Road Traffic Act 2010
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: — (1) This Act may be cited as the Road Traffic Act 2010.
(2) This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
(3) The Road Traffic Acts 1961 to 2007 and this Act may be cited as the Road Traffic Acts 1961 to 2010 and shall be read together as one.
num: 2
paragraphs: — In this Act—
“Act of 1968” means Road Traffic Act 1968 ;
“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975 ;
“Act of 1994” means Road Traffic Act 1994 ;
“Act of 2002” means Road Traffic Act 2002 ;
“Act of 2004” means Road Traffic Act 2004 ;
“Act of 2006” means Road Traffic Act 2006 ;
“Minister” means Minister for Transport;
“prescribed” means prescribed by regulations made by the Minister;
“Principal Act” means Road Traffic Act 1961 .
num: 3
paragraphs: — (1) In this Part—
“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;
“Bureau” has the meaning assigned to it by section 37(1) of the Act of 1968;
“category”, in relation to a vehicle referred to in the definition of “specified person”, means a category of vehicle referred to in Regulation 6 of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 );
“designated” means designated by a member of the Garda SÃ­ochÃ¡na;
“doctor” means a person registered in the General Register of Medical Practitioners established under section 43 (1) of the Medical Practitioners Act 2007 ;
“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;
“impairment test regulations” means regulations made under section 11 (3);
“impairment tests” means tests prescribed under impairment test regulations;
“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;
“nurse” means a person registered in the register of nurses established under section 27 of the Nurses Act 1985 ;
“specified person” means a person who at the time of an alleged offence under section 4 or 5 —
(a) is the holder of a learner permit,
(b) holds his or her first driving licence, for a period not exceeding 2 years from its date of issue,
(c) is the holder of a driving licence licensing the holder to drive a vehicle in the category C, C1, D, D1, EB, EC, EC1, ED, ED1 and W while driving, attempting to drive or being in charge of such a vehicle,
(d) is the holder of a licence to drive a small public service vehicle granted under section 34 of the Taxi Regulation Act 2003 or section 82 of the Principal Act or a person purporting to be such a holder while driving, attempting to drive or being in charge of such a vehicle, when the vehicle is being used in the course of business,
(e) does not hold, at the time or, at any time within the period of 5 years prior to the commission, of the alleged offence a driving licence for the time being having effect and licensing the person to drive a vehicle of the category concerned, or
(f) is deemed under section 8 to be a specified person.
(2) Where a person holds a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in subsection (1) it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence a vehicle of the category concerned or a small public service vehicle being used in the course of business.
num: 4
paragraphs: — (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of—
(a) 50 milligrammes of alcohol per 100 millilitres of blood, or
(b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood.
(3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her urine will exceed a concentration of—
(a) 67 milligrammes of alcohol per 100 millilitres of urine, or
(b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine.
(4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her breath will exceed a concentration of—
(a) 22 microgrammes of alcohol per 100 millilitres of breath, or
(b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath.
(5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(6) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5 .
(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
(8) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
num: 5
paragraphs: — (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
(2) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her blood will exceed a concentration of—
(a) 50 milligrammes of alcohol per 100 millilitres of blood, or
(b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood.
(3) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her urine will exceed a concentration of—
(a) 67 milligrammes of alcohol per 100 millilitres of urine, or
(b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine.
(4) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her breath will exceed a concentration of—
(a) 22 microgrammes of alcohol per 100 millilitres of breath, or
(b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(6) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 4 .
(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
(8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he or she shows the contrary.
(9) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.
(10) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
num: 6
paragraphs: — (1) A person shall not, in a public place—
(a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or
(b) drive or attempt to drive a pedal cycle,
while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle.
(2) A person who contravenes subsection (1) commits an offence and—
(a) if the offence relates to an animal-drawn vehicle, he or she is liable on summary conviction—
(i) in the case of a first offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month or to both, and
(ii) in the case of a second or subsequent offence, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both,
or
(b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000.
(3) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.
(4) Where a member of the Garda SÃ­ochÃ¡na is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.
num: 7
paragraphs: — A member of the Garda SÃ­ochÃ¡na for the purpose of—
(a) making a requirement of a person under section 9 (1) or 10 (4), or
(b) arresting a person under section 4 (8), 5 (10) or 6 (4),
may enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not the dwelling) where the person is or where the member, with reasonable cause, suspects him or her to be.
num: 8
paragraphs: — (1) Where a person who is in charge of a mechanically propelled vehicle is required by a member of the Garda SÃ­ochÃ¡na under section 9 or 10 to provide a specimen of his or her breath and the person is unable to produce and present, at the demand of the member under section 40 of the Principal Act, to the member a driving licence held by the person, the person is deemed to be a specified person for the purposes of section 4 or 5 , as the case may be, where an apparatus for indicating the presence of alcohol in the breath indicates the presence of more than 9 microgrammes of alcohol per 100 millilitres of breath present in the body of the person.
(2) A person referred to in subsection (1) shall be dealt with accordingly under this Part, until such time as the person produces and presents, within 10 days of the requirement, to the member or another member of the Garda SÃ­ochÃ¡na, at a Garda SÃ­ochÃ¡na station nominated by the person, a driving licence held by the person or is able within that period to produce and present evidence that he or she holds a driving licence.
(3) Where a person on foot of a requirement by a member of the Garda SÃ­ochÃ¡na under a provision referred to in subsection (1) to provide a specimen of his or her breath is required under section 40 of the Principal Act to produce in accordance with subsection (2) a driving licence or learner permit or evidence that he or she holds such and the person fails to produce it or produces it but fails to permit the member to whom it is produced to read it and is charged with committing an offence under section 40 of the Principal Act, section 1 (1) of the Probation of Offenders Act 1907 does not apply to the offence.
(4) Where a person is tried for committing an offence under section 4 or 5 for having as a specified person exceeded a concentration of alcohol referred to in the section concerned applicable to a specified person and it is shown to the court that the person at the time of the alleged offence was not a specified person, the court shall—
(a) where the person has produced and presented his or her driving licence to a member of the Garda SÃ­ochÃ¡na under section 40 of the Principal Act at the demand under that section of the member at the time of the alleged offence or produced the licence or evidence of holding such in accordance with subsection (2) or the vehicle concerned was not a vehicle referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1) and has exceeded the corresponding higher concentration of alcohol referred to in the section concerned applicable to a person who is not a specified person, try the person, accordingly, in relation to exceeding that second-mentioned concentration of alcohol and amend the summons in relation to the charge, or
(b) where the person did not so produce and present his or her driving licence or evidence of holding such, try the person accordingly as a specified person in relation to exceeding the concentration of alcohol specified in the summons.
(5) In this section “driving licence” means a driving licence (other than a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1)) having effect and licensing the person to drive the vehicle used on the occasion in question.
num: 9
paragraphs: — (1) Where a member of the Garda SÃ­ochÃ¡na—
(a) is of opinion that a person in charge of a vehicle in a public place—
(i) has consumed intoxicating liquor, the member shall require, or
(ii) (I) is or has, with the vehicle, been involved in a collision, or
(II) is committing or has committed an offence under the Road Traffic Acts 1961 to 2010,
the member may require,
or
(b) attends at the scene of an event which has occurred in a public place in which injury appears or is claimed to have been caused to a person of such nature as to require medical assistance for the person at the scene of the event or for the person to be brought to a hospital for medical assistance and a vehicle was involved in the event, the member shall, subject to subsection (2), require,
the person in charge of the vehicle—
(i) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath in the manner indicated by the member,
(ii) to accompany him or her to a place (including a vehicle) near the scene of the collision and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by the member, or
(iii) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda SÃ­ochÃ¡na until such an apparatus becomes available to him or her (for a period that does not exceed one hour) and to provide, by exhaling into the apparatus, a specimen of his or her breath in the manner indicated by the member.
(2) A member of the Garda SÃ­ochÃ¡na shall not make a requirement of a person under subsection (1)(b) where, in the opinion of the member or on the advice of a doctor or other medical personnel attending the scene of the event, such requirement would be prejudicial to the health of the person as a consequence of the person’s involvement in the event.
(3) A person who refuses or fails to comply immediately with a requirement under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
(5) In a prosecution for an offence under section 4 , 5 or 6 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
num: 10
paragraphs: — (1) In this section—
“authorisation” means an authorisation under subsection (2) to establish a checkpoint;
“checkpoint” means a checkpoint established under an authorisation.
(2) A member of the Garda SÃ­ochÃ¡na, not below the rank of inspector, may, for the purposes of section 4 authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda SÃ­ochÃ¡na may exercise the powers under subsection (4).
(3) An authorisation shall be in writing and shall specify—
(a) the date on which, and the public place in which, the checkpoint is to be established, and
(b) the hours at any time between which it may be operated.
(4) A member of the Garda SÃ­ochÃ¡na, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the powers under section 9 ) conferred on him or her by statute or at common law, may require a person in charge of the vehicle—
(a) to—
(i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, or
(ii) accompany him or her or another member of the Garda SÃ­ochÃ¡na to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide, by exhaling into such an apparatus, a specimen of his or her breath,
or
(b) to—
(i) leave the vehicle at the place where it has been stopped, or
(ii) move it to a place in the vicinity of the checkpoint, and
keep or leave it there until the person has complied with a requirement made of him or her under paragraph (a).
(5) A member of the Garda SÃ­ochÃ¡na for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement.
(6) A person who—
(a) refuses or fails to comply immediately with a requirement under subsection (4)(a) or (b)(i) or such a requirement in a manner indicated by a member of the Garda SÃ­ochÃ¡na under subsection (5), or
(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(b)(ii) or such a requirement in a manner indicated by a member of the Garda SÃ­ochÃ¡na under subsection (5),
commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(7) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
(8) In a prosecution for an offence under section 4 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.
(9) An authorisation or a copy expressing itself to be such authorisation shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it.
num: 11
paragraphs: — (1) A member of the Garda SÃ­ochÃ¡na, for the purposes of forming the opinion that a person in charge of a vehicle in a public place is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle, if he or she considers it would assist him or her to form such opinion, may require the person to perform in the presence of the member or another member such impairment tests, in the manner indicated, in accordance with impairment test regulations, by the member or other member in whose presence the test is to be performed.
(2) A member of the Garda SÃ­ochÃ¡na in forming an opinion under subsection (1), where a test under subsection (1) is performed in the presence of another member, may take into account any advice or opinion given to him or her by the other member.
(3) The Minister may prescribe the form of tests, indicating the manner and type of the tests, for the purposes of subsection (1).
(4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
num: 12
paragraphs: — (1) Where a person is arrested under section 4 (8), 5 (10), 6 (4), 9 (4), 10 (7) or 11 (5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, a member of the Garda SÃ­ochÃ¡na may, at a Garda SÃ­ochÃ¡na station, do either or both of the following—
(a) require the person to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his or her breath and may indicate the manner in which he or she is to comply with the requirement,
(b) require the person either—
(i) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or
(ii) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine,
and if the doctor or nurse states in writing—
(I) that he or she is unwilling, on medical grounds, to take from the person or be provided by him or her with the specimen to which the requirement in either of the foregoing subparagraphs related, or
(II) that the person is unable or unlikely within the period of time referred to in section 4 or 5 , as the case may be, to comply with the requirement,
the member may make a requirement of the person under this paragraph in relation to the specimen other than that to which the first requirement related.
