Intoxication Procedure

Table of Contents

ROAD TRAFFIC ACT 1968

Driving Offences

Section 27

Definitions for Part V.

F17[27.—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);

“Director” has the meaning assigned to it by section 39 (1);

“establishment order” has the meaning assigned to it by section 37 (1).]

Annotations

Amendments:

F17
Substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 5, S.I. No. 350 of 1994.

Editorial Notes:

E70
Previous affecting provision: section substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 6, S.I. No. 192 of 1978; substituted as per F-note above.

E71
Previous affecting provision: section amended (26.07.1973) by Road Traffic (Amendment) Act 1973 (15/1973), s. 2, commenced on enactment; substituted as per E-note and F-note above.

Section 28
Obligation to provide preliminary specimen of breath.

28.—F18[…]

Annotations

Amendments:

F18
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E72
Previous affecting provision: power pursuant to section exercised (14.10.1976) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1976 (S.I. No. 240 of 1976); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E73
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E74
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 29
Amendment of section 49 of Principal Act.

29.—F19[…]

Annotations

Amendments:

F19
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Section 30
Obligation to provide, or permit taking of, specimen at Garda station (section 49).

30.—F20[…]

Annotations

Amendments:

F20
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E75
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E76
Previous affecting provision: section amended (26.07.1973) by Road Traffic (Amendment) Act 1973 (15/1973), s. 3, commenced on enactment; section repealed as per F-note above.

E77
Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E78
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E79
Previous affecting provision: application of subs. (3) extended by Road Traffic Act 1961 (24/1961), s. 26(3)(b), as amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 25, S.I. No. 192 of 1978; section repealed as per F-note above.

Section 31
Bar to certain defences to charges under section 49 of Principal Act.

31.—F21[…]

Annotations

Amendments:

F21
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Section 32
Amendment of section 50 of Principal Act.

32.—F22[…]

Annotations

Amendments:

F22
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Section 33
Obligation to provide, or permit taking of, specimen at Garda station (section 50).

33.—F23[…]

Annotations

Amendments:

F23
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E80
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E81
Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E82
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 34
Bar to certain defences to charges under section 50 of Principal Act.

34.—F24[…]

Annotations

Amendments:

F24
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Section 35
Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act.

35.—F25[…]

Annotations

Amendments:

F25
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Section 36
Defence to refusal to permit taking of specimen.

36.—F26[…]

Annotations

Amendments:

F26
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E83
Previous affecting provision: section amended (26.07.1973) by Road Traffic (Amendment) Act 1973 (15/1973), s. 5, commenced on enactment; revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E84
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 37

Establishment of Bureau for purposes of this Part.

37.—(1) The Minister may by order (in this Part referred to as the establishment order) establish as on and from a specified date a body (in this Part referred to as the Bureau) to perform the functions assigned to it by or under this Act.

(2) The Bureau shall be called and known by such title as may be specified in the establishment order and shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land.

(3) The Bureau shall consist of not less than three but not more than five members.

(4) The members of the Bureau shall be appointed by the Minister.

(5) No remuneration or moneys in respect of expenses may be paid to a member of the Bureau save with the consent of the Minister for Finance.

Annotations

Editorial Notes:

E85
Power pursuant to section exercised (1.01.1984) by The Medical Bureau of Road Safety (Establishment) Order 1968 (Amendment) Order 1983 (S.I. No. 364 of 1983).

E86
Power pursuant to section exercised (27.11.1968) by The Medical Bureau of Road Safety (Establishment) Order 1968 (S.I. No. 241 of 1968).

Section 38

Functions and duties of the Bureau.

38.— F27[(1) The Bureau shall perform the functions assigned to it by or under this Act or the Road Traffic Act, 1994.

(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall, subject to the establishment order and to any regulations under Part III of the Road Traffic Act, 1994, arrange for—

(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under Part III of the Road Traffic Act, 1994, 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,

(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) 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) The Bureau may, with the consent of the Minister—

F27[(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,]

(b) render such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research of a kind which the Bureau is by this Act authorised to carry out.

Annotations

Amendments:

F27
Substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 6, S.I. No. 350 of 1994.

F28
Repealed by Road Traffic Act 2010 (25/2010), s. 33(b), not commenced as of date of revision.

Modifications (not altering text):

C21
Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(b), not commenced as of date of revision.

38.—F28[…]

Editorial Notes:

E87
Previous affecting provision: subs. (1) and (2) substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978) s. 7(a), S.I. No. 192 of 1978; repealed as per F-note above.

E88
Previous affecting provision: subs. (4)(a) substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978) s. 7(b), S.I. No. 192 of 1978; repealed as per F-note above.

Section 39

Director of the Bureau.

39.—(1) The establishment order shall provide for the appointment by the Minister of a Director of the Bureau, in this Part referred to as the Director.

F29[(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.]

(3) The Director shall be paid, out of funds at the disposal of the Bureau—

(a) such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

(b) such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

(4) The Director may be a member of the Bureau.

(5) The Director may, with the consent of the Bureau and as provided by the establishment order, from time to time appoint one or more than one person to act as his deputy and may from time to time delegate to any such person any of the duties or functions of the Director.

(6) Where a delegation to a person is made under this section—

(a) the person shall perform the delegated functions under the general direction and control of the Director,

(b) the person shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and

(c) a provision made by or under this Act which vests functions in the Director or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect for the purposes of the performance of that function by the person, with the substitution of the person for the Director.

(7) Notwithstanding subsection (6), where a delegation to a person is made under this section—

(a) the Director may, in any particular case of the performance of the function, inform the person that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the Director and not by the person, and

(b) if the person is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the Director, the person may refer such case to the Director, and the function shall thereupon be performable in such case by the Director and not by the person.

(8) The name of the Director and of any person appointed under subsection (5) shall be published in the manner specified in the establishment order.

Annotations

Amendments:

F29
Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 28, S.I. No. 543 of 2011.

Modifications (not altering text):

C22
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 25 of 1968

Road Traffic Act 1968

Sections 37(5), 39(3) and 41

…

Editorial Notes:

E89
Power pursuant to section exercised (1.01.1984) by The Medical Bureau of Road Safety (Establishment) Order 1968 (Amendment) Order 1983 (S.I. No. 364 of 1983).

E90
Power pursuant to section exercised (27.11.1968) by The Medical Bureau of Road Safety (Establishment) Order 1968 (S.I. No. 241 of 1968).

E91
Previous affecting provision: subs. (2) substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 7, S.I. No. 350 of 1994; substituted as per F-note above.

E92
Previous affecting provision: subs. (2) substituted (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 8, S.I. No. 192 of 1978; substituted as per E-note and F-note above.

Section 40

Provisions of the establishment order.

40.—(1) The establishment order shall contain such provisions as the Minister considers appropriate for the purpose of enabling the Bureau to perform its functions effectively and to give effect to the provisions of this Part in so far as they relate to the Bureau.

