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11 1933

ROAD TRAFFIC ACT, 1933

PART II.

Classification, etc., of Mechanically Propelled Vehicles.

Classification of mechanically propelled vehicles.

14. —(1) Mechanically propelled vehicles shall, for the purposes of this Act, be divided into four classes, namely, motor cycles, light motor vehicles, heavy motor vehicles, and locomotives.

(2) For the purposes of this Act a mechanically propelled vehicle shall be a motor-cycle if and whenever and so long as it complies with all the following conditions, that is to say:—

(a) it does not exceed eight hundredweight in weight unladen; and

(b) it is supported exclusively by wheels in direct contact with the ground; and

(c) it has not more than three wheels; and

(d) it has all its wheels fitted with pneumatic tyres.

(3) For the purposes of this Act a mechanically propelled vehicle shall be a light motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:—

(a) it is not a motor cycle; and

(b) where it is fitted with a body designed and constructed for the carriage of passengers, it does not exceed three tons in weight unladen or, where either it is fitted with a body not so constructed and designed or is not fitted with a body, it does not exceed two tons in weight unladen; and

(c) where it is fitted with a body designed and constructed for the carriage of passengers, it has not seating accommodation for more than six persons excluding the driver thereof; and

(d) it is supported exclusively by wheels in direct contact with the ground; and

(e) it has all its wheels fitted with pneumatic tyres; and

(f) it is not being used for the traction of more than one other vehicle; and

(g) if and when it is used for the traction of another vehicle such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres.

(4) For the purposes of this Act a mechanically propelled vehicle shall be a heavy motor vehicle if and whenever and so long as it complies with all the following conditions, that is to say:—

(a) it is neither a motor cycle nor a light motor vehicle; and

(b) it does not exceed seven and one-quarter tons in weight unladen; and

(c) if and when used for the traction of another vehicle, the total of the weights unladen of such mechanically propelled vehicle and such other vehicle does not exceed nine and three-quarter tons; and

(d) it is supported exclusively by wheels in direct contact with the ground; and

(e) it has all of its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material; and

(f) it is not being used for the traction of more than one other vehicle; and

(g) if and when it is used for the traction of another vehicle, such other vehicle (so far as it is not supported by such mechanically propelled vehicle) is supported exclusively by wheels in direct contact with the ground and has all its wheels fitted with pneumatic tyres or other tyres of a soft or elastic material.

(5) For the purposes of this Act, a mechanically propelled vehicle shall be a locomotive if and whenever and so long as it is neither a motor cycle, a light motor vehicle, nor a heavy motor vehicle.

(6) The Minister may at any time and from time to time by order do all or any of the following things, that is to say:—

(a) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a motor cycle for the purposes of this Act;

(b) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a light motor vehicle for the purposes of this Act;

(c) vary in such manner as he thinks fit all or any of the conditions hereinbefore set forth as the conditions to be complied with by a mechanically propelled vehicle in order to be a heavy motor vehicle for the purposes of this Act;

(d) revoke, amend, or vary any order previously made by him under this sub-section.

(7) 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 House.

Construction and equipment of mechanically propelled vehicles.

15. —(1) The Minister may by order make, in relation to mechanically propelled vehicles and vehicles drawn by mechanically propelled vehicles, regulations in respect of all or any of the following matters, that is to say:—

(a) the construction of such vehicles;

(b) the conditions under which such vehicles may be used;

(c) the equipment, fittings, and instruments to be fitted to or carried on such vehicles, and in particular instruments for giving audible warning of the presence of such vehicles and instruments for giving visible warning to the rear of the intention of such vehicles to stop;

(d) the misuse of the machinery of such vehicles, including the use of such vehicles when the machinery thereof is in a defective condition;

(e) the discharge of soot, ashes, oil, steam or gas from such vehicles;

(f) the use and misuse of the equipment, fittings, and instruments fitted to or carried on such vehicles either voluntarily or in pursuance of this Act or regulations made thereunder;

(g) the amount of noise emitted by such vehicles or the load (if any) thereon whether occasioned by the construction or the defective condition of such vehicles or the machinery, equipment, fittings, or instruments thereof or by the use or misuse of such vehicles, machinery, equipment, fittings, or instruments or by the nature, packing or stowage of the load (if any) carried on such vehicles;

(h) the internal furnishing and fitting of public service vehicles;

(i) the words, letters, figures, and other marks to be affixed to or painted on such vehicles and the manner and place in which such marks are to be so affixed or painted;

(j) the number of vehicles which may be drawn at any one time by a mechanically propelled vehicle or by a mechanically propelled vehicle of a particular class, and the method of attachment of vehicles drawn by a mechanically propelled vehicle to such vehicle and (where appropriate) to one another.

(2) Different regulations may be made under this section in relation to different kinds of mechanically propelled vehicles and different kinds of vehicles drawn by mechanically propelled vehicles.

(3) The Minister shall by the regulations made by him under this section provide for the compulsory carrying on every mechanically propelled vehicle of a proper instrument for giving audible warning of the presence of such vehicle.

(4) It shall not be lawful for any person to use on any road a mechanically propelled vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations or to draw by means of a mechanically propelled vehicle on any road a vehicle to which regulations made under this section and for the time being in force apply and which does not comply in all respects with such regulations.