(2) Subject to section 22 , a person who refuses or fails to comply immediately with a requirement under subsection (1)(a) commits an offence.
(3) Subject to section 22 , a person who, following a requirement under subsection (1)(b)—
(a) refuses or fails to comply with the requirement, or
(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,
commits an offence.
(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5) In a prosecution for an offence under this Part it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda SÃ­ochÃ¡na for the purpose of enabling a person to provide 2 specimens of breath under this section is an apparatus for determining the concentration of alcohol in the breath.
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
num: 13
paragraphs: — (1) Where, consequent on a requirement under section 12 (1)(a) of him or her, a person provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen—
(a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and
(b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol,
shall be taken into account for the purposes of sections 4 (4) and 5 (4) and the other specimen shall be disregarded.
(2) Where the apparatus referred to in section 12 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 4 (4) or section 5 (4), he or she shall be supplied immediately by a member of the Garda SÃ­ochÃ¡na with 2 identical statements, automatically produced by that apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in that specimen determined by that apparatus.
(3) On receipt of those statements, the person shall on being requested so to do by the member—
(a) immediately acknowledge such receipt by placing his or her signature on each statement, and
(b) thereupon return either of the statements to the member.
(4) A person who refuses or fails to comply with subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both.
(5) Section 20 (1) applies to a statement under this section as respects which there has been a failure to comply with subsection (3)(a) as it applies to a duly completed statement under this section.
num: 14
paragraphs: — (1) Where, in a public place, an event occurs in relation to a mechanically propelled vehicle in consequence of which a person is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda SÃ­ochÃ¡na is of opinion that, at the time of the event the person was driving or attempting to drive, or in charge of with intent to drive or attempt to drive (but not driving or attempting to drive), the mechanically propelled vehicle, then such member shall, in the hospital, if such a requirement, having consulted with a doctor treating the person, would not be prejudicial to the health of the person as a consequence of the person’s involvement in the event, require the person either—
(a) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or
(b) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine,
and if the doctor or nurse states in writing—
(i) that he or she is unwilling, on medical grounds, to take from the person or be provided by him or her with the specimen to which the requirement in either of the foregoing paragraphs related, or
(ii) that the person is unable or unlikely within the period of time referred to in section 4 or 5 , as the case may be, to comply with the requirement,
the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related.
(2) Subject to section 22 , a person who, following a requirement under subsection (1)—
(a) refuses or fails to comply with the requirement, or
(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,
commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) Notwithstanding subsection (2), it is not an offence for a person to refuse or fail to comply with a requirement under subsection (1) where, following his or her admission to, or attendance at, a hospital, the person comes under the care of a doctor or nurse and the doctor or nurse refuses, on medical grounds, to permit the taking or provision of the specimen concerned.
(4) A member of the Garda SÃ­ochÃ¡na may, for the purpose of making a requirement of a person under subsection (1), enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him or her to be.
(5) A designated doctor or designated nurse may, for the purpose of taking from a person a specimen of his or her blood or being provided by a person with a specimen or his or her urine under subsection (1) enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda SÃ­ochÃ¡na that the person is.
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
num: 15
paragraphs: — (1) Where under this Chapter a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse, as the case may be, shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section.
(2) Where a specimen of blood or urine of a person has been divided into 2 parts under subsection (1), a member of the Garda SÃ­ochÃ¡na shall offer to the person one of the sealed containers and inform the person that he or she may retain either of the containers.
(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda SÃ­ochÃ¡na shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.
(4) In a prosecution for an offence under this Chapter or under section 4 or 5 , it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.
num: 16
paragraphs: — (1) Where a person is at a Garda SÃ­ochÃ¡na station having been arrested under section 4 (8), 5 (10), 6 (4), 9 (4), 10 (7) or 11 (5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, he or she may, at the Garda SÃ­ochÃ¡na station, if the member of the Garda SÃ­ochÃ¡na for the time being in charge of the station is of opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to the safety of himself or herself or others, be detained in custody for such period (not exceeding 6 hours from the time of his or her arrest or, as the case may be, from the time he or she was required to accompany a member to the station) as the member of the Garda SÃ­ochÃ¡na so in charge considers necessary.
(2) Where a person is detained under subsection (1), the member of the Garda SÃ­ochÃ¡na for the time being in charge of the Garda SÃ­ochÃ¡na station shall—
(a) in case the person detained is or the said member is of opinion that he or she is 18 years of age or more, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention, unless the person so detained does not wish any person to be so informed, and
(b) in case the person detained is or the said member is of opinion that he or she is under the age of 18 years, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention.
(3) A person detained under subsection (1) shall—
(a) in case he or she is or the member of the Garda SÃ­ochÃ¡na for the time being in charge of the Garda SÃ­ochÃ¡na station is of opinion that he or she is 18 years of age or more, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless—
(i) the latter person is or the member is of opinion that he or she is under the age of 18 years,
(ii) the person so detained does not wish to be released into the custody of the latter person, or
(iii) the member is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he or she is then released into the custody of the latter person, he or she will continue to be a threat to the safety of himself or herself or others,
and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1), and
(b) in case he or she is or the member of the Garda SÃ­ochÃ¡na for the time being in charge of the Garda SÃ­ochÃ¡na station is of opinion that he or she is under the age of 18 years, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless the latter person is or the said member is of opinion that he or she is under the age of 18 years, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1).
num: 17
paragraphs: — (1) As soon as practicable after it has received a specimen forwarded to it under section 15 , the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.
(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.
(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda SÃ­ochÃ¡na station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 15 as the person from whom the specimen was taken or who provided it.
(4) In a prosecution for an offence under this Chapter or under section 4 or 5 , it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.
num: 18
paragraphs: — (1) On the hearing of a charge for an offence under section 4 or 5 it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12 or 14 .
(2) Where, on the hearing of a charge for an offence under section 4 or 5 evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12 or 14 , he or she had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—
(a) that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,
(b) that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or
(c) that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statement under section 13 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of section 4 or 5 , as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.
(3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) with the intention of frustrating a prosecution under section 4 or 5 .
(b) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4) Where, on the hearing of a charge for an offence under section 4 or 5 , the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) was so taken with the intention of frustrating a prosecution under any of those sections, the court may find that he or she has committed an offence under subsection (3).
num: 19
paragraphs: — (1) In any proceedings against a person for an offence under section 4 or 5 , a written statement by a member of the Garda SÃ­ochÃ¡na in respect of either the making of a requirement under section 12 (1) or 14 (1) or carrying out a procedure under those subsections, or both, shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 12 (1) or 14 (1), as the case may be.
(2) The conditions referred to in subsection (1) are—
(a) the statement purports to be signed by the member of the Garda SÃ­ochÃ¡na who made it,
(b) the statement contains a declaration by that member of the Garda SÃ­ochÃ¡na to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and
(c) a copy of the statement is served on the accused.
(3) A copy of a statement required by this section to be served on a person may, be served—
(a) by delivering it to him or her,
(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or
(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.
num: 20
paragraphs: — (1) A duly completed statement purporting to have been supplied under section 13 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda SÃ­ochÃ¡na concerned with the requirements imposed on him or her by or under Chapter 4 prior to and in connection with the supply by him or her under section 13 of such statement.
(2) A duly completed form under section 15 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her by or under Chapter 4.
(3) A certificate expressed to have been issued under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under Chapter 4.
(4) In a prosecution for an offence under section 4 , 5 , 12 or 14 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse—
(a) a person who by virtue of powers conferred on him or her by Chapter 4 took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine,
(b) a person for whom, following a requirement under section 12 (1) or 14 (1) to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen,
(c) a person for whom, following a requirement under section 12 (1) or 14 (1) to provide for him or her of a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen.
(5) Where, under section 12 or 14 , a designated doctor or designated nurse states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor shall, in any proceedings under the Road Traffic Acts 1961 to 2010, be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.
num: 21
paragraphs: — (1) Where a person is convicted of an offence under section 4 , 5 , 12 or 14 , committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.
(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.
num: 22
paragraphs: — (1) In a prosecution of a person for an offence under section 12 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.
(2) In a prosecution of a person for an offence under section 12 or 14 for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.
(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 4 or 5 that the defendant refused or failed to comply with a requirement to provide 2 specimens of his or her breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his or her blood or to comply with a requirement of a designated doctor in relation to the taking of a specimen of blood, as the case may be.
(4) In a prosecution for an offence under section 11 (4) for refusing or failing to perform a test, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the provision concerned in relation to the performance of a test.
(5) Notwithstanding subsection (4), evidence may be given at the hearing of a charge of an offence under section 4 , 5 or 6 of the Road Traffic Act 2010 that the defendant failed to comply with a requirement to perform a test.
num: 23
paragraphs: — It is not a defence for a person charged with an offence under section 4 (1), 5 (1) or 6 (1) to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under this Part has not been carried out or that he or she has not been required under section 9 or 10 to provide a specimen of his or her breath.
num: 24
paragraphs: — (1) Where a person is arrested under a provision referred to in section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006 ) of the Act of 1994 or section 12 (1) of this Part or is admitted to hospital in the circumstances referred to in section 15(1) of the Act of 1994 or section 14 (1) of this Part, a member of the Garda SÃ­ochÃ¡na, at a Garda SÃ­ochÃ¡na station or the hospital, as the case may be, may require the person to undergo a medical examination carried out by a designated doctor or designated nurse for the purpose of obtaining evidence that the person was, at the time of being arrested or the event, as the case may be, under the influence of an intoxicant as to be incapable of having proper control of a vehicle.
(2) A person who refuses or fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) Where a designated doctor or designated nurse carries out medical examination of a person for the purposes of subsection (1), he or she shall make a written statement of the results of the examination.
(4) A requirement under subsection (1) of a person admitted to hospital in the circumstances referred to in that subsection shall not be made unless a doctor treating the person has been consulted and it would not be prejudicial to the health of the person to make the requirement.
num: 25
paragraphs: — (1) In any proceedings against a person for an offence under section 24 (2), a written statement by a member of the Garda SÃ­ochÃ¡na in respect of the making of a requirement under section 24 (1) or carrying out an examination under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 24 (1).
(2) The conditions referred to in subsection (1) are—
(a) the statement purports to be signed by the member of the Garda SÃ­ochÃ¡na who made it,
(b) the statement contains a declaration by that member of the Garda SÃ­ochÃ¡na to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and
(c) a copy of the statement is served on the accused.
(3) A copy of a statement required by this section to be served on a person may, be served—
(a) by delivering it to him or her,
(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or
(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.
(4) A duly completed statement purporting to have been made under section 24 (3) shall, until the contrary is shown, be sufficient evidence under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her under section 24 (1).
(5) In a prosecution for an offence under section 24 (2) it shall be presumed until the contrary is shown that the person—
(a) who carried out a medical examination of a person under section 24 (1), or
(b) for whom, following a requirement under section 24 (1) there was a refusal or failure to undergo a medical examination,
is a designated doctor or designated nurse.
