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11 1933

ROAD TRAFFIC ACT, 1933

PART IX.

Regulation of Traffic.

Bye-laws for the control of traffic generally.

147. —(1) The Commissioner may, with the consent of the Minister, make bye-laws for the general regulation and control of traffic, including all or any of the following purposes, that is to say:—

(a) the classification of traffic;

(b) requiring all traffic to proceed along a specified side of the roadway either at all times or in specified circumstances or in specified places;

(c) prescribing the respective rights of priority of passage of different classes of traffic proceeding in the same direction;

(d) prescribing the respective rights of priority of passage of traffic proceeding in different directions, whether opposite or crossing;

(e) prescribing rules for the use of roads by different classes of traffic and in particular by pedal cyclists and assigning different parts of the road to different classes of traffic;

(f) prescribing the routes or courses to be taken by traffic turning at a junction of roadways from one roadway to another roadway;

(g) regulating and controlling the stopping of vehicles on roadways;

(h) regulating and controlling the driving of vehicles on roadways when meeting or passing animals, whether such animals are accompanied or unaccompanied byany person or are or are not harnessed or attached to any vehicle;

(i) regulating and controlling the driving on roadways of animals which are not ridden or led by any person nor harnessed or attached to any vehicle;

(j) regulating and controlling the method of attaching a vehicle to another vehicle for the purpose of traction by such last-mentioned or any other vehicle, and the number of vehicles which may be the subject of traction at any one time by any one vehicle either generally or in specified circumstances or places, and the method of controlling a vehicle so attached to another vehicle;

(k) regulating and controlling the method of attaching to a vehicle an animal harnessed to another vehicle for the purpose of being led by such first-mentioned or any other vehicle and the number of such animals which may be so led at any one time by any one vehicle;

(l) regulating and controlling the conduct of pedestrians on roadways and in particular the crossing of roadways by pedestrians;

(m) prohibiting the use of footways by animals or particular classes of animals;

(n) prohibiting the use of footways by vehicles or particular classes of vehicles;

(o) requiring persons in charge of traffic or of specified classes of traffic to give audible warning of their approach in specified circumstances or at specified places and regulating and controlling the character and volume of such warnings;

(p) requiring signals to be given by drivers of vehicles to indicate intended alterations in the direction or rate of movement of such first-mentioned vehicles and prescribing the signals to be so given;

(q) regulating the control of traffic by members of the Gárda Síochána on duty for the purpose of exercising such control at junctions of roadways or angles or curves in or obstructions on roadways and in particular requiring signals to be given by drivers of vehicles and persons in charge of other traffic to members of the Gárda Síochána on such duty to indicate to such members the direction in which such drivers and persons wish to proceed and prescribing the signals to be so given and prescribing the signals to be given by such members to such drivers and persons to indicate to them the course they are to adopt and requiring such drivers and persons to obey such signals;

(r) the control of traffic by means of signals given mechanically at junctions of roadways or angles or curves in or obstructions on roadways and in particular prescribing the nature and character of such signals and requiring drivers of vehicles and persons in charge of other traffic to obey such signals.

(2) Any bye-law made under this section may be so made—

(a) either in respect of the whole of Saorstát Eireann or in respect of any specified portion of an area in Saorstát Eireann, and

(b) either generally for all times and occasions or specially for particular limited periods or particular occasions.

(3) The council charged with the maintenance οf a road in relation to which a bye-law made under this section is in force generally for all times and occasions shall erect, place, or make and shall maintain on such road all such notices, instructions, and directions (including notices, instructions, and directions placed or made on the surface of the roadway and also including instruments for the giving of signals by mechanical means) as the Minister shall direct for the purpose of indicating to persons in charge of traffic the existence of such bye-law and the course to be adopted in order to comply therewith.

