{"id":11653,"date":"2022-05-28T14:10:18","date_gmt":"2022-05-28T14:10:18","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11653"},"modified":"2024-04-13T19:37:45","modified_gmt":"2024-04-13T19:37:45","slug":"enforcement-3","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/enforcement-3\/","title":{"rendered":"Enforcement"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Garda_Enforcement\" title=\"Garda Enforcement\">Garda Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Public_Place\" title=\"Public Place\">Public Place<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Vehicles\" title=\"Vehicles\">Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Power_to_Stop\" title=\"Power to Stop\">Power to Stop<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Checkpoints\" title=\"Checkpoints\">Checkpoints<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Information_Requirement\" title=\"Information Requirement\">Information Requirement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Specific_Information\" title=\"Specific Information\">Specific Information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Powers_to_Require\" title=\"Powers to Require\">Powers to Require<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Cyclists\" title=\"Cyclists\">Cyclists<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Company_Vehicles\" title=\"Company Vehicles\">Company Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Criminal_Law_Protections\" title=\"Criminal Law Protections\">Criminal Law Protections<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Traffic_Wardens\" title=\"Traffic Wardens\">Traffic Wardens<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#Prosecution\" title=\"Prosecution\">Prosecution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/enforcement-3\/#The_General_Penalty\" title=\"The General Penalty\">The General Penalty<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#ROAD_TRAFFIC_ACT_1961\" title=\"ROAD TRAFFIC ACT 1961\">ROAD TRAFFIC ACT 1961<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#General_penalty\" title=\"General penalty.\">General penalty.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Duties_on_occurrence_of_accident\" title=\"Duties on occurrence of accident.\">Duties on occurrence of accident.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Duty_to_give_information_on_demand_by_member_of_Garda_Siochana\" title=\"Duty to give information on demand by member of Garda S\u00edoch\u00e1na.\">Duty to give information on demand by member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Right_to_demand_name_and_address_of_pedal_cyclist\" title=\"Right to demand name and address of pedal cyclist.\">Right to demand name and address of pedal cyclist.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Obligation_to_stop\" title=\"Obligation to stop.\">Obligation to stop.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Disposition_of_vehicle_on_arrest_of_person_in_charge\" title=\"Disposition of vehicle on arrest of person in charge.\">Disposition of vehicle on arrest of person in charge.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Identification_of_member_of_Garda_Siochana\" title=\"Identification of member of Garda S\u00edoch\u00e1na.\">Identification of member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Taking_vehicle_without_authority\" title=\"Taking vehicle without authority.\">Taking vehicle without authority.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Unauthorised_interference_with_mechanism_of_vehicle\" title=\"Unauthorised interference with mechanism of vehicle.\">Unauthorised interference with mechanism of vehicle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Limitations_on_periods_of_continuous_driving\" title=\"Limitations on periods of continuous driving.\">Limitations on periods of continuous driving.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Penalty_for_false_declaration_etc\" title=\"Penalty for false declaration, etc.\">Penalty for false declaration, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Liability_of_Minister_for_Finance_for_negligent_use_of_mechanically_propelled_vehicle\" title=\"Liability of Minister for Finance for negligent use of mechanically propelled vehicle.\">Liability of Minister for Finance for negligent use of mechanically propelled vehicle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Extension_of_personal_liability_for_negligent_use_of_mechanically_propelled_vehicle\" title=\"Extension of personal liability for negligent use of mechanically propelled vehicle.\">Extension of personal liability for negligent use of mechanically propelled vehicle.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Liability_in_respect_of_person_using_mechanically_propelled_vehicle_with_consent_of_owner\" title=\"Liability in respect of person using mechanically propelled vehicle with consent of owner.\">Liability in respect of person using mechanically propelled vehicle with consent of owner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Reimbursement_of_hospitals\" title=\"Reimbursement of hospitals.\">Reimbursement of hospitals.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#ROAD_TRAFFIC_ACT_2010\" title=\"ROAD TRAFFIC ACT 2010\">ROAD TRAFFIC ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Regulatory_signs\" title=\"Regulatory signs.\">Regulatory signs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Duty_to_give_information_on_demand_by_member_of_Garda_Siochana-2\" title=\"Duty to give information on demand by member of Garda S\u00edoch\u00e1na.\">Duty to give information on demand by member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Right_to_demand_name_and_address_etc_of_pedal_cyclist\" title=\"Right to demand name and address, etc., of pedal cyclist.\">Right to demand name and address, etc., of pedal cyclist.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Evidence_in_relation_to_speeding_and_certain_other_offences\" title=\"Evidence in relation to speeding and certain other offences.\">Evidence in relation to speeding and certain other offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Cost_of_prosecutions_%E2%80%94_road_traffic_offences\" title=\"Cost of prosecutions \u2014 road traffic offences.\">Cost of prosecutions \u2014 road traffic offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Functions_of_Commissioner_of_Garda_Siochana\" title=\"Functions of Commissioner of Garda S\u00edoch\u00e1na.\">Functions of Commissioner of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Regulations_%E2%80%94_control_of_driving_instructors\" title=\"Regulations \u2014 control of driving instructors.\">Regulations \u2014 control of driving instructors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Display_of_local_authority_permits\" title=\"Display of local authority permits.\">Display of local authority permits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Detention_of_vehicles\" title=\"Detention of vehicles.\">Detention of vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/enforcement-3\/2\/#Certificates_of_competency_%E2%80%94_display_of_tax_disc_and_test_certificate\" title=\"Certificates of competency \u2014 display of tax disc and test certificate.\">Certificates of competency \u2014 display of tax disc and test certificate.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Garda_Enforcement\"><\/span>Garda Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Road traffic legislation is administered and enforced by An Garda Siochana under the Road Traffic Acts. There exists a vast quantity of road traffic legislation regulating vehicles and driver conduct.<\/p>\n<p>The Gardai have wide powers of enforcement.\u00a0 There are numerous specific powers of arrest under road traffic legislation where An Garda Siochana member has reasonable grounds to believe an offence has been committed. \u00a0An Garda Siochana have more thoroughgoing powers in relation to public service vehicles.<\/p>\n<p>Where members of an Garda Siochana make a requirement request or demand under a power in the Road Traffic Act they must be in uniform or produce evidence of identification if requested.<\/p>\n<p>An Garda Siochana can operate checks and checkpoints.\u00a0 They have powers to make random checks.<\/p>\n<p>Vehicle insurers are obliged to give notice to the Revenue Commissioners of particulars of policies issued with vehicle particulars for the purpose of verification and crosschecking under the registration system.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Place\"><\/span>Public Place<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally ,the Road Traffic Acts require proof that an offence took place at a public place.\u00a0 There has been a good deal of case law on the subject.\u00a0 The legislation defines a public place as any public road or any street, road or other place, to which the public have access with a vehicle whether as of right or by permission or whether or not subject or free of charge.<\/p>\n<p>A road may be a public road where it may be entered by implied permission of the owner particularly where there is no physical obstruction to access.\u00a0 A public road may include a small private road serving a small number of houses.<\/p>\n<p>The car park of a public house may or may not be a public place depending on circumstances.\u00a0 It is a matter of degree or fact.\u00a0 A road may be a public place during certain hours, and thereafter, for example, when a physical barrier or gate is closed, may cease to be a public place.\u00a0 The car park of a factory has been held to be a public place.<\/p>\n<p>The Gardai have statutory and common law powers to stop vehicles at random in public places where this is for the purpose of prevention and detection of offences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Vehicles\"><\/span>Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Vehicles may be inspected for compliance with road traffic legislation. \u00a0Defective cars may be examined and may be the subject of requirements.\u00a0 The person may be required to have it examined by a suitable person within a certain distance.