(6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.
num: 26
paragraphs: — (1) The Bureau shall perform the functions assigned to it by or under this Part.
(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall arrange for—
(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under section 15 , and the issue of reports on such analyses,
(b) the determination, in respect of such specimens, of the concentration of alcohol in the blood or urine and of the presence (if any) of a drug or drugs in the blood or urine,
(c) the issue of certificates required under Chapter 4 , to be issued by the Bureau,
(d) the provision of equipment for the taking of such specimens,
(e) the approval of—
(i) apparatus for indicating the presence of alcohol, and
(ii) apparatus for determining the concentration of alcohol,
in the breath.
(3) The Bureau may, from time to time, arrange for research into—
(a) the physical and mental fitness of drivers of vehicles,
(b) the medical aspects of road safety,
(c) the effects of the consumption of intoxicating liquor or the taking of drugs on drivers of vehicles and the methods of measuring such effects, and
(d) the methods of determining the extent to which alcohol or drugs is or are present in a person’s body.
(4) The Bureau may—
(a) arrange for the supply and testing of—
(i) apparatus for indicating the presence of alcohol, and
(ii) apparatus for determining the concentration of alcohol,
in the breath, and
(b) give such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research referred to in subsection (3).
(5) The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003 ) by inserting after paragraph (ba) (inserted by section 112 of the Company Law Enforcement Act 2001 ) the following:
“(bb) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety),”.
num: 27
paragraphs: — No action or other legal proceedings lie (except in the case of wilful neglect or default) against the Director or any member, officer or employee of the Bureau by reason of, or arising out of, the carrying out of any analysis or determination under section 13 or 17 or this Chapter.
num: 28
paragraphs: — The following is substituted for section 39(2) (inserted by section 7 of the Act of 1994) of the Act of 1968:
“(2) The Director shall, subject to this Part and the establishment order, manage the day-to-day business of the Bureau and exercise general supervision in relation to the performance by it of the functions assigned to it by or under this Act or Part 2 of the Road Traffic Act 2010.”.
num: 29
paragraphs: — (1) Where a person, who is not a specified person, is alleged to have committed an offence under section 4 (2), (3) or (4) or section 5 (2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17 —
(a) did not exceed—
(i) 80 milligrammes of alcohol per 100 millilitres of blood,
(ii) 107 milligrammes of alcohol per 100 millilitres of urine,
(iii) 35 microgrammes of alcohol per 100 millilitres of breath,
or
(b) exceeded—
(i) 80 milligrammes but did not exceed 100 milligrammes of alcohol per 100 millilitres of blood,
(ii) 107 milligrammes but did not exceed 135 milligrammes of alcohol per 100 millilitres of urine, or
(iii) 35 microgrammes but did not exceed 44 microgrammes of alcohol per 100 millilitres of breath,
he or she shall, subject to subsections (4) and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section and the penalty points specified in subsection (8)(a)(i) or disqualification specified in subsection (8)(a)(ii) for the person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her.
(2) Where a specified person is alleged to have committed an offence under section 4 (2), (3) or (4) or section 5 (2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17 did not exceed—
(a) 80 milligrammes of alcohol per 100 millilitres of blood,
(b) 107 milligrammes of alcohol per 100 millilitres of urine, or
(c) 35 microgrammes of alcohol per 100 millilitres of breath,
he or she shall, subject to subsections (4) and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section and disqualification specified in subsection (8)(b) for the specified person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her.
(3) Where a fixed penalty notice is being served on a person under this section it may be served—
(a) in the case of personal service, by—
(i) delivering it to the person, or
(ii) leaving it at the address—
(I) at which the person ordinarily resides,
(II) which, at the time of the alleged offence, the person gave to a member of the Garda SÃ­ochÃ¡na, or
(III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence,
or
(b) in the case of postal service, by posting it to the address—
(i) at which the person ordinarily resides,
(ii) which, at the time of the alleged offence, the person gave to a member of the Garda SÃ­ochÃ¡na, or
(iii) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence.
(4) A person is not eligible to be served with a fixed penalty notice if he or she does not hold a driving licence for the time being in force or is disqualified for holding a driving licence, at the time of the commission of the alleged offence.
(5) A person who has been served with a fixed penalty notice and has paid the fixed charge, is not eligible to be served with another fixed penalty notice within the period of 3 years from the appropriate date relating to the endorsement of penalty points on the entry relating to the person or the date of commencement of the disqualification, whichever is applicable, following payment of the fixed charge in accordance with the notice.
(6) Penalty points so endorsed on the entry relating to a person (who is not a specified person) shall, in accordance with section 4 of the Act of 2002, remain on the entry for a period of 3 years beginning on the appropriate date.
(7) The fixed charge is—
(a) in the case of a concentration of alcohol referred to in subsection (1)(a) or subsection (2) — €200, or
(b) in the case of a concentration of alcohol referred to in subsection (1)(b) — €400,
or such other amount that, for the time being, stands prescribed in lieu of either of those amounts.
(8) Where—
(a) a person, who is eligible under subsection (1) to be served with a fixed penalty notice, pays the fixed charge and payment is made in accordance with this section and the concentration of alcohol purported to be present in his or her body as stated or certified in accordance with Part 2 —
(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 3 penalty points shall be endorsed on the entry relating to the person, or
(ii) did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to in subsection (14),
or
(b) a specified person, who is eligible under subsection (2) to be served with a fixed penalty notice, pays the fixed charge and payment is made in accordance with this section, he or she shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to in subsection (14).
(9) Where a member of the Garda SÃ­ochÃ¡na alleges that a person has committed an offence referred to in subsection (1) or (2) and the person under this section is eligible to be served with a fixed penalty notice, the member shall serve or cause to be served in the manner referred to in section 35 , personally or by post, on that person a fixed penalty notice.
(10) A fixed penalty notice—
(a) shall be in the prescribed form,
(b) shall contain details of the manner of payment of a fixed charge, and
(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.
(11) A fixed penalty notice shall contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed the offence specified in the notice,
(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with Chapter 2,
(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed penalty notice,
(d) the person may, if he or she is eligible under this section to be served with a fixed penalty notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda SÃ­ochÃ¡na at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,
(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person (not being a specified person) shall, as the case may be, have 3 penalty points endorsed on the entry relating to the person in the circumstances referred to in subsection (8)(a)(i) or be disqualified for holding a driving licence for the appropriate period in the circumstances referred to in subsection (8)(a)(ii) or (8)(b), and
(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all.
(12) A person who is ineligible under subsection (4) or (5) to pay the fixed charge, and who knows or should in the circumstances have reasonably known that he or she is so ineligible, who pays or attempts to pay the charge commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 1 month or to both.
(13) (a) Where the fixed charge is paid in accordance with this section, a receipt for it shall be issued by the Garda SÃ­ochÃ¡na to the person who has paid the charge.
(b) Subject to paragraph (c), the payment of the fixed charge received by the Garda SÃ­ochÃ¡na in accordance with this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and shall not be recoverable by the person who made it.
(c) Where a person who is ineligible under subsection (4) or (5) to pay the fixed charge pays the charge, the Garda SÃ­ochÃ¡na may return the payment to the person.
(14) Where a payment is received under subsection (13), the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and thereupon the Minister shall cause the number of penalty points or period of the disqualification referred to in subsection (8), as the case may be, to be endorsed on the entry in the licence record relating to the person.
(15) Where an endorsement which is a disqualification is made under subsection (14), the Minister shall cause a notice to be issued to the person concerned informing him or her that the date for the commencement of the period of the disqualification is 14 days after the date of that notice or where penalty points are to be endorsed, that 3 points have been endorsed on the entry relating to the person and will remain, subject to section 3(2) of the Act of 2002, on the entry for a period of 3 years beginning on the appropriate date.
(16) A notice issued under subsection (15) relating to a disqualification shall direct the person concerned to submit the driving licence held by him or her to—
(a) the licensing authority that granted the licence, in the case of an Irish driving licence, or
(b) to such place as specified in the notice, in the case of a foreign driving licence,
within 14 days of the date of the notice.
(17) A person who does not comply with a direction under subsection (16) commits an offence and is liable on summary conviction to a fine not exceeding €2,000.
(18) In a prosecution of an offence referred to in subsection (1) or (2) it shall be presumed until the contrary is shown that—
(a) the relevant fixed penalty notice has been served or caused to be served, and
(b) a payment under the relevant fixed penalty notice, accompanied by the notice, duly completed, has not been made.
(19) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of any of the functions of a member of the Garda SÃ­ochÃ¡na relating to the issuing of a fixed penalty notice, the receipt of such notice, the acceptance of a payment or the issuing of a receipt for such payment, as are set out in this section or of the function of the Commissioner in respect of the issue of a notice under subsection (9).
(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies.
(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under paragraph (a).
(20) In this section, reference to a fixed penalty notice, duly completed, is reference to such a notice on which the number, the date of the grant, and the period of validity, of the driving licence of the person to whom the notice relates, as required in the notice, have been inserted by or on behalf of the person.
(21) In this section “driving licence” includes a learner permit.
num: 30
paragraphs: — (1) In any proceedings against a person for an offence under section 49 or 50 of the Principal Act, a written statement by a member of the Garda SÃ­ochÃ¡na in respect of the making of a requirement under section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006 ) of the Act of 1994 or carrying out a procedure under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be admissible in evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 13(1) of the Act of 1994.
(2) The conditions referred to in subsection (1) are—
(a) the statement purports to be signed by the member of the Garda SÃ­ochÃ¡na who made it,
(b) the statement contains a declaration by that member of the Garda SÃ­ochÃ¡na to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and
(c) a copy of the statement is served on the accused.
(3) A copy of a statement required by this section to be served on a person may be served—
(a) by delivering it to him or her,
(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or
(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.
num: 31
paragraphs: — Section 39(2) of the Act of 1994 is amended by inserting “making a requirement of the person under section 12(2) (inserted by the Road Traffic Act 2003 ) of the Principal Act, section 4 (4) of the Road Traffic Act 2006 or” after “for the purpose of”.
num: 32
paragraphs: — (1) Section 5 of the Act of 2006 is amended by substituting—
(a) for subsections (2) and (3) the following:
“(2) A person is not eligible to be served with a fixed penalty notice if he or she does not hold a driving licence for the time being in force or is disqualified for holding a driving licence, at the time of the commission of the alleged offence.
(3) A person who has been served with a fixed disqualification notice and has paid the fixed charge is not eligible to be served with another such notice within the period of 3 years from the date of commencement of the disqualification following payment of the fixed charge in accordance with the notice.”,
and
(b) for subsection (7) the following:
“(7) A fixed disqualification notice—
(a) shall be in the prescribed form,
(b) shall contain details of the manner of payment of a fixed charge, and
(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.
(7A) A fixed disqualification notice shall contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed the offence specified in the notice,
(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with Part 3 of the Act of 1994,
(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed disqualification notice,
(d) the person may, if he or she is eligible under this section to be served with a fixed disqualification notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda SÃ­ochÃ¡na at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,
(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person shall be disqualified for holding a driving licence for the period referred to in subsection (5), and
(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all.”.
(2) Section 5 of the Act of 2006 and this section stand repealed on the commencement of section 29 .