(4) The council charged with the maintenance of a road in relation to which a bye-law is made under this section for a limited period or a particular occasion shall, before such period or occasion, erect, place, or make in such area and shall during such period or on such occasion maintain all such notices, instructions, and directions (including notices, instructions, and directions placed or made on the surface of the roadway) as the Commissioner shall direct for the purpose of indicating to persons in charge of traffic the existence of such bye-law and the course to be adopted in order to comply therewith.

(5) Section 36 of the Local Government Act, 1925 (No. 5 of 1925), shall be construed and have effect subject to and in accordance with the following provisions, that is to say:—

(a) the word “sign” shall in that section be construed as including an instrument for the giving of signals by mechanical means;

(b) references in that section to the erection of signs shall be construed as including the placing or making of signs on the surface of the roadway;

(c) there shall be and is hereby added to the purposes mentioned in paragraph (b) of sub-section (1) of that section the purpose of indicating to persons in charge of traffic the existence of a bye-law made under this section and the course to be adopted in order to comply therewith.

(6) In this section the word “traffic” includes vehicles and animals of every description but does not include pedestrians.

(7) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

Bye-laws for the control of traffic in relation to tramcars.

148. —(1) The Commissioner may, with the consent of the Minister, make in respect of any tramway system bye-laws for all or any of the following purposes, that is to say:—

(a) regulating the management of other vehicles in relation to tramcars on such tramway system and in particular the conduct of such vehicles when overtaking a tram-car;

(b) the places at which tramcars on such tramway system may stop to pick up or set down passengers;

(c) the places at which intending passengers in such tram-cars may congregate to await transport in such tramcars.

(2) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

Bye-laws for the control of traffic in specified areas.

149. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area and either generally for all times and occasions or specially for limited periods or particular occasions, bye-laws for all or any of the following purposes, that is to say:—

(a) prescribing the routes or courses to be taken by vehicles passing along, crossing, or turning into or out of roads generally or any specified road and in particular requiring different classes of vehicles to adhere to different lines or courses when passing along roads generally or any specified road;

(b) prohibiting any specified class of vehicle or any vehicle carrying specified goods or a specified class of load from entering or passing along any specified road (except for the purpose of going to or coming away from a place in such road) either at any time or during specified hours;

(c) requiring vehicles passing along any specified road either at any time or during specified hours to proceed in a specified direction only;

(d) prohibiting the passage whether on a vehicle or by human portage or otherwise through any specified road either at any time or during specified hours of any article exceeding a specified length or a specified breadth;

(e) prohibiting the passage through any specified road either at any time or during specified hours of any vehicle laden with an article which projects more than a specified distance behind the rear of such vehicle or more than a specified distance beyond the side of such vehicle;

(f) regulating and controlling the conduct of pedestrians in roads generally or any specified road and in particular the crossing of the roadway of roads generally or of any specified roads by pedestrians;

(g) prohibiting the passage through any specified road either at any time or during specified hours of a vehicle drawn by more than a specified number of horses or by more than a specified number of horses harnessed in a particular manner;

(h) prohibiting the loading or unloading of goods of any particular class or kind on, through, or across the footway in any specified road either at any time or during specified hours;

(i) prohibiting either at any time or during specified hours the lifting or lowering of goods by means of ropes chains, tackles, or other machinery across or over the footway of any specified road;

(j) restricting and controlling the carriage or distribution in or placing on the surface of roads, by way of advertisement of pictures, prints, boards, placards, or notices;

(k) restricting and controlling the driving, leading, or otherwise conducting of animals (other than horses, asses, and mules and other than animals carried in vehicles) in roads;

(l) restricting and controlling the deposit of goods in roads and in particular the depositing in roads of goods being loaded on or into or unloaded from a vehicle;

(m) restricting and controlling the washing of footways in roads and of doorsteps leading on to such footways by means of water delivered from a hose or otherwise under pressure;

(n) controlling the conduct of persons waiting in roads for transport or for admission to a building or other place or for any other lawful purpose and in particular requiring such persons to arrange themselves in queues and regulating the formation of such queues.

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

(3) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge to prove that the act alleged to constitute such offence was done bona fide and reasonably for the purpose or in the course of saving or endeavouring to save some person or property from death, destruction, or injury by fire, flood or other calamity.