<\/p>\n<p>Where there are reasonable grounds for believing the car is defective and is a danger to the public An Garda Siochana may require that the car not be driven and require the person to submit it for further examination.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Power_to_Stop\"><\/span>Power to Stop<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A driver of a motor vehicle in a public place must stop the vehicle on being so requested by An Garda Siochana.\u00a0 Failure to comply is an offence.<\/p>\n<p>The driver shall keep it stationary for such period as may be reasonably required to enable the member to discharge his duties.<\/p>\n<p>Gardai who exercise\u00a0 powers under the Road Traffic Act must be in uniform, or if not, must provide official identification.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Checkpoints\"><\/span>Checkpoints<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Gardai have a common law duty to detect and prevent crime.\u00a0 They may therefore require motorists \u00a0to stop vehicles in order to adequately detect and prevent crime.<\/p>\n<p>They have specific power and authority to detect and prevent drunk driving.\u00a0 \u00a0 This includes putting up the checkpoints in the vicinity of a licensed premises.<\/p>\n<p>An Garda Siochana&#8217;s powers must be used in a bona fide manner.\u00a0 They must not act in an arbitrary capricious or improper manner.\u00a0 A member of the public may question why he is being stopped.<\/p>\n<p>Although the common law powers were probably sufficient to allow stopping drivers without a specific suspicion, the 2006 Act was passed to make the position clear. It might otherwise have been argued that random and systematic Garda checkpoints for the purpose of detecting breach of the intoxicating liquors laws might not always be lawful.<\/p>\n<p>A member of an \u00a0Garda S\u00edoch\u00e1na not below them rank of Inspector may authorise the establishment of a checkpoint or checkpoints in public places.\u00a0 The authorisation may specify dates, places and hours at which it may be operated.<\/p>\n<p>A member of a Garda S\u00edoch\u00e1na at the checkpoint may stop vehicles and without limiting any other powers by law, may require the person in charge of the vehicle to give a specimen of breath or accompany him to Garda station to give a sample.\u00a0 He may be authorised to require him to leave the vehicle or move it to a place until the \u00a0person has complied with the requirement.<\/p>\n<p>A person who refuses or fails to comply with the requirement immediately y in the manner indicated or without reasonable cause, refuses to comply with the obligations, is guilty of an offense subject to on summary conviction to a fine of up to \u20ac5,000 or six months imprisonment.\u00a0 A Garda may arrest a person who is committing an offence without warrant.\u00a0 In prosecutions, it is \u00a0presumed until the contrary is shown, that the apparatus is what it purports to be.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_Requirement\"><\/span>Information Requirement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Gardai have statutory powers to request information from drivers and others in charge of vehicles. Breach of the general information requirement is an offence subject on summary conviction to a fine up to \u20ac2,000.<\/p>\n<p>Where a member of an Garda Siochana alleges to a person using a vehicle that the member suspects that the person has committed cetain specified offence under the Road Traffic Act, he may demand of that person his name, address and date of birth.\u00a0 Failure to give it without reasonable grounds or giving false or misleading information entitles the member to arrest the person without warrant.<\/p>\n<p>Where An Garda Siochana has reasonable grounds to believe an offence has been committed and the vehicle does not have registration plate\/identification marks An Garda Siochana may arrest the person concerned.<\/p>\n<p>Where a member of Garda Siochana has reasonable grounds believing that an offence has been committed involving the use of a vehicle, the owner shall if required, state whether he was actually driving the vehicle at the time.\u00a0 Failure to respond is itself an offence.<\/p>\n<p>A member of An Garda Siochana can require a person to confirm whether or not he was using a vehicle at a particular time.\u00a0 \u00a0Where the owner states he was not using the vehicle at the requisite time, he shall give information required to identify the person actually using it.\u00a0 Failure to do so or giving false or misleading information is an offence.<\/p>\n<p>Other persons if required by members of An Garda Siochana must give information which they can which may lead to identification of the person using the vehicle. \u00a0Refusal to give any of the requisite information is an offence.\u00a0 The requirement may be made personally or by registered post.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Specific_Information\"><\/span>Specific Information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of an Garda Siochana may request a person driving a mechanically propelled vehicle in a public place to sign his name in a book to be provided by the member for the purpose of comparison of signatures.\u00a0 Refusal or failure to do so is an offence<\/p>\n<p>An Garda Siochana may require the person in charge of a mechanically propelled vehicle to provide a preliminary breath sample and to provide a sample specimen of blood or urine following arrest.\u00a0 The person most accompany a member of An Garda Siochana to a Gardai station is to provide blood and urine specimens.<\/p>\n<p>A person must produce his driving licence and certificate on demand for inspection by An Garda Siochana.<\/p>\n<p>A member of an Garda Siochana may demand if a person in charge of a pedal cycle whom he suspects of having committed a crime or offence or having been concerned in a collision or other event in a public place causing injury to persons to property, the name and address of the person.\u00a0 If he fails to give the name, address and date of birth and gives false or misleading information he is guilty of an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Powers_to_Require\"><\/span>Powers to Require<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Road Traffic Act at various points contains broad powers for the Gardai, in relation to motorists and road traffic.There is a range of legislation which grants power to members of the Gardai to stop and search persons and vehicles. Generally it is a requirement that the Garda suspects with reasonable cause that a particular offence has been committed.<\/p>\n<p>There are specific stand-alone powers by which members Garda Siochana can require production for example of a licence or in the context of intoxication driving require samples and other actions<\/p>\n<p>There are statutory power to request particulars of the name and address of the cyclist where a member of a Garda Siochana suspects him of having committed a crime or an offence or having been concerned in a collision or other event causing injury. If he gives information which the member on reasonable grounds believes to be false and misleading the bicycle may be taken and retained until the person&#8217;s identity has been established<\/p>\n<p>Failure to stop and keep the vehicle stationary when required under the general power may also be subject be the subject of a fixed penalty notice with penalty points on the driver\u2019s licence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cyclists\"><\/span>Cyclists<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Section 107 powers in the Principal Act applies to pedal cyclists as well as motorists. It empowers Garda\u00ed to require name, address and date of birth from motorists in specified circumstances and to arrest a person who refuses or who gives what the Garda believes to be false or misleading information.<\/p>\n<p>The 2016 Act provides Garda powers related to cyclists which are more limited and do not involve a power of arrest. As Garda\u00ed may now issue fixed charge notices to cyclists, it is necessary to enhance Garda powers in dealing with cyclists. It is extended to cover cyclists as well as motorists, while section 108 remains in force.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Company_Vehicles\"><\/span>Company Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where the registered owner is a company and does not furnish the requisite information under the above legislation the individual who signed the application for licence \u00a0or registration or trade licence may be deemed to be driving or otherwise using a vehicle at the time of the offence.<\/p>\n<p>Where offences are committed by companies under the legislation or anyone acting on their behalf and it is proved that it was done with the consent or connivance or neglect of any director, manager, secretary or officer such person may be punished for the same offence as if he or she was guilty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Criminal_Law_Protections\"><\/span>Criminal Law Protections<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The above powers are exercised in the context of the general principle that a person should not be obliged to incriminate himself. Various cases under this and other legislation have generally upheld these powers to require information on pain of a penalty.<\/p>\n<p>For example where a member of an Garda Siochana, suspects that a vehicle is defective or a danger to the public he may stop it for inspection and if necessary test it. The member may direct that the vehicle be bought for inspection to a place within 5 miles. A direction can be made requiring the defect to be remedied. It is an offence to drive until the defect identified has been remedied. . Breach of the requirements is an offence subject on summary conviction to a fine up to \u20ac1500 and three months imprisonment or both.<\/p>\n<p>The \u201cJudges Rules\u201d require members of the Gardai, who have made their mind up to charge a person to give a warning that what they say may be used in evidence against them. The court has a discretion to exclude evidence thereby obtained. In most cases Garda enquiries may be made at a time before it will be evident that the Garda has made his or her mind up to charge the person concerned.