(3) The repeal of section 5 of the Act of 2006 by subsection (2) does not effect the service under that section of a fixed disqualification notice on a person after its repeal.
num: 33
paragraphs: — The following are repealed:
(a) sections 49, 50 and 51 of the Principal Act,
(b) sections 38, 42 and 48 of the Act of 1968,
(c) Parts II (sections 5 to 8) and III (sections 9 to 24) of the Act of 1994,
(d) subsections (2), (3) and (4) of section 39 of the Act of 1994,
(e) the Road Traffic Act 2003 ,
(f) section 4 of the Act of 2006,
(g) section 1 of the Road Traffic and Transport Act 2006 , and
(h) the matter at reference numbers 9 and 10 of Part 1 of the Table to the Act of 2006.
num: 34
paragraphs: — This Part applies to—
(a) such summary offences under the Road Traffic Acts 1961 to 2010, and the Roads Acts 1993 to 2007, as may be declared by the Minister by regulations, made after consultation with the Minister for Justice and Law Reform, to be fixed charge offences,
(b) such offences under—
(i) the Road Transport Act 1933 (including any Act construed as one with it) which may not be tried on indictment, or
(ii) any regulation made under the European Communities Act 1972 providing for the carriage of merchandise by road or the carriage of passengers by road or the harmonisation of certain legislation relating to road transport,
(c) an offence under section 34 or 39 of the Taxi Regulation Act 2003 in respect of such contraventions of regulations made under those sections, as may be declared by the Minister by regulations to be fixed charge offences,
(d) an offence under Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ),
(e) an offence under Regulation 5, 6, 7, 8 or 9 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006 ), and
(f) an offence under—
(i) section 73 of the Finance Act 1976 , and
(ii) section 139 of the Finance Act 1992 ,
and an offence standing so declared under paragraph (a) or (b) and each of the offences referred to in paragraphs (c), (d), (e) and (f) are referred to in this Part as a fixed charge offence.
num: 35
paragraphs: — (1) Where a member of the Garda SÃ­ochÃ¡na has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—
(a) if the member identifies the person, the member may serve, or cause to be served, personally or by post, on the person a fixed charge notice, or
(b) if the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, the member may serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.
(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.
(3) Where a fixed charge notice is being served on a person identified under subsection (1) (a) or on a registered owner where the person is not identified under subsection (1) (b), it may be served—
(a) in the case of personal service—
(i) where the person is identified, by—
(I) delivering it to the person, or
(II) leaving it at the address—
(A) at which the person ordinarily resides,
(B) which, at the time of the alleged offence, the person gave to the member referred to in subsection (1), or
(C) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence,
or
(ii) where the person is not identified, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence,
or
(b) in the case of postal service—
(i) where the person is identified, by posting it to the address (inside or outside the State)—
(I) at which the person ordinarily resides,
(II) which, at the time of the alleged offence, the person gave to the member referred to in subsection (2), or
(III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence,
or
(ii) where the person is not identified, by posting it to the address at which the vehicle is registered at the time of the alleged offence.
(4) In a case referred to in subsection (1), if the offence concerned is not a penalty point offence—
(a) the references in that subsection to a member of the Garda SÃ­ochÃ¡na shall be construed as including references to a traffic warden, and
(b) paragraph (b) of that subsection shall be read as if “or shall affix such a notice to the vehicle” were inserted after “fixed charge notice”.
(5) In a case referred to in subsection (1), if the offence is an offence referred to in section 34 (b), the references in subsection (1) (other than paragraph (b)) to a member of the Garda SÃ­ochÃ¡na are to be read as including references, as the case may be, to—
(a) a transport officer (within the meaning of section 15 of the Road Transport Act 1986 ), or
(b) an authorised person appointed under section 49 of the Taxi Regulation Act 2003 .
(6) Where—
(a) a fixed charge notice is served on the registered owner of a mechanically propelled vehicle or affixed to such a vehicle, and
(b) the registered owner of the vehicle was not driving or otherwise using the vehicle, at the time of the commission of the alleged offence to which the notice relates,
the registered owner shall—
(i) not later than 28 days after the date of the notice, give or send to a member of the Garda SÃ­ochÃ¡na or a traffic warden at the Garda SÃ­ochÃ¡na station or other place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and
(ii) give or send to a member of the Garda SÃ­ochÃ¡na or a traffic warden within such period as may be specified by the member or warden at the Garda SÃ­ochÃ¡na station or other place specified in the notice such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i).
(7) Where a registered owner is giving or sending in accordance with subsection (6)(b)(i) the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. In a prosecution for an offence under section 40 (2) in the absence of such proof it shall be presumed, until the contrary is shown, that no such name or address was so given or sent.
(8) For the purposes of subsection (6)(b) where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the owner.
(9) The Commissioner shall, not later than 28 days after a document referred to in subsection (6) containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a member of the Garda SÃ­ochÃ¡na or a traffic warden, cause a notice under this section to be served, personally or by post, on the person.
num: 36
paragraphs: — (1) A fixed charge notice—
(a) shall be in the prescribed form,
(b) shall contain details of the manner of payment of a fixed charge,
(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed,
(d) if it relates to a penalty point offence, shall require such details of the driving licence or learner permit held by the person on whom it is served as specified in the notice, and
(e) if it relates to a penalty point offence, shall contain a statement to the effect that, if the person on whom it is served makes a payment specified in paragraph (b) or (c) of subsection (2) or, as the case may be, subsection (3) in accordance with those provisions or is convicted of that offence, different specified numbers of penalty points (within that meaning) will be endorsed on the entry (within that meaning) of the person.
(2) If a notice is served under section 35 (1)(a) or (9), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed an offence specified in the notice,
(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice,
(c) if the person does not make the payment specified in paragraph (b) of this subsection, during the period of 28 days beginning on the expiration of that period, the person may make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), and
(d) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice or, if a payment so specified in accordance with the notice is made during the appropriate period so specified in relation to the payment, at all.
(3) If a notice is served or affixed to a mechanically propelled vehicle under section 35 (1) (b), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—
(a) an offence specified in the notice is alleged to have been committed,
(b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount,
(c) if the person does not make the payment specified in paragraph (b) during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b),
(d) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by section 35 (6)—
(i) not later than 28 days after the date of the notice, to give or send to a member of the Garda SÃ­ochÃ¡na or a traffic warden at a specified Garda SÃ­ochÃ¡na station or at another specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and
(ii) to give or send to a member of the Garda SÃ­ochÃ¡na or a traffic warden within such period as may be specified by him or her at a specified Garda SÃ­ochÃ¡na station or another specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i),
(e) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice under paragraphs (b) and (c) or, if a payment specified in the notice is made in accordance with the notice, during the appropriate period so specified in relation to the payment, at all,
(f) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with section 35 (6),
(g) if the registered owner complies with section 35 (6), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated, and
(h) subject to paragraph (f), failure to comply with section 35 (6) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.
(4) If a notice is served under section 44 (1) it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed an offence specified in the summons served with the notice,
(b) the person may, not later than 7 days before the date specified in the summons on which the charge is to be heard by the court, make a payment of a fixed charge of an amount stated in the notice served with the summons in the manner as specified in the notice,
(c) if the person pays the fixed charge no proceedings in respect of the alleged offence will be continued and the person need not attend the court on the day specified in the summons.
num: 37
paragraphs: — (1) Where a notice is served or affixed under section 35 (1) or served under section 35 (9)—
(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice,
(b) the payment—
(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and
(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Finance directs,
and shall not be recoverable by the person who made it,
(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the period specified in the notice or, if a payment so specified is made during the period so specified in accordance with the notice, in relation to the payment, at all,
(d) in case the notice is served or affixed under section 35 (1)(b) and a payment aforesaid in accordance with the notice is so made, the registered owner need not comply with section 35 (6), and
(e) if the registered owner complies with section 35 (6), the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of that alleged offence shall not be initiated.
(2) The payment of a fixed charge shall not be accepted after the expiration of the period in respect of payment of the fixed charge as specified in the fixed charge notice beginning on the date that the notice was served or affixed under section 35 (1) or served under section 35 (9), as the case may be.
num: 38
paragraphs: — (1) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that—
(a) the relevant fixed charge notice—
(i) if being served personally or affixed to a vehicle, has been so served or affixed, or
(ii) if being served by post, has been so served where there is proof of posting or delivery of the notice,
and
(b) that a payment under the relevant fixed charge notice, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.
(2) In any proceedings in respect of a fixed charge offence a document purporting to be a certificate or receipt of posting or delivery issued by An Post or another postal service is admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed charge notice, until the contrary is shown.
(3) Where, in a case to which section 35 (1)(b) applies, the registered owner of the mechanically propelled vehicle concerned does not give or send in accordance with section 35 (6) the information specified in paragraph (b) of that subsection, then—
(a) in a prosecution of that owner for the alleged offence, which is not a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence, or
(b) in a prosecution of that owner or another person for the alleged offence, which is a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that—
(i) where the registered owner is an individual, he or she was driving or otherwise using the vehicle, or
(ii) where the registered owner is a body corporate or unincorporated body of persons or has hired out under a hire-drive agreement or leased the vehicle—
(I) the person permitted under an approved policy of insurance or under an agreement, as the case may be, to drive the vehicle was driving or otherwise using the vehicle, or
(II) in the event of being unable to ascertain the identity of that person, the registered owner is deemed to have been driving or otherwise using the vehicle,
at the time of the commission of the alleged offence.
(4) A member of the Garda SÃ­ochÃ¡na may for the purposes of subsection (3) (b) request information or cause to be requested by notice served or caused to be served in the manner specified in section 35 (3) (including the production for inspection to the member of an approved policy of insurance or an agreement to drive the vehicle, relating to the vehicle concerned) from the registered owner of the vehicle concerned and if the registered owner fails, not later than 28 days after the date of the notice, to give the information or gives information which is false or misleading, the registered owner commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
num: 39
paragraphs: — (1) The Minister may make regulations requiring information to be given to the Minister, a licensing authority or a member of the Garda SÃ­ochÃ¡na for the purposes of section 38 (3) and generally ascertaining the names and addresses of persons permitted under approved policies of insurance or agreements or otherwise to drive mechanically propelled vehicles.
(2) A person who fails to give information in accordance with regulations made under subsection (1) when requested to do so commits an offence and is liable on summary conviction to a fine not exceeding €5,000.
num: 40
paragraphs: — (1) A notice which is affixed to a mechanically propelled vehicle under section 35 (1) shall not be removed or interfered with except by a person to whom the notice applies.
(2) A person who contravenes section 35 (6) (subject to section 37 (1)(e)) or subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.
(3) It shall be a defence for a person charged with an offence under subsection (2) consisting of a contravention of section 35 (6) for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information.
(4) In a prosecution for an offence under subsection (2) consisting of a contravention of section 35 (6), it shall be presumed, until the contrary is shown, that the accused person was served with the fixed charge notice in accordance with section 35 (1)(b) to which the offence relates.
