is amended—

(a) in subsection (1)—

(i) by the deletion of “(‘special speed limit bye-laws’)”, and “(‘special speed limit’)”, and

(ii) by the insertion of “other than a national managed road, part of a national managed road or carriageway or lane of a national managed road” after “specified carriageway or lane of a public road”,

(b) in subsection (2)—

(i) in paragraph (a), by the substitution of “section 10D” for “this section”, and

(ii) in paragraph (f), by the substitution of “section 10D” for “subsection (9)”,

(c) by the deletion of subsection (6),

(d) by the deletion of subsection (9),

(e) in subsection (11), by inserting “under this section” after “special speed limit bye-laws”,

(f) in subsection (12), by inserting “under this section” after “special speed limit bye-laws”, and

(g) by the insertion of the following subsection after subsection (12):

“(13) Where—

(a) a speed limit specified in bye-laws under this section is the speed limit on a road for mechanically propelled vehicles, and

(b) the Minister designates such road or a part thereof as a national managed road,

the speed limit specified in bye-laws under this section in respect of the road shall continue to be the speed limit on that road for mechanically propelled vehicles until the National Roads Authority makes bye-laws under section 9A specifying a speed limit for mechanically propelled vehicles in respect of that national managed road or part thereof.”.

54. Special speed limits on national managed roads

54. The Act of 2004 is amended by the insertion of the following section after section 9:

“9A. (1) The National Roads Authority may make bye-laws specifying in respect of any specified national managed road or specified part of a national managed road or specified carriageway or lane of a national managed road, the speed limit which shall be the speed limit on that road or those roads for mechanically propelled vehicles.

(2) The special speed limits that may be specified in bye-laws under this section are—

(a) (i) 20 kilometres per hour,

(ii) 30 kilometres per hour,

(iii) 40 kilometres per hour,

in respect of a national managed road or nationally managed roads in accordance with guidelines issued by the Minister under this Part,

(b) 50 kilometres per hour, in respect of any national managed road other than a national managed road in a built-up area,

(c) 60 kilometres per hour,

(d) 80 kilometres per hour, in respect of a national managed road that is—

(i) a motorway,

(ii) a national road, or

(iii) in a built-up area,

(e) 100 kilometres per hour, in respect of a national managed road that is—

(i) a motorway, or

(ii) in a built-up area,

and

(f) 120 kilometres per hour, in respect of a dual carriageway that forms part of a national managed road that—

(i) is a national road, and

(ii) is not a motorway,

in accordance with guidelines issued by the Minister under this Part.

(3) Before making special speed limit bye-laws pursuant to subsection (1), the National Roads Authority shall give notice to—

(a) the council of any county council or city council concerned of any provision in the proposed bye-laws relating to roads in their respective administrative areas, and

(b) the Commissioner,

and shall consider any representations made in writing by any such council or the Commissioner where they are received within the period (not being less than one month after the date of service of the notice) specified in the notice.

(4) Whenever the National Roads Authority, having considered any representations under subsection (3), proposes to make bye-laws under this section, the following provisions have effect—

(a) the National Roads Authority shall publish notice of the proposal at least once in at least 2 daily newspapers published in and circulating in the State or the area to which the bye-laws relate,

(b) the notice shall include—

(i) a statement of the purpose for which the bye-laws are to be made,

(ii) an intimation that a copy of draft bye-laws is open for public inspection at the address stated in the notice, and

(iii) an intimation that any person may submit to the National Roads Authority objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the first publication of the notice,

(c) the National Roads Authority shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at the address stated in the notice, and

(d) any person who objects to the draft bye-laws may submit his or her objection to the National Roads Authority in writing at any time during that period of 30 days and the Authority shall consider the objections.

