European Union (Facilitation of Cross-Border Exchange of Information on Road-Safety-Related Traffic Offences) Regulations 2017
Source: Iris Oifigiúl 371 of 2017 2017-08-15

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paragraphs: These Regulations may be cited as the European Union (Facilitation of Cross-Border Exchange of Information on Road-Safety-Related Traffic Offences) Regulations 2017.
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paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: These Regulations apply to the following road-safety-related traffic offences:
(a) speeding;
(b) failing to use a seat-belt;
(c) failing to stop at a red traffic light;
(d) drink-driving;
(e) driving while under the influence of drugs;
(f) failing to wear a safety helmet;
(g) the use of a forbidden lane;
(h) illegally using a mobile telephone or any other communication devices while driving.
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paragraphs: The Minister for Transport, Tourism and Sport is designated as the national contact point in the State for—
(a) requests for the exchange of data relating to vehicles and their owners or holders from the national contact point in Member States of the offence for the purposes of investigation of road-safety-related traffic offences, and
(b) making a request to the national contact point in another Member State for access to its national vehicle registration database in order to conduct the search for a vehicle registered in that database or the owner or holder of the vehicle, where the vehicle has been involved in a road-safety-related traffic offence committed in the State.
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paragraphs: (1) The national contact point in the State, for the purpose of the investigation of road-safety-related traffic offences, shall grant to the national contact point in the Member State of the offence access to the National Vehicle and Driver File in order to conduct automated searches in respect of data relating to vehicles and the owners and holders of vehicles contained in records held on the National Vehicle and Driver File where that other national contact point has complied with the data elements referred to in Annex I to the Directive and provided a full registration number of the vehicle which is the subject of the search.
(2) Searches under this Regulation shall be conducted in compliance with points 2 and 3 of Chapter 3 of the Annex to Decision 2008/616/JHA of 28th June 20083 , and Annex I to the Directive shall apply.
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paragraphs: The national contact point in the State, for the purposes of the investigation of a road-safety-related traffic offence committed in the State involving a vehicle registered in another Member State, may in accordance with Article 4 of the Directive access, and process, data in the national vehicle registration database of the Member State of registration to conduct automated searches, where such access is granted by the Member State of registration, to be used in order to establish who is personally liable for the road-safety-related traffic offence in respect of which the search of the database of the Member State of registration was made.
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paragraphs: Data processed under Regulation 6 by the national contact point in the State may only be used for the objective of—
(a) facilitating the cross-border exchange of information on road-safety-related traffic offences, and
(b) the enforcement of sanctions where road-safety-related traffic offences are committed in the State with a vehicle registered in another Member State.
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paragraphs: Personal data processed under Regulation 6 by the national contact point in the State shall be—
(a) rectified if inaccurate, and
(b) erased or blocked—
(i) if they are no longer required for the purpose for which they were processed, or
(ii) at the latest, following the expiry of such period for retaining the data specified by the national contact point of the other Member State who has allowed access to its vehicle registration database,
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paragraphs: If a data subject whose personal data has been transmitted by the national contact point in the State to the national contact point in a Member State of the offence, in response to a request under Article 4 of the Directive, so requests, the national contact point shall inform him or her of—
(a) what data was transferred in response to the request,
(b) the date of the request, and
(c) the identity of the national contact point in the Member State of the offence.
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paragraphs: The Data Protection Acts 1988 and 2003 apply to personal data processed under these Regulations. The data subject shall accordingly be informed, when notified of the offence, of the right to access, rectification and deletion of personal data, as well as the maximum storage period of the data.
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paragraphs: Where, in relation to a road-safety-related traffic offence committed in the State the Director of Public Prosecutions or other person decides to initiate follow-up proceedings he or she shall, in informing the owner or holder of the vehicle concerned registered in another Member State of such proceedings, send the information letter in the language of the registration document of the vehicle, if available, or in one of the official languages of the Member State of registration.