(5) In a prosecution of a person for—
(a) the alleged offence to which a fixed charge notice, served on the registered owner of a mechanically propelled vehicle, relates, or
(b) an offence under subsection (6),
a document, purporting to be a document under section 35 (6) stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence referred to in paragraph (a) and to be signed by that registered owner, given or sent under paragraph (b) of that subsection by that owner to a member of the Garda SÃ­ochÃ¡na or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a), shall be admissible as evidence, until the contrary is shown, of the facts stated in it.
(6) A person who, under section 35 (6), gives or sends to a member of the Garda SÃ­ochÃ¡na or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction to a fine not exceeding €2,000.
(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under subsection (2) consisting of a contravention of section 35 (6) or an offence under section 38 (4) may be brought at any time within 2 years from the date on which the offence was committed.
num: 41
paragraphs: — Regulations may be made by the Minister prescribing the amount of a fixed charge and may prescribe different amounts in relation to—
(a) different fixed charge offences,
(b) fixed charge offences involving different classes of vehicles, or
(c) fixed charge offences committed in different areas.
num: 42
paragraphs: — (1) (a) The Minister may authorise in writing such and so many persons as he or she may determine to perform the functions conferred on traffic wardens by this Part. A person so authorised shall, when performing any such function, if so requested, produce to the person who made the request the authorisation of the Minister under this section or a copy of it.
(b) The number of persons standing authorised under this subsection and their remuneration and other conditions of service shall be such as may be determined by the Minister with the consent of the Minister for Finance.
(c) Neither the Civil Service Commissioners Act 1956 nor the Civil Service Regulation Act 1956 apply to the position of traffic warden.
(d) In this subsection, “Minister” means Minister for Justice and Law Reform.
(2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed a fixed charge offence, the traffic warden may request of the person his or her name and address and, if the person does not comply with the request or gives a name or address that is false or misleading, he or she commits an offence.
num: 43
paragraphs: — (1) The Minister for Justice and Law Reform may, by an agreement in writing entered into with a person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of—
(a) the function of the Commissioner in respect of the serving of a document under section 35 (9), or
(b) any of the functions of a member of the Garda SÃ­ochÃ¡na or a traffic warden under this Part other than the functions specified in section 35 (1).
(2) An agreement referred to in paragraph (a) of subsection (1) may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies.
(3) Section 14 (2), (3) and (4) of the Road Traffic Act 2002 apply to any agreement entered into by the Minister for Justice and Law Reform under subsection (1)(a).
num: 44
paragraphs: — (1) A person who is served with a summons in respect of a fixed charge offence may pay a fixed charge of an amount as stated in the fixed charge notice served with the summons on the person in respect of the fixed charge offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the fixed charge in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.
(2) A fixed charge notice served under subsection (1) may be served by the Courts Service.
(3) The fixed charge amount stated in the notice served with a summons on the person under subsection (1) shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 35 , in respect of the fixed charge offence.
(4) A payment under subsection (1)—
(a) may be received only within the period referred to in subsection (1) and in accordance with the fixed charge notice, and
(b) is not recoverable by the persons paying it.
(5) The person receiving a payment under subsection (1) may issue a receipt for it.
(6) Any sums received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.
(7) Where a person is served with a summons in respect of a fixed charge offence, evidence given by the person that he or she was not served with a fixed charge notice in accordance with section 35 in respect of the alleged offence is not a defence to the alleged offence.
(8) In this section “summons” means a summons issued under—
(a) section 10 of the Petty Sessions (Ireland) Act 1851 , or
(b) the Courts (No. 3) Act 1986 .
num: 45
paragraphs: — Where an offence under section 38 , 39 or 40 (2) (in respect of contravention of section 37 (1)(e) of this Act) or section 3(7)(h) (inserted by section 23(c) of the Act of 2004) of the Act of 1975 is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any wilful neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of any committee of management or other controlling authority) of such body, such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.
num: 46
paragraphs: — Section 3 (as amended by section 12 of the Act of 2000) of the Local Authorities (Traffic Wardens) Act 1975 is amended by substituting for subsection (2) (inserted by section 12 of the Act of 2002) the following:
“(2) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—
(a) if the warden identifies the person, the warden may serve, or cause to be served, personally or by post, on the person a notice under this section, or
(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle, the warden may—
(i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section, or
(ii) affix such a notice to the vehicle.
(2A) A prosecution in respect of a fixed charge offence shall not be instituted unless a notice under this section in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.”.
num: 47
paragraphs: — (1) In this Part—
“fixed charge” means the amount of a fixed charge prescribed under section 41 ;
“fixed charge offence” means an offence declared under or referred to in section 34 ;
“fixed charge notice” means a notice served under section 35 or 44 (1);
“penalty point offence” has the meaning assigned to it by section 1(1) of the Act of 2002;
“traffic warden” means a person standing authorised under section 42 (1).
(2) In this Part, references to a fixed charge notice under this section, duly completed, are references to such a notice on which the number, the date of the grant, and the period of validity of the driving licence of the person to whom the notice relates have been inserted by or on behalf of the person.
(3) A reference to a notice under section 103 (inserted by section 11 of the Act of 2002) of the Principal Act served on a person after the commencement of section 35 is to be read as a reference to a notice under this Part.
num: 48
paragraphs: — (1) Where a registered owner is giving or sending in accordance with subsection (4)(i) of section 103 (inserted by section 11 of the Act of 2002) of the Principal Act the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. In a prosecution for an offence under subsection (13) of that section in the absence of such proof it shall be presumed, until the contrary is shown, that no such name or address was so given or sent.
(2) For the purposes of subsection (5)(b) of section 103 of the Principal Act where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the owner.
(3) Subsection (4) of section 103 of the Principal Act is amended by substituting for paragraph (b) (inserted by section 18(b) of the Act of 2004) the following:
“(b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates,”.
(4) This section stands repealed on the commencement of section 35 .
num: 49
paragraphs: — The following are repealed:
(a) section 103 of the Principal Act,
(b) section 11 of the Act of 2002,
(c) sections 18, 19 and 20 of the Act of 2004, and
(d) section 14 of the Act of 2006.
num: 50
paragraphs: — (1) This section applies to such offences under—
(a) the Road Traffic Acts 1961 to 2010,
(b) the Road Transport Act 1933 (including any Act construed as one with it),
(c) any regulation made under the European Communities Act 1972 providing for the carriage of merchandise by road or the carriage of passengers by road or the harmonisation of certain legislation relating to road transport, or
(d) any enactment or any instrument made under any enactment relating to the carriage of goods or passengers by road or to any vehicle or class of vehicles engaged in such carriage,
as may be prescribed.
(2) Where—
(a) a member of the Garda SÃ­ochÃ¡na or a transport officer has reasonable grounds for believing that an offence to which this section applies is being or has been committed by a person, and
(b) the person does not give to the member or officer an address in the State at which the member or officer is satisfied that it is likely that it would be possible to find the person whenever necessary to do so in connection with any proceedings in respect of the alleged offence,
then the member or officer may, subject to subsection (3), serve personally on the person a notice (in this section referred to as a “payment deposit notice”) in accordance with this section.
(3) Where a payment deposit notice is served on a person, the person shall—
(a) be informed by the member of the Garda SÃ­ochÃ¡na or the transport officer serving the notice that it is likely that proceedings will be brought against the person in respect of the alleged offence, or
(b) if the offence is a fixed charge offence, be served with a fixed charge notice by the member or officer or informed by the member or officer that it is intended to serve the person with a fixed charge notice.
(4) A person on whom a payment deposit notice has been served under subsection (2) who—
(a) resides outside the State, shall give to the member or officer serving the notice the address outside the State at which he or she resides or which is his or her most usual place of abode, or
(b) in a case where the alleged offence involves the use of a mechanically propelled vehicle by the person in the course of his or her employment, has no habitual residence or place of abode outside the State, shall give to the member or officer serving the notice the address of his or her employer.
(5) A payment deposit notice shall be in the prescribed form.
(6) A payment deposit notice shall—
(a) require the person to pay an amount (in this section referred to as a “payment deposit”) in accordance with the requirements of regulations under subsection (7), and
(b) contain details of those requirements.
(7) The Minister may by regulations provide in relation to a payment deposit for all or any of the following:
(a) the amount to be paid and different amounts may be prescribed in relation to different offences, calculated in respect of an offence as a proportion of the maximum fine that may be imposed in relation to the offence or, if the offence is a fixed charge offence, the amount of the fixed charge or a specified proportion of it;
(b) the timing, method or manner of payment or appropriate arrangements for making payment or matters relating thereto;
(c) whether the payment is to be accompanied by the notice and, if so, the details to be completed on the notice;
(d) options for payment (including the possibility of cash payment where in the circumstances and at the material time another means of payment is not possible) so as not to unduly delay a person, who is willing to pay the payment deposit, on his or her journey;
(e) the issue of a receipt in respect of payment;
(f) applications for refunds of payment deposits, including time limits for such applications;
(g) the refund of payment deposits, in whole or in part;
(h) directions which may be given by a member of the Garda SÃ­ochÃ¡na or a transport officer in connection with matters relating to payment, the arrangements for making payments or the vehicle concerned or any load on it;
(i) any other requirements relating to payment of the payment deposit, as the Minister considers appropriate.
(8) A person who fails or refuses to—
(a) pay a payment deposit in accordance with the requirements of regulations under subsection (7), or
(b) give an address for the purposes of subsection (4),
is liable to have—
(i) a notice (in this section referred to as a “prohibition notice”) served personally on him or her by a member of the Garda SÃ­ochÃ¡na or a transport officer, as may be appropriate, or a nominated person at the request of the member or officer, prohibiting the movement of the vehicle concerned other than in accordance with the directions of any such member or officer, and
(ii) in accordance with regulations under subsection (10)—
(I) affixed to the vehicle an immobilisation device and a notice (referred to in this section as an “immobilisation notice”) stating that the vehicle has been immobilised and shall not be moved, and
(II) the vehicle detained or impounded,
until payment or a satisfactory arrangement for payment is made in accordance with the directions of a member of the Garda SÃ­ochÃ¡na or a transport officer or the address is given, as the case may be.
(9) (a) A prohibition notice and an immobilisation notice shall be in the prescribed form.
(b) The Minister may prescribe such persons or class of persons who may be nominated persons for the purposes of subsection (8).
(10) For the purposes of this section, the Minister may by regulations provide for all or any of the following:
(a) matters relating to the immobilisation, detention and impounding of a vehicle, including the release of the vehicle upon payment of the payment deposit concerned and any release and storage fee and, where the payment deposit remains unpaid, the disposal of the vehicle and any load on it and any fees relating thereto;
(b) satisfactory arrangements for payment, after any deduction for fees referred to in paragraph (a), where appropriate, of the amount obtained from disposal of the vehicle or its load, to the appropriate person;
(c) the recovery of the difference from the appropriate person, if the amount obtained after such disposal is less than the amount due for fees referred to in paragraph (a).
(11) A member of the Garda SÃ­ochÃ¡na or a transport officer may, for the purposes of this section and any regulations made under it, give directions to the driver or person in charge of a vehicle served with a payment deposit notice or a prohibition notice (including directions requiring or permitting the movement of the vehicle to such place as the member or officer may direct).
(12) A person who fails to comply with a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,000.