Parking places.

150. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area and either generally for all times and occasions or specially for limited periods or particular occasions, bye-laws for all or any of the following purposes, that is to say:—

(a) prescribing the places (in this Act referred to as parking places) in which mechanically propelled vehicles or any particular class of such vehicles may remain stationary in public places either indefinitely or for any period not exceeding a specified period and whether there is or is not a person in charge thereof;

(b) appointing the conditions to be observed in regard to mechanically propelled vehicles remaining stationary in parking places;

(c) prescribing the period during which, the purposes for which, and the conditions under which mechanically propelled vehicles or any particular class of such vehicles may remain stationary in public places (other than parking places) or in any particular such public place;

(d) prohibiting the keeping or leaving any mechanically propelled vehicle or any such vehicle of a particular class stationary in any public place (including parking places) for a period exceeding the period authorised in that behalf by the regulations or for a purpose other than a purpose so authorised in that behalf or otherwise than for a purpose (if any) or in accordance with the conditions (if any) prescribed in that behalf by the bye-laws.

(2) Every person who does any act (whether of commission or omission) which is a contravention of the bye-laws made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

Attendants at parking places.

151. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make, in respect of any specified area in which parking places are for the time being appointed by bye-laws made under this part of this Act, bye-laws for all or any of the following purposes, that is to say:—

(a) providing for the licensing by the Commissioner of persons to act as motor car attendants in parking places;

(b) providing for the issuing of official badges by the Commissioner to licensed motor car attendants and the wearing of such badges by such attendants;

(c) prescribing the duties of licensed motor car attendants;

(d) prescribing the fees (if any) to be paid by licensed motor car attendants for licences granted and for badges issued to them under the bye-laws;

(e) authorising licensed motor car attendants to charge fees in relation to mechanically propelled vehicles remaining stationary in parking places, prescribing the amounts of such fees, and providing for the collection and recovery of such fees by such attendants;

(f) prohibiting any person who is not a licensed motor car attendant from acting or holding himself out as ready to act as a motor car attendant in any parking place;

(g) prohibiting persons from interfering with, obstructing, or molesting a licensed motor car attendant in the performance of his duties as such attendant.

(2) In this Part of this Act the expression “licensed motor car attendant” means a person duly licensed under bye-laws made under this section to act as motor car attendant in parking places.

(3) A licensed motor car attendant shall not be deemed to be the person having charge within the meaning of this Act of the mechanically propelled vehicles in the parking place at which he is the licensed motor car attendant.

(4) Any person who does any act (whether of commission or omission) which is a contravention of bye-laws made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

Obligation to pay fees in parking places.

152. —(1) Where a licensed motor car attendant is authorised by bye-laws made under this Part of this Act to charge fees in relation to mechanically propelled vehicles remaining stationary in a particular parking place, every person who drives a mechanically propelled vehicle into such parking place shall before making use of such a place as a parking place pay to such licensed motor car attendant the fee which such attendant is so authorised to charge in relation to such vehicle.

(2) Whenever a person who is required by this section to pay a fee to a licensed motor car attendant fails or refuses to pay such fee in accordance with this section, such person and also the owner of the mechanically propelled vehicle in relation to which such fee is so payable shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

Provision of vehicle stations by local authorities.

153. —(1) In this section the expression “local authority” means a sanitary authority within the meaning of the Public Health Acts, 1878 to 1931, and the expression “vehicle station” means a place (not being part of a road) provided by a local authority under this section for the purpose of affording a place for the temporary deposit of mechanically propelled vehicles for safe custody or for the purpose of affording a place for the reception and discharge of passengers and goods into or from public service vehicles or for both those purposes.

(2) A local authority may, with the consent of the Minister, provide such one or more vehicle stations as they consider desirable in order to relieve or prevent congestion of traffic, and for that purpose may, with the consent of the Minister purchase or take on lease any land or any easement in to or over land or utilise any land which may lawfully be appropriated for such purpose.