(2) In particular, and without prejudice to the generality of subsection (1), the establishment order may contain provisions relating to all or any of the following matters:

(a) the terms and conditions of appointment and tenure of office of members of the Bureau and of the Director;

(b) the appointment of officers and the employment of servants by the Bureau and the remuneration and conditions of service of such officers and servants;

(d) the regulation of the finances of the Bureau and the keeping and auditing of its accounts;

(e) the furnishing by the Bureau to the Minister from time to time of information regarding the performance of its functions;

(f) empowering the Bureau to provide itself with a seal and providing for the use and authentication of the seal;

(g) empowering the Bureau to make arrangements with another person or body for the use by the Bureau of premises and equipment belonging to that person or body and for the use of the services of officers and servants of that person or body.

(3) No provision relating to the matters mentioned in subsection (2) (b) may be contained in the establishment order save with the consent of the Minister for Finance.

(4) The Minister may from time to time by order amend the establishment order and amend or revoke an order under this subsection.

Annotations

Editorial Notes:

E93
Power pursuant to section exercised (1.01.1984) by The Medical Bureau of Road Safety (Establishment) Order 1968 (Amendment) Order 1983 (S.I. No. 364 of 1983).

E94
Power pursuant to section exercised (27.11.1968) by The Medical Bureau of Road Safety (Establishment) Order 1968 (S.I. No. 241 of 1968).

Section 41
Expenses of the Bureau.

41.—(1) Subject to any general directions which may, from time to time, be given by the Minister for Finance, there shall be paid F30[out of moneys provided by the Oireachtas] in every year to the Bureau an amount equal to the expenses which, in the opinion of the Minister, are reasonably and properly incurred in the performance of its functions, less any fees or other payments made to the Bureau under this Act or the establishment order.

(2) Subsection (4) of section 3 of the Roads Act, 1920, shall be construed and have effect as if the expenses required by this section to be met out of the Road Fund were included in the expenses mentioned in paragraph (e) of that subsection.

Annotations

Amendments:

F30
Substituted (18.07.1980) by Road Fund (Winding Up) Regulations 1980 (S.I. No. 230 of 1980), reg. 2 and sch.

Section 42
Protection of Director, etc., against legal proceedings.

42.— No action or other legal proceeding shall lie (except in the case of wilful neglect or default) against the Director or any member, officer or servant of the Bureau by reason of, or arising out of, the carrying out of any analysis or determination under this Act F31[, the Road Traffic (Amendment) Act, 1978, or the Road Traffic Act, 1994].

Annotations

Amendments:

F31
Substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 8, S.I. No. 350 of 1994.

F32
Repealed by Road Traffic Act 2010 (25/2010), s. 33(b), not commenced as of date of revision.

Modifications (not altering text):

C23
Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(b), not commenced as of date of revision.

42.—F32[…]

Section 43
Procedure following taking or provision of specimen.

43.—F33[…]

Annotations

Amendments:

F33
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E95
Previous affecting provision: power pursuant to section exercised (14.10.1976) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1976 (S.I. No. 240 of 1976); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E96
Previous affecting provision: power pursuant to section exercised (22.11.1974) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1974 (S.I. No. 336 of 1974); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E97
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E98
Previous affectin provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E99
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E100
Previous affecting provision: section amended (26.07.1973) by Road Traffic (Amendment) Act 1973 (15/1973), s. 6, commenced on enactment; repealed as per F-note above.

Section 44
Evidential effects of certificate under section 43.

44.—F34[…]

Annotations

Amendments:

F34
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E101
Previous affecting provision: section amended (26.07.1973) by Road Traffic (Amendment) Act 1973 (15/1973), s. 7, commenced on enactment; repealed as per F-note above.

Section 45
Right to further analysis.

45.—F35[…]

Annotations

Amendments:

F35
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E102
Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3..

E103
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 46
Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen.

46.—F36[…]

Annotations

Amendments:

F36
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E104
Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E105
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 47
Regulations for sections 27 to 46.

47.—F37[…]

Annotations

Amendments:

F37
Repealed (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 5, S.I. No. 192 of 1978.

Editorial Notes:

E106
E106
Previous affecting provision: power pursuant to section exercised (14.10.1976) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1976 (S.I. No. 240 of 1976); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E107
Previous affecting provision: power pursuant to section exercised (22.11.1974) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1974 (S.I. No. 336 of 1974); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Previous affecting provision: power pursuant to section exercised (27.07.1973) by Road Traffic Act 1968 (Part V) (Amendment) (No. 2) Regulations 1973 (S.I. No. 221 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E108
Previous affecting provision: power pursuant to section exercised (29.05.1973) by Road Traffic Act 1968 (Part V) (Amendment) Regulations 1973 (S.I. No. 138 of 1973); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

E110
Previous affecting provision: power pursuant to section exercised (14.10.1969) by Road Traffic Act 1968 (Part V) Regulations 1969 (S.I. No. 196 of 1969); revoked (11.07.1978) by Road Traffic (Amendment) Act, 1978 (Part III) Regulations 1978 (S.I. No. 193 of 1978), reg. 4 and sch. 3.

Section 48
Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.

48.—F38[…]

Annotations

Amendments:

F38
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(b), S.I. No. 544 of 2011.

Section 49
Driving without reasonable consideration.

49.—F39[…]

Annotations

Amendments:

F39
Repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2), S.I. No. 542 of 2011.

Editorial Notes:

E111
Previous affecting provision: repealed by Road Traffic Act 2010 (25/2010), s. 70(b), not commenced.

Section 50
Careless driving.

50.—F40[…]

Annotations

Amendments:

F40
Repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2), S.I. No. 542 of 2011.

Editorial Notes:

E112
Previous affecting provision: repealed by Road Traffic Act 2010 (25/2010), s. 70(b), not commenced.

Section 51
Amendment of section 53 of Principal Act.

51.—F41[…]

Annotations

Amendments:

F41
Repealed (28.10.2011) by Road Traffic (No.2) Act 2011 (28/2011), s. 4(2), S.I. No. 542 of 2011.

Editorial Notes:

E113
Previous affecting provision: repealed by Road Traffic Act 2010 (25/2010), s. 70(b), not commenced.

Section 52
Amendment of section 55 of Principal Act.

52.—F42[…]

Annotations

Amendments:

F42
Repealed (28.10.2011) by Road Traffic (No.2) Act 2011 (28/2011), s. 4(2), S.I. No. 542 of 2011.

Editorial Notes:

E114
Previous affecting provision: repealed by Road Traffic Act 2010 (25/2010), s. 70(b), not commenced.

PART VI

PART VIII

Regulation of Traffic

Section 59

Penalty on person found in a public place while under influence of intoxicating liquor or drug.

59.—(1) A person who is found in a public place in such a condition, because he is under the influence of intoxicating liquor or a drug, as to be a source of danger to traffic or himself shall be guilty of an offence.

(2) A person charged with an offence under this section shall not, in respect of the facts alleged to constitute such offence, be charged under section 12 of the Licensing Act, 1836, section 12 of the Licensing Act, 1872, section 25 of the Licensing (Ireland) Act, 1874, or section 9 of the Summary Jurisdiction Act, 1908.

(3) Where a member of the Garda Síochána is of opinion that a person is committing an offence under this section he may arrest the person without warrant.

Section 60
Regulations for the general control of traffic and pedestrians.

60.—F43[…]

Annotations

Amendments:

F43
Repealed (1.05.1997) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 180 of 1997.

Editorial Notes:

E116
Previous affecting provision: power pursuant to section exercised (17.12.1993) by Road Traffic General Bye Laws 1964 (Amendment) Regulations 1993 (S.I. No. 393 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 pt. 1.

