I take it that this amendment and the other amendments connected with it make it perfectly clear that the period of limitation on hours for driving applies only to those vehicles referred to in sub-section (4)?
Road Traffic Bill, 1933—From the Seanad.
The following amendments from the Seanad were agreed to:—
1. Section 15, sub-section (1). After the word "vehicles" in line 28 the following words inserted:—"and instruments for giving visible warning to the rear of the intention of such vehicles to stop."
2. Section 15, sub-section (1). Before paragraph (e) a new paragraph inserted as follows:—
(e) the discharge of soot, ashes, oil, steam or gas from such vehicles;
3. Section 15, sub-section (1). After the word "vehicles" in line 36 the words "or the load (if any) thereon" inserted.
4. Section 15, sub-section (1). After the word "instruments" in line 41 the words "or by the nature, packing or stowage of the load (if any) carried on such vehicles" inserted.
5. Section 16, sub-section (4). All after the words "shall be" in line 8 deleted down to the end of the sub-section and the following words substituted therefor:—"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."
6. Section 17, sub-section (1). The words "in public places" deleted in lines 24-25 and the words "on roads" substituted therefor.
7. Section 17, sub-section (1). The following words added at the end of paragraph (b):—"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."
8. Section 17, sub-section (2). The words "in a public place" deleted in lines 35-36 and the words "on a road" substituted therefor.
9. Section 30, sub-section (2). Lines 12-17 inclusive deleted and the words "the appropriate minimum period" substituted therefor.
10. Section 30, sub-section (3). The word "be" deleted in line 19, where it secondly occurs, and the words "have been" substituted therefor.
11. Section 30. A new sub-section added at the end of the section as follows:—
(5) Where a person is convicted by a Justice of the District Court of an offence under this section an appeal shall lie from such conviction to the Judge of the Circuit Court within whose Circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and conclusive, and on the hearing of such appeal such Judge shall, if he affirms such conviction, confirm the consequential disqualification order made in respect of such person but may, in case the period specified in such order exceeds the appropriate minimum period, reduce the period specified in such order to such period (not being less than the appropriate minimum period) as he shall think proper.
12. Section 30. A new sub-section added at the end of the section as follows:—
(5) In this section the expression "the appropriate minimum period" means—
(a) in relation to the first conviction of a person under this section, twelve months from the date of such conviction;
(b) in relation to the second or any subsequent conviction of a person under this section, three years from the date of such conviction.
13. Section 31. Two new subsections added at the end of the section as follows:—
(2) In every case in which an appeal may be brought in respect of the conviction of any person by any court of an offence on conviction of which an ancillary disqualification order may be made, the court having jurisdiction to hear such appeal shall have jurisdiction to confirm, annul or vary an ancillary disqualification order.
(3) An ancillary disqualification order made by a Justice of the District Court shall be subject to appeal in like manner as if such order were an order for the payment of a penal sum by the person against whom such order is made and Section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928) shall apply and have effect accordingly.
14. Section 32, sub-section (4). The sub-section deleted.
15. Section 33, sub-section (2). A new sub-section inserted before the sub-section as follows:—
(2) The operation of a disqualification order shall not be suspended or postponed by reason of an appeal being brought against such order or against the conviction as a result of which such order is made unless the court by which such order is made otherwise directs.
16. Section 33, sub-section (4). The words "and in the next following section" deleted in line 29.
17. Section 34, sub-section (1). Before the word "disqualification" where it occurs in lines 33 and 42 the word "special" inserted.
18. Section 34, sub-section (2). Before the word "disqualification" in line 45, where it first occurs, and also in lines 46 and 48, the word "special" inserted.
19. Section 34, sub-section (3). Before the word "disqualification" in lines 50 and 52 the word "special" inserted.
20. Section 34, sub-section (4). Before the word "disqualification" in line 54 the word "special" inserted.
21. Section 36. After the word "order" in line 11, where it first occurs, the words "or an order annulling or varying any such disqualification order" inserted.
22. Section 36. The words "an ancillary disqualification order or" deleted in lines 11-12.
23. Section 48, sub-section (1). After the word "of" in line 64 the words "any specified road or of all the roads in" inserted.
24. Section 48, sub-section (1). The words "within that area" deleted in line 2 and the words "on such road or roads" substituted therefor.
25. Section 48, sub-section (2). The words "the area to" deleted in line 8 and the words "the road or the specified area to the roads in" substituted therefor.
26. Section 48, sub-section (3). The words "on such road" deleted in line 13.
27. Section 48, sub-section (4). A new sub-section inserted before the sub-section as follows:—
(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.
28. Section 52. The words "is defective to such extent or in such manner" deleted in lines 17-18 and the following words substituted therefor:—"has a defect which such person knew of or could have discovered by the exercise of ordinary care and which is of such character."
29. Section 56, sub-section (1). The words "the said driver or the owner of such vehicle is at that time" deleted in lines 20-21.
30. Section 56, sub-section (1). After the word "person" in line 22 the following words inserted:—"would be legally liable for injury caused by the negligent driving of such vehicle at that time."
31. New section. Before section 67 a new section inserted as follows:—
67. The power of making regulations conferred by Section 12 of the Roads Act, 1920 shall extend and is hereby extended to include the making of regulations requiring a person applying for a licence under Section 13 of the Finance Act, 1920 (as amended by subsequent enactments) in respect of a mechanically propelled vehicle to produce evidence or specified evidence showing either that such person is an exempted person or that when the licence so applied for comes into operation there will be in force an approved policy of insurance or an approved guarantee or an approved combined policy and guarantee covering the driving of such vehicle by such person or by other persons on his order or with his consent.