(13) A person who, without the permission of a member of the Garda SÃ­ochÃ¡na or a transport officer—
(a) drives or attempts to drive a vehicle—
(i) in respect of which a prohibition notice has been served, or
(ii) to which an immobilisation notice has been affixed or which has been immobilised, detained or impounded,
under subsection (8), or
(b) where the vehicle has been immobilised, detained or impounded under subsection (8), interferes with or removes any immobilisation device attached to the vehicle, or removes or attempts to remove the vehicle,
commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both.
(14) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.
(15) Where a person who has paid a payment deposit and has also been served with a fixed charge notice relating to the same alleged offence agrees to make payment of the fixed charge specified in the fixed charge notice, any amount paid by the person in respect of the payment deposit shall be deemed to be payment or part payment, as the case may be, made in respect of the fixed charge. The remainder (if any) shall be returned to the person.
(16) Where, in proceedings for an offence to which this section applies, a person is convicted, any payment deposit he or she has paid shall be applied towards payment of any fine imposed. The remainder (if any) shall be returned to the person in accordance with regulations under subsection (7).
(17) Where, in proceedings for an offence to which this section applies, the person is not convicted any payment deposit he or she has paid shall be returned to the person in accordance with regulations under subsection (7).
(18) Where proceedings are not brought or, if brought, are withdrawn or otherwise discontinued in respect of an offence to which this section applies, any payment deposit paid by the person concerned shall be returned to the person in accordance with regulations under subsection (7).
(19) A transport officer when exercising any power conferred on him or her under this section shall produce his or her warrant of appointment as such under section 15 (1) (inserted by section 117 of the Dublin Transport Authority Act 2008 ) of the Road Transport Act 1986 .
(20) In this section—
“fixed charge”, “fixed charge notice” and “fixed charge offence” have the meanings given to them, respectively, in section 47 ;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Minister;
“transport officer” means a person appointed under section 15 (1) (inserted by section 117 of the Dublin Transport Authority Act 2008 ) of the Road Transport Act 1986 to be a transport officer.
num: 51
paragraphs: — (1) Where, at any stage of proceedings to which this section applies, a person fails, without reasonable excuse, to appear before the court before which the proceedings are for the time being taking place, the court may do any thing or make any order that it would be entitled to do or make had the person so appeared.
(2) Where, by virtue of a person’s failure to appear in proceedings to which this section applies, the person does not enter a plea (whether before the District Court or the trial judge), the trial of the person may proceed as though he or she had entered a plea of not guilty.
(3) This section applies to proceedings for an offence to which section 50 applies brought against a person upon whom—
(a) a payment deposit notice under that section has been served, and
(b) a document in respect of those proceedings has been served—
(i) in accordance with subsection (1) of section 81 of the Act of 2008,
(ii) otherwise than by post, pursuant to a request referred to in subsection (2) of that section, or
(iii) in accordance with an arrangement to which subsection (4) of that section applies.
(4) In this section—
“Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 ;
“document” means a document—
(a) to which subsection (1) of section 80 of the Act of 2008 applies, and
(b) that requires a person to appear as a defendant in proceedings for an offence.
num: 52
paragraphs: — (1) The Minister may make regulations to do anything that appears necessary or expedient for bringing this Part into operation.
(2) Where a provision of this Part requires or authorises the Minister to make regulations, such regulations—
(a) may make different provision for different circumstances or cases, classes or types, and
(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) The Minister may make regulations prescribing any matter or thing which is referred to in this Part as prescribed or to be prescribed.
(4) Regulations under this Part shall be laid before each House of the Oireachtas as soon as may be after they are made and if a resolution annulling the regulations is passed by either House within the next 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly but without prejudice to the validity of anything previously done under the regulations.
num: 53
paragraphs: — (1) Section 1(1) of the Act of 2002 is amended by substituting for the definitions of “entry”, “licence” and “licence record” the following:
“ ‘entry’ in relation to a person, means—
(a) the entry in the licence record relating to the person, or
(b) where—
(i) a licence record relating to the person—
(I) does not exist as he or she is not the holder of an Irish licence, or
(II) exists but is not identified for the purpose of endorsing particular points, or
(ii) the person is the holder of a foreign driving licence,
the entry in such record kept or created in respect of that person under section 1A;
‘Irish licence’ means an Irish driving licence or a learner permit granted under Part III of the Principal Act;
‘licence’ means an Irish licence or a foreign driving licence, as the case may be;
‘licence record’ means the record jointly established and maintained by the Minister and all the licensing authorities under section 60 (2) of the Finance Act 1993 , in relation to Irish licences;”.
(2) The following section is inserted after section 1 of the Act of 2002:
“Records — foreign driving licence holders and unlicensed drivers.
1A.— The Minister may prescribe by regulations the form of record to be kept or created in respect of a person—
(a) who is not the holder of a licence,
(b) where a licence record exists relating to the person but is not identified for the purposes of endorsing particular points, or
(c) who is the holder of a foreign driving licence and who—
(i) makes a payment under section 37 or 44 of the Road Traffic Act 2010 in respect of an alleged penalty point offence referred to in section 2(1)(a), or
(ii) is convicted of a penalty point offence,
for the purposes of endorsing penalty points under section 2 on the entry relating to the holder.”.
(3) Section 2 of the Act of 2002 is amended by—
(a) in subsection (1), substituting “under section 37 or 44 of the Road Traffic Act 2010” for “under section 103 (as inserted by this Act) of the Principal Act”,
(b) substituting for subsection (7) the following:
“(7) Where such an entry is made and subsequent to the making of the entry a pre-existing entry is identified by a licensing authority or by the Minister relating to the same person, any points endorsed on the first mentioned entry shall, during their period of endorsement under section 4, be associated with the pre-existing entry and the person notified accordingly. Any points so associated with an existing entry may, at the discretion of the Minister, have effect from the date recorded in the original entry and where the number of points equals or exceeds 12 that person stands disqualified under section 3 for holding a licence.”,
and
(c) inserting after subsection (9) the following:
“(10) A vehicle insurer with the approval of the Minister may have access to and may inspect and examine endorsements on the entry relating to persons under this section and may take, or be supplied by the Minister with, such copies of entries or extracts from such entries as the vehicle insurer may reasonably require for the purpose of renewing approved policies of insurance, subject to such conditions as the Minister may determine.”.
(4) The following section is substituted for section 6 of the Act of 2002:
“6.— Where, during the period of 3 years for which penalty points stand endorsed on the entry of a person or the period of 6 months for which a person stands disqualified under section 3 for holding a licence, the person becomes disqualified under Part III of the Principal Act or section 9 for holding a licence, no part of the period of the disqualification shall be reckoned as part of the 3 years or part of the period of 6 months, and the date of the ending of the two latter periods shall be determined accordingly.”.
num: 54
paragraphs: — The First Schedule to the Act of 2002 is amended—
(a) in Part 1, by substituting for the matter at reference number 9 the following:
“
9
Offence under section 52 of the Road Traffic Act 1961 , where the contravention involved the use of a mechanically propelled vehicle, tried summarily
Careless driving
3
”,
(b) in Part 2 (as amended by section 16 of the Act of 2006)—
(i) by substituting “reference numbers 4 to 8” for “reference numbers 1 to 8” in paragraph (2), and
(ii) by deleting the matter at reference numbers 1, 2 and 3,
and
(c) by substituting for Part 5 the following:
“PART 5
Contravention of Article 17 of Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 )
In this Part, the reference to Regulation 17 is a reference to Regulation 17 (as amended by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 ( S.I. No. 719 of 2007 )) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ).
Reference Number
Offence
General Description of Offence
Penalty Points on Payment of Fixed Charge
Penalty Points on Conviction
(1)
(2)
(3)
(4)
(5)
1
Offence under section 42 of the Road Traffic Act 1961 consisting of contravention of Regulation 17(6)(iv)
Holder of learner permit when not accompanied by and under supervision of qualified person where so required
1
3
”,
(d) by inserting after Part 8 (inserted by section 16(e) of the Act of 2006) the following:
“PART 9
Contravention of Certain Provisions of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 )
In this Part—
(a) ‘offence’ means an offence under section 11 of the Principal Act,
(b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).
Reference Number
Offence
General Description of Offence
Penalty Points on Payment of Fixed Charge
Penalty Points on Conviction
(1)
(2)
(3)
(4)
(5)
1
Offence consisting of contravention of Regulation 26 or 27
Using a vehicle which exceeds the maximum permissible width
1
3
2
Offence consisting of contravention of Regulation 28, 29, 30 or 31
Using a vehicle which exceeds the maximum permissible length
1
3
3
Offence consisting of contravention of Regulation 55
Using a vehicle with defective or worn tyres
2
4
”.
num: 55
paragraphs: — Section 1 (1) of the Probation of Offenders Act 1907 does not apply to a penalty point offence (within the meaning of section 1(1) of the Act of 2002).
num: 56
paragraphs: — Section 3(1) of the Principal Act is amended by—
(a) substituting for the definition of “driving licence” the following:
“ ‘driving licence’ means—
(a) an Irish driving licence, or
(b) a foreign driving licence;”,
(b) inserting after the definition of “footway” the following:
“ ‘foreign driving licence’ means a licence or permit to drive a mechanically propelled vehicle—
(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 ( S.I. No. 464 of 2008 ) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, or
(b) recognised by an order made under section 23A(1);”,
and
(c) inserting after the definition of “the insured” the following:
“ ‘Irish driving licence’ means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23;”.
num: 57
paragraphs: — (1) The following sections are substituted for sections 21 to 23 of the Principal Act—
“Licensing Authority.
num: 21
paragraphs: — In this Part ‘licensing authority’ means a county council or city council (within the meaning of the Local Government Act 2001 ).
Application for Irish driving licence.
num: 22
paragraphs: — (1) Subject to this Part, a person may apply to a licensing authority for a licence (‘Irish driving licence’) to drive a mechanically propelled vehicle of a specified category.
(2) An application for an Irish driving licence—
(a) shall be made—
(i) to the licensing authority in whose functional area the applicant ordinarily resides, and
(ii) in accordance with the regulations made under section 42(2)(c),
(b) shall be accompanied by—
(i) any certificate of competency or fitness required under regulations under this Act, and
(ii) the fee payable on the taking out of such a licence,
and
(c) shall contain—
(i) a recent photograph of the applicant, and
(ii) the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005 .
(3) Details of an applicant’s personal public service number referred to in subsection (2)(c) may be entered in licence records.
(4) (a) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority concerned, as may be appropriate, with—
(i) such information from the records, and
(ii) such copies of licence records or of such extracts from such records,
as the person may reasonably require.
(b) This subsection applies to—
(i) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and
(ii) such other categories of person and the purpose for such access as may be prescribed.
(5) In this section ‘licence records’ means records maintained under section 60 (as amended by section 86 of the Finance Act 1994 ) of the Finance Act 1993 .
Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.
22A.— (1) Where a person is disqualified by this Act for holding any driving licence or learner permit—
(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or
(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,
for that period or any period the whole or part of which is within that period.
(2) Where a person is disqualified for applying for any Irish driving licence or learner permit—
(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,
(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,
and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.
Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.
22B.— Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.
