S.I. No. 222/2024 - Road Traffic (Traffic and Parking) (Amendment) Regulations 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th May, 2024.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by sections 3 and 35 of the Road Traffic Act 1994 (No. 7 of 1994) 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. 35 1 of 2020), hereby make the following regulations:

Citation and collective citation

1. (1) These Regulations may be cited as the Road Traffic (Traffic and Parking) (Amendment) Regulations 2024.

(2) The Road Traffic (Traffic and Parking) Regulations 1997 to 2019, the Road Traffic (Traffic and Parking) (Amendment) Regulations 2022 (S. I. No. 517 of 2022) and these Regulations may be cited together as the Road Traffic (Traffic and Parking) Regulations 1997 to 2024.

Definitions

2. In these Regulations—

“Regulations of 1998” means the Road Traffic (Traffic and Parking) (Amendment) Regulations 1998 ( S.I. No. 274 of 1998 );

“Regulations of 2012” means Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 332 of 2012 ).

Revocation

3. (1) The following are revoked:

(a) the Road Traffic (Traffic and Parking) (Amendment) Regulations 2012 ( S.I. No. 74 of 2012 );

(b) the Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 ( S.I. No. 495 of 2019 ).

(2) Regulation 3 of the Road Traffic (Control of Traffic) Regulations 2006 ( S.I. No. 638 of 2006 ) is deleted.

Amendment of S.I. No. 182 of 1997

4. The Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 ) are amended—

(a) in article 4—

(i) in sub-article (1)—

(I) by substituting for the definition of “bus-only street” (substituted by Regulation 16(a)(ii) of the Regulations of 2012) the following:

“‘bus-only street’ means a street or a portion of a street at each entrance to which is provided traffic sign number RUS 011 (no straight ahead) accompanied by an information plate to indicate that vehicles, other than large public service vehicles, pedal cycles, L1e-A e-mopeds, electric scooters and vehicles entering for access only, are prohibited from entering that street;”,

(II) by substituting for the definition of “cycle track” (substituted by Article 4(a) of the Regulations of 1998) the following:

“‘cycle track’ means part of a road, including part of a footway or part of a roadway, which is provided primarily for the use of pedal cycles, L1e-A e-mopeds and electric scooters;”,

(III) by inserting after the definition of “direction of traffic flow” the following:

“‘electric scooter’ has the meaning assigned to it in the Road Traffic (Electric Scooters) Regulations 2024 ( S.I. No. 199 of 2024 );”,

(IV) by inserting after the definition of “holiday” the following:

“L1e-A e-moped means a mechanically propelled vehicle that is a bicycle or tricycle capable of propulsion solely by the physical exertions of a person or persons seated on it, and equipped with an auxiliary electric motor—

(a) which has a maximum continuous rated power greater than 0.25 kilowatts but less than or equal to 1 kilowatt, and

(b) the output of which cuts off when the physical exertions stop and before, or when, the bicycle or tricycle reaches the speed of 25 kilometres per hour”,

(V) by substituting for the definition of “median strip” the following:

“‘median strip’ means a boundary between the two carriageways of a road other than a traffic sign to which Regulation 48 of the Regulations of 2024 refer;”,

(VI) by substituting for the definition of “parking bay” (substituted by Article 4(b) of the Regulations of 1998) the following:

“‘parking bay’ means the area contained between lines of the type referred to in Regulation 56 of the Regulations of 2024;”,

and

(VII) by substituting for the definition of “the Regulations of 1997” the following:

“‘Regulations of 2024’ mean Road Traffic (Signs) Regulations 2024 ( S.I. No.200 of 2024 );”,

(ii) by substituting for sub-article (3) the following:

“(i) Notwithstanding paragraph (ii), a reference in these Regulations to a traffic sign prescribed in the Regulations of 2024 and any number referred to in association with a traffic sign shall be the number allocated to such sign in such Regulations.

(ii) Descriptions given to traffic signs in the Regulations of 2024 may be referred to in these Regulations for the purpose of identification.”,

(iii) in sub-article (5), by substituting for paragraph (a) (substituted by Regulation 3(a) of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )) the following:

“(a) Subject to paragraph (b), a reference in these Regulations to a vehicle unless otherwise specified, means a mechanically propelled vehicle (other than a mechanically propelled wheelchair), a pedal cycle or an electric scooter.”,

(b) in sub-article (3) of article 5 (substituted by article 5 of the Regulations of 1998), by inserting after paragraph (g) the following:

“(h) a vehicle being used by An Post in connection with the provision of postal services (within the meaning of section 6 of the Communications Regulation (Postal Services) Act 2011 (No. 21 of 2011)).”,

(c) in article 8, by substituting for sub-article (6) (substituted by Road Traffic (Traffic and Parking) (Amendment) Regulations 2022 ( S.I. No. 517 of 2022 )) the following:

“(6) A driver of a vehicle approaching a pedestrian crossing where traffic sign number RPC 001 (zebra pedestrian crossing) or traffic sign number RUS 066 (pedestrian crossing) is provided shall yield the right of way to any pedestrian who is waiting to cross or has commenced crossing the road at the crossing.

