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11 1933

ROAD TRAFFIC ACT, 1933

PART IV.

Speed Limits for Mechanically Propelled Vehicles.

Ordinary speed limits.

46. —(1) The speed of twenty-five miles an hour shall be the ordinary speed limit for light motor vehicles when being used for the traction of another vehicle.

(2) The following speeds shall be the ordinary speed limits for heavy motor vehicles of which all the wheels are fitted with pneumatic tyres, that is to say:—

(a) in the case of any such vehicle which is a large public service vehicle—

(i) if it is fitted with a floor for the seating of passengers the whole or any part of which is vertically above the whole or any part of another such floor, the speed of twenty miles an hour, or

(ii) if it is not so fitted, the speed of thirty-five miles an hour;

(b) in the case of any such vehicle which is not a large public service vehicle—

(i) when it is used for the traction of a vehicle of which all or some of the wheels are not fitted with pneumatic tyres, the speed of ten miles an hour,

(ii) when it is used for the traction of a vehicle of which all the wheels are fitted with pneumatic tyres, the speed of twenty miles an hour,

(iii) when it is used otherwise than for the traction of another vehicle, the speed of twenty-five miles an hour.

(3) The following speeds shall be the ordinary speed limits for heavy motor vehicles of which all or some of the wheels are not fitted with pneumatic tyres, that is to say:—

(a) when it is used for the traction of another vehicle, the speed of ten miles an hour;

(b) when it is used otherwise than for the traction of another vehicle, the speed of fifteen miles an hour.

(4) The following speeds shall be the ordinary speed limits for locomotives, that is to say:—

(a) in the case of a locomotive of which all the wheels are fitted with pneumatic tyres or other tyres of a soft or elastic material and which is being used either for the traction of one other vehicle only or otherwise than for the traction of another vehicle, the speed of ten miles an hour;

(b) in any case to which the foregoing paragraph does not apply, the speed of five miles an hour.

(5) In this Act the expression “ordinary speed limit” means the speed which is by virtue of this section the ordinary speed limit for the mechanically propelled vehicle in relation to which the expression is used and in the circumstances to which the context refers.

Variation of ordinary speed limits.

47. —(1) The Minister may by order, if and whenever he thinks proper, vary by way of increase or reduction the ordinary speed limit fixed by this Part of this Act or by a previous order under this section in respect of any particular class or description of mechanically propelled vehicles.

(2) The Minister may by order, if and whenever he thinks proper, alter (by addition, omission, or variation) the class or description of mechanically propelled vehicles to which an ordinary speed limit fixed by this Part of this Act or a previous order under this section applies.

(3) Whenever an order is made by the Minister under this section, this Part of this Act shall, while such order is in force, have effect subject to the provisions of such order.

(4) No order made under this section shall come into force unless and until it has been laid before each House of the Oireachtas and has been approved by resolution of each such House.

Special speed limits.

48. —(1) Subject to the provisions of this section, the Minister may, after holding a public inquiry, by order make regulations prescribing in respect of any specified road or of all the roads in any specified area the speed which shall either at all times or during specified periods or on specified occasions be the special speed limit on such road or roads for all or any classes or class of vehicles and may so prescribe different speeds in respect of different classes of vehicles.

(2) The Minister shall not make regulations under this section save on the application of the Commissioner or on the application of the local authority within whose functional area is situate the road or the specified area to the roads in which such regulations relate and the Minister shall not revoke or amend any such regulation save after consultation with the Commissioner and such local authority.

(3) The Council charged with the maintenance of a road or part of a road to which regulations made by the Minister under this section relate shall erect and maintain signs to indicate the existence and nature of the special speed limits imposed by such regulations, and section 36 of the Local Government Act, 1925 (No. 5 of 1925), shall apply in relation to such signs in like manner as it applies in relation to the signs mentioned therein.

(4) Every speed limit imposed within any limits or place by regulation made under section 9 of the Motor Car Act, 1903 and in force immediately before the commencement of this Part of this Act shall continue in force after such commencement and be deemed for all purposes (including offences and penalties) to be a speed limit within the meaning of this section and the regulation by which such speed limit was imposed shall be capable of being revoked or amended as if it had been made under this section.

(5) In this Act, the expression “special speed limit” means a speed which is by virtue of regulations made by the Minister under this section a special speed limit in the area in relation to which the expression is used.

