S.I. No. 360/1978 - Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1978.

S.I. No. 360 of 1978.

ROAD TRAFFIC (CONSTRUCTION, EQUIPMENT AND USE OF VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1978.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 11 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

PART IGENERAL

1. (1) These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1978.

(2) The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1978, and these Regulations shall be construed as one.

(3) The collective citation " the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1978 " shall include these Regulations.

2. These Regulations shall come into operation on the 1st day of February, 1979.

3. Article 4 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1971 ( S.I. No. 96 of 1971 ) shall be amended by the substitution for paragraph (b) of sub-article (1) of the following paragraph—

"(b) a safety belt for use by each passenger occupying a forward facing front seat ".

PART IIUSE OF SAFETY BELTS

4. (1) This Part of these Regulations shall apply to—

( a ) passenger vehicles and station wagons having passenger accommodation for not more than eight persons exclusive of the driver and first registered on or after 1st day of June, 1971 and

( b ) goods vehicles not exceeding 30 cwts. in weight unladen and first registered on or after 1st day of June 1971,

while used in a public place.

(2) In this Part of these Regulations " safety belt " means—

( a ) a safety belt which complies with the requirements of article 4 (2) of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1971, or

( b ) a safety belt which bears the EEC component type-approval mark pursuant to Council Directive of 28th June 1977 No. 77/541/EEC.*

5. (1) A person driving a vehicle to which this part of these Regulations applies and a person occupying a front seat of such a vehicle as a passenger shall, subject to sub-article (2) of this article and to articles 7 and 8 of these Regulations, wear a safety belt.

(2) Sub-article (1) of this article shall not apply to—

( a ) the holder of a licence under Part IV of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) while driving a vehicle being used as a small public service vehicle;

( b ) a person giving instruction in or in respect of the driving of the vehicle;

( c ) a person who is conducting a test of competency to drive under Part III of the Road Traffic Act, 1961 ;

( d ) the driver of a vehicle while reversing the vehicle;

( e ) a member of the Garda Síochána or of the Defence Forces in the course of his duty as such member.

6. The driver of a vehicle to which this Part of these Regulations applies shall not permit a person to occupy a front seat—

( a ) where the person is under 17 years of age and is over 150 centimetres in height unless the person is wearing a safety belt;

*O.J. No. L220/95, 29/8/1977.

( b ) where the person is under 12 years of age and is under 150 centimetres in height unless a means of restraint for the safety of the person is used,

unless in each such case, no reasonable alternative seating accommodation is available for the person.

7. Where a person has been found not to have complied with article 5 (1) of these Regulations and the person on being so found produces to a member of the Garda Síochána or within one month of being so found produces to a member of the Garda Síochána at a Garda Station, a certificate of a registered medical practitioner that, because of physical or mental disability or for medical or psychological reasons, it was undesirable or inadvisable for the person to wear a safety belt on the occasion in question, the person shall not be regarded as having been in breach of the requirements of that sub-article.

8. (1) In a prosecution of a person for an offence under article 5 (1) of these Regulations it shall be a good defence for the defendant to satisfy the court that he had a special and substantial reason for not wearing a safety belt or that it was undesirable or inadvisable for him to wear a safety belt because of physical or mental disability or because of medical or psychological considerations, or that it would because of inconvenience or risk to person or property, have been unreasonable for him to wear a safety belt having regard to the nature of the use of the vehicle at the time of the alleged offence.

(2) In a prosecution of a person for an offence under article 5 (1) or article 6 of these Regulations, it shall be a good defence for the defendant to satisfy the court that the safety belt being used at the time of the alleged offence afforded a level of protection not less than that afforded by a safety belt as defined in article 4 of these Regulations.

PART IIIUSE OF CRASH HELMETS

9. In this Part of these Regulations—

"motor cycle" means a mechanically propelled bicycle;

"crash helmet" means a helmet bearing one of the approved standard marks for safety helmets set out in Column 2 of the Schedule to these Regulations.

10. The driver of a motor cycle and a passenger carried on the motor cycle shall each wear a crash helmet while the motor cycle is used in a public place.

11. The driver of a motor cycle shall not, while using it in a public place, permit a passenger to be carried on the motor cycle unless the passenger is wearing a crash helmet.

12. In a prosecution of a person for an offence under article 10 or article 11 of these Regulations it shall be a good defence to satisfy the court that the driver, or, in the case of an offence under article 11, the passenger was wearing a helmet at the time of the alleged offence which afforded a level of protection not less than that afforded by a crash helmet as defined in article 9 of these Regulations.

SCHEDULE

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of December, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make it obligatory for the driver and front seat passengers in cars, station wagons and light goods vehicles first registered on or after 1st June, 1971, to wear safety belts of prescribed standards. Provision is also made for the obligatory wearing of crash helmets of prescribed standards by the drivers of motor cycles and their passengers.