<\/p>\n<p>The courts have upheld these types of provision notwithstanding the privilege against self-incrimination. A statement made pursuant to the power may not however be voluntary and may be ruled inadmissible as evidence in certain circumstances. It does not follow that the process is unlawful<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Traffic_Wardens\"><\/span>Traffic Wardens<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Traffic wardens are appointed by the Department of Justice and have some \u00a0of the powers of a member of an Garda Siochana.\u00a0 Traffic wardens may be retained under contract with the Department on such terms as may be specified.<\/p>\n<p>Traffic wardens may issue on the spot fines under certain circumstances. \u00a0Traffic wardens are appointed by local authorities under local authority legislation.\u00a0 On the spot fines maybe physically affixed to the vehicle by traffic wardens.<\/p>\n<p>Traffic wardens have access to registers of vehicle ownerships and records.\u00a0 They may require information as to the identity of the registered owner or anybody in his employment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Prosecution\"><\/span>Prosecution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The vast majority of road traffic offences are prosecuted summarily in the District Court. \u00a0See the other chapters in our guide in relation to summary prosecution in the District Court.\u00a0 The general rules of evidence apply.\u00a0 In particular cases there are modifications to facilitate administration.<\/p>\n<p>Prosecutions may be conducted by An Garda Siochana by themselves or with Chief State Solicitor or County Solicitor assistance.<\/p>\n<p>Generally road traffic offences are held at a particular time or sitting of the District Court.\u00a0 It is not unusual for dozens if not hundreds of offences to be listed for a single hearing.\u00a0 Generally the cases last a relatively short length of time.\u00a0 In a great many cases a solicitor is retained and appears to make a plea of guilty to the offence concerned.<\/p>\n<p>In some cases evidence may be tested and the Court will hear whether the offence was proved in the usual way.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_General_Penalty\"><\/span>The General Penalty<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The general penalty for breach of the Road Traffic Act applies to offences for which a specific punishment or sanction is not specified.\u00a0 The general penalties are as follows.<\/p>\n<ul>\n<li>on a first offence to \u20ac1,000<\/li>\n<li>on a second offence or third subsequent offence other than an offence next mentioned to fine up to \u20ac2,000<\/li>\n<li>in the case of a third or a subsequent offence, a fine of up to \u20ac2,000 \u00a0\u00a0and imprisonment for up to three months or both.<\/li>\n<\/ul>\n<p>The Minister for Justice may by regulation provide for fixed charge offences.\u00a0 They may apply to the Road Traffic Acts or the Road Transport Acts.\u00a0 It may entail breaches of \u00a0European Communities regulations regarding road transport and carriage of vehicle.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 1961<\/h2>\n<p>PART IX.<\/p>\n<p>Miscellaneous.<\/p>\n<p>Section 102<\/p>\n<h4>General penalty.<\/h4>\n<p>102.\u2014Where a person is guilty of an offence under any section or subsection of a section of F214[the Road Traffic Acts, 1961 to 1994] and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction\u2014<\/p>\n<p>(a) in the case of a first offence under that section or subsection\u2014to F215[a fine not exceeding \u20ac1,000],<\/p>\n<p>(b) in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph\u2014to F216[a fine not exceeding \u20ac2,000], and<\/p>\n<p>(c) in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months\u2014to F217[a fine not exceeding \u20ac2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F214<br \/>\nSubstituted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994.<\/p>\n<p>F215<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 20, S.I .No. 86 of 2007. A fine of \u20ac1,000 translates into a class D fine not exceeding \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F216<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 21, S.I .No. 86 of 2007. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F217<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 22, S.I .No. 86 of 2007. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F218<br \/>\nSubstituted by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C77<br \/>\nProspective affecting provision: section amended by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>102.\u2014Where a person is guilty of an offence under any section or subsection of a section of F218[this Act] and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction\u2014 &#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E908<br \/>\nPenalty under section may be supplemented by penalty under Road Traffic Act 1968 (25\/1968), s. 56(1) as substituted (12.11.1986) by Dublin Transport Authority Act 1986 (15\/1986), s. 33(10), S.I. No. 357 of 1986.<\/p>\n<p>E909<br \/>\nPrevious affecting provision: fines in paras. (a)-(c) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1, ref. nos. 21-23, S.I. No. 491 of 2002. Fines increased as per F-notes above.<\/p>\n<p>E910<br \/>\nPrevious affecting provision: section amended (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994. Section amended as per above F-note.<\/p>\n<p>E911<br \/>\nPrevious affecting provision: fines in paras. (a)-(c) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 2, commenced on enactment. Fines increased as per E-notes above.<\/p>\n<p>Section 103<br \/>\nSpecial provision applying where certain offences are alleged to have been committed.<\/p>\n<p>103.\u2014F219[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F219<br \/>\nRepealed (1.06.2017) by Road Traffic Act 2010 (25\/2010), s. 49(a), S.I. No. 241 of 2017.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E912<br \/>\nPrevious affecting provision: notice under section construed as notice under this Part (1.06.2017) by Road Traffic Act 2010 (25\/2010), s. 47(3), S.I. No. 241 of 2017; section repealed as per F-note above.<\/p>\n<p>E913<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (17.04.2016) by Road Traffic (Fixed Charge Offences-Tyres) Regulations 2016 (S.I. No. 167 of 2016); section repealed as per F-note above.<\/p>\n<p>E914<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (31.07.2015) by Road Traffic (Fixed Charge Offences) (Prescribed Notice and Document) Regulations 2015 (S.I. No. 333 of 2015); section repealed as per F-note above.<\/p>\n<p>E915<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (31.07.2015) by Road Traffic (Fixed Charge Offences \u2014Cyclists) Regulations 2015 (S.I. No. 331 of 2015); section repealed as per F-note above.<\/p>\n<p>E916<br \/>\nPrevious affecting provision: power pursuant to section exercised (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014); section repealed as per F-note above.<\/p>\n<p>E917<br \/>\nPrevious affecting provision: power pursuant to section exercised (14.11.2014) by Road Traffic Acts 1961 to 2014 (Small Public Service Vehicle) (Fixed Charge Offences) Regulations 2014 (S.I. No. 507 of 2014); section repealed as per F-note above.<\/p>\n<p>E918<br \/>\nPrevious affecting provision: endorsement of certain penalty points (1.08.2014 to 25.12.2014) by Road Traffic (No. 2) Act 2014 (39\/2014), commenced on enactment; spent.<\/p>\n<p>E919<br \/>\nPrevious affecting provision: certain offences under European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006) made under subs. (1)(d) declared to be fixed charge offences and amounts set for fixed charges in respect of contravention (3.08.2012) by Road Traffic Acts 1961 to 2011 (Fixed Charge Offences) Regulations 2012 (S.I. No. 294 of 2012), regs. 4, 5(c)(ii) and sch. 3 part 2. See also European Communities (Compulsory use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No 240 of 2006); section repealed as per F-note above.<\/p>\n<p>E920<br \/>\nPrevious affecting provision: onus transitionally placed on registered owner to show proof of giving or sending name and address for the purposes of subss. (4)(i) and (13) (25.07.2012) by Road Traffic Act 2010 (25\/2010), s. 48(1), S.I. No. 293 of 2012; section repealed as per F-note above.<\/p>\n<p>E921<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (1.09.2006) by Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone While Driving) Regulations 2006 (S.I. No. 444 of 2006); section repealed as per F-note above.<\/p>\n<p>E922<br \/>\nPrevious affecting provision: application of subs. (5)(b) transitionally modified (25.07.2012) by Road Traffic Act 2010 (25\/2010), s. 48(2) and (4), S.I. No. 293 of 2012; section repealed as per F-note above. Note: the reference to subs. (5)(b) of s. 103 appears to refer to subs. (4) as there is no para. (b) in subs. (5).<\/p>\n<p>E923<br \/>\nPrevious affecting provision: subs. (4)(b) substituted (25.07.2012) by Road Traffic Act 2010 (25\/2010), s. 48(3), S.I. No. 293 of 2012; section repealed as per F-note above.<\/p>\n<p>E924<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (4.05.2009) by Road Traffic Acts 1961 To 2007 (Fixed Charge offences) (Prescribed Notice and Document) Regulations 2009 (S.I. No. 113 of 2009); revoked (31.07.2015) by Road Traffic (Fixed Charge Offences) (Prescribed Notice and Document) Regulations 2015 (S.I. No. 333 of 2015).<\/p>\n<p>E925<br \/>\nPrevious affecting provision: section amended (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 14(a), (c)-(h), S.I. No. 384 of 2006; repealed as per F-note above.<\/p>\n<p>E926<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), in effect as per reg. 2. The first enabling section, s. 5, remains in force. The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25\/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017).<\/p>\n<p>E927<br \/>\nPrevious affecting provision: deemed user of vehicle for purposes of subs. (11) provided and application of subs. (8)(h) extended (24.01.2005) by Road Traffic Act 2004 (44\/2004), ss. 19 and 20, S.I. No. 26 of 2005; repealed (1.06.2017) by Road Traffic Act 2010 (25\/2010), s. 49(c), S.I. No. 241 of 2017.