(6) For the purposes of this section—

(a) each of the following bodies shall be a local authority, that is to say, every council of a county borough, every council of a county, every council of an urban district, and the commissioners of every town having commissioners under the Towns Improvement (Ireland) Act, 1854, and

(b) the functional area of the council of a county shall not include any urban district or any town having such commissioners as aforesaid in such county.

Prohibition of exceeding speed limits.

49. —(1) It shall not be lawful for any person to drive a mechanically propelled vehicle in a public place in which no special speed limit applicable to such vehicle is in force at a speed exceeding the ordinary speed limit (if any) applicable to such vehicle.

(2) It shall not be lawful for any person to drive a vehicle in a public place in which a special speed limit applicable to such vehicle is for the time being in operation at a speed exceeding such speed limit.

(3) Every person who drives a vehicle in contravention of this section shall be guilty of an offence under this section and shall, on summary conviction thereof, be liable in the case of a first offence, to a fine not exceeding ten pounds or, in the case of a second offence, to a fine not exceeding twenty pounds or, in the case of a third or any subsequent offence, to a fine not exceeding fifty pounds.

Prohibition of careless driving.

50. —Every person who drives a vehicle in a public place without exercising reasonable consideration for persons, vehicles, and other traffic using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Prohibition of dangerous driving.

51. —(1) Every person who drives a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition, and use of such place and the amount of traffic which then actually is or might reasonably be expected then to be in such place), is dangerous to the public shall be guilty of an offence under this section and shall, on summary conviction thereof, be liable, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred 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) In a prosecution for an offence under this section, it shall not be a defence to prove that the speed at which the accused person was driving the vehicle concerned at the time and in the place at and in which such offence is alleged to have been committed was not in excess of an ordinary speed limit or a special speed limit applicable to such vehicle at that time and in that place.

(3) On a prosecution for an offence under this section the accused person may, if not convicted of such offence, be convicted of an offence under the next preceding section of this Act.

Prohibition of driving dangerously defective vehicle.

52. —Every person who drives a mechanically propelled vehicle in a public place while such vehicle or the machinery thereof has a defect which such person knew of or could have discovered by the exercise of ordinary care and which is of such character that such vehicle is, when in motion, a danger to other persons and vehicles using such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

Special provisions for fire brigades, ambulances, etc.

53. —(1) The Minister may by order make regulations exempting from any one or more specified provisions of this Part of this Act fire brigade vehicles, ambulances, and other special classes of vehicles and prescribing the conditions and limitations of any such exemption.

(2) Whenever a vehicle is exempted by regulations made under this section from a provision of this Part of this Act, such provision shall, subject to the conditions and limitations on and with which such exemption is so conferred, not apply to such vehicle.

Ordering servant to exceed speed limit.

54. —(1) Where the owner of an omnibus instructs the driver thereof to observe a time-table and such time-table is so framed that such driver could not observe it without driving such omnibus at a speed which would be a contravention of this Part of this Act, such owner shall be deemed to aid, abet, counsel, or procure the commission of an offence punishable on summary conviction within the meaning of section 22 of the Petty Sessions (Ireland) Act, 1851.

(2) For the purposes of this section:—

(a) proof that the owner of an omnibus issued to all or any of his employees or to the public a time-table applicable to such omnibus shall be conclusive evidence that such owner instructed the driver of such omnibus to observe such time-table;

(b) a certificate purporting to be signed and issued by an officer of the Ordnance Survey and to certify the distance between any two places shall be conclusive evidence (without proof of the signature of such officer or that he was such officer) that the distance between such places is the distance stated in such certificate.

Evidence and notice of offences.

55. —(1) Where the proof of the commission of an offence under this Part of this Act involves the proof of the speed at which a person (whether the accused or another person) was driving a vehicle on a particular occasion, the uncorroborated evidence of one witness stating his opinion of the speed at which such person was driving such vehicle on that occasion shall not be accepted as proof of such speed.

(2) Where a person is charged with an offence under this Part of this Act and the act constituting such offence consists of driving a vehicle in contravention of a provision of this Part of this Act, such person shall not be convicted of such offence unless or until the court is satisfied either—

(a) that such person was warned at the time of the commission of the offence or immediately thereafter that he would be prosecuted therefor, or

(b) that within such time, not exceeding fourteen days, after the commission of the offence as the court shall consider to have been reasonable, notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute such offence and stating the intention to prosecute such person therefor was given to such person or (in the case of a mechanically propelled vehicle) to the person registered as owner of the vehicle in relation to which the offence is alleged to have been committed.