Clarification and opinion sought

Spook_ie

Given the wording of the SI's

http://www.irishstatutebook.ie/1964/...zsi294y1964a29

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

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

http://www.irishstatutebook.ie/2012/en/si/0332.html

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.

Does the removal of the brackets from the 1964 SI change the meaning in the 2012 SI?

Peregrinus

No. I think subreg. (1) was reordered to make it easier to read, not to change its effect. The "and then only if it will not endanger" phrase still modifies "save when overtaking".

The only other possible reading is that the "and then only if it will not endanger" phrase modifies "shall not drive a pedal cycle on a roadway". Grammatically that's a strained reading, and in any case the effect of that would be that you couldn't cycle on the road <i>at all</I> unless this was not going to inconvenience or obstruct other road users, which is an improbably reading.

Spook_ie

Thanks