E117
Previous affecting provision: power pursuant to section exercised (10.03.1993) by Road Traffic General Bye-Laws (Amendment) Regulations 1993 (S.I. No. 63 of 1993); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 pt. 1.

E118
Previous affecting provision: power pursuant to section exercised (29.07.1991) by Road Traffic General Bye-Laws (Amendment) Regulations 1991 (S.I. No. 204 of 1991); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 pt. 1.

E119
Previous affecting provision: power pursuant to section exercised (30.09.1983) by Road Traffic General Bye-Laws (Amendment) Regulations 1983 (S.I. No. 275 of 1983); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 pt. 1.

E120
Previous affecting provision: power pursuant to section exercised (28.11.1975) by Road Traffic General Bye-Laws (Amendment) Regulations 1975 (S.I. No. 281 of 1975); revoked (1.10.1997) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 pt. 1.

ROAD TRAFFIC ACT 2006

Section 4

Mandatory alcohol testing.

4.—(1) F7[…]

(2) F7[…]

(3) F7[…]

(4) F7[…]

(5) F7[…]

(6) F7[…]

(7) F8[…]

(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to 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 2006, 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.

(10) F7[…]

Annotations

Amendments:

F7
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(f), S.I. No. 544 of 2011, art. 6.

F8
Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(f), S.I. No. 544 of 2011, art. 10.

F9
Repealed by Road Traffic Act 2010 (25/2010), s. 33(f), not commenced as of date of revision.

Modifications (not altering text):

C5
Prospective amending provision: subss. (8) and (9) repealed by Road Traffic Act 2010 (25/2010), s. 33(f), not commenced as of date of revision.

4.— …

(8) F9[…]

(9) F9[…]

…

Editorial Notes:

E68
Previous affecting provision: subs. (4) amended (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 4, S.I. No. 253 of 2011; subs. (4) repealed as per F-note above.

E69
Previous affecting provision: procedure for provision of specimen subsequent to arrest under subs. (7) prescribed by Road Traffic Act 1994 (7/1994), s. 13(1), as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(b), commenced on enactment; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

E70
Previous affecting provision: procedure for detention of intoxicated drivers subsequent to arrest under subs. (7) prescribed by Road Traffic Act 1994 (7/1994), s. 16(1), as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(d), commenced on enactment; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.

Section 5
Fixed charge and disqualification for certain drink driving offences.

5.— F10[…]

Annotations

Amendments:

F10
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), commenced as per s. 32(2), subject to transitional provision in subs. (3).

Editorial Notes:

E71
Repeal of section (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 26(a), S.I. No. 147 of 2014, is ineffectual in light of F-note above.

E72
Amendment of subs. (12) (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 53, S.I. No. 5 of 2013, is ineffectual in light of F-note above.

E73
Previous affecting provision: functions in section transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

E74
Previous affecting provision: subss. (2), (3) and (7) substituted by Road Traffic Act 2010 (25/2010), s. 32(1), not commenced; s. 32(1) repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), commenced as per s. 32(2).

E75
Previous affecting provision: subs. (1)(c) amended (11.07.2007) by Roads Act 2007 (34/2007), s. 12(5), commenced on enactment; superseded as per F-note above.

Section 6
Consequential disqualification orders.

6.— F11[…]

Annotations

Amendments:

F11
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(3)(c), S.I. No. 543 of 2011.

Section 7

Removal of disqualification.

7.— The following section is substituted for section 29 of the Principal Act:

“29.— (1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

(4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.

(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

(7) In this section ‘disqualification order’ means a consequential or an ancillary disqualification order.”.

ROAD TRAFFIC ACT 2010

REVISED

Updated to 27 October 2022

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2007.

[20th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011, as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87.— [(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, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000)) 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 Síochána,

where such use does not endanger the safety of road users.]

C2
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— …

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

…

SECOND SCHEDULE

Number

Year

Short Title/Citation

…

Road Traffic Acts 1961 to 2010

…

C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

…

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 25 of 2010

Road Traffic Act 2010

Sections 29(13)(b), 37(1)(b), 42(1)(b) and 44(6)

…

C4
Application of collectively cited Road Traffic Acts 1961 to 2006 restricted (4.05.2009) by Road Traffic (Specialised Vehicle Permits) Regulations 2009 (S.I. No. 147 of 2009), reg. 6(1)(b)(ii), in operation as per reg. 2.

Grant of specialised vehicle permits

6. (1) The Permits Officer may grant a specialised vehicle permit if— …

(b) he or she is satisfied that— …

(ii) the vehicle and that operation will not otherwise contravene the Road Traffic Acts 1961 to 2006, Regulations made under those Acts, or any other law.

…

C5
Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities.

C6
Application of collectively cited Road Traffic Acts 1961 to 2002 modified by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.

Provisions applying to certain offences relating to vehicles.

[3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

(b) The offences referred to in paragraph (a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

…]

C7
Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred from Department of and Minister for Environment and Local Government to Department of and Minister for Public Enterprise and terms construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise changed to Department of and Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.

4. (1) The functions vested in the Minister for the Environment and Local Government—

(a) by or under—

(i) the Road Traffic Acts 1961 to 2002,

…

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.

C8
Application of collectively cited Road Traffic Acts 1961 to 1987 modified (1.01.1994) by Roads Act 1993 (14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.

Functions generally of the Authority.

17.— …

(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.

…

The Authority and traffic management.

23.—(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.

…

C9
Term “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.

2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.

Editorial Notes:

E1
Road Safety Authority granted power to consider any convictions under collectively cited Road Traffic Acts 1961 to 2011 in determining a risk rating in relation to Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 39(3)(a)-(d) (10.09.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 39(4)(e), S.I. No. 349 of 2013.

E2
Collectively cited Road Traffic Acts 1961 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).

E3
Obligation to provide breath specimen by person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under collectively cited Road Traffic Acts 1961 to 2011 provided by Road Traffic Act 1994 (7/1994), s. 12, as substituted (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 2, S.I. No. 253 of 2011.

E4
Road Safety Authority designated as authority responsible for certain vehicle testing arrangements required under the collectively cited Road Traffic Acts 1961 to 2006 (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 3(a)(i).

E5
Duty to give information to member of Garda Síochána for offences under collectively cited Road Traffic Acts 1961 to 1995 imposed (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 59(1), commenced on enactment.

E6
Previous affecting provision: certain records held under collectively cited Road Traffic Acts 1961 to 2010 exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

PART 1

Preliminary and General

Section 1
Short title, commencement, collective citation and construction.

1.— (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.

Annotations

Editorial Notes:

E7
Power pursuant to subs. (2) exercised (1.06.2017) by Road Traffic Act 2010 (Part 3) (Commencement) Order 2017 (S.I. No. 241 of 2017).

2. The 1st day of June 2017 is fixed as the day on which Part 3 of the Road Traffic Act 2010 (No. 25 of 2010) comes into operation.

E8
Power pursuant to subs. (2) exercised (17.04.2016) by Road Traffic Act 2010 (Section 54(d)) (Defective or Worn Tyres) (Commencement) Order 2016 (S.I. No. 168 of 2016).