<\/p>\n<p>E928<br \/>\nPrevious affecting provision: subss. (1) and (9)(a) substituted (24.01.2005) by Road Traffic Act 2004(44\/2004), s. 18(1)(a), (g), S.I. No. 26 of 2005; substituted as per E-note above.<\/p>\n<p>E929<br \/>\nPrevious affecting provision: subs. (4)(b) substituted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(b), S.I. No. 26 of 2005; substituted as per E-note above.<\/p>\n<p>E930<br \/>\nPrevious affecting provision: subs. (6A) inserted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(c), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E931<br \/>\nPrevious affecting provision: subs. (7)(b) and (c) substituted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(d), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E932<br \/>\nPrevious affecting provision: subs. (8)(b), (c) and (h) substituted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(e), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E933<br \/>\nPrevious affecting provision: subs. (8A) inserted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(f), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E934<br \/>\nPrevious affecting provision: subs. (10) substituted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(h), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E935<br \/>\nPrevious affecting provision: subs. (23) inserted (24.01.2005) by Road Traffic Act 2004 (44\/2004), s. 18(1)(i), S.I. No. 26 of 2005; section repealed as per F-note above.<\/p>\n<p>E936<br \/>\nPrevious affecting provision: subs. 19(d) amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33\/2004), s. 61(1) and sch. 2 part 1, commenced on enactment; section repealed as per F-note.<\/p>\n<p>E937<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (25.08.2003) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003 (S.I. No. 322 of 2003); revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(c).<\/p>\n<p>E938<br \/>\nPrevious affecting provision: procedure regarding penalty point offences prescribed (31.10.2002 and 1.06.2003) by Road Traffic Act 2002 (12\/2002), s. 2(1), S.I. No. 491 of 2002 and S.I. No. 214 of 2003, as substituted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39\/2014), s. 2(1), commenced on enactment; section repealed as per F-note above.<\/p>\n<p>E939<br \/>\nPrevious affecting provision: section substituted (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 11(1), S.I. No. 491 of 2002, subject to transitional provisions in subss. (2) and (3); repealed as per F-note above.<\/p>\n<p>E940<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (31.10.2002) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 (S.I. No. 492 of 2002); revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(b).<\/p>\n<p>E941<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (29.01.1999) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 (S.I. No. 12 of 1999); revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(a).<\/p>\n<p>E942<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.10.1997) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1997 (S.I. No. 396 of 1997); revoked (29.01.1999) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 (S.I. No. 12 of 1999), reg. 6.<\/p>\n<p>E943<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.12.1996) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1996 (S.I. No. 319 of 1996); revoked (1.10.1997) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1997 (S.I. No. 396 of 1997), reg. 7.<\/p>\n<p>E944<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995); revoked (1.12.1996) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1996 (S.I. No. 319 of 1996), reg. 7.<\/p>\n<p>E945<br \/>\nPrevious affecting provision: subss. (2)(b), (3)(b), (4)(a) and (b), (8) substituted (1.06.1995) by Road Traffic Act 1994 (7\/1994), s. 43, S.I. No. 86 of 1995; section substituted as per E-note above.<\/p>\n<p>E946<br \/>\nPrevious affecting provision: words substituted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994. Section substitued as per E-note above.<\/p>\n<p>E947<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (30.01.1990) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1990 (S.I. No. 23 of 1990); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E948<br \/>\nPrevious affecting provision: subs. (1) substituted (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34\/1987), s. 10(1)(a), commenced as per s. 15(5); subs. (1) substituted as per above E-note.<\/p>\n<p>E949<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.01.1987) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1986 (S.I. No. 443 of 1986); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E950<br \/>\nPrevious affecting provision: subs. (1) substituted (12.11.1986) by Dublin Transport Authority Act 1986 (15\/1986), s. 44, S.I. No. 357 of 1986; subs. (1) substituted as per E-note above.<\/p>\n<p>E951<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (2.09.1985) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1985 (S.I. No. 255 of 1985); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E952<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.05.1983) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1983 (S.I. No. 90 of 1983); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E953<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (20.06.1979) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1979 (S.I. No. 167 of 1979); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E954<br \/>\nPrevious affecting provision: application of section extended (18.08.1976) by Finance Act 1976 (16\/1976), s. 74(1), S.I. No. 185 of 1976; section repealed as per F-note above.<\/p>\n<p>E955<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976); revoked (1.06.1995) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1995 (S.I. No. 87 of 1995), reg. 6 and sch. 2.<\/p>\n<p>E956<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.09.1975) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1975 (S.I. No. 158 of 1975); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>E957<br \/>\nPrevious affecting provision: power pursuant to section and s. 5 exercised (6.08.1974) byRoad Traffic Act 1961 (Section 103)(Offences) (Amendment) Regulations 1974(S.I. No. 246 of 1974); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>E958<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.02.1971) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1971 (S.I. No. 12 of 1971); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>E959<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (9.01.1970) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1970 (S.I. No. 4 of 1970); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>E960<br \/>\nPrevious affecting provision: subs. (6A) inserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968. Section substituted and new subs. (6A) later inserted as per E-notes above.<\/p>\n<p>E961<br \/>\nPrevious affecting provision: subss. (2), (3) amended and subs. (8) inserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 64(1), S.I. No. 169 of 1968. Amendments substituted as per E-notes above.<\/p>\n<p>E962<br \/>\nPrevious affecting provision: power pursuant to this section and s. 5 exercised (1.08.1964) by Road Traffic Act 1961 (Section 103) (Offences) (Amendment) Regulations 1964 (S.I. No. 191 of 1964); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>E963<br \/>\nPrevious affecting provision: power pursuant to subss. (1)-(3) and s. 5 exercised (30.05.1962) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1962 (S.I. No. 91 of 1962); revoked (10.08.1976) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 1976 (S.I. No. 188 of 1976), reg. 6 and sch. 2.<\/p>\n<p>Section 104<br \/>\nNotice of offence.<\/p>\n<p>104.\u2014F220[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F220<br \/>\nRepealed in relation to offences under this section committed after 31.10.2002 (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 25(2), S.I. No. 491 of 2002.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E964<br \/>\nPrevious affecting provision: section amended (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968. Section repealed as per above F-note.<\/p>\n<p>Section 105<br \/>\nEvidence of speed.<\/p>\n<p>105.\u2014F221[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F221<br \/>\nRepealed (1.06.2003) by Road Traffic Act 2002 (12\/2002), s. 25(2), S.I. No. 214 of 2003.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E965<br \/>\nPrevious affecting provision: para. (b) amended (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 44, S.I. No. 222 of 1994. Section repealed as per above F-note.<\/p>\n<p>Section 106<\/p>\n<h4>Duties on occurrence of accident.<\/h4>\n<p>106.\u2014(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:<\/p>\n<p>(a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;<\/p>\n<p>F222[(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;]<\/p>\n<p>(b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;<\/p>\n<p>(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda S\u00edoch\u00e1na or, if no such member is present, to one person entitled under this section to demand such information;<\/p>\n<p>F223[(d) if\u2014<\/p>\n<p>(i) injury is caused to property other than that of the driver of the vehicle and for any reason he or, if he is killed or incapacitated, the person then in charge of the vehicle does not at the place of the occurrence give the appropriate information to a person entitled under this section to demand it, or<\/p>\n<p>(ii) injury is caused to a person other than the driver of the vehicle,<\/p>\n<p>the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall, unless he had already given the appropriate information to a member of the Garda S\u00edoch\u00e1na, report the occurrence as soon as possible to such a member and, if necessary, shall go for that purpose to the nearest convenient Garda station and also give on demand the appropriate information to the member.]<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and<\/p>\n<p>(b) the member is not aware of the place where the vehicle is being kept,<\/p>\n<p>the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement.<\/p>\n<p>(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable F224[\u2026]\u2014<\/p>\n<p>(a) in a case in which injury is caused to person, F225[on summary conviction,] to F226[a fine not exceeding \u20ac2,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and<\/p>\n<p>F222[(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) \u2014<\/p>\n<p>(i) does so with intent to escape civil or criminal liability, and<\/p>\n<p>(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,<\/p>\n<p>on conviction on indictment to a fine not exceeding \u20ac10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,<\/p>\n<p>(ab) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and<\/p>\n<p>(i) knows that the person to whom injury has been caused is dead, or<\/p>\n<p>(ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results,<\/p>\n<p>on conviction on indictment to a fine not exceeding \u20ac20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment,]<\/p>\n<p>(b) in any other case, F225[on summary conviction,] to F227[a fine not exceeding \u20ac1,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.<\/p>\n<p>F228[(3A) A member of the Garda S\u00edoch\u00e1na may arrest without warrant a person who in the member\u2019s opinion is committing or has committed an offence under subsection (3) of this section where the contravention involves or, as may be appropriate, involved non-compliance with paragraph (a) or (b) of subsection (1) of this section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the first-mentioned person is, or as may be appropriate, was in the member\u2019s opinion the driver of the vehicle concerned.<\/p>\n<p>F222[(3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.]]<\/p>\n<p>(4) In this section \u201cappropriate information\u201d means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920, or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act.<\/p>\n<p>(5) The persons entitled under this section to demand the appropriate information are\u2014<\/p>\n<p>(a) in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise,<\/p>\n<p>(b) in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property,<\/p>\n<p>(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.<\/p>\n<p>(6) (a) Where\u2014<\/p>\n<p>(i) a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and<\/p>\n<p>(ii) the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises,<\/p>\n<p>the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection.<\/p>\n<p>(b) On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant\u2014<\/p>\n<p>(i) authorise any specified member or members of the Garda S\u00edoch\u00e1na to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and<\/p>\n<p>(ii) authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search,<\/p>\n<p>and any such warrant shall operate in accordance with its terms.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F222<br \/>\nInserted (20.03.2014) by Road Traffic Act 2014 (3\/2014), s. 17(a), (b), (c), S.I. No. 147 of 2014.<\/p>\n<p>F223<br \/>\nSubstituted (1.09.1968) Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F224<br \/>\nDeleted (8.02.2016) by Public Transport Act 2016 (3\/2016), s. 8(a)(i), commenced on enactment.<\/p>\n<p>F225<br \/>\nInserted (8.02.2016) by Public Transport Act 2016 (3\/2016), s. 8(a)(ii), (iii), commenced on enactment.<\/p>\n<p>F226<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 23, S.I. No. 86 of 2007. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F227<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s 18(1)(a) and table part 1 ref. no. 24, S.I. No. 86 of 2007. A fine of \u20ac1,000 translates into a class D fine not exceeding \u20ac1,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F228<br \/>\nInserted (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 45, S.I. No. 350 of 1994.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E966<br \/>\nProspective affecting provision: penalty points in respect of breach of duties on occurrence of accident under section imposed, on conviction, by Road Traffic Act 2002 (2\/2012), s. 2 and sch. 1 part 1 ref. no. 14, not commenced as of date of revision.<\/p>\n<p>E967<br \/>\nObligation to provide breath specimen following arrest under subs. (3A) and consequential procedure applied by Road Traffic Act 2010 (25\/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 9(d), S.I. No. 542 of 2011.<\/p>\n<p>E968<br \/>\nProcedure prescribed for detention of intoxicated drivers arrested under subs. (3A) (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 16, S.I. No. 543 of 2011.<\/p>\n<p>E969<br \/>\nPowers of entry prescribed under subs. (3A) (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 39(1), S.I. No. 350 of 1994.<\/p>\n<p>E970<br \/>\nPrevious affecting provision: procedure prescribed for arresting a person under subs. (3A) by Road Traffic Act 1994 (7\/1994), s. 13(1), as substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(b), commenced on enactment; s. 13 repealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>E971<br \/>\nPrevious affecting provision: fines in subs. (3) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 24, 25, S.I. No. 491 of 2002; subsection amended as per F-note above.<\/p>\n<p>E972<br \/>\nPrevious affecting provision: fines in subs. (3)(a) and (b) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. nos. 7 and 16, commenced on enactment; fines increased as per F-notes above.<\/p>\n<p>Section 107<\/p>\n<h4>Duty to give information on demand by member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>F229[107.\u2014F230[(1) Where a member of the Garda S\u00edoch\u00e1na alleges to a person using a mechanically propelled vehicle F231[or a pedal cycle] that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.]<\/p>\n<p>(2) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920, section 131(5) of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.<\/p>\n<p>F232[(3) Where a person, when his or her name and address and date of birth are demanded of him or her under this section, refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence.]<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle F231[or a pedal cycle]\u2014<\/p>\n<p>(a) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,<\/p>\n<p>(b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or<\/p>\n<p>(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.<\/p>\n<p>(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding \u20ac2,000.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F229<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 79, S.I. No. 255 of 2011.<\/p>\n<p>F230<br \/>\nSubstituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 3(a), S.I. No. 542 of 2011.<\/p>\n<p>F231<br \/>\nInserted (13.04.2017) by Road Traffic Act 2016 (21\/2016), s. 32, S.I. No. 129 of 2017.<\/p>\n<p>F232<br \/>\nSubstituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 3(b), S.I. No. 542 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E973<br \/>\nPrevious affecting provision: \u201cthis Act\u201d substituted for all instances of \u201cthe Road Traffic Acts, 1961 to 1994\u201d by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced; section substituted as per F-note above.<\/p>\n<p>E974<br \/>\nPrevious affecting provision: fine in subs. (5) increased (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table, ref. no. 25, S.I. No. 86 of 2007; section substituted as per above F-note.<\/p>\n<p>E975<br \/>\nPrevious affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 26, S.I. No. 491 of 2002; subsection amended as per E-note above.<\/p>\n<p>E976<br \/>\nPrevious affecting provision: \u201cthe Road Traffic Acts, 1961 to 1994\u201d substituted (22.07.1994) for all instances of \u201cthis Act\u201d by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994. Section amended as per F-notes above.<\/p>\n<p>E977<br \/>\nPrevious affecting provision: subs. (4A) inserted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 46, S.I. No. 222 of 1994; section substituted as per F-note above.<\/p>\n<p>E978<br \/>\nPrevious affecting provision: application of section extended (12.11.1986) by Dublin Transport Authority Act 1986 (15\/1986), s. 45, S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34\/1987), s. 13, commenced as per s. 15(5).<\/p>\n<p>E979<br \/>\nPrevious affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. no. 17, commenced on enactment; fine increased as per E-note above.<\/p>\n<p>Section 108<\/p>\n<h4>Right to demand name and address of pedal cyclist.<\/h4>\n<p>F233[108.\u2014A member of the Garda S\u00edoch\u00e1na may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address and date of birth of such person, and if such a person refuses or fails to give his or her F234[name and address and date of birth] or gives a F234[name and address and date of birth] which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by reasonable force if necessary, and retain it until such time as he or she is satisfied as to the identity of such person. ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F233<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 80, S.I. No. 255 of 2011.<\/p>\n<p>F234<br \/>\nSubstituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 47(b), S.I. No. 105 of 2013.<\/p>\n<p>Section 109<\/p>\n<h4>Obligation to stop.<\/h4>\n<p>109.\u2014(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda S\u00edoch\u00e1na F235[and shall keep it stationary for such period as is reasonably necessary in order to enable such member to discharge his duties].<\/p>\n<p>(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F235<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E980<br \/>\nProspective affecting provision: penalty points in respect of failure to stop vehicle when so required by member of Garda S\u00edoch\u00e1na under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2\/2012), s. 2 and sch. 1 part 1 ref. no. 15, not commenced as of date of revision.<\/p>\n<p>E981<br \/>\nOffence under section designated a fixed charge offence and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(e) and sch. 5 item 3 ref. 2, in effect as per reg. 1(2).