(5) In making special speed limit bye-laws under this section the National Roads Authority may, in the interests of road safety, apply a special speed limit for a specified period or periods during any day or during specified days (such periods and days being indicated in such bye-laws) on a specified national managed road or part of it and such special speed limit shall, notwithstanding any other provision in the said bye-laws relating to any such national managed road or part of it, be the speed limit for that national road for that period or periods only.

(6) The Minister may make regulations in relation to all or any of the following matters:

(a) the varying of the speed limits standing specified in subsection (2) and that subsection shall have effect in accordance with any such regulations for the time being in force;

(b) the exemption of a class or classes of mechanically propelled vehicles from a specified speed limit or from all of the speed limits specified or having effect under this section.

(7) Where special speed limit bye-laws under this section apply a special speed limit to a specified national managed road or specified part of a national managed road or specified carriageway or lane of a national managed road, that speed limit does not apply where—

(a) a road works speed limit order is made in respect of, or

(b) a variable speed limit is applied to,

that national managed road, part, carriageway or lane.

(8) A document which purports to be a copy of special speed limit bye-laws made under this section and which has endorsed on it a certificate purporting to be signed by an officer of the National Roads Authority stating that the document is a true copy of the bye-laws and that the bye-laws were in force on a specified day, shall, without proof of the signature of such officer or that he or she was in fact such officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the bye-laws and of the fact that they were in force on that date.”.

55. Speed limits at road works on roads other than national managed roads

55. The Act of 2004 is amended by the substitution of the following section for section 10:

“10. (1) The chief executive of a county council or a city council may, where he or she considers it is in the interests of road safety on a road, other than a national managed road, or part of such a road, in the administrative area of the county council or city council for which he or she is the chief executive, where road works are being carried out, by order apply to that road or part of it a special limit being a speed limit of not less than 20 kilometres per hour, as the speed limit on the road for mechanically propelled vehicles, in lieu of the speed limit provided or having effect under this Act in respect of the road or motorway or part of it.

(2) An order under subsection (1) is in force for the duration of the road works, subject to no such order having effect for a period of more than 12 months from the date of its making.

(3) The chief executive of a county council or a city council shall not make an order under subsection (1) in respect of a national road without the prior written consent of the National Roads Authority.

(4) Before making an order under subsection (1), the chief executive concerned shall notify the Commissioner in writing of his or her intention to make the order.

(5) The chief executive shall consider any representations made by the Commissioner in writing and in such manner as the Minister may prescribe received by the chief executive within 1 month, or such other period as the Minister may prescribe in relation to the type of road and type of road works concerned, of the notification under subsection (4).

(6) When a chief executive of a county council or a city council makes an order under subsection (1) he or she shall publish a notice—

(a) in one or more newspapers circulating in the county council or city council to which the order relates, or

(b) in such other manner as the Minister may prescribe in relation to the type of road and type of road works concerned,

indicating the location where the order will have effect, the period for which it will have effect and the speed limit being applied through the order.

(7) The chief executive shall have regard to any representations that are made to him or her in relation to the order under subsection (1) prior to making such an order.

(8) A chief executive of a county council or a city council may at any time within the period specified in subsection (2) revoke or amend an order made by him or her under subsection (1).

(9) A document which purports to be a copy of an order made under subsection (1) which has endorsed on it a certificate purporting to be signed by the chief executive of a county council or, as the case may be, a city council, making the order or an officer of the county council or a city council concerned designated by the chief executive stating that the document is a true copy of the order and that the order was in force on a specified day, shall, without proof of the signature of the chief executive or officer or that he or she was in fact such chief executive or officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the order and of the fact that it was in force on that date.”.

56. Amendment of Act of 2004 in relation to national managed roads

56. The Act of 2004 is amended by the insertion of the following sections after section 10:

“Speed limits at road works on national managed roads

10A. (1) The Chief Executive of the National Roads Authority may, where he or she considers it is in the interests of road safety on a national managed road, or part of a national managed road where road works are being carried out, by order apply to that road or part of it, subject to section 10C, a special limit being a speed limit of not less than 20 kilometres per hour, as the speed limit on the national managed road for mechanically propelled vehicles, in lieu of the speed limit provided or having effect under this Act in respect of the national managed road or part of it.