2. The day fixed as the day on which section 54 (d) of the Road Traffic Act 2010 (No. 25 of 2010), in so far as it relates to the insertion of Part 9 into the First Schedule to the Road Traffic Act 2002 (No. 12 of 2002) other than the matter at reference numbers 1 and 2 in that Part, comes into operation is 17 April 2016.

E9
Power pursuant to subs. (2) exercised (26.11.2014) by Road Traffic Act 2010 (Impairment Testing) (Commencement) Order 2014 (S.I. No. 536 of 2014), art. 2.

2. The day fixed as the day on which— …

(b) section 11 of the Road Traffic Act 2010 (No. 25 of 2010), and

…

come into operation is 26 November 2014.

E10
Power pursuant to section exercised (21.12.2012) by Road Traffic Act 2010 (Section 53(3)(c)) (Commencement) Order 2012 (S.I. No. 560 of 2012).

2. Paragraph (c) of section 53(3) of the Road Traffic Act 2010 (No. 25 of 2010) comes into operation on the day after the making of this Order.

E11
Power pursuant to section exercised (25.07.2012) by Road Traffic Act 2010 (Section 48) (Commencement) Order 2012 (S.I. No. 293 of 2012).

2. Section 48 of the Road Traffic Act 2010 (No. 25 of 2010) comes into operation on the date of the making of this Order.

E12
Power pursuant to section exercised (28.10.2011 and 29.10.2011) by Road Traffic Act 2010 (Section 33) (Commencement) Order 2011 (S.I. No. 544 of 2011).

3. The day fixed as the day on which section 33(a) of the Act of 2010 comes into operation in so far as it relates to—

(a) section 49 (other than subsection (8)),

(b) section 50 (other than subsections (8) and (10)), and

of the Principal Act is 28 October 2011.

4. The day fixed as the day on which section 33(b) of the Act of 2010 comes into operation in so far as it relates to section 48 of the Road Traffic Act 1968 (No. 25 of 1968) is 28 October 2011.

5. The day fixed as the day on which section 33(c) of the Act of 2010 comes into operation in so far as it relates to—

(a) Part II (sections 5 to 8), and

(b) sections 10, 11 and 14,

of the Act of 1994 is 28 October 2011.

6. The day fixed as the day on which section 33(f) (other than in so far as it relates to subsections (7), (8) and (9) of section 4 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Act of 2010 comes into operation is 28 October 2011.

7. The day fixed as the day on which subsections (e), (g) and (h) of section 33 of the Act of 2010 come into operation is 28 October 2011.

8. The day fixed as the day on which section 33(a) of the Act of 2010 comes into operation in so far as it relates to—

(a) section 49(8),

(b) section 50(10), and

of the Principal Act is 29 October 2011.

9. The day fixed as the day on which section 33(c) of the Act of 2010 comes into operation in so far as it relates to—

(a) section 12 (other than subsection (5)),

(b) section 13 (other than subsection (4)), and

of the Act of 1994 is 29 October 2011.

10. The day fixed as the day on which section 33(f) of the Act of 2010 comes into operation in so far as it relates to section 4(7) of the Road Traffic Act 2006 is 29 October 2011.

E13
Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Certain Provisions) (Commencement) (No. 2) Order 2011 (S.I. No. 543 of 2011).

2. The day fixed as the day on which—

(a) Chapters 1 to 6 (other than section 11), 7 (other than section 26(5)), 8 and 9 (other than section 32) of Part 2, and

(b) sections 60, 61, 63, 64, 65 and 87, of the Road Traffic Act 2010 (No. 25 of 2010) come into operation is 28 October 2011.

E14
Power pursuant to section exercised (1.06.2011) by Road Traffic Act 2010 (Certain Provisions) (Commencement) Order 2011 (S.I. No. 255 of 2010).

2. The day fixed as the day on which sections 55 to 59, 62, 67, 71 to 74, 76, 77, 79 to 81, 83 and 84, paragraphs (a) to (c) of section 85 and sections 88 to 92 of the Road Traffic Act 2010 (No. 25 of 2010) come into operation is 1 June, 2011.

E15
Power pursuant to section exercised (9.08.2010) by Road Traffic Act 2010 (Certain Provisions) (Commencement) Order 2010 (S.I. No. 394 of 2010).

2. The day fixed as the day on which Part 1 (sections 1 and 2) and sections 26(5), 68 and 78 of the Road Traffic Act 2010 (No. 25 of 2010) come into operation is 9th August 2010.

Section 2

Definitions.

2.— 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.

PART 2

Intoxicated Driving Offences

Chapter 1

General

Section 3

Interpretation — Part 2.

3.— (1) In this Part—

F1[“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, the concentration of a drug specified in column (2) of the Schedule in a specimen of blood 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 Síochána;

“doctor” means a person registered in the F2[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;

F3[“medical exemption certificate” has the meaning given to it by section 4(1B);]

“nurse” means a person registered in the register of nurses established under section 27 of the Nurses Act 1985;

F4[“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 permitting the holder to drive a vehicle of the category concerned,

(b) is the holder of a first driving licence licensing the holder to drive a vehicle of the category concerned within a period of 2 years from the date of its 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 or W while driving, attempting to drive or being in charge of such a vehicle,

F5[(d) is the holder of a licence to drive a small public service vehicle granted under section 9 of the Taxi Regulation Act 2013, while driving, attempting to drive or being in charge of a small public service vehicle when the vehicle is being used in the course of carrying on business,]

F6[(da) not being the holder of a licence to drive a small public service vehicle, purports to be or acts as such holder, while driving, attempting to drive or being in charge of a vehicle for the carriage of persons for reward, or]

(e) does not hold a driving licence licensing the holder to drive a vehicle of the category concerned. ]

(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.

Annotations

Amendments:

F1
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 7(a), S.I. No. 129 of 2017.

F2
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 7(b), S.I. No. 129 of 2017.

F3
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 7(c), S.I. No. 129 of 2017.

F4
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(a), S.I. No. 542 of 2011.

F5
Substituted (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 76, S.I. No. 163 of 2014.

F6
Inserted (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 76, S.I. No. 163 of 2014.

Chapter 2

Intoxicated driving offences

Section 4

Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

4.— (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.

F7[(1A) Subject to subsection (1B), 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 a drug specified in column (2) of the Schedule such that, within 3 hours after so driving or attempting to drive, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a certificate, in the prescribed form (referred to in this Part as a “medical exemption certificate”) which indicates that at the time at which that drug was found to be present in his or her blood Δ9 – Tetrahydrocannabinol had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.

(1C) A person who signs a medical exemption certificate containing information which he or she knows to be false commits an offence and is liable on summary conviction to a class C fine.]

(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 Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

Annotations

Amendments:

F7
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 8(a), S.I. No. 129 of 2017. A class C fine means a fine not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

Editorial Notes:

E16
Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Medical Exemption Certificate) Regulations 2017 (S.I. No. 158 of 2017).

E17
Mandatory disqualification period for persons convicted of offence under section prescribed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30(3)(c), (ii), S.I. No. 163 of 2014.

Section 5

Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

5.— (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.

F8[(1A) A person, other than a person referred to in subsection (1B), 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 a drug specified in column (2) of the Schedule such that, within 3 hours after so being in charge, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B) Subsection (1A) does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a medical exemption certificate which indicates that at the time at which that drug was found to be present in his or her blood it had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.]