<\/p>\n<p>E982<br \/>\nPrevious affecting provision: offence under section designated a fixed charge offence for purposes of Road Traffic Act 2010, part 3 and penalty prescribed (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b) and sch. 2 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).<\/p>\n<p>E983<br \/>\nPrevious affecting provision: offence under section designated a fixed charge offence and penalty prescribed (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 5(a)(i) and sch. 1 part 1. The first enabling section, s. 5, remains in force. The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25\/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), above.<\/p>\n<p>Section 110<\/p>\n<h4>Disposition of vehicle on arrest of person in charge.<\/h4>\n<p>110.\u2014Where a member of the Garda S\u00edoch\u00e1na arrests under F236[the Road Traffic Acts, 1961 to 1994] without warrant a person in charge of a mechanically propelled vehicle, the member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of the vehicle.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F236<br \/>\nSubstituted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994.<\/p>\n<p>F237<br \/>\nSubstituted by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C78<br \/>\nProspective amending provision: section amended by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>110.\u2014Where a member of the Garda S\u00edoch\u00e1na arrests under F237[this Act] without warrant a person in charge of a mechanically propelled vehicle, the member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of the vehicle.<\/p>\n<p>Section 111<\/p>\n<h4>Identification of member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>111.\u2014Where, in exercise of any power or the performance of any duty conferred or imposed by or under F238[the Road Traffic Acts, 1961 to 1994], any member of the Garda S\u00edoch\u00e1na makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either\u2014<\/p>\n<p>(a) is in uniform, or<\/p>\n<p>(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F238<br \/>\nSubstituted (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994.<\/p>\n<p>F239<br \/>\nSubstituted by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C79<br \/>\nSection amended by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced as of date of revision.<\/p>\n<p>111.\u2014Where, in exercise of any power or the performance of any duty conferred or imposed by or under F239[this Act], any member of the Garda S\u00edoch\u00e1na makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either\u2014 &#8230;<\/p>\n<p>Section 112<\/p>\n<h4>Taking vehicle without authority.<\/h4>\n<p>112.\u2014F240[(1) (a) A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.<\/p>\n<p>(b) Where possession of a vehicle has been taken in contravention of this subsection, a person who knows of the taking shall not allow himself to be carried in or on it without the consent of the owner thereof or other lawful authority.]<\/p>\n<p>F241[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to F242[a fine not exceeding \u20ac5,000] or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;<\/p>\n<p>(b) on conviction on indictment, to F243[a fine not exceeding \u20ac20,000] or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.]<\/p>\n<p>(3) A person shall not use or take possession of a pedal cycle without the consent of the owner thereof or other lawful authority.<\/p>\n<p>(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.<\/p>\n<p>(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.<\/p>\n<p>(6) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person is committing F244[or has committed] an offence under this section, he may arrest the person without warrant.<\/p>\n<p>(7) Where, when a person is tried on indictment or summarily for the larceny of a vehicle, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of the larceny of the vehicle but was guilty of an offence under this section in relation to the vehicle, the jury or court may find him guilty of that offence and he may be sentenced accordingly.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F240<br \/>\nSubstituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s.65(a), S.I. No. 169 of 1968.<\/p>\n<p>F241<br \/>\nSubstituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(7), commenced on enactment.<\/p>\n<p>F242<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 26, S.I. No. 86 of 2007. A fine of \u20ac5,000 translates into a class A fine not exceeding \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F243<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 27, S.I. No. 86 of 2007.<\/p>\n<p>F244<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s.65(b), S.I. No. 169 of 1968.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C80<br \/>\nApplication of subs. (1) extended by Firearms Act 1964 (1\/1964), s. 26(1), as substituted (1.11.2006) by Criminal Justice Act 2006 (26\/2006), s. 57, S.I. No. 390 of 2006.<\/p>\n<p>Possession of firearm while taking vehicle without authority.<\/p>\n<p>[26.\u2014 (1) A person who contravenes subsection (1) of section 112 of the Road Traffic Act 1961 and who at the time of the contravention has with him or her a firearm or imitation firearm is guilty of an offence.<\/p>\n<p>&#8230;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E984<br \/>\nObligation to provide specimen following arrest under subs. (6) and consequential procedure provided by Road Traffic Act 2010 (25\/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 9(d), S.I. No. 542 of 2011.<\/p>\n<p>E985<br \/>\nProcedure prescribed for detention of intoxicated drivers arrested under subs. (6) (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 16, S.I. No. 543 of 2011.<\/p>\n<p>E986<br \/>\nRelated offence prescribed (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50\/2001), s. 15(1)(d), S.I. No. 252 of 2002.<\/p>\n<p>E987<br \/>\nOffences under section prescribed as \u201cserious offences\u201d and discretion to refuse bail provided for (4.09.1998) by Bail Act 1997 (16\/1997), ss. 1(1), 2 and sch., arts. 19(b), 29 and 30, S.I. No. 315 of 1998, as amended (18.05.2007) by Criminal Justice Act 2007 (29\/2007), s. 17(d), S.I. No. 236 of 2007. Additional procedure prescribed for such bail applications by Bail Act 1997 (16\/1997), ss. 1A and 2A as inserted (1.07.2007 and 18.05.2007) by Criminal Justice Act 2007 (29\/2007), ss. 6 and 7, S.I. No. 236 of 2007.<\/p>\n<p>E988<br \/>\nPower of Garda S\u00edoch\u00e1na to search vehicles and persons in vehicles provided for offences under subs. (2) by Criminal Law Act 1976 (32\/1976), s. 8(2) and (1)(k) as inserted (4.04.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 (4\/1997), s. 13, commenced as per s. 21 and later substituted (5.09.2000) by Illegal Immigrants (Trafficking) Act 2000 (29\/2000), s. 6, S.I. No. 266 of 2000.<\/p>\n<p>E989<br \/>\nPrevious affecting provision: fines in subs. (2)(a) and (b) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table, ref. nos. 27 and 28, S.I. No. 491 of 2002. Fines increased as per above F-notes.<\/p>\n<p>E990<br \/>\nPrevious affecing provision: obligation to provide specimen following arrest under subs. (6) provided (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 13(1), S.I. No. 350 of 1994, as substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(b), commenced on enactment. S. 13 repealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Section 113<\/p>\n<h4>Unauthorised interference with mechanism of vehicle.<\/h4>\n<p>113.\u2014(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary F245[\u2026], or get on or into or attempt to get on or into the vehicle while it is so stationary.<\/p>\n<p>F246[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F247[a fine not exceeding \u20ac2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]<\/p>\n<p>(3) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that a person is committing F248[or has committed] an offence under this section, he may arrest the person without warrant.<\/p>\n<p>(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.<\/p>\n<p>(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F245<br \/>\nDeleted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(8)(a), commenced on enactment.<\/p>\n<p>F246<br \/>\nSubstituted (18.07.1984) by Road Traffic Act 1984 (16\/1984), s. 3(8)(b), commenced on enactment.<\/p>\n<p>F247<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 28, S.I. No. 86 of 2007. A fine of \u20ac2,000 translates into a class C fine not exceeding \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F248<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. of 169 of 1968.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E991<br \/>\nPrevious affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 29, S.I. No. 491 of 2002. Fine increased as per F-note above.<\/p>\n<p>Section 114<\/p>\n<h4>Limitations on periods of continuous driving.<\/h4>\n<p>114.\u2014(1) Each of the following periods or series of periods of driving shall be an excessive period for the purposes of this section:<\/p>\n<p>(a) any continuous period of driving exceeding five and one-half hours;<\/p>\n<p>(b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;<\/p>\n<p>(c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.<\/p>\n<p>(2) For the purposes of subsection (1) of this section\u2014<\/p>\n<p>(a) Where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, the period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if the driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;<\/p>\n<p>(b) any two consecutive periods of driving shall be regarded as one continuous period unless they are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;<\/p>\n<p>(c) any time spent by the driver of a vehicle at work (other than driving) in relation to the vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on the vehicle while on a journey, shall be reckoned as time spent in driving;<\/p>\n<p>(d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with the vehicle while it is not on a public road shall not be reckoned as time spent in driving.