(5) Every person who uses a mechanically propelled vehicle in contravention of this section or who draws a vehicle by means of a mechanically propelled vehicle in contravention of this section or does any act (whether of commission or omission) which is a contravention of a regulation 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 ten pounds.

(6) In this Act the expression “regulations for the construction and equipment of mechanically propelled vehicles” means the regulations made under this section and for the time being in force in relation to the vehicle or class of vehicles in relation to which the expression is used.

(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Maximum weights of mechanically propelled vehicles.

16. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing the maximum weight unladen of locomotives;

(b) prescribing the maximum weight unladen of vehicles drawn by mechanically propelled vehicles;

(c) prescribing the maximum weight laden of mechanically propelled vehicles and of vehicles drawn by mechanically propelled vehicles;

(d) prescribing the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn by a mechanically propelled vehicle;

(e) prescribing the manner in which and the conditions under which any particular weights prescribed by the regulations are to be ascertained.

(2) Different regulations may be made under this section in respect of different places or areas and in respect of different classes of vehicles.

(3) Every person who uses on any road—

(a) a vehicle of which the weight unladen exceeds the maximum weight unladen prescribed by regulations made under this section and applicable to such vehicle, or

(b) a laden vehicle of which the weight as then laden exceeds the maximum weight laden prescribed by regulations made under this section and applicable to such vehicle, or

(c) a vehicle which or part of which transmits to the ground a greater weight than the maximum weight prescribed in respect of such transmission by regulations made under this section and applicable to such vehicle,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) Whenever a member of the Gárda Síochána observes a vehicle which he suspects of being then used in such manner as to constitute an offence under this section, such member may require the person in charge of such vehicle to do all or any of the following things, that is to say:—

(a) forthwith to bring such vehicle with the load (if any) thereon to a weigh-bridge maintained under this Act named by such member and not more than two miles distant by the shortest available route from the place at which such requisition is made;

(b) to carry such member to such weigh-bridge in such vehicle;

(c) to procure such vehicle with the load (if any) thereon to be weighed on such weigh-bridge in the presence of such member.

Whenever a person in charge of a vehicle fails or refuses to do anything which he is required under this sub-section by a member of the Gárda Síochána to do, such failure or refusal shall be an offence under this section and such person upon summary conviction thereof shall be liable in respect of each such offence to a fine not exceeding ten pounds.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Special permits for particular vehicles.

17. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) the issue of special permits authorising particular vehicles which contravene one or more regulations made under this Part of this Act to be driven on roads notwithstanding such contravention;

(b) prescribing the limitations, restrictions, and conditions which shall or may be inserted in such special permits including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to roads which may arise from the driving of the vehicles to which such special permits relate;

(c) prescribing the persons by whom such special permits may be issued and in particular providing for the issue of such special permits by particular officers of local authorities;

(d) prescribing the manner in which and the persons to whom application for such special permits shall be made.

(2) Notwithstanding anything contained in this Part of this Act, the driving of a mechanically propelled vehicle on a road under and in accordance in all respects with a special permit issued in respect of such vehicle under regulations made under this section shall not be a contravention of any provision of this Part of this Act.

Calculation of the weight of mechanically propelled vehicles.

18. —(1) For the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, the weight unladen of any vehicle shall, save as is otherwise provided by or under this Act, be taken to be the weight of the vehicle inclusive of the body and all parts which are necessary to or ordinarily used with the vehicle when working on a road, but exclusive of the weight of water, fuel, or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.

(2) In the case of a mechanically propelled vehicle—

(a) of which the weight unladen would exceed seven and one quarter tons when calculated under the foregoing sub-section, and

(b) which is fitted with a permanent or substantially permanent body or superstructure designed and constructed for a special purpose other than the carrying of passengers or goods or any particular class of goods,

the weight unladen of such vehicle shall (save as is otherwise provided by or under this Act) be deemed, for the purposes of this Act and of every other Act (whether passed before or after this Act) relating to mechanically propelled vehicles, to be seven and one quarter tons.

Provision of weigh-bridges.

19. —(1) Every council charged with the maintenance of a road may erect at such places on or adjacent to such road as it thinks proper and shall, when required by the Minister so to do, erect at such places on or adjacent to such roads as the Minister directs, machines (in this Act referred to as weigh-bridges) of the prescribed dimensions, power, design, and construction for the weighing of vehicles.

(2) Every council owning a weigh-bridge erected under an enactment repealed by this Act or erected under this section shall maintain such weigh-bridge in good condition and proper order and shall make such weigh-bridge available for the weighing of vehicles at all reasonable times and for that purpose shall provide such staff as may be necessary to operate such weigh-bridge.

(3) Every council maintaining a weigh-bridge under this section may charge for the weighing of vehicles thereon (other than vehicles weighed thereon by direction and in the presence of a member of the Gárda Síochána) such fees as shall be approved of by the Minister.

(4) All expenses incurred by a council in the erection or the maintenance and operation of a weigh-bridge under this section shall be defrayed out of the fees charged under this section for weighing vehicles thereon and, if and so far as such fees are not sufficient to defray such expenses, such expenses shall be deemed to be expenses of maintaining the road on or adjacent to which such weigh-bridge is erected and shall be defrayed accordingly.

Calculation of passenger accommodation of mechanically propelled vehicles.

20. —(1) The Minister may by regulations made by him under this Act prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any classes or class of such vehicles, and may in such regulations distinguish between sitting accommodation and standing accommodation and between accommodation for adults and accommodation for children.

(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.