(2) An order under subsection (1) is in force for the duration of the road works, subject to no such order having effect for a period of more than 12 months from the date of its making.

(3) The Chief Executive of the National Roads Authority shall not make an order under subsection (1) in respect of a national managed road without giving, or causing to be given, prior written notification to the county council or city council, within whose administrative area the road works occur in writing of his or her intention to make the order.

(4) Before making an order under subsection (1) the Chief Executive of the National Roads Authority shall notify the Commissioner in writing of his or her intention to make the order.

(5) The Chief Executive of the National Roads Authority shall consider any representations made by the Commissioner in writing and in such manner as the Minister may prescribe received by the Chief Executive within 1 month, or such other period as the Minister may prescribe in relation to the type of road and type of road works concerned, of the notification under subsection (4).

(6) When the Chief Executive of the National Roads Authority makes an order under subsection (1), he or she shall publish a notice—

(a) in one or more newspapers circulating in the county council or city council to which the order relates, or

(b) in such other manner as the Minister may prescribe in relation to the type of road and type of road works concerned,

indicating the location where the order will have effect, the period for which it will have effect and the speed limit being applied through the order.

(7) The Chief Executive of the National Roads Authority shall have regard to any representations that are made to him or her in relation to the order made under subsection (1) prior to making such an order.

(8) The Chief Executive of the National Roads Authority may at any time within the period specified in subsection (2) revoke or amend an order made by him or her under subsection (1).

(9) A document which purports to be a copy of an order made under subsection (1) which has endorsed on it a certificate purporting to be signed by the Chief Executive of the National Roads Authority or an officer of the National Roads Authority designated by the Chief Executive stating that the document is a true copy of the order and that the order was in force on a specified day, shall, without proof of the signature of the Chief Executive, or the officer or that he or she was in fact the Chief Executive of the National Roads Authority, or such officer, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the order and of the fact that it was in force on that date.

Variable speed limits

10B. (1) The National Roads Authority may apply, or cause to be applied, by automated means or otherwise, to any national managed road or any part, carriageway or lane thereof, a special limit (referred to in this Act as a ‘variable speed limit’) being a speed limit of—

(a) not less than 20 kilometres per hour, and

(b) not more than the speed limit otherwise provided or having effect under this Act,

as the speed limit for mechanically propelled vehicles on that national managed road, part, carriageway or lane, in lieu of the speed limit provided or having effect under this Act by displaying the speed limit, or causing it to be displayed, electronically on a traffic sign above or to the side of the national managed road, or part, carriageway or lane thereof.

(2) A variable speed limit is in force for the period during which it is displayed in accordance with subsection (1).

(3) The speed limits that may be applied under this section are—

(a) 20 kilometres per hour,

(b) 30 kilometres per hour,

(c) 40 kilometres per hour,

(d) 50 kilometres per hour,

(e) 60 kilometres per hour,

(f) 70 kilometres per hour,

(g) 80 kilometres per hour,

(h) 90 kilometres per hour,

(i) 100 kilometres per hour,

(j) 110 kilometres per hour,

(k) 120 kilometres per hour,

and different variable speed limits may be applied to different carriageways and different lanes on different parts of the same national managed road.

(4) The Chief Executive of the National Roads Authority may authorise persons to carry out the functions referred to in subsection (1).

(5) In any legal proceedings in which it is shown that a speed limit was displayed electronically on a traffic sign above or to the side of a national managed road, or part, carriageway or lane thereof it shall be presumed until the contrary is shown that that the speed limit was displayed in accordance with subsection (1).