<\/p>\n<p>(3) A person shall not drive, or cause or permit any person employed by him or subject to his orders to drive, for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is intended or adapted solely for the drawing of another vehicle or is fitted with a body intended or adapted solely for the carriage of goods or two or more such vehicles successively.<\/p>\n<p>(4) (a) The Minister for Industry and Commerce may make regulations for enabling this section to have effect.<\/p>\n<p>(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, make provision in relation to all or any of the following matters:<\/p>\n<p>(i) the keeping of records in respect of persons engaged in driving vehicles to which this section applies;<\/p>\n<p>(ii) the form of the records;<\/p>\n<p>(iii) the persons by whom the records are to be kept;<\/p>\n<p>(iv) the production of the records to members of the Garda S\u00edoch\u00e1na and specified officers of the Minister for Industry and Commerce;<\/p>\n<p>(v) the exhibition of specified notices in vehicles in relation to which this section applies.<\/p>\n<p>F249[(vi) the exclusion from the regulations of specified classes of vehicles.]<\/p>\n<p>(5) Where a person contravenes subsection (3) of this section or a regulation under subsection (4) of this section which is stated to be a penal regulation, he shall be guilty of an offence.<\/p>\n<p>(6) Where a person is charged with an offence under this section consisting of driving, or causing or permitting driving, for an excessive period, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was due to delay in the completion of a journey and that the delay was unavoidable and was caused by circumstances which he could not reasonably have foreseen.<\/p>\n<p>(7) (a) The Minister for Industry and Commerce may by regulations vary or suspend in any manner any excessive period.<\/p>\n<p>(b) Regulations under this subsection shall not be made save\u2014<\/p>\n<p>(i) where the Minister for Industry and Commerce is satisfied that bodies representative of the employers and employees concerned are in favour of the change to be effected by the regulations, and<\/p>\n<p>(ii) after consultation by that Minister with the Minister.<\/p>\n<p>(c) Different regulations may be made under this subsection\u2014<\/p>\n<p>(i) in respect of different classes of vehicles,<\/p>\n<p>(ii) for different circumstances.<\/p>\n<p>F250[(8) This section does not apply to or in respect of<\/p>\n<p>(a) vehicles owned by the State and used for military or police purposes, or<\/p>\n<p>(b) persons in the public service of the State driving vehicles so owned and used, or<\/p>\n<p>(c) carriage by road to which Council Regulation (EC) 561\/2006 applies.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F249<br \/>\nInserted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F250<br \/>\nSubstituted (12.03.2008) by European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 (S.I. No. 62 of 2008), reg. 60(1), commenced as per reg. 1(2).<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C81<br \/>\nFunctions transferred and references to \u201cDepartment of Communications\u201d and \u201cMinister for Communications\u201d construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 (S.I. No. 92 of 1987), arts. 3, 4 and sch. part V, subject to transitional provisions in arts. 5-9. Note: name of Department of and Minister for Tourism and Transport altered to Tourism, Transport and Communications (7.02.1991) by Tourism and Transport (Alteration of Name of Department and Title of Minister) Order 1991 (S.I. No. 25 of 1991); to Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993); to Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997); to Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); and to 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).<\/p>\n<p>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 hereby transferred to the Department of Tourism and Transport.<\/p>\n<p>(2) References to the Department of Communications 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 Tourism and Transport.<\/p>\n<p>4. (1) The functions vested in the Minister for Communications\u2014<\/p>\n<p>&#8230;<\/p>\n<p>(c) by or under any of the statutes mentioned in the third column of Part V of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number<\/p>\n<p>are hereby transferred to the Minister for Tourism and Transport.<\/p>\n<p>(2) References to the Minister for Communications 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 Tourism and Transport.<\/p>\n<p>SCHEDULE<\/p>\n<p>PART V<\/p>\n<p>Statutes, certain functions under which are transferred from the Minister for Communications to the Minister to Tourism and Transport:<\/p>\n<p>Ref no.<\/p>\n<p>Statute<\/p>\n<p>Provisions of the Statutes mentioned in the second column functions under which are transferred to the Minister for Tourism and Transport<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>6.<\/p>\n<p>Road Traffic Act 1961<\/p>\n<p>Sections 114(4) and 114(7).<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E992<br \/>\nPrevious affecting provision: application of section restricted (20.02.2006) by European Communities (Road Transport) Regulations 2006 (S.I. No. 88 of 2006), reg. 17; revoked (12.11.2008) by European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 (S.I. No. 62 of 2008), reg. 58(a).<\/p>\n<p>E993<br \/>\nPrevious affecting provision: application of section restricted (4.12.1986) by European Communities (Road Transport) Regulations 1986 (S.I. No. 392 of 1986), reg. 13; revoked (20.02.2006) by European Communities (Road Transport) Regulations 2006 (S.I. No. 88 of 2006), reg. 18.<\/p>\n<p>E994<br \/>\nPrevious affecting provision: functions under subss. (4) and (7) transferred to Minister for Transport (1.01.1982) by Road Transport Regulations (Transfer of Departmental Administration and Ministerial Functions) Order 1981 (S.I. No. 417 of 1981); superseded as per C-note above.<\/p>\n<p>E995<br \/>\nPrevious affecting provision: application of section restricted (26.01.1979) by European Communities (Road Transport) Regulations 1979 (S.I. No. 16 of 1979), reg. 10; revoked as per E-note above (reg. 17).<\/p>\n<p>E996<br \/>\nPrevious affecting provision: functions under subss. (4) and (7) transferred to Minister for Labour (13.07.1966) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1966 (S.I. No. 164 of 1966), commenced by S.I. No. 162 of 1966 in accordance with art. 1(2); superseded as per E-note above.<\/p>\n<p>Section 115<\/p>\n<h4>Penalty for false declaration, etc.<\/h4>\n<p>115.\u2014F251[(1) Where a person is required by or under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003 to furnish or give particulars in connection with an application for the grant or issue of a licence, permit, plate or certificate or otherwise in connection with a licence, permit, plate, certificate or vehicle, he or she shall not furnish or give pursuant to the requirement any particulars which to his or her knowledge are false or in any material respect misleading.]<\/p>\n<p>(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.<\/p>\n<p>(3) Where, in a prosecution for an offence under subsection (2) of this section with respect to particulars in connection with an application for the grant or issue of a F251[licence, permit, plate or certificate] such grant or issue and an application therefor are proved, it shall be presumed, until the contrary is shown by the defendant, that the person to whom the F251[licence, permit, plate or certificate] was granted or issued made the application.<\/p>\n<p>F251[(4) A person shall not forge or fraudulently alter or use, or fraudulently lend to, or allow to be used by, any other person, any licence, permit, plate, badge or certificate issued under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003.]<\/p>\n<p>(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.<\/p>\n<p>(6) A person who is guilty of an offence under this section shall be liable on summary conviction to F252[a fine not exceeding \u20ac3,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.<\/p>\n<p>(7) F253[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F251<br \/>\nSubstituted (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 20, S.I. No. 384 of 2006.<\/p>\n<p>F252<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(a) and table part 1 ref. no. 29, S.I. No. 86 of 2007. A fine of \u20ac3,000 translates into a class B fine not exceeding \u20ac4,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F253<br \/>\nRepealed (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 4(1), S.I. No. 222 of 1994.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E997<br \/>\nProspective affecting provision: penalty points in respect of furnishing false or misleading particulars in connection with application for licence under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (12\/2002), s. 2 and sch. 1 part 1 ref. no. 16, not commenced as of date of revision.<\/p>\n<p>E998<br \/>\nSummary proceedings for an offence under section provided (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 48, S.I. No. 222 of 1994.<\/p>\n<p>E999<br \/>\nPrevious affective provision: fine in subs. (6) increased (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(a) and table part 1 ref. no. 30, S.I. No. 491 of 2002. Fine increased as per F-note above.<\/p>\n<p>E1000<br \/>\nPrevious affecting provision: subss. (1) and (4) amended by Road Traffic Act 2002 (12\/2002), s. 25(1), not commenced. Subss. (1) and (4) substituted as per above F-notes.<\/p>\n<p>E1001<br \/>\nPrevious affecting provision: subss. (1) and (4) amended (22.07.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(k), S.I. No. 222 of 1994. Subss. (1) and (4) substituted as per above F-notes.<\/p>\n<p>E1002<br \/>\nPrevious affecting provision: subs. (1) amended (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34\/1987), s. 10(2), commenced as per s. 15(5). Subs. (1) substituted as per above F-note.<\/p>\n<p>E1003<br \/>\nPrevious affecting provision: subs. (1) substituted (12.11.1986) by Dublin Transport Authority Act 1986 (15\/1986), s. 46, S.I. No. 357 of 1986. Subs. (1) substituted as per above F-note.<\/p>\n<p>E1004<br \/>\nPrevious affecting provision: fine in subs. (6) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16\/1984), s. 3(1) and table, ref. no. 18, commenced on enactment. Fine increased as per E-note above.