32. Section 67, sub-section (3). The sub-section deleted.
33. New section. Before section 69 a new section inserted as follows:—
69. A vehicle insurer, vehicle guarantor, or exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically-propelled vehicle owned by him certifying that such vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury occasioned by the negligent driving of such vehicle.
34. Section 69, sub-section (1). Before the word "in" in line 22 the words "or a certificate of exemption" inserted.
35. Section 69, sub-section (2). After the word "guarantee" in line 31 the words "or a certificate of exemption" inserted.
36. Section 69, sub-section (3). After the word "guarantee" in line 37 the words "or a certificate of exemption" inserted.
37. Section 70, sub-section (1). After the word "terminated" in line 66 the words "or suspended" inserted.
38. Section 70, sub-section (1). After the word "termination" in line 2 the words "or suspension" inserted.
39. Section 70, sub-section (2). After the word "terminated" in line 7 the words "or suspended" inserted.
40. Section 70, sub-section (2). After the word "termination" in line 9 the words "or suspension" inserted.
41. New section. Before Section 71 a new section inserted as follows:—
71. The Minister may by order make regulations in relation to all or any of the following matters, that is to say—
(a) applications for and the issue of certificates of insurance and certificates of guarantee, and the making and issue of certificates of exemption;
(b) the issue of copies of or new certificates in lieu of any such certificates which are lost or destroyed;
(c) the custody, production, cancellation, and surrender of such certificates.
42. Section 71. A new sub-section added at the end of the section as follows:—
(4) Any notice or any particulars which the owner of a vehicle is required by this section to give to any vehicle insurer or vehicle guarantor may be given by such owner posting such notice or particulars in a properly closed and prepaid envelope addressed to such vehicle insurer or vehicle guarantor (as the case may require) and such notice or particulars shall be deemed to be given in the time specified in this section for the giving of such notice or particulars so posted within such time.
43. Section 72, sub-section (1). The words "within twenty-four hours" deleted in line 63 and the words "as soon as practicable" substituted therefor.
44. Section 72. A new sub-section added at the end of the section as follows:—
(3) Any notice or particulars which any person is required by this section to give to the owner of a mechanically-propelled vehicle may be given by posting such notice or particulars in a properly closed and prepaid envelope addressed to such owner.
45. Section 74, sub-section (1). Before paragraph (c) a new paragraph inserted as follows:—
(c) requiring exempted persons to keep records of all certificates of exemption issued by them.
46. Section 90, sub-section (1). At the beginning of the sub-section the words "Subject to the provisions of this section" inserted.
47. Section 90, sub-section (3). The word "seven" deleted in line 35 and the word "five" substituted therefor.
48. Section 124, sub-section (1). After the word "property" in line 15 the following words added:—"including the payment out of such moneys of rewards to persons depositing such property in pursuance of this section."
49. Section 144, sub-section (1). Before paragraph (h) a new paragraph inserted as follows:—
(h) regulating and controlling the driving of vehicles on roadways when meeting or passing animals, whether such animals are accompanied or unaccompanied by any person or are or are not harnessed or attached to any vehicle.
50. Section 156, sub-section (4). A new sub-section inserted before the sub-section as follows:—
(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.
51. Section 164. A new sub-section added at the end of the section as follows:—
(5) Where a person is charged with having committed an offence under this section it shall be a good defence to such charge for such person to show that when he did the act alleged to constitute such offence he believed and had reasonable grounds for believing that he had lawful authority for doing such act.
Question proposed: "That the Dáil agree with the Seanad in the following amendment."
52. Section 166, sub-section (3). The sub-section deleted.
And that it is completely taken off the private car?
Yes.
Question agreed to.
The following amendments from the Seanad were also agreed to.
53. Section 166, sub-section (4). After the word "drives" in line 43 the following words inserted:—"or causes or permits any person employed by him or subject to his orders to drive."
54. Section 166, sub-section (4). Before the word "public" in line 44 the word "large" inserted.
55. Section 166, sub-section (4). After the word "constructed" in line 46 the word "solely" inserted.
56. Section 166, sub-section (4). The words and brackets "(other than passengers' luggage and effects) either in addition to or without passengers" deleted in lines 47-48.
57. Section 166. A new sub-section added at the end of the section as follows:—
(10) Notwithstanding anything to the contrary contained in any other section of this Act, this section shall not apply to or in respect of vehicles owned by the State and used for military or police purposes or to or in respect of persons in the public service of the State driving vehicles so owned and used.
58. New section. Before Section 169 a new section inserted as follows:—
169. Whenever a person drives a mechanically-propelled vehicle with the consent (whether expressed or to be implied from the circumstances) of the owner of such vehicle, such person shall, for the purposes of determining the liability or non-liability of such owner for injury occasioned by the negligent driving of such vehicle by such person, be deemed to drive such vehicle as the servant of such owner, but only in so far as such person acts in accordance with the terms of such consent.
59. New section. Before Section 174 a new section inserted as follows:—
174. Whenever in exercise of any power or the performance of any duty under this Act any member of the Gárda Síochána makes in a public place any request, requisition, or demand of any person, such person shall not be bound to comply with such request, requisition, or demand unless such member either—
(a) is in uniform, or
(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.
A message will be sent to the Seanad that all these amendments have been agreed to.