(3) Sections 203, 214 and 215 of the Public Health (Ireland) Act, 1878, as amended by section 8 of the Public Health (Ireland) Act, 1896, and section 68 of the Local Government Act, 1925 , shall apply to the acquisition of land by a local authority under this section but with the modification that the advertisements mentioned in sub-section (2) of section 203 of the Public Health (Ireland) Act, 1878, may be published in any month, and that the notices mentioned in the said sub-section shall be served in the next succeeding month.

(4) A local authority may take all such steps as may be necessary to adapt any land acquired or utilised by them as a vehicle station for use as such vehicle station, and may appoint officers or employ servants for the superintendence and management of such vehicle station.

(5) A local authority may make bye-laws as to the use of any vehicle station provided by the local authority under this section, and in particular in relation to any of the following matters, that is to say:—

(a) restricting the class of vehicles which may be admitted to such vehicle station;

(b) appointing the charges to be made for the use of such vehicle station or any part thereof;

(c) appointing the time for which any vehicle may remain in such vehicle station.

(6) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, as adapted by or under any Act of the Oireachtas shall apply to bye-laws made under this section in like manner as those sections apply to bye-laws made under that Act.

(7) When a local authority acquires or utilises any land for a vehicle station and such station is intended for use by public service vehicles, the local authority may, with the consent of the Minister, provide, as part of such vehicle station, waiting rooms, ticket offices, lavatories, and other similar accommodation in connection therewith.

(8) A local authority shall have power to raise any expenses incurred by them under this section by means of rates or borrowing in the same manner and subject to the same conditions in and subject to which such local authority is empowered to raise any expenses incurred under the Public Health Acts, 1878 to 1931.

Prohibition of obstruction of traffic.

154. —(1) Every person who, does any act (whether of commission or omission) whereby the passage of traffic through any public place is otherwise than with lawful authority or through unavoidable accident wholly or partially obstructed or which causes or tends to cause such passage of traffic to be so obstructed shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

(2) In this section the word “traffic” includes vehicles and animals of every description and pedestrians.

Prohibition of unauthorised travelling on vehicles.

155. —(1) It shall not be lawful for any person to hold on to get on or in to, or be or remain on or in a moving vehicle without the permission of the driver or other person in charge of such vehicle.

(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

Cyclists holding on to other vehicles.

156. —(1) It shall not be lawful for a person on a bicycle or a tricycle in a public place to take or retain hold of any other vehicle (other than a pedal bicycle on which no person is riding) which is in motion or of any person or thing on, in, or attached to any such vehicle without the consent of the rider or driver of such other vehicle.

(2) Every person who takes or retains hold of a vehicle, person or thing in contravention of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

Prevention of obstruction of traffic by fairs and markets.

157. —(1) Where any fair or market is held in any public place within the functional area of the council of a county, a county or other borough, or an urban district or the commissioners of a town, it shall be the duty of such council or commissioners to make such bye-laws as may be necessary for securing the free passage of vehicular traffic through such place on the occasion of such fairs or markets.

(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878 as adapted by or under any Act of the Oireachtas shall apply to bye-laws made under this section in like manner as those sections apply to bye-laws made under the said Act subject to the modification that references therein to a sanitary authority shall be construed as references to the council of a county, county or other borough, or urban district or the commissioners of a town, as the case may require.

(3) Where the Minister is of opinion that bye-laws should be made under this section and the council or commissioners having power under this section to make such bye-laws either has not made any such bye-laws or has not made such bye-laws as the Minister shall consider to be necessary, the Minister may himself make all such bye-laws including bye-laws revoking or amending bye-laws made by such council or commissioners as he shall consider to be necessary or proper and such council or commissioners could have made under this section, and every bye-law so made to the Minister shall have effect as if it had been made by such council or commissioners but shall not be capable of being revoked or amended by such council or commissioners without the sanction of the Minister.