(6A) A driver of a vehicle approaching a pedestrian crossing where traffic sign number RPC 001 (zebra pedestrian crossing) or traffic sign number RPC 001A (zebra pedestrian crossing without belisha beacons) is provided shall yield the right of way to any pedestrian who is waiting to cross or has commenced crossing the road at the crossing.

(6B) A driver of a pedal cycle or L1e-A e-moped or electric scooter user approaching a zebra pedestrian crossing where traffic sign number RPC 001B (zebra pedestrian crossing of a cycle track) is provided shall yield the right of way to any pedestrian who is waiting to cross at the zebra pedestrian crossing or has commenced crossing the cycle track at the crossing.”,

(d) in article 10—

(i) by substituting for sub-article (1) (substituted by Regulation 4 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2019 ( S.I. No. 495 of 2019 )) the following:

“10 (1) A driver shall not overtake or attempt to overtake if to do so would endanger or cause inconvenience to—

(a) a pedal cyclist or an electric scooter user, or

(b) another person.”,

and

(ii) by substituting for sub-article (5) (substituted by Regulation16(d)(ii) of the Regulations of 2012) the following:

“(5) (a) A driver (other than a pedal cyclist and electric scooter user) may only overtake on the left—

(i) where the driver of the vehicle about to be overtaken has signalled an intention to turn to the right and the driver of the overtaking vehicle intends, after overtaking, to go straight ahead or turn to the left,

(ii) where the driver of the overtaking vehicle intends, after overtaking, to turn to the left at the next road junction and has signalled this intention, or

(iii) in slow-moving traffic, when vehicles in the traffic lane on the driver’s right are moving more slowly than the overtaking vehicle.

(b) A pedal cyclist or electric scooter user may overtake on the left where vehicles to the pedal cyclist’s or electric scooter user’s right are stationary or are moving more slowly than the overtaking pedal cycle or electric scooter, except where the vehicle to be overtaken—

(i) has signalled an intention to turn to the left and there is a reasonable expectation that the vehicle in which the driver has signalled an intention to turn to the left will execute a movement to the left before the cycle or electric scooter overtakes the vehicle,

(ii) is stationary for the purposes of permitting a passenger or passengers to alight or board the vehicle, or

(iii) is stationary for the purposes of loading or unloading.”,

(e) in article 14 (substituted by Regulation 16(e) of the Regulations of 2012)—

(i) in sub-article (1), by substituting for paragraph (c) the following:

“(c) traffic sign number RUS 058 (shared track for pedal cycles, electric scooters and pedestrians).

(ii) by substituting for sub-article (3) the following:

“(3) Where a cycle track, provided by traffic sign number RUS 009 in association with traffic sign number RRM 022 (continuous white line) or RRM 023 (broken white line), is two-way, pedal cycles, L1e-A e-mopeds and electric scooters shall be driven as near as possible to the left-hand side of each lane.”,

(iii) by substituting for sub-article (4) (substituted by Regulation 2 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2018 ( S.I. No. 321 of 2018 ) the following:

“4 (a) A pedal cycle, L1e-A e-moped or an electric scooter shall be driven on a cycle track that is on—

(i) a road,

(ii) a portion of a road, or

(iii) an area, at the entrance to which traffic sign number RUS 021 (pedestrianised street or area) is provided.

(b) A pedal cycle, L1e-A e-moped or an electric scooter shall be driven on a cycle track at the entrance to which traffic sign number RUS 059 (contra-flow cycle track) is provided and pedal cycles, L1e-A e-mopeds and electric scooters shall only be driven in the direction indicated by the contra-flow cycle track.”,

and

(iv) by substituting for sub-article (7) the following:

“(7) (a) A shared track shall be indicated by the provision of traffic sign number RUS 058 (shared track for pedal cycles, electric scooters and pedestrians) and the design displayed on the particular traffic sign number RUS 058 that is provided shall indicate if the shared track is—

(i) a non-segregated track where there is no visual or physical segregation of use between pedestrians and persons driving pedal cycles or electric scooters, or

(ii) a segregated track with a continuous white line on the track or a barrier provided along the length of the track signifying a separate area for use by persons driving pedal cycles or electric scooters and an adjoining separate area for use by pedestrians.

