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 (Lighting of Vehicles) (Blue and Amber Lamps) (Amendment) Regulations 2011.

2. Road Traffic (Lighting of Vehicles)(Blue and Amber Lamps) Regulations 2006 ( S.I. No. 342 of 2006 ) are amended by substituting for Regulation 4 the following:

"4. Article 52 of the Regulations of 1963 is amended by substituting for sub-article (18) (as substituted by the Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2006 ( S.I. No. 342 of 2006 )) the following:

(18)(a) Article 40 (in so far as it refers to articles 41, 42, 48 and 49) and articles 41, 42, 48 and 49 (except sub-article 9) do not apply to a lamp which complies with paragraph (b) and which is carried on a vehicle being used-

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

(ii) as a fire brigade vehicle,

(iii) by persons providing an ambulance service,

(iv) by the Irish Prison Service,

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

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

(vii) as a Marked Military Police vehicle,

(viii) as a breakdown vehicle,

(ix) as a road clearance vehicle,

(x) as a road works vehicle,

(xi) by a local authority (within the meaning of the Local Government Act 2001 (No. 37 of 2001)) or other person authorised by a local authority in the collection and disposal of refuse,

(xii) in the provision or maintenance of telephone services or of gas or electricity supply, or

(xiii) as a Customs and Excise patrol vehicle.

(b) In relation to a lamp carried on a vehicle referred to in paragraph (a)-

(i) the light shown by the lamp shall in the case of a vehicle referred to in-

(I) paragraph (a)(i) to (vii), be blue, and

(II) paragraph (a)(viii) to (xiii), be amber,

(ii) the power of the lamp where the colour of the light is-

(I) blue, shall not exceed 50 watts, and

(II) amber, shall not exceed 36 watts,

(iii) the lamp shall, where possible, be fitted on the roof of the vehicle on a point on its longitudinal axis,

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

(v) the area of the orthogonal projection on to 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,

(vi) the lamp, in the case of a road works vehicle, or a vehicle used in the provision or maintenance of telephone services or gas or electricity supply shall be lit only when the vehicle is in use at the scene of operations.

(c) In this sub-article-

'breakdown vehicle' means a mechanically propelled vehicle used 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;

'Customs and Excise patrol vehicle' means a mechanically propelled vehicle used by an official of Customs and Excise in the performance of his or her duties as such official;

'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;

'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;

'road clearance vehicle' means a mechanically propelled vehicle used for dealing with frost, ice or snow on roads and includes a vehicle used for cutting of roadside hedges or roadside grass verges or in the sweeping of roads;

'road works vehicle' means a mechanically propelled vehicle used 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;

'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;

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

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 flashing blue or amber warning lights on certain vehicles. Under the Regulations, blue flashing lights may be used on vehicles used by the Gardaí, a fire service, an ambulance service, the Irish Coast Guard, Military Police vehicles, the Irish Prison Service and vehicles used for the delivery or collection of human transplant organs, human blood or human blood products.

Amber lights may be used on a breakdown vehicle, a road clearance vehicle, a road works vehicle, a vehicle used in the collection and disposal of refuse, a vehicle used in the provision or maintenance of telephone services or of gas or electricity supply and a Customs and Excise patrol vehicle.