(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 Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

Annotations

Amendments:

F8
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 8(b), S.I. No. 129 of 2017.

Editorial Notes:

E18
Mandatory disqualification period for persons convicted of offence under section prescribed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30(3)(d), (ii), S.I. No. 163 of 2014.

Section 6

Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.

6.— (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,

(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 Síochána 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.

Section 7
Power of entry.

7.— A member of the Garda Síochána for the purpose of—

(a) making a requirement of a person under F9[section 9(2), 9(2A) 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.

Annotations

Amendments:

F9
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 9, S.I. No. 129 of 2017.

Editorial Notes:

E19
Previous affecting provision: s. 7(a) amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(b), S.I. No. 542 of 2011; substituted as per F-note above.

Chapter 3

Roadside breath and impairment testing

Section 8
F10[

Failure or refusal to produce licence.

8.— (1) Where a person is required by a member of the Garda Síochána to provide a specimen under section 9, 10, 12 or 14 and the person fails or refuses, at the demand of the member under section 40 of the Principal Act, to produce and present to the member a driving licence then having effect and licensing the person to drive the vehicle concerned, it shall be presumed, until the contrary is shown, that the person does not hold such a licence.

(2) The presumption referred to in subsection (1) shall cease to apply in relation to a person who within 10 days of the requirement referred to in that subsection produces and presents to the member or another member of the Garda Síochána at a Garda Síochána station nominated by the person at the time of the requirement, a driving licence held by the person at the time of the requirement, then having effect and licensing the holder to drive a vehicle of the category concerned, or evidence that he or she held such a licence.]

Annotations

Amendments:

F10
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.

Section 8A
F11[

Alternative verdicts.

8A.— (1) A person charged with an offence under section 4 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 4 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.

(2) A person charged with an offence under section 5 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.]

Annotations

Amendments:

F11
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.

Section 9

Obligation to provide preliminary breath specimen.

F12[9.— (1) This section applies to a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána—

(a) has consumed F13[an intoxicant],

(b) is committing or has committed an offence under the Road Traffic Acts 1961 to 2011,

(d) is or has been, with the vehicle, involved in an event in which death occurs or 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 that the person be brought to a hospital for medical assistance.

(2) A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested and subject to subsections (6) and (7), require a person to whom paragraph (a) or (d) of subsection (1) applies, and may require a person to whom paragraph (b) or (c) of that subsection applies—

(a) 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,

F14[(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by him or her or that other member, or]

(c) 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 Síochána (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by the member.

F15[(2A) A member of the Garda Síochána may require a person referred to in subsection (1) —

(a) to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member,

(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member, or

(c) 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 Síochána (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member.

(2B) Where a member of the Garda Síochána makes a requirement under subsection (2A), the member may request the person of whom the requirement is made to produce for inspection any medical certificate of exemption referred to in section 4(1B) or 5(1B) which he or she holds.]

(3) A person who refuses or fails to comply immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(4) A member of the Garda Síochána 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 of this Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána 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.

F16[(5A) In a prosecution for an offence under section 4 or 5 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.]

(6) A member of the Garda Síochána shall not make a requirement under subsection (2) of a person to whom paragraph (a) of subsection (1) applies if, in the opinion of the member, such requirement would be prejudicial to the health of the person.

(7) A member of the Garda Síochána shall not make a requirement under subsection (2) of a person to whom paragraph (d) of subsection (1) applies if, 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.

(8) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.

(9) Nothing in this section affects any power of arrest conferred by law apart from this section.

(10) It is not a defence in any proceedings, other than proceedings under subsection (3), to show that a member of the Garda Síochána did not make a requirement under this section.]

Annotations

Amendments:

F12
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 7, S.I. No. 542 of 2011. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F13
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 10(a), S.I. No. 129 of 2017.

F14
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 10(b), S.I. No. 129 of 2017.

F15
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 10(c), S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F16
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 10(d), S.I. No. 129 of 2017.

Section 10

Mandatory alcohol testing.

F17[10. (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 Síochána, 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 Síochána 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 Síochána, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the functions under section 9) conferred on him or her by statute or at common law, may require a person in charge of the vehicle to do one or more of the following:

(a) to provide a specimen of his or her breath (by exhaling into an apparatus for indicating the presence of alcohol in the breath) in the manner indicated by the member;

(b) to provide a specimen of his or her oral fluid (by collecting a specimen of oral fluid from his or her mouth using an apparatus for indicating the presence of drugs in oral fluid) in the manner indicated by the member;

(c) to accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide a specimen of his or her breath, as specified in paragraph (a), a specimen of his or her oral fluid, as specified in paragraph (b), or both, in the manner indicated by him or her or that other member;

(d) 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 to keep or leave it there until the person has complied with a requirement made of him or her under any of paragraphs (a), (b) and (c).

(5) A member of the Garda Síochána 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) (other than subsection (4)(d)(ii)) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), or

(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(d)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5),

commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(7) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

(8) Where a member of the Garda Síochána requires a person to provide a specimen of oral fluid under this section, the member may request the person of whom the requirement is made to produce for inspection any medical exemption certificate referred to in section 4(1B) or 5(1B) which he or she holds.

(9) 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 Síochána 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.

(10) 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 Síochána for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.

(11) 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 2016 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.]

Annotations

Amendments:

F17
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 11, S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E20
Previous affecting provision: subs. (4) amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(c), S.I. No. 542 of 2011; substituted as per F-note above.

Section 11

Preliminary impairment testing.

F18[11. (1) Where a member of the Garda Síochána is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda Síochána, to a place at, or in the vicinity of, the public place concerned and there to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(2) Where a person is arrested under—

(a) section 4(8), 5(10), 9(4), or 10(7) of this Act, or

(b) section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act,

having driven, attempted to drive, or been in charge of a mechanically propelled vehicle, a member of the Garda Síochána may, within 3 hours after the person so driving, attempting to drive or being in charge of the vehicle, at a Garda Síochána station, require the person to perform impairment tests in accordance with regulations made under this section for the purpose of assessing whether or not the person’s ability to drive is impaired.

(3) Evidence obtained under subsection (1) or (2) that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of a mechanically propelled vehicle.

(4) For the purposes of subsections (1) and (2) the Minister may prescribe—

(a) the kinds of impairment tests that may be required to be performed,

(b) the manner in which such a test may be administered,

(d) the kind of observation of physical state that may be made in the course of such a test,

(e) the inferences that may be drawn from observations made in the course of such a test, and

(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section consisting of failing to comply with a requirement under subsection (1).

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]

Annotations

Amendments:

F18
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 11, S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Modifications (not altering text):

Editorial Notes:

E21
Power pursuant to subs. (4) exercised (8.08.2017) by Road Traffic Act 2010 (Impairment Testing) (Amendment) Regulations 2017 (S.I. No. 370 of 2017).

E22
Power pursuant to subs. (3) exercised (26.11.2014) by Road Traffic Act 2010 (Impairment Testing) Regulations 2014 (S.I. No. 534 of 2014).

E23
Consequential disqualification order for offence under section provided by Road Traffic Act 1961, s. 26(1) and sch. 2 para. 5A, as inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(i), S.I. No. 147 of 2014.

E24
Previous affecting provision: section substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 11, S.I. No. 536 of 2014; substituted by F-note above.