(4) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section by the council of a county, county or other borough, or urban district or by the commissioners of a town or by the Minister shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

(5) For the purposes of this section the functional area of the council of a county does not include any borough or urban district in such county nor any town in such county which has town commissioners.

Protection of bridges from excessive burdens.

158. —(1) Any local authority, railway or canal company, or other person liable to maintain a bridge carrying a public highway may, by notices in the prescribed form placed in the prescribed manner on the approaches to such bridge, prohibit any vehicle which with the load (if any) thereon exceeds the weight specified in such notices from passing over such bridge either (as may be specified in such notices) at all or at a speed exceeding the speed specified in such notices.

(2) Notices shall not be erected under this section in respect of a bridge unless some restriction on the use of such bridge is reasonably necessary to ensure that the traffic passing over such bridge shall not impose on such bridge a greater burden than it is capable of bearing and no such notice shall impose a greater restriction on the use thereof than is reasonably necessary for that purpose.

(3) Any person who claims that notices purporting to have been erected under this section have been so erected in contravention of the foregoing sub-section of this section, may appeal in the prescribed manner to the Minister and on the hearing of such appeal the Minister shall give such directions (whether for the maintenance, removal, or alteration of such notices) as he shall think proper and such directions shall be final and conclusive.

(4) Whenever the Minister in consequence of an appeal to him under the foregoing sub-section of this section gives directions for the removal or alteration of the notices to which such appeal relates, the person by whom such notices were erected shall, within three days after the communication of such directions to him, remove or alter (as the case may require) such notices in accordance with such directions and if he fails so to do he shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding twenty-five pounds and a further fine not exceeding five pounds for every day during which the offence is continued.

(5) Every person who drives a vehicle over a bridge in contravention of a notice erected under this section in relation to such bridge shall (notwithstanding that such notice may have been erected in contravention of sub-section (2) of this section) be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

(6) Whenever a vehicle is driven over a bridge in such circumstances as to constitute an offence under the next preceding sub-section of this section, the owner of such vehicle shall be liable in damages to the authority, company, or other person liable to maintain such bridge for all (if any) injury occasioned to such bridge by such driving of such vehicle over such bridge, and such damages shall be recoverable by such person from such owner by civil action in any court of competent jurisdiction.

Closing of particular roads to vehicles.

159. —(1) The Minister may, after holding a public inquiry, by order prohibit, subject to such exceptions or conditions as to occasional use or otherwise as may be specified in such order, the driving of vehicles or any specified class or classes of vehicles on any specified road in respect of which it appears to him in consequence of such inquiry to be proved that the driving of vehicles or such class or classes of vehicles on such road would endanger such vehicles or the persons therein or other traffic or that such road is for any other reason unsuitable for use by vehicles or such class or classes of vehicles.

(2) Whenever an order is made under the foregoing sub-section of this section it shall be the duty of the council charged with the maintenance of the road to which such order relates to erect and maintain at such places as shall be specified in such order notices in a form approved of by the Minister stating the effect of such order.

(3) Whenever an order has been made by the Minister under sub-section (1) of this section, the Minister may at any time, after giving notice to the council charged with the maintenance of the road to which such order relates and considering any representations made to him by such council, by order revoke or amend such first-mentioned order, and thereupon it shall be the duty of such council to remove or alter as the case may require the notices erected and maintained by them under sub-section (2) of this section in relation to such first-mentioned order.

(4) Every order made under section 12 of the Roads Act, 1920 and in force immediately before the commencement of this Part of this Act prohibiting or restricting the driving of vehicles of any specified class on any specified road in any particular area shall, from and after such commencement, be deemed for all purposes (including offences and penalties) to have been made under this section and shall continue in force and be capable of revocation and amendment accordingly.

(5) Every person who drives a vehicle on a road in contravention of an order made under sub-section (1) of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

Saving for general power of the Commissioner.

160. —Nothing in this Act shall prejudice or derogate from the general power and duty of the Commissioner and other members of the Gárda Síochána to preserve order in public places and to regulate and control traffic therein.