(6) A document which has endorsed on it a certificate purporting to be signed by the Chief Executive of the National Roads Authority or a person authorised by the Chief Executive of the National Roads Authority under subsection (4) stating that a variable speed limit applied at a specified location on a specified day, at a specified time or during a specified period, shall, without proof of the signature of the Chief Executive or the person or that he or she was in fact the Chief Executive of the National Roads Authority or so authorised, be evidence, until the contrary is shown, in every court and in all legal proceedings, of the fact that the electronic speed limit applied at that location on that day, at that time or during that period.

(7) Where a speed limit other than a speed limit referred to in subsection (3) is displayed electronically on a traffic sign above or to the side of a national managed road, or part, carriageway or lane thereof such speed limit shall have no effect and the speed limit provided or having effect under this Act shall apply to the road, or part, carriageway or lane thereof.

(8) No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against any officer of, or person authorised by, the National Roads Authority for the recovery of damages in respect of loss of life and personal injury in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by the performance of functions referred to in subsection (1).

Variable speed limit schemes

10C. (1) The National Roads Authority may prepare a scheme in relation to the application of variable speed limits to a national managed road or any section, carriageway or lane of a national managed road.

(2) The National Roads Authority shall specify in any scheme prepared under subsection (1)—

(a) the national managed road or the section, carriageway or lane of the national managed road to which the scheme relates,

(b) the speed limits that the Authority intends will be applied to the road, section, carriageway or lane to which the scheme relates,

(c) information regarding the rationale for applying variable speed limits to the road, section, carriageway or lane to which the scheme relates,

(d) such other information as the National Roads Authority considers relevant to the application of variable speed limits to the road, section, carriageway or lane to which the scheme relates, and

(e) such other information in relation to the application and operation of variable speed limits as the Minister may prescribe.

(3) The National Roads Authority shall publish a draft of any scheme prepared under subsection (1) on its website.

(4) Where the National Roads Authority publishes a draft of a scheme in accordance with subsection (3) it shall give notice of such publication to—

(a) the council of any county council or city council concerned of any part of the scheme that relates to roads in their respective administrative areas, and

(b) the Commissioner,

and shall consider any representations made in writing by such a council or the Commissioner where they are received within the period (not being less than one month after the date of service of the notice) specified in the notice.

(5) Where the National Roads Authority publishes a draft of a scheme in accordance with subsection (3) the following provisions shall have effect:

(a) the National Roads Authority shall publish notice of the publication of the draft scheme in at least 2 daily newspapers published in and circulating in the State or the area to which the proposed scheme relates,

(b) the notice shall state that—

(i) it is intended to apply variable speed limits on a specified national managed road or a section, carriageway or lane of a national managed road,

(ii) a copy of the draft scheme in relation to the road, section, carriage or lane is available for public inspection, and

(iii) any person may make submissions to the National Roads Authority in relation to the draft scheme at any time during the period of 30 days commencing on the date of the first publication of the notice,

(c) the National Roads Authority shall, during that period of 30 days, keep a copy of the draft scheme open for public inspection during ordinary office hours at the address stated in the notice,

(d) any person who wishes may make submissions to the National Roads Authority in relation to the draft scheme in writing at any time during that period of 30 days and the National Roads Authority shall consider the submissions.

(6) Having considered any representations and submissions received in accordance with this section the National Roads Authority may make the scheme with or without amendment and shall publish such scheme on its website.

Speed limit guidelines

10D. (1) The Minister may issue guidelines relating to the making of special speed limit bye-laws, road works speed limit orders and variable speed limit schemes and may amend or cancel any such guidelines.

(2) Where guidelines under subsection (1) are, for the time being in force, a county council, city council or the National Roads Authority, as the case may be, shall ensure when they are making any special speed limit bye-laws, road works speed limit orders or variable speed limit schemes that such bye-laws, order or schemes are in accordance with such guidelines.

(3) Any guidelines issued by the Minister under section 9(9) that are in force on the day on which this subsection comes into force shall be deemed to have been made under this section.