Chapter 4

Procedure in relation to providing specimen at Garda Síochána station, etc.

Section 12

Obligation to provide breath, blood or urine specimens following arrest under Part 2.

12.— (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 Síochána may, at a Garda Síochána station F19[or hospital], 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 Síochána 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.

Annotations

Amendments:

F19
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(d), S.I. No. 542 of 2011.

Editorial Notes:

E25
Mandatory disqualification period for persons convicted of offence under section prescribed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), ss. 30(3)(e), (ii), S.I. No. 163 of 2014.

Section 13

Procedure following provision of breath specimen under section 12.

13.— (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 Síochána 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.

Annotations

Editorial Notes:

E26
Power pursuant to section exercised (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015).

E27
Previous affecting provision: power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2011 (S.I. No. 541 of 2011); revoked (22.09.2015) by Road Traffic Act 2010 (Section 13) (Prescribed Form and Manner of Statements) Regulations 2015 (S.I. No. 398 of 2015), reg. 5.

Section 13A
F20[Obligation to provide oral fluid specimen following arrest under Part 2

13A. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or F21[11(6)] of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda Síochána station or hospital, require the person to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member.

(2) A person who refuses or fails to comply immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(3) 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 Síochána for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.

(4) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]

Annotations

Amendments:

F20
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 13, S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F21
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(a), S.I. No. 405 of 2018.

Section 13B
F22[

Obligation to provide blood specimen where suspected of certain offences involving drugs

13B. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or F23[11(6)] of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána, having carried out—

(a) a preliminary oral fluid test under section 9(2A) or 10(4),

(b) impairment tests under section 11, or

is of the opinion that the person has committed an offence under section 4 consisting of a contravention of subsection (1A) of that section or an offence under section 5(1A) the member may, at a Garda Síochána station or hospital, require the person to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood.

(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 of a specimen of blood under that subsection,

commits an offence.

(3) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(4) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]

Annotations

Amendments:

F22
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 13, S.I. No. 129 of 2017. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F23
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(b), S.I. No. 405 of 2018.

Section 14

Obligation to provide blood or urine specimen while in hospital.

F24[14.— (1) Where, in a public place, an event occurs in relation to a mechanically propelled vehicle in consequence of F25[, or following,] 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 Síochána 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, subject to subsection (4) and unless the member is of opinion that the person should be arrested, the member shall, in the hospital, 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 the person 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

commits an offence and is liable on summary conviction to a class A fine 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.

F26[(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to in subsection (1) cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.]

F27[(4) Before making a requirement of a person under subsection (1) or a direction under subsection (3A) the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.]

(5) A member of the Garda Síochána may, for the purposes of making a requirement of a person under subsection (1) F28[or a direction under subsection (3A)], enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects the person to be.

(6) 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 of his or her urine under subsection (1) F29[or of taking a specimen of his or her blood as directed under subsection (3A)], enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda Síochána that the person is.

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.

(8) Nothing in this section affects any power of arrest conferred by law apart from this section.

(9) It is not a defence in any proceedings, other than proceedings under subsection (2), to show that a member of the Garda Síochána did not make a requirement under this section. ]

F30[(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed under subsection (3A).]

Annotations

Amendments:

F24
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 8, S.I. No. 542 of 2011. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

F25
Inserted (26.11.2014) by Road Traffic Ac 2014 (3/2014), s. 12(a), S.I. No. 535 of 2014.

F26
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(a), S.I. No. 535 of 2014.

F27
Substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(a)(iii), S.I. No. 535 of 2014.

F28
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(a), S.I. No. 535 of 2014.

F29
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(a), S.I. No. 535 of 2014.

F30
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(a), S.I. No. 535 of 2014.

Editorial Notes:

E28
Mandatory disqualification period for persons convicted of offence under section prescribed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), ss. 30(3)(e), (ii), S.I. No. 163 of 2014.

Section 15

Procedure regarding taking of specimens of blood and provisions of specimens of urine.

15.— (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 F31[(other than a specimen taken under section 14(3A))] or urine of a person has been divided into 2 parts under subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers and inform the person that he or she may retain either of the containers.

F32[(3) As soon as practicable after—

(a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or

(b) in the case of any other specimen, subsection (2) has been complied with,

a member of the Garda Síochána shall cause to be forwarded to the Bureau—

(i) the completed form referred to in subsection (1),

(ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both 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.

Annotations

Amendments:

F31
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(b)(i), S.I. No. 535 of 2014.

F32
Substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(b)(ii), S.I. No. 535 of 2014.

Editorial Notes:

E29
Power pursuant to s. 17 exercised (13.04.2017) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2017 (S.I. No. 151 of 2017), in effect as per reg. 1(2).

E30
Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) Regulations 2011 (S.I. No. 540 of 2011), regs. 4, 5 and sch. 2, in effect as per reg. 1(2).

Section 16

Detention of intoxicated drivers where a danger to selves or others.

16.— (1) Where a person is at a Garda Síochána 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 Síochána station, if the member of the Garda Síochána 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 Síochána so in charge considers necessary.

(2) Where a person is detained under subsection (1), the member of the Garda Síochána for the time being in charge of the Garda Síochána 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 Síochána for the time being in charge of the Garda Síochána 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 Síochána for the time being in charge of the Garda Síochána 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).

Section 17

Procedure at Bureau regarding specimens.

F33[17. (1) As soon as practicable after it has received a specimen forwarded to it under section 15, the Bureau shall analyse the specimen and may determine, as appropriate, all or any of the following:

(a) the concentration of alcohol in the specimen;

(b) 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 F34[, subject to section 17A(3),] forward to the Garda Síochána 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.

Annotations

Amendments:

F33
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 14, S.I. No. 129 of 2017.

F34
Inserted (26.11.2014) by Road Traffic Act (3/2014), s. 12(c), S.I. No. 535 of 2014.

Editorial Notes:

E31
Power pursuant to section exercised (1.10.2020) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2020 (S.I. No. 385 of 2020), in effect as per reg. 1(2).

E32
Power pursuant to section exercised (13.04.2017) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2017 (S.I. No. 151 of 2017), in effect as per reg. 1(2).

E33
Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) Regulations 2011 (S.I. No. 540 of 2011), regs. 4, 5 and sch. 2, in effect as per reg. 1(2).

Section 17A 17A
F35[

Permission following taking of blood sample from unconscious driver

17A.— (1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to in section 14(1), require that person to give his or her permission for a completed certificate to be forwarded under section 17.

(2) A member of the Garda Síochána shall notify the Bureau as soon as practicable after he or she has been given the permission of a person following a requirement under subsection (1).

(3) Where the Bureau receives a specimen under section 17 taken from a person under section 14(3A) the Bureau shall not forward a completed certificate under section 17(3) unless the Bureau has received a notification under subsection (2) in relation to that specimen.

(4) The Minister may prescribe forms for the purposes of this section.

(5) A person who, following a requirement under subsection (1), without reasonable excuse, refuses or fails to give his or her permission for a completed certificate to be forwarded under section 17 commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) In a prosecution for an offence under subsection (5) for refusing or failing to give permission for a completed certificate to be forwarded under section 17, 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 subsection (1).

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.]

