Article 36 Driver obligations

by Mark Nolan

1. Drivers of animal-drawn vehicles, special vehicles with a maximum authorised mass not exceeding 3,500 kilograms, cycles, motorcycles, vehicles for people with reduced mobility or vehicles following cyclists, in the event that there is no lane or part of road specially dedicated to them, will drive on the hard shoulder to their right, if it is passable and sufficient for each one of them, and, where not, they will use the main part of the road.

On this picture we can see that there is cycle lane, for that reason, we must use it.

They must also drive on the hard shoulder on the right, or, in the circumstances referred to in this section, on the main part of the road, those drivers of vehicles whose maximum authorised mass does not exceed 3,500 kilograms, in an emergency, or driving at an abnormally slow speed, thereby seriously disturbing the traffic flow.


Motorcycles may not drive on the hard shoulder under any circumstances.


With the change in the law regarding driving licences, any driver that has held a “B” type driver’s licence for more than 3 years, will be able to drive a 125 cc motorcycle without the need for a prior examination.


This change in the law is causing cases of drivers who have never driven a motorcycle, and have little or no experience, to drive at very low speeds on the hard shoulder. In these cases, they should first buy a moped to acquire the confidence and safety skills and then upgrade.  The law does not include any exception for the use of motorcycles on the hard shoulder, therefore you should always ride on the road.


On long descents with curves, when safety permits, cyclists can leave the hard shoulder and drive on the right side of the road when needed.

It is not allowed to cross the solid lane and cycle on the other lane. Solid lines must be respected by all drivers included cyclists.


2. It is forbidden for the vehicles listed in the previous section to travel side by side, except for bicycles, which may do so in a column of two, keeping as far to the extreme right of the road, and in single file when there is reduced visibility, or when they may cause problems to other traffic. On motorways they are only allowed to travel on the hard shoulder, without encroaching the road for any reason.

Exceptionally, when the hard shoulder permits, mopeds may travel side by side, without encroaching the road for any reason.

In this image we can see that a Pegasus equipped helicopter has spotted some cyclists committing offences and has called on ground patrols to intercept.

3.The driver of any of the vehicles listed in section 1, except bicycles, cannot overtake another vehicle if the time the vehicles are parallel exceeds 15 seconds or the distance travelled to overtake exceeds 200 metres .


4. Specific regulations will apply to historical vehicles.


5. Infractions to the provisions in section 3 will be considered serious.

Skip to content