(b) At a location where traffic sign number RUS 058 indicates that a shared track is—

(i) non-segregated, as described in paragraph (a), pedestrians and persons driving pedal cycles or electric scooters may use that track, or

(ii) segregated, as described in paragraph (a), persons driving pedal cycles or electric scooters shall only use the area of the track that is designated on the sign for use by them and pedestrians shall only use the area of the track that is designated on the sign for use by them.

(c) A mechanically propelled vehicle, other than a mechanically propelled wheelchair, shall not be driven, wholly or partly, along or across a shared track where traffic sign number RUS 058 is provided, save for the purposes of access to or egress from a place adjacent to the shared track or from a roadway to such a place.

(d) The end of a prohibition or of a restriction under this sub-article shall be indicated by the provision of traffic sign number RUS 058 accompanied by an information plate specifying the word ‘Críoch/END’.

(e) In this sub-article, ‘pedestrians’ includes any person using a wheelchair, mechanically propelled, or otherwise.”,

(f) in article 32 ((substituted by Regulation 16(l) of the Regulations of 2012) by substituting for sub-articles (2), (3) and (4) the following:

“(2) A person shall not enter a bus lane with a vehicle, other than a large public service vehicle, a pedal cycle, an L1e-A e-moped or an electric scooter, during the period of operation of the bus lane indicated on an information plate.”

(3) A person shall not enter a contra-flow bus lane with a vehicle, other than a large public service vehicle, a pedal cycle, an L1e-A e-moped or an electric scooter.”

(4) A person shall not enter a bus-only street with a vehicle other than a large public service vehicle, a pedal cycle, an L1e-A e-moped or an electric scooter except for the purpose of access.”,

(g) by substituting for article 33 the following:

“33 (1) A driver on a motorway shall not—

(a) drive a mechanically propelled vehicle against the direction of traffic flow;

(b) drive a mechanically propelled vehicle on or across any part of the motorway which is not a carriageway;

(c) stop or park a mechanically propelled vehicle on any part of a motorway;

(d) drive a mechanically propelled vehicle of a class for which an ordinary speed limit of not more than 90 kilometres per hour is prescribed by regulations under section 3 or 4 of the Road Traffic Act 200 4 in the traffic lane nearest the right hand edge of a carriageway having more than one traffic lane except where it is necessary to proceed in that lane due to an obstruction or because another lane or lanes is or are for the time being closed to traffic.

(e) Paragraph (d) does not apply where –

(i) a special speed limit of not more than 80 kilometres per hour applies under a special speed limit bye-law, or

(ii) a speed limit of not more than 80 kilometres per hour applies under a road works speed limit order.

(2) A prohibition imposed by paragraph (b) or (c) of sub-article (1) shall not apply in relation to any part of the motorway which is provided for the parking of mechanically propelled vehicles or for the provision of services or amenities.

(3) A prohibition imposed by sub-article (1)(c) does not apply—

(a) in the case of a mechanically propelled vehicle which is stopped on a carriageway while it is prevented from proceeding by an obstruction, or

(b) subject to sub-article (4), in the case of a mechanically propelled vehicle which has been involved in an accident or is broken down.

(4) (a) The driver or other person in charge of a mechanically propelled vehicle on a motorway which has been involved in an accident or cannot proceed because of breakdown, mechanical defect or other emergency shall—

(i) as soon as, and insofar as, is possible, drive or move the mechanically propelled vehicle from the carriageway on to the nearest available space to the left of the left hand edge of the carriageway so that no part of the vehicle extends on to the carriageway, and

(ii) use the nearest available telephone as soon as possible to notify the Garda Síochána of the accident, breakdown or other circumstance which has necessitated the stopping of the mechanically propelled vehicle on the motorway.

(b) The driver or other person in charge of a mechanically propelled vehicle to which this sub-article applies shall not allow the vehicle to remain parked on the motorway for longer than is necessary and for this purpose shall accept an offer of assistance or service by a member of the Garda Síochána or by an employee or agent of a road authority.”,

(h) in article 45(1) (substituted by Regulation 8 of the Regulations of 1998) by substituting for paragraph (b) the following:

“(b) Paragraph (a) does not apply to a person who is driving a pedal cycle or an electric scooter on a cycle track.”,

(i) by substituting for article 47 (substituted by Regulation 16(s) of the Regulations of 2012) the following:

“Pedal cyclists

47. (1) A pedal cyclist shall not drive a pedal cycle on a roadway in such a manner as to result in more than 2 pedal cyclists driving abreast, save when overtaking other pedal cyclists, and then only if to do so will not endanger, inconvenience or obstruct other traffic or pedestrians.