Annotations

Amendments:

F35
Inserted (26.11.2014) by Road Traffic Act (3/2014), s. 12(d), S.I. No. 535 of 2014. A class A fine means a fine not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E34
Consequential disqualification order for offence under section prescribed by Road Traffic Act 1961 (24/1961), s. 26(1) and sch. 2 para. 6A, as inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(ii), S.I. No. 535 of 2014.

Chapter 5

Evidential matters, etc.

Section 18

Provisions regarding certain evidence in prosecutions under section 4 or 5.

18.—F36[(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 an intoxicant after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12, 13B or 14.]

(2) Where, on the hearing of a charge for an offence undersection 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.

F37[(2A) Where, on the hearing of a charge for an offence under section 4(1A) or 5(1A) 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, 13B or 14, he or she had consumed a drug specified in column (2) of the Schedule, the court shall disregard the evidence unless satisfied by or on behalf of the defendant that, but for that consumption, the concentration of the specified drug in the defendant’s blood (as specified in a certificate under section 17) would not have been equal to or exceeded the concentration of that drug for the time being standing specified in the Schedule.]

(3) (a) A person shall not take or attempt to take any action (including consumption of F38[an intoxicant] 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 F38[an intoxicant] 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).

Annotations

Amendments:

F36
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 15(a), S.I. No. 129 of 2017.

F37
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 15(b), S.I. No. 129 of 2017.

F38
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 15(c), S.I. No. 129 of 2017.

Section 19

Written statement by member of Garda Síochána in respect of requirement under section 12(1).

19.— (1) In any proceedings against a person for an offence under section 4 or 5 , a written statement by a member of the Garda Síochána in respect of either the making of a requirement F39[under section 12(1), 13B(1), 14(1) or 14(3A)] 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 F39[under section 12(1), 13B(1), 14(1) or 14(3A)], 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 Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána 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

(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

Annotations

Amendments:

F39
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 16, S.I. No. 129 of 2017.

Editorial Notes:

E35
Previous affecting provision: subs. (1) amended (26.11.2014) by Road Traffic Act (3/2014), s. 12(e), S.I. No. 535 of 2014; substituted as per F-note above.

Section 20

Provisions regarding certain evidence in proceedings under Part 2.

20.— (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 Síochána 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.

F40[(4) In a prosecution for an offence under section 4, 5, 12, 13B 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), 13B(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 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, 13B 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 2016, 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.]

Annotations

Amendments:

F40
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 17, S.I. No. 129 of 2017.

Editorial Notes:

E36
Previous affecting provision: offence under subs. (4)(b) in respect of contraventions of Small Public Service Vehicles (SPSV) regulations made subject to application of Road Traffic Act 1961 (24/1961), s. 103 (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 77(2)(a), S.I. No. 163 of 2014; subs. (2) deleted (1.06.2017) as per s. 77(4) and S.I. No. 241 of 2017.

Section 21
Costs of prosecutions under Part 2.

21.— (1) Where a person is convicted of an offence under F41[under section 4, 5, 12, 13B, 14 or 17A], 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.

Annotations

Amendments:

F41
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 18, S.I. No. 129 of 2017.

Editorial Notes:

E37
Power pursuant to section exercised (26.11.2012) by Road Traffic Act 2010 (Section 21) (Costs and Expenses) Regulations 2012 (S.I. No. 477 of 2012), reg. 3.

E38
Previous affecting provision: subs. (1) amended (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(f), S.I. No. 535 of 2014; substituted as per F-note above.

Section 22

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

22.— (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 F42[or designated nurse] 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.

F43[(4A) In a prosecution of a person for an offence under section 13B 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 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.]

(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.

Annotations

Amendments:

F42
Inserted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 48(a), S.I. No. 105 of 2013.

F43
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 19, S.I. No. 129 of 2017.

Section 23

Bar to certain defence to charges under section 4(1), 5(1) or 6(1).

23.— 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.

Chapter 6

Medical examination at Garda Síochána station or hospital

Section 24

Medical examination at Garda Síochána station or hospital.

24.— (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 Síochána, at a Garda Síochána 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.

F44[(5) A member of the Garda Síochána 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.

(6) A designated doctor or designated nurse may, for the purpose of carrying out a medical examination under subsection (1), enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda Síochána that the person is.

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. ]

Annotations

Amendments:

F44
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(e), S.I. No. 542 of 2011.

Section 25

Evidential matters.

25.— (1) In any proceedings against a person for an offence under section 24(2), a written statement by a member of the Garda Síochána 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 Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána 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

(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

(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) F45[…]

Annotations

Amendments:

F45
Deleted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(f), S.I. No. 542 of 2011.

Chapter 7

Functions of Bureau

Section 26
Functions of Bureau.

26.— (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,

F46[(b) the determination, in respect of such specimens, of—

(i) the concentration of alcohol in the blood or urine,

(ii) the presence (if any) of a drug or drugs in the blood or urine, and

(iii) the concentration of a drug or drugs present in the blood,]

(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,

F47[in the breath,]

F48[(f) the approval of apparatus for indicating the presence of drugs in oral fluid.]

(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.

F49[(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,

(b) arrange for the supply and testing of apparatus for indicating the presence of drugs in oral fluid, and

(c) 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),”.

Annotations

Amendments:

F46
Substituted (30.03.2017) by Road Traffic Act 2016 (21/2016), s. 20(a)(i), S.I. No. 129 of 2017.

F47
Substituted (30.03.2017) by Road Traffic Act 2016 (21/2016), s. 20(a)(ii), S.I. No. 129 of 2017.

F48
Inserted (30.03.2017) by Road Traffic Act 2016 (21/2016), s. 20(a)(iii), S.I. No. 129 of 2017.

F49
Substituted (30.03.2017) by Road Traffic Act 2016 (21/2016), s. 20(b), S.I. No. 129 of 2017.

Section 27
Protection of Director, etc., against legal proceedings.

27.— 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.

Section 28
Functions of Director.

28.— 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.”.

Chapter 8

Fixed penalty notice — drink driving

Section 29

Fixed penalty notice — drink driving.

29.— (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,

(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 F50[and the disqualification specified in subsection (8)(a) 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

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 Síochána, 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,

(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 Síochána, 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 F50[the date of commencement of the disqualification] following payment of the fixed charge in accordance with the notice.

(6) F51[…]

(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.

F52[(8) Where—

(a) a person who is eligible under subsection (1) to be served with a fixed penalty notice pays the fixed charge 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 this Part—

F53[(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 107 milligrammes of alcohol per 100 millilitres of urine, or 35 microgrammes of alcohol per 100 millilitres of breath, the person shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to in subsection (15), or]

(ii) exceeded 80 milligrammes but did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, exceeded 107 milligrammes but did not exceed 135 milligrammes of alcohol per 100 millilitres of urine, or exceeded 35 microgrammes but did not exceed 44 microgrammes of alcohol per 100 millilitres of breath, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to in F53[subsection (15)],

(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 F53[subsection (15)]. ]

(9) Where a member of the Garda Síochána 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 F52[this Part],

(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 Síochána at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,

F54[(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 appropriate period in the circumstances referred to in paragraph (a) or (b) of subsection (8), 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 Síochána to the person who has paid the charge.