Ministerial policy directions in relation to certain speed limits

10E. (1) The Minister may, from time to time, give policy directions in writing to a county council, city council or the National Roads Authority with regard to any of its functions that relate to the application and operation of special speed limits, road works speed limits, or variable speed limits and a county council, city council and the National Roads Authority shall comply with any such direction.

(2) Notice of any direction given under subsection (1) and details of it shall be—

(a) laid before each House of the Oireachtas, as soon as may be, after it has been given, and

(b) published in Iris Oifigiúil and on a website operated by or on behalf of the Department of Transport not later than 21 days of it being given.”.

PART 15 Amendment of Finance (Excise Duties) (Vehicles) Act 1952

57. Amendment of Finance (Excise Duties) (Vehicles) Act 1952

57.The Finance (Excise Duties) (Vehicles) Act 1952 is amended—

(a) in section 1(4)—

(i) in paragraph (h), by the substitution of “purposes,” for “purposes.”, and

(ii) by the insertion of the following paragraphs after paragraph (h):

“(i) vehicles owned by a Government Department, the Office of Public Works and the Office of the Revenue Commissioners, and

(j) vehicles owned by such State agencies as may be prescribed by the Minister for Transport, having regard to the amount of State funding provided to such agencies.”,

and

(b) in section 3(c) of Part 1 of the Schedule, by the deletion of “large”.

PART 16 Miscellaneous

58. Functions of Minister in relation to zero to low emission vehicles

58. (1) The Minister for Transport (referred to in this section as the “Minister”) shall promote and seek to accelerate the uptake of zero to low emission vehicles.

(2) The Minister shall promote and increase and develop public awareness of zero to low emission vehicles and the availability of recharging infrastructure and refuelling infrastructure for zero to low emission vehicles.

(3) The Minister may—

(a) assist the provision of recharging infrastructure and refuelling infrastructure for zero to low emission vehicles,

(b) carry out, arrange to have carried out or assist the carrying out of training and research activities in relation to zero to low emission vehicles and recharging infrastructure and refuelling infrastructure for zero to low emission vehicles,

(c) promote and assist research, development and demonstration of technologies connected with zero to low emission vehicles and recharging infrastructure and refuelling infrastructure for zero to low emission vehicles,

(d) provide advice, information and guidance in relation to design, standards, accessibility, operation and consumer use of zero to low emission vehicles and recharging infrastructure and refuelling infrastructure for zero to low emission vehicles, and

(e) engage with stakeholders and prepare reports in relation to the development of the electricity network to meet requirements for charging infrastructure for zero to low emission vehicles.

59. Effect and validity of certain regulations

59. (1) Notwithstanding section 5(1) of the European Communities Act 2007, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003) (referred to in this section as the “Principal Regulations”) shall not have statutory effect pursuant to that section and shall be deemed to have been validly made under sections 5, 11, 12 and 13 of the Act of 1961, sections 8, 10 and 11 of the Road Traffic Act 1968 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made.

(2) Notwithstanding section 5(1) of the European Communities Act 2007, the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2004 (S.I. No. 99 of 2004) shall not have statutory effect pursuant to that section and shall be deemed to have been validly made under sections 5 and 11 of the Act of 1961 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made.

(3) Subject to subsections (4) and (5), all regulations amending the Principal Regulations made before the coming into operation of this section shall be deemed to have been validly made on the date those Regulations were purported to be made.

(4) The Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 (S.I. No. 136 of 2015) shall be deemed to have been validly made under sections 11 and 12 of the Act of 1961 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made.

(5) The Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018) shall be deemed to have been validly made under sections 5, 11 and 12 of the Act of 1961, sections 8, 10 and 11 of the Road Traffic Act 1968 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made.

(6) Every act done, or purporting to have been done, under the Principal Regulations before the date of coming into operation of this section shall be deemed to be, and always to have been, valid and effectual for all purposes.

(7) If subsection (6) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.