S.I. No. 639/2020 - Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th December, 2020.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by sections 5 and 11 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2020.

(2) These Regulations come into operation on 1 January 2021.

2. In these Regulations, “Principal Regulations” means the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ).

3. Article 3(1) of the Principal Regulations is amended by the insertion of the following definition after the definition of “registered”:

“‘road-clearance vehicle’ means a mechanically propelled vehicle used for removing snow, ice or frost from road surfaces or for sweeping road surfaces or for cutting roadside hedges or grass verges;”.

4. Article 44(3) of the Principal Regulations is amended -

(a) in paragraph (h), by the substitution of “panels, and” for “panels.”, and

(b) by the insertion of the following paragraph after paragraph (h):

“(i) front lamps on a road-clearance vehicle, provided that -

(i) no part of the illuminated surface of the lamp is more than 2100mm from the ground,

(ii) the vehicle is being used for removing snow, ice or frost from road surfaces, and

(iii) the vehicle is being used by -

(I) a local authority (within the meaning of the Local Government Act 2001 (No. 37 of 2001)) or other person authorised by a local authority, or

(II) the National Roads Authority or other person authorised by the National Roads Authority.”.

5. Article 52 of the Principal Regulations is amended by the substitution of the following sub-article for sub-article 18:

“(18) (a) Articles 41(1)(a), 41(2)(a), 42(1), 48(1), 48(2)(b) and 49 (except sub-article (9)) and Article 40 (in so far as it refers to Articles 41, 42 and 48) shall not apply to the use of a blue lamp the power of which does not exceed 50 watts that is being carried on an emergency vehicle.

(b) Articles 41(1)(a), 41(2)(a), 42(1), 48(1), 48(2)(b) and 49 (except sub-article (9)) and Article 40 (in so far as it refers to Articles 41, 42 and 48) shall not apply to the use of an amber lamp, the power of which does not exceed 36 watts that is being carried on a works vehicle.

(c) For the purposes of paragraph (a), an ‘emergency vehicle’ is a mechanically propelled vehicle being used:

(i) by a member of the Garda Síochána in the performance of his or her duties;

(ii) by a pre-hospital emergency care service provider, recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 ), in the provision of an ambulance service;

(iii) by a prison officer of the Irish Prison Service in the performance of his or her duties, provided that, at the time it is used, the vehicle is registered by the Irish Prison Service under section 131 of the Finance Act 1992 ;

(iv) by a fire authority, within the meaning of the Fire Services Act 1981 (No. 30 of 1981), as a fire brigade vehicle, including a vehicle used by a senior fire officer (being a fire officer not below the grade of Assistant Fire Officer (Prevention) but including the grades of Second Officer and Third Officer) in the performance of his or her duties as such an officer;

(v) by a member of the Irish Coast Guard in the performance of his or her duties, provided that the vehicle, which may be used with or without a trailer, is at the time it is used registered by the Irish Coast Guard under section 131 of the Finance Act 1992 ;

(vi) by a member of the Military Police Corps in the performance of his or her duties, provided that the vehicle is marked as a Military Police Corps vehicle and, at the time it is used, is registered by the Minister for Defence under section 131 of the Finance Act 1992 ;

(vii) for the delivery or collection of human transplant organs, human blood or human blood products.

(d) For the purposes of paragraph (b), ‘works vehicle’ means a mechanically propelled vehicle being used:

(i) as a breakdown vehicle for towing broken-down mechanically propelled vehicles, trailers or semi-trailers to the nearest convenient place of safety or repair and includes a vehicle used in connection with and in the immediate vicinity of a breakdown;

(ii) as a road-clearance vehicle;

(iii) as a road-works vehicle in connection with the construction, maintenance and improvement of roads or in connection with the provision and maintenance of water supplies, sewerage and drainage services;

(iv) by a local authority (within the meaning of the Local Government Act 2001 ) or other person authorised by a local authority in the collection and disposal of refuse;

(v) in the provision or maintenance of telephone services or of gas or electricity supply;

(vi) as a Customs and Excise patrol vehicle by an official of Customs and Excise in the performance of his or her duties as such official; or

(vii) as an agricultural tractor or self-propelled agricultural machine (except vintage agricultural tractors used solely for vintage rallies or display).

(e) The use of a lamp referred to in paragraphs (a) or (b) shall be subject to the following requirements:

(i) the lamp shall be fitted on the roof of the vehicle on a point on its longitudinal axis;

(ii) no part of the illuminated surface of the lamp shall be less than 1.27 metres from the ground;

(iii) the area of the orthogonal projection onto any vertical plane of that part of the lamp through which light is shown shall be capable of lying wholly within a square having sides of 230 millimetres in length.

(f) Notwithstanding Article 49(9)(a), in the case of a lamp carried on a vehicle referred to at paragraphs (d)(iii) or (d)(v), the lamp shall be lit only when the vehicle is in use at the scene of operations.

(g) Notwithstanding Article 49(9)(a), in the case of a lamp carried on a vehicle referred to at paragraph (d)(vii), the lamp shall be lit at all times when the vehicle is in use in a public place.”.

6. The Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) (Amendment) Regulations 2011 ( S.I. No. 695 of 2011 ) are revoked.

GIVEN under my Official Seal,

15 December, 2020.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ) to provide for the fitting of raised front lamps for road clearance vehicles in order to allow the safe removal of snow, ice and frost from road surfaces. Additionally, the statutory provisions in relation to the use of blue or amber warning lights on certain vehicles have been revised.