(2) Pedal cyclists on a roadway shall cycle in single file when overtaking other traffic.”,

and

(j) by inserting after article 47 the following:

“Electric scooter users

47A. (1) An electric scooter user shall not drive an electric scooter on a roadway in such a manner as to result in more than 2 electric scooter users driving abreast, save when overtaking other electric scooter users, and then only if to do so will not endanger, inconvenience or obstruct other traffic or pedestrians.

(2) Electric scooter users on a roadway shall drive in single file when overtaking other traffic.

Cycle traffic lights

47B. (1) A pedal cyclist, an L1e-A e-moped driver or an electric scooter user facing traffic sign number RTS 006 or RTS 007 (cycle traffic lights) in which one lamp is lit and which shows a symbol of a pedal cycle in green, may proceed beyond that traffic sign provided no other road user is endangered.

(2) Where traffic sign number RTS 006 or RTS 007 (cycle traffic lights) is provided, and a lamp in that traffic sign is lit and shows a symbol of a pedal cycle in red, a person shall not drive a pedal cycle, an L1e-A e-moped or an electric scooter past the traffic sign.

(3) Where traffic sign number—

(i) RTS 006 is provided and a lamp in the traffic sign is lit on an intermittent basis showing a symbol of a pedal cycle in green, or

(ii) RTS 007 is provided and a lamp in the traffic sign is lit showing a symbol of a pedal cyclist in amber,

a pedal cyclist, L1e-A driver or an electric scooter user may not cross the road unless he or she has begun to do so while a lamp showing a symbol of a pedal cycle in green is lit on a constant basis.

(4) Where an amber lamp in traffic sign number RTS 007 is lit on an intermittent basis, a person driving a pedal cycle, L1e-A e-moped or electric scooter may only proceed past the cycle traffic light where right of way is yielded to any pedestrian who has begun to cross the roadway or the cycle track at the traffic lights.

(5) Where traffic sign number RTS 014 is provided, and the display in that traffic sign shows a symbol of a pedal cycle in red, a person shall not drive a pedal cycle, L1e-A e-moped or electric scooter past the traffic sign.

(6) Where traffic sign number RTS 014 –

(i) is provided and the display in the traffic sign shows a symbol of a pedal cycle in amber, a person driving a pedal cycle, L1e-A e-moped or electric scooter shall not drive the vehicle past the sign, or past traffic sign number RPC 001B, save when the vehicle is so close to the sign that it cannot safely be stopped before passing the sign, or

(ii) is provided and the display in the traffic sign shows a symbol of a flashing pedal cycle in amber, pedal cyclists, L1e-A e-moped drivers and electric scooter users may proceed beyond that traffic sign where right of way is yielded to any pedestrian who is waiting to cross or has commenced crossing the cycle track at the zebra crossing road marking RPC 001B.”.

Prohibition on pedal cycles and electric scooters

5. The following is substituted for Regulation 11 of the Regulations of 2012:

“Prohibition on pedal cycles and electric scooters

11. (1) Where traffic sign number RUS 055 (no pedal cycles or electric scooters sign) is provided, a person driving a pedal cycle or electric scooter shall not proceed beyond the sign.

(2) It is not required to apply this Regulation on a public road where section 43 of the Act of 1993 or regulations made under subsection (3) of that section apply or where articles 13 (driving on footway), 16 (median strip) or 45 (pedestrianised streets) of the Principal Regulations apply.”.

Traffic lane control

6. The following is substituted for Regulation 15 of the Regulations of 2012:

“15. Where traffic sign number RVMS 101 (traffic lane control) is provided above or to the side of a traffic lane, a driver of a vehicle proceeding in the traffic lane above which or to the side of which such sign is provided—

(a) may, when a green arrow pointing downwards in a vertical direction aspect is displayed on the sign, proceed or continue to do so in the traffic lane beneath or to the side of the downward green arrow signal,

(b) shall not, when a red cross, in the shape of an “X” aspect is displayed on the sign, proceed past such sign in the traffic lane beneath the red cross signal or, when the sign is mounted on a pole to the side of a traffic lane, proceed past such sign in that traffic lane, and

(c) shall—

(i) when an arrow pointing downwards and inclined to the left aspect is displayed on the sign, or

(ii) when an arrow pointing downwards and inclined to the right aspect is displayed on the sign,

proceed to move into the adjacent traffic lane in the direction indicated by the arrow signal displayed on the sign, but shall not drive from one traffic lane to another without yielding the right of way to traffic in the other lane.”.

GIVEN under my Official Seal,

16 May, 2024.

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 (Traffic and Parking) Regulations, 1997 to extend the definition of vehicle to include electric scooters, expand the regulatory framework governing the use of pedal cycles to include electric scooters, and provide for certain exemptions from the regulations for An Post vehicles in connection with the provision of postal services.