(b) Subject to paragraph (c), the payment of the fixed charge received by the Garda Síochána 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 Síochána 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 F54[cause the period of the disqualification referred to in paragraph (a) or (b) of subsection (8)], to be endorsed on the entry in the licence record relating to the person.

F54[(15) Where an endorsement 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.]

(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 F55[…], 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.

F56[(18A) A document purporting to be a certificate or receipt of posting or delivery issued by F57[or on behalf of] 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 penalty notice,]

(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 Síochána 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.

Annotations

Amendments:

F50
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(c)(i), (ii), S.I. No. 405 of 2018, subject to transitional provision in subs. (2).

F51
Deleted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(c)(iii), S.I. No. 405 of 2018, subject to transitional provision in subs. (2).

F52
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(g)(i),(ii), S.I. No. 542 of 2011.

F53
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(c)(iv), S.I. No. 405 of 2018, subject to transitional provision in subs. (2).

F54
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 2(1)(c)(v), (vi), (vii), S.I. No. 405 of 2018, subject to transitional provision in subs. (2).

F55
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 54(a), S.I. No. 5 of 2013.

F56
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(g)(iii), S.I. No. 542 of 2011.

F57
Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 20(b), S.I. No. 147 of 2014.

Editorial Notes:

E39
Form of fixed penalty notice prescribed for purposes of subs. (10) (17.11.2011) by Road Traffic Act 2010 (Fixed Penalty Notice – Drink Driving) Regulations 2011 (S.I. No. 595 of 2011), reg. 3 and sch., in effect as per reg. 2.

E40
Previous affecting provision: subs. (11)(e) amended (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 20(a), S.I. No. 147 of 2014; substituted as per F-note above.

Chapter 9

Transitional measures

Section 30

Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

30.— (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 Síochána 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 Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána 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

(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

Section 31
Amendment of section 39(2) of Act of 1994 — power of entry.

F58[31.— Section 39(2) of the Act of 1994 is amended by inserting “making a requirement of the person under section 12(2) of this Act or section 4(4) of the Road Traffic Act 2006, or” after “for the purpose of”.]

Annotations

Amendments:

F58
Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(h), S.I. No. 542 of 2011.

Section 32
Amendment of section 5 of Act of 2006 — fixed disqualification notice.

32.— F59[…]

Annotations

Amendments:

F59
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), in effect as per s. 32(2); and repealed (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 26(b), S.I. No. 147 of 2014.

Chapter 10

Repeals (Part 2)

Section 33
Repeals — Part 2.

33.— 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,

(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.

Schedule

ROAD TRAFFIC ACT 2014

Obligation to perform impairment tests

11. The Act of 2010 is amended by substituting for section 11 the following:

“11. (1) Where a member of the Garda Síochána is of opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(2) Evidence obtained under this section that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of the vehicle referred to in subsection (1).

(3) For the purposes of subsection (1) the Minister may prescribe—

(a) the kinds of impairment tests that may be required to be performed,

(b) the manner in which such a test may be administered,

(d) the kind of observation of physical state that may be made in the course of such a test,

(e) the inferences that may be drawn from observations made in the course of such a test, and

(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(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 class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(5) A member of the Garda Síochána 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.”.

Section 12

Amendment of Act of 2010 — taking of blood from unconscious driver

12. The Act of 2010 is amended—

(a) in section 14 (inserted by section 8 of the Road Traffic (No. 2) Act 2011)—

(i) in subsection (1), by inserting “, or following,” after “in consequence of”,

(ii) by inserting after subsection (3) the following:

“(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to in subsection (1) cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.”,

(iii) by substituting for subsection (4) the following:

“(4) Before making a requirement of a person under subsection (1) or a direction under subsection (3A) the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.”,

(iv) in subsection (5), by inserting “or a direction under subsection (3A)” after “under subsection (1) ”,

(v) in subsection (6), by inserting “or of taking a specimen of his or her blood as directed under subsection (3A)” after “under subsection (1) ” and

(vi) by inserting after subsection (9) the following:

“(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed under subsection (3A).”,

(b) in section 15—

(i) in subsection (2), by inserting “(other than a specimen taken under section 14(3A))” after “of blood”, and

(ii) by substituting for subsection (3) the following:

“(3) As soon as practicable after—

(a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or

(b) in the case of any other specimen, subsection (2) has been complied with,

a member of the Garda Síochána shall cause to be forwarded to the Bureau—

(i) the completed form referred to in subsection (1),

(ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both sealed containers.”,

(d) by inserting after section 17 the following:

“Permission following taking of blood sample from unconscious driver

17A. (1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to in section 14(1), require that person to give his or her permission for a completed certificate to be forwarded under section 17.

(2) A member of the Garda Síochána shall notify the Bureau as soon as practicable after he or she has been given the permission of a person following a requirement under subsection (1).

(4) The Minister may prescribe forms for the purposes of this section.

(7) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”,

(e) in section 19, by inserting “or (3A)” after “or 14(1) ” in both places where it occurs, and

(f) in section 21, by substituting “, 14 or 17A” for “or 14”.

Section 13

Amendment of Principal Act — consequential disqualification order

13. The Principal Act is amended—

(a) in section 26(4) (a) (v), by substituting “, 14 or 17A” for “or 14”, and

(b) in the Second Schedule (as amended by section 43 of the Act of 2012)—

(i) by inserting after paragraph 5 the following:

“Failure to comply with requirement to perform impairment test

5A. An offence under section 11 of the Road Traffic Act 2010.”,

and

(ii) by inserting after paragraph 6 the following:

“Failure to give permission to forward specimen test certificate

6A. An offence under section 17A of the Road Traffic Act 2010.”.

Intoxication Procedure

ROAD TRAFFIC ACT 1968

Definitions for Part V.

Establishment of Bureau for purposes of this Part.

Functions and duties of the Bureau.

Director of the Bureau.

Provisions of the establishment order.

Penalty on person found in a public place while under influence of intoxicating liquor or drug.

ROAD TRAFFIC ACT 2006

Mandatory alcohol testing.

Removal of disqualification.

ROAD TRAFFIC ACT 2010

Definitions.

Intoxicated Driving Offences

Interpretation — Part 2.

Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.

Roadside breath and impairment testing

Failure or refusal to produce licence.

Alternative verdicts.

Obligation to provide preliminary breath specimen.

Mandatory alcohol testing.

Preliminary impairment testing.

Procedure in relation to providing specimen at Garda Síochána station, etc.

Obligation to provide breath, blood or urine specimens following arrest under Part 2.

Procedure following provision of breath specimen under section 12.

Obligation to provide blood specimen where suspected of certain offences involving drugs

Obligation to provide blood or urine specimen while in hospital.

Procedure regarding taking of specimens of blood and provisions of specimens of urine.

Detention of intoxicated drivers where a danger to selves or others.

Procedure at Bureau regarding specimens.

Permission following taking of blood sample from unconscious driver

Evidential matters, etc.

Provisions regarding certain evidence in prosecutions under section 4 or 5.

Written statement by member of Garda Síochána in respect of requirement under section 12(1).

Provisions regarding certain evidence in proceedings under Part 2.

Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

Bar to certain defence to charges under section 4(1), 5(1) or 6(1).

Medical examination at Garda Síochána station or hospital.

Evidential matters.

Functions of Bureau

Fixed penalty notice — drink driving.

Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

Schedule

ROAD TRAFFIC ACT 2014

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