Grant of Irish driving licence.
num: 23
paragraphs: — (1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them—
(a) that the applicant is disqualified for applying for the licence, or
(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.
(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on—
(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and
(b) in any other case — the day on which the licence is granted.”.
(2) Sections 24 and 25 of the Principal Act are repealed.
(3) Section 34(2)(b) of the Principal Act is amended by substituting “Irish driving licence” for “driving licence”.
num: 58
paragraphs: — The following section is substituted for section 39 of the Principal Act:
“39.— (1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.”.
num: 59
paragraphs: — (1) The following section is substituted for section 40 (inserted by section 25 of the Act of 1994 as amended by section 18 of the Act of 2002 and section 13 of the Act of 2006) of the Principal Act:
“40.— (1) A member of the Garda SÃ­ochÃ¡na may demand of a person—
(a) driving in a public place a mechanically propelled vehicle, or
(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,
the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.
(2) A member of the Garda SÃ­ochÃ¡na may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.
(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.
(4) (a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda SÃ­ochÃ¡na may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda SÃ­ochÃ¡na at a Garda SÃ­ochÃ¡na station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence, he or she commits an offence.
(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda SÃ­ochÃ¡na station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda SÃ­ochÃ¡na station, be evidence, until the contrary is shown, of the facts stated in the certificate.
(c) Where any person is required to produce a driving licence or learner permit at a Garda SÃ­ochÃ¡na station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda SÃ­ochÃ¡na station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.
(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda SÃ­ochÃ¡na to whom it is produced to read the licence or permit, he or she commits an offence.
(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda SÃ­ochÃ¡na to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.
(7) A member of the Garda SÃ­ochÃ¡na may arrest without warrant—
(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or
(b) a person who, when his or her name and address or date of birth is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.
(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.”.
(2) The following are repealed:
(a) section 25 of the Act of 1994,
(b) section 18 of the Act of 2002, and
(c) section 13 of the Act of 2006.
num: 60
paragraphs: — (1) A member of the Garda SÃ­ochÃ¡na may seize a driving licence or learner permit or a document which purports to be a driving licence or learner permit produced to him or her under section 40 of the Principal Act or section 61 of this Act, where the member has reasonable grounds for believing that—
(a) the holder of the licence or permit has been disqualified for holding a driving licence, or
(b) the driving licence or permit has been fraudulently obtained, is forged or altered or purports to be, but is not, a driving licence or permit.
(2) A member of the Garda SÃ­ochÃ¡na who has seized a licence or permit under subsection (1) may make a copy of it and—
(a) in the case of an Irish driving licence or learner permit, return it to the licensing authority concerned,
(b) in the case of a foreign licence, give or send it—
(i) where the holder of the licence is resident in the State, to the licensing authority where the holder is resident, or
(ii) in any other case, to the issuing authority where the licence is seized or, if the member considers it appropriate, to another licensing authority at the request of the holder,
(c) where the licence or permit is as referred to in subsection (1)(b), upon the conclusion of any proceedings have it destroyed.
(3) Where a driving licence or learner permit has been seized from a person under subsection (1), the person, as the case may be, shall not continue to drive a mechanically propelled vehicle or accompany the holder of a learner permit while such holder is driving a mechanically propelled vehicle, in a public place.
(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(5) A member of the Garda SÃ­ochÃ¡na may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under subsection (4).
(6) A member of the Garda SÃ­ochÃ¡na to whom is produced or who seizes under this section a foreign driving licence which is in a language other than English or Irish may detain the licence for such reasonable period required—
(a) to have its contents translated into English or Irish, and
(b) if the member requires it, to have its validity confirmed.
(7) Section 41 (as amended by section 19 of the Act of 2006) of the Act of 1994 is amended by substituting for paragraph (a) the following:
“(a) the person driving the vehicle—
(i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda SÃ­ochÃ¡na under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle,
(ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010, or
(iii) is, in the opinion of a member of the Garda SÃ­ochÃ¡na, disqualified for holding a driving licence or learner permit,”.
num: 61
paragraphs: — (1) Where a member of the Garda SÃ­ochÃ¡na has reasonable grounds for believing that—
(a) a mechanically propelled vehicle has been used in a public place on a particular occasion,
(b) the use may have involved the commission of an offence under the Road Traffic Acts 1961 to 2010 (including a case in which the member has himself or herself observed the use), and
(c) the actual user of the vehicle was a particular person,
the member may at any time or times subsequent to the occasion in question require of the person the production of, to a member of the Garda SÃ­ochÃ¡na for his or her inspection, a driving licence or, if the person falls within section 35(1) of the Principal Act, a learner permit, having effect and licensing the person to drive the vehicle used on the occasion in question, at a Garda SÃ­ochÃ¡na station or another place specified by the member, within the period of 10 days of the date of making the requirement.
(2) A person who fails to comply with a requirement under subsection (1) commits an offence.
(3) Where a person of whom the production of a driving licence or learner permit is required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda SÃ­ochÃ¡na to whom it is produced to read it, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.
(4) A member of the Garda SÃ­ochÃ¡na may arrest without warrant—
(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or
(b) a person who, when his or her name and address is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.
(5) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda SÃ­ochÃ¡na station at which the defendant concerned was required, under subsection (1), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence in accordance with that subsection shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda SÃ­ochÃ¡na station, be evidence, until the contrary is shown, of the facts stated in the certificate.
(6) Where any person is required to produce a driving licence or learner permit at a Garda SÃ­ochÃ¡na station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda SÃ­ochÃ¡na station shall issue a certificate stating that it was so produced and such certificate shall be evidence of the facts stated in the certificate.
(7) A person who, when the production of a driving licence or learner permit is required of him or her under this section, does not produce the licence or permit because he or she is not the holder of such is deemed to fail to produce his or her driving licence or learner permit within the meaning of subsection (1).
(8) A requirement under this section shall not be made after the time in which proceedings may be brought in respect of the alleged offence.
(9) Section 33 of the Act of 2004 is repealed.
num: 62
paragraphs: — (1) Where a person, on the demand or at the requirement of a member of the Garda SÃ­ochÃ¡na under section 40 of the Principal Act or a requirement of such a member under section 61 (1) of this Act, produces for inspection a driving licence or learner permit under that provision, the member making the demand or requirement of the person, where it is produced for inspection to him or her or, where it is produced for inspection at a Garda SÃ­ochÃ¡na station, the member of the Garda SÃ­ochÃ¡na at the Garda SÃ­ochÃ¡na station to whom it is produced for inspection, as the case may be, may require of the person to state whether the address mentioned on the driving licence or learner permit is the address at which the person currently resides, and if it is not, to require the person to give to the member the address at which he or she currently resides.
(2) A person who fails to comply with a requirement under subsection (1) commits an offence.
num: 63
paragraphs: — Section 22 (inserted by section 21 of the Act of 2004) of the Act of 2002 is amended by substituting for subsection (1) the following:
“22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—
(a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or
(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,
and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—
(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and
(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,
and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced.”.
num: 64
paragraphs: — (1) Section 30 (inserted by section 20 of the Act of 1968) of the Principal Act is amended by substituting for subsection (1) the following:
“(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and—
(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,
(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 ( S.I. No. 464 of 2008 ) apply, those Regulations do not apply to that licence, or
(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.”.
(2) Section 3 of the Act of 2002 is amended by substituting for subsection (1) the following:
“(1) When penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed equals or exceeds 12, the person stands disqualified for a period of 6 months beginning on the appropriate date for holding a licence, and—
(a) an Irish licence held by him or her at the beginning of the period stands suspended correspondingly, or
(b) a foreign driving licence held by him or her at the beginning of the period has no effect in the State.”.
num: 65
paragraphs: — (1) The following section is substituted for section 26 (inserted by section 26 of the Act of 1994 as amended by section 6 of the Act of 2006) of the Principal Act:
num: 66
paragraphs: — (1) Section 26 (inserted by section 26 of the Act of 1994) of the Principal Act is amended—
(a) in subsection (4)(a) (inserted by section 6 of the Act of 2006) by substituting for subparagraph (iii) the following:
“(iii) section 52 or 53, tried on indictment,”,
and
(b) by substituting for subsection (5) the following:
“(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.
(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—
(i) decline to make a consequential disqualification order, or
(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.”.
(2) This section stands repealed upon the commencement of section 65 (1).
num: 67
paragraphs: — (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:
“(4) Where a court considers it to be appropriate the court may—
(a) confirm the period specified in the order of disqualification, or
(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.
(2) Section 19 of the Act of 1968 is repealed.
num: 68
paragraphs: — Section 9 of the Act of 2002 is amended:
(a) in subsection (9), by inserting “or after the date on which the Convention has become applicable between the State and another Member State, by declaration under Article 15.4 of the Convention, by a person normally resident in that other Member State,” after “(“State of residence”),
(b) in subsection (12)(a), by—
(i) in the definition of “the Convention” by substituting “Luxembourg” for “Brussels”, and
(ii) inserting after the definition of “specified offence” the following:
“ ‘state of residence’ means the state of residence of a person who has committed a specified offence and to whom this subsection applies.”,
and
num: 69
paragraphs: — The following sections are substituted for sections 51A, 52 (inserted by sections 49 and 50, respectively, of the Act of 1968), 53 (as amended by section 51 of the Act of 1968, section 49(1)(b) of the Act of 1994 and section 13 of the Act of 2004), 54 (as amended by section 6 of the Act of 1968) and 55 (as amended by section 52 of the Act of 1968) of the Principal Act:
“Driving without reasonable consideration.
51A.— (1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.
(2) A person who contravenes subsection (1) commits an offence.
Careless driving.
num: 52
paragraphs: — (1) A person shall not drive a vehicle in a public place without due care and attention.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding €10,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a fine not exceeding €5,000.
(3) Where a member of the Garda SÃ­ochÃ¡na is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he or she may arrest the first-mentioned person without warrant.
Dangerous driving.
num: 53
paragraphs: — (1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.
(2) A person who contravenes subsection (1) commits an offence and—
(a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both, and
(b) in any other case, he or she is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.
(3) In a prosecution for an offence under this section or section 52, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower, under Part 2 of the Road Traffic Act 2004 .
(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of the opinion that he or she had not committed an offence under this section but had committed an offence under section 52, the jury or court may find him or her guilty of an offence under section 52, and he or she may be sentenced accordingly.
(5) Where a member of the Garda SÃ­ochÃ¡na is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.
Driving of dangerously defective vehicle.
num: 54
paragraphs: — (1) Where a mechanically propelled vehicle is driven in a public place while there is a defect affecting the vehicle which the person driving the vehicle and, where the person driving the vehicle is not the owner, the owner of it, knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, such person and such owner each commits an offence.
(2) Where a person is charged with an offence under this section, it is a defence to the charge for him or her to show that the vehicle was being driven on the occasion in question by another person and that such driving was unauthorised.
(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both.
(4) In a prosecution for an offence under this subsection it is a defence if the defendant shows that on the occasion in question he or she was the employee of the owner and was using the vehicle in obedience to the express orders of the owner.
Parking vehicle in dangerous position.
num: 55
paragraphs: — (1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction—
(a) in the case of—
(i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or
(ii) a second or any subsequent offence,
to a fine not exceeding €3,000 or to imprisonment for a term not exceeding one month or to both, and
(b) in any other case, to a fine not exceeding €2,000.
