Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 30th December, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 11 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Roads Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 ) and the Transport (Alteration of the Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following Regulations:

1. These Regulations may be cited as the Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2011.

2. Article 28 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 (S.I. 190 of 1963) as substituted by the Road Traffic (Requirement to Have Audible Warning Devices on Vehicles) Regulations 2006 (S.I. No. 340 of 1996)) is amended by the substitution of the following:

"(1) Every vehicle (other than a pedestrian controlled vehicle) shall be fitted with an audible warning device in accordance with this article capable of giving sufficient warning of the approach or position of the vehicle.

(2) A vehicle, other than a vehicle referred to in sub-article (3), shall not be fitted with a bell, gong, siren or other strident toned device.

(3) A vehicle may be fitted with a bell, gong, siren or other strident-toned device where the vehicle is to be used-

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

(b) as a fire brigade vehicle,

(c) by persons providing an ambulance service,

(d) by the Irish Prison Service,

(e) as an Irish Coast Guard vehicle, with or without a trailer, or,

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

(g) as a Marked Military Police Vehicle

(4) When a vehicle referred to in sub-article (3) is being used for one of the purposes specified in that sub-article the bell, gong, siren or other strident toned device may be sounded only-

(a) if necessary in the circumstances, and

(b) in the case of a vehicle being used by the Irish Prison Service, where the vehicle is clearly identifiable as such by having appropriate livery, and is usable for the purposes of transporting prisoners under guard.

(5) In this article-

'fire brigade vehicle' means a vehicle used by a fire authority (within the meaning of the Fire Services Act 1981 (No. 30 of 1981)) and includes a vehicle used by a senior fire officer in the performance of his or her duty as such officer;

'Irish Coast Guard vehicle' includes a mechanically propelled vehicle, with or without a trailer, used by a senior manager in the Irish Coast Guard in the performance of his or her duty as such officer;

'senior fire officer' means a fire officer not below the grade of Assistant Fire Officer (Prevention), but including the grades of Second Officer and Third Officer;

'Marked Military Police vehicle' means a mechanically propelled Defence Forces vehicle used by a member of the Military Police Corps in the performance of his or her duties;

'senior manager in the Irish Coast Guard' means an officer of the Irish Coast Guard not below the grade of Divisional Officer."

(6) The Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 ( S.I. No. 93 of 2002 ) are revoked.

GIVEN under my Official Seal,

21 December 2011.

LEO VARADKAR,

Minister for Transport Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations update the statutory provisions in relation to the use of sirens on certain vehicles. Under the Regulations, sirens may be used on vehicles used by the Gardaí, a fire service, an ambulance service, the Irish Coast Guard, the Irish Prison Service, vehicles used for the delivery or collection of human transplant organs, human blood or human blood products and certain Military Police vehicles.