(3) Where a member of the Garda SÃ­ochÃ¡na is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.”.
num: 70
paragraphs: — The following are repealed:
(a) section 35 of the Offences against the Person Act 1861 ,
(b) sections 49 to 52 of the Act of 1968,
(c) section 13 of the Act of 2004, and
(d) the matter at reference numbers 11 to 16 in Part 1 of the Table to section 18 of the Act of 2006.
num: 71
paragraphs: — Section 3(1) of the Principal Act is amended by—
(a) substituting for the definition of “the Minister” the following:
“ ‘Minister’ means Minister for Transport;”,
and
(b) for the definition of “road authority” the following:
“ ‘road authority’ means—
num: 72
paragraphs: — Section 3 of the Principal Act is amended by substituting for subsection (2) the following:
“(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded—
(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and
(b) for all other purposes of this Act as not being a mechanically propelled vehicle.”.
num: 73
paragraphs: — Section 69 of the Principal Act is amended by substituting for subsections (3) to (5) the following:
“(3) Where a person produces under this section a certificate to a member of the Garda SÃ­ochÃ¡na but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.
(4) Where a person whose name and address or date of birth is demanded under subsection (3) refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, he or she commits an offence.
(5) A member of the Garda SÃ­ochÃ¡na may arrest without warrant—
(a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or
(b) a person who, when his or her name and address or date of birth is demanded of him or her by the member under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.”.
num: 74
paragraphs: — Where a person applies for—
(a) a theory test certificate under the European Communities (Licensing of Drivers) Regulations 2003 ( S.I. No. 52 of 2003 ) (as amended by the European Communities Driving Theoretical Tests (Amendment) Regulations 2006 ( S.I. No. 538 of 2006 )), to the Driver Theory Testing Service,
(b) a certificate of competency, to an issuing authority, or
(c) an Irish driving licence, to a licensing authority,
the Service or authority, as the case may be, may—
(i) take a photograph or copy of the signature of the applicant,
(ii) keep a copy (including a digital copy) of the signature and the photograph which may also be transferred to and kept on the licence record relating to the applicant,
(iii) include a copy of the signature and the photograph on any theory test certificate or certificate of competence issued or driving licence or learner permit granted, and
(iv) store on any microchip incorporated on a driving licence or learner permit it grants to the applicant a digital copy of the applicant’s signature and photograph.
num: 75
paragraphs: — (1) The Minister may make regulations requiring persons applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 in respect of a mechanically propelled vehicle—
(a) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a vehicle to which section 18 of the Principal Act applies, and
(b) where it is such a vehicle, to produce a test certificate or provide evidence of such which will be in force in respect of the vehicle when the licence comes into operation.
(2) Paragraph (b) of section 123 of the Principal Act is repealed.
num: 76
paragraphs: — Section 47 (inserted by section 11 of the Act of 2004) of the Principal Act is amended by inserting after subsection (2) the following:
“(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit that has been applied under this Act to the road when the offence is alleged to have been committed.”.
num: 77
paragraphs: — (1) Part VI of the Principal Act is amended by inserting after section 78 the following:
“78A.— (1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda SÃ­ochÃ¡na and the Motor Insurer’s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.
(2) In this subsection ‘motor insurance policies’ means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.”.
(2) Sub-article (4) of article 9 of the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ) is revoked.
num: 78
paragraphs: — (1) Section 95 (as amended by section 37 of the Act of 1994) of the Principal Act is amended—
(a) by substituting for subsection (3) the following:
“(3) (a) A road authority may provide in respect of public roads in their charge such information signs and warning signs as they consider desirable.
(b) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their charge such regulatory signs as they consider desirable.”,
(b) by deleting subsection (4), and
(c) in subsection (5), by substituting for paragraph (a) the following:
“(5) (a) A road authority shall provide in respect of public roads in their charge such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.”.
(2) Regulatory signs which have been provided for or by a road authority before the commencement of this section are deemed to have been provided under section 95 of the Principal Act as amended by this section.
num: 79
paragraphs: — The following section is substituted for section 107 of the Principal Act:
“107.— (1) Where a member of the Garda SÃ­ochÃ¡na alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.
(2) Where a member of the Garda SÃ­ochÃ¡na has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920 , section 131 (5) of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.
(3) Where a person, when his or her name and address or date of birth is demanded of him or her under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence.
(4) Where a member of the Garda SÃ­ochÃ¡na has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle—
(a) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,
(b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or
(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.
(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €2,000.”.
num: 80
paragraphs: — The following section is substituted for section 108 of the Principal Act:
“108.— A member of the Garda SÃ­ochÃ¡na may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address and date of birth of such person, and if such a person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by reasonable force if necessary, and retain it until such time as he or she is satisfied as to the identity of such person.”.
num: 81
paragraphs: — (1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by—
(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or
(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.
It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.
(2) In proceedings for an offence referred to in subsection (1)—
(a) a document purporting to be, or to be a copy of, a record referred to in subsection (1)(a)—
(i) which is not a permanent visual record and to be signed by a member of the Garda SÃ­ochÃ¡na, or
(ii) which is a permanent visual record and to be issued by or on behalf of a member of the Garda SÃ­ochÃ¡na or an administrative office or unit of the Garda SÃ­ochÃ¡na designated in that behalf by the Commissioner, or a person authorised under an agreement under subsection (7),
and
(b) on which is endorsed a statement to the effect that it is, or is a copy of, that record,
shall be prima facie evidence in those proceedings of the indications or measurements contained in the record. It shall not be necessary to prove, as the case may be, the signature on the document or that the signatory was a member of the Garda SÃ­ochÃ¡na or that the document was so issued.
(3) A copy of the document referred to in subsection (2) shall be given to the accused person before the commencement of the trial of the offence concerned.
(4) The electronic or other apparatus referred to in subsection (1) shall—
(a) be of a type that has been approved by—
(i) the Commissioner or another member of the Garda SÃ­ochÃ¡na not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or
(ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer,
and
(b) in the case of an apparatus referred to in subsection (1)(a), be capable of producing a record of the measurements or other indications referred to in subsection (1).
It is not necessary to prove that the apparatus is of a type so approved.
(5) In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.
(6) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that—
(a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda SÃ­ochÃ¡na, or a person authorised under an agreement under subsection (7), and
(b) that the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda SÃ­ochÃ¡na, or a person authorised under an agreement under subsection (7).
(7) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda SÃ­ochÃ¡na not below the rank of Superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.
(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement.
(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under this subsection.
(8) A member of the civilian staff of the Garda SÃ­ochÃ¡na may perform the functions relating to the establishing of prima facie proof of a constituent of an offence including the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.
(9) In this section—
“member of the civilian staff of the Garda SÃ­ochÃ¡na” means a person appointed or designated as being transferred under section 19 of the Garda SÃ­ochÃ¡na Act 2005 ;
“member of the Garda SÃ­ochÃ¡na” other than in subsection (3) or (7), includes a member of the civilian staff of the Garda SÃ­ochÃ¡na;
“permanent visual record” includes a photograph;
“radar gun” means an apparatus which—
(a) can be used to measure the speed of a moving object (such as a motor vehicle) by directing a signal from the apparatus at the object, and, if the signal is reflected off the object, the apparatus in turn receives the reflected signal, and
(b) is capable of measuring the speed of the object and displaying the speed on the apparatus;
“record” includes a visual record which can be stored permanently on the apparatus concerned.
(10) The following are repealed:
(a) section 21 of the Act of 2002,
(b) section 15 of the Act of 2004, and
(c) section 17 of the Act of 2006.
num: 82
paragraphs: — (1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.
(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.
num: 83
paragraphs: — (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda SÃ­ochÃ¡na not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.
(2) Section 28 of the Act of 2004 is repealed.
num: 84
paragraphs: — The following Table is substituted for the Table (inserted by section 23(2) of the Act of 2002) to section 15 of the Act of 1968:
“TABLE
Where the excess weight is not less than 1,000 kilograms
but is less than 2,000 kilograms
€500
Where the excess weight is not less than 2,000 kilograms
but is less than 3,000 kilograms
€1,000
Where the excess weight is not less than 3,000 kilograms
but is less than 4,000 kilograms
€1,500
Where the excess weight is not less than 4,000 kilograms
but is less than 5,000 kilograms
€3,000
Where the excess weight is 5,000 kilograms or more
€5,000
”.
num: 85
paragraphs: — Section 18(2) of the Act of 1968 is amended by—
(a) substituting for paragraph (a) the following:
“(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);
(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);
(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;”,
(b) inserting after paragraph (d) the following:
“(da) the fitness of applicants for driving instructor licences;”,
(c) inserting after paragraph (i) the following:
“(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;
(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;
(l) the production to a member of the Garda SÃ­ochÃ¡na or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;
(m) the examination or inspection of records under regulations under this section by a member of the Garda SÃ­ochÃ¡na or an officer of the Road Safety Authority;
(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;
(o) matters for the purposes of subsection (8).”,
and
(d) by substituting for subsection (7) the following:
“(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction—
(a) in the case of a contravention of a regulation—
(i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, or
(ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor,
to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, and
(b) in the case of any other failure or contravention, to a fine not exceeding €2,000.
(8) Where a person is convicted of an offence under subsection (7) the person—
(a) if an applicant for a licence under regulations under this section, is prohibited from holding such a licence, or
(b) if the holder of such a licence, the licence is revoked in the circumstances prescribed under this section or suspended,
for the period referred to in regulations under this section and different periods may be prescribed in relation to different contraventions.”.
num: 86
paragraphs: — Section 9(2) of the Act of 2004 is amended by substituting for paragraph (a) the following:
“(a) (i) 30 kilometres per hour, and
(ii) 40 kilometres per hour,
in respect of a road or roads in accordance with guidelines issued by the Minister under this section,”.
num: 87
paragraphs: — (1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4 , 5 , 12 and 14 of this Act, do not apply to—
(a) the driving or use by a member of the Garda SÃ­ochÃ¡na, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) of a vehicle in the performance of the duties of that member, or
(b) a person driving or using a vehicle under the direction of a member of the Garda SÃ­ochÃ¡na,
where such use does not endanger the safety of road users.
(2) Section 27 of the Act of 2004 is repealed.
num: 88
paragraphs: — Section 30 of the Act of 2004 is amended by substituting for subsection (2) the following:
“(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.”.
num: 89
paragraphs: — Section 35 (as amended by section 12 (4)(b) of the Roads Act 2007 ) of the Act of 1994 is amended by inserting after subsection (6) the following:
“(7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t), the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue.”.
num: 90
paragraphs: — Section 41(3) of the Act of 1994 is amended by substituting “3 weeks” for “6 weeks”.
num: 91
paragraphs: — Section 13 of the Act of 2002 is repealed.
num: 92
paragraphs: — Section 33 of the Principal Act is amended by inserting after subsection (3A) (inserted by section 21 of the Act of 1968) the following:
“(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—
(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 , or
(b) where the vehicle is a vehicle to which section 18 applies, a test certificate,
for the time being in force, in respect of the vehicle.
(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”.