<\/p>\n<p>E1005<br \/>\nPrevious affecting provision: subss. (1), (3) and (4) amended (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968. Amendments superseded as per above F-notes.<\/p>\n<p>Section 116<\/p>\n<h4>Liability of Minister for Finance for negligent use of mechanically propelled vehicle.<\/h4>\n<p>116.\u2014F254[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F254<br \/>\nRepealed (17.08.1961) by Civil Liability Act 1961 (41\/1961), s. 5 and sch. part V, commenced on enactment.<\/p>\n<p>Section 117<\/p>\n<h4>Extension of personal liability for negligent use of mechanically propelled vehicle.<\/h4>\n<p>117.\u2014F255[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F255<br \/>\nRepealed (17.08.1961) by Civil Liability Act 1961 (41\/1961), s. 5 and sch. part V, commenced on enactment.<\/p>\n<p>Section 118<\/p>\n<h4>Liability in respect of person using mechanically propelled vehicle with consent of owner.<\/h4>\n<p>118.\u2014Where a person (in this section referred to as the user) uses a mechanically propelled vehicle with the consent of the owner of the vehicle, the user shall, for the purposes of determining the liability or non-liability of the owner for injury caused by the negligent use of the vehicle by the user, and for the purposes of determining the liability or non-liability of any other person for injury to the vehicle or persons or property therein caused by negligence occurring while the vehicle is being used by the user, be deemed to use the vehicle as the servant of the owner, but only in so far as the user acts in accordance with the terms of such consent.<\/p>\n<p>Section 119<\/p>\n<h4>Reimbursement of hospitals.<\/h4>\n<p>119.\u2014<\/p>\n<p>F256[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F256<br \/>\nRepealed (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 5, S.I. No. 169 of 1968.<\/p>\n<h2>ROAD TRAFFIC ACT 2010<\/h2>\n<p>&nbsp;<\/p>\n<p>Section 78<\/p>\n<h4>Regulatory signs.<\/h4>\n<p>78.\u2014 (1) Section 95 (as amended by section 37 of the Act of 1994) of the Principal Act is amended\u2014<\/p>\n<p>(a) by substituting for subsection (3) the following:<\/p>\n<p>\u201c(3) (a) A road authority may provide in respect of public roads in their charge such information signs and warning signs as they consider desirable.<\/p>\n<p>(b) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their charge such regulatory signs as they consider desirable.\u201d,<\/p>\n<p>(b) by deleting subsection (4), and<\/p>\n<p>(c) in subsection (5), by substituting for paragraph (a) the following:<\/p>\n<p>\u201c(5) (a) A road authority shall provide in respect of public roads in their charge such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.\u201d.<\/p>\n<p>(2) Regulatory signs which have been provided for or by a road authority before the commencement of this section are deemed to have been provided under section 95 of the Principal Act as amended by this section.<\/p>\n<p>Section 79<\/p>\n<h4>Duty to give information on demand by member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>79.\u2014 The following section is substituted for section 107 of the Principal Act:<\/p>\n<p>\u201c107.\u2014 (1) Where a member of the Garda S\u00edoch\u00e1na alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.<\/p>\n<p>(2) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920, section 131(5) of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.<\/p>\n<p>(3) Where a person, when his or her name and address or date of birth is demanded of him or her under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence.<\/p>\n<p>(4) Where a member of the Garda S\u00edoch\u00e1na has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle\u2014<\/p>\n<p>(a) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,<\/p>\n<p>(b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or<\/p>\n<p>(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.<\/p>\n<p>(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding \u20ac2,000.\u201d.<\/p>\n<p>Section 80<\/p>\n<h4>Right to demand name and address, etc., of pedal cyclist.<\/h4>\n<p>80.\u2014 The following section is substituted for section 108 of the Principal Act:<\/p>\n<p>\u201c108.\u2014 A member of the Garda S\u00edoch\u00e1na may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address and date of birth of such person, and if such a person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by reasonable force if necessary, and retain it until such time as he or she is satisfied as to the identity of such person.\u201d.<\/p>\n<p>Section 81<\/p>\n<h4>Evidence in relation to speeding and certain other offences.<\/h4>\n<p>81.\u2014 (1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by\u2014<\/p>\n<p>(a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or<\/p>\n<p>(b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.<\/p>\n<p>It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.<\/p>\n<p>(2) In proceedings for an offence referred to in subsection (1)\u2014<\/p>\n<p>(a) a document purporting to be, or to be a copy of, a record referred to in subsection (1)(a)\u2014<\/p>\n<p>(i) which is not a permanent visual record and to be signed by a member of the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(ii) which is a permanent visual record and to be issued by or on behalf of a member of the Garda S\u00edoch\u00e1na or an administrative office or unit of the Garda S\u00edoch\u00e1na designated in that behalf by the Commissioner, or a person authorised under an agreement under subsection (7),<\/p>\n<p>and<\/p>\n<p>(b) on which is endorsed a statement to the effect that it is, or is a copy of, that record,<\/p>\n<p>shall be prima facie evidence in those proceedings of the indications or measurements contained in the record. It shall not be necessary to prove, as the case may be, the signature on the document or that the signatory was a member of the Garda S\u00edoch\u00e1na or that the document was so issued.<\/p>\n<p>(3) A copy of the document referred to in subsection (2) shall be given to the accused person before the commencement of the trial of the offence concerned.<\/p>\n<p>(4) The electronic or other apparatus referred to in subsection (1) shall\u2014<\/p>\n<p>(a) be of a type that has been approved by\u2014<\/p>\n<p>(i) the Commissioner or another member of the Garda S\u00edoch\u00e1na not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or<\/p>\n<p>(ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer,<\/p>\n<p>and<\/p>\n<p>(b) in the case of an apparatus referred to in subsection (1)(a), be capable of producing a record of the measurements or other indications referred to in subsection (1).<\/p>\n<p>It is not necessary to prove that the apparatus is of a type so approved.<\/p>\n<p>(5) In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.<\/p>\n<p>F106[(6) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that\u2014<\/p>\n<p>(a) the electronic or other apparatus used for tendering of evidence was provided, maintained and operated by a member of the Garda S\u00edoch\u00e1na, or a person authorised under an agreement under subsection (7),<\/p>\n<p>(b) the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda S\u00edoch\u00e1na, or a person authorised under an agreement under subsection (7), and<\/p>\n<p>(c) subsection (3) has been complied with.]<\/p>\n<p>(7) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda S\u00edoch\u00e1na not below the rank of Superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.<\/p>\n<p>(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement.<\/p>\n<p>(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under this subsection.<\/p>\n<p>(8) A member of the civilian staff of the Garda S\u00edoch\u00e1na may perform the functions relating to the establishing of prima facie proof of a constituent of an offence including the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.<\/p>\n<p>(9) In this section\u2014<\/p>\n<p>\u201cmember of the civilian staff of the Garda S\u00edoch\u00e1na\u201d means a person appointed or designated as being transferred under section 19 of the Garda S\u00edoch\u00e1na Act 2005;<\/p>\n<p>\u201cmember of the Garda S\u00edoch\u00e1na\u201d other than in F106[subsections (4) and (7)], includes a member of the civillian staff of the Garda S\u00edoch\u00e1na\u201d;<\/p>\n<p>\u201cpermanent visual record\u201d includes a photograph;<\/p>\n<p>\u201cradar gun\u201d means an apparatus which\u2014<\/p>\n<p>(a) can be used to measure the speed of a moving object (such as a motor vehicle) by directing a signal from the apparatus at the object, and, if the signal is reflected off the object, the apparatus in turn receives the reflected signal, and<\/p>\n<p>(b) is capable of measuring the speed of the object and displaying the speed on the apparatus;<\/p>\n<p>\u201crecord\u201d includes a visual record which can be stored permanently on the apparatus concerned.<\/p>\n<p>(10) The following are repealed:<\/p>\n<p>(a)section 21 of the Act of 2002,<\/p>\n<p>(b) section 15 of the Act of 2004, and<\/p>\n<p>(c) section 17 of the Act of 2006.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F106<br \/>\nSubstituted (20.03.2014) by Road Traffic Act 2014 (3\/2014), s. 22, S.I. No. 147 of 2014.<\/p>\n<p>Section 82<\/p>\n<h4>Cost of prosecutions \u2014 road traffic offences.<\/h4>\n<p>82.\u2014 (1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.<\/p>\n<p>(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.<\/p>\n<p>Section 83<\/p>\n<h4>Functions of Commissioner of Garda S\u00edoch\u00e1na.<\/h4>\n<p>83.\u2014 (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda S\u00edoch\u00e1na not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.<\/p>\n<p>(2) Section 28 of the Act of 2004 is repealed.<\/p>\n<p>Section 84<br \/>\nAmendment of section 15 of Act of 1968 \u2014 increase in certain penalties.<\/p>\n<p>84.\u2014 The following Table is substituted for the Table (inserted by section 23(2) of the Act of 2002) to section 15 of the Act of 1968:<\/p>\n<p>\u201cTABLE<\/p>\n<p>Where the excess weight is not less than 1,000 kilograms<\/p>\n<p>but is less than 2,000 kilograms<\/p>\n<p>\u20ac500<\/p>\n<p>Where the excess weight is not less than 2,000 kilograms<\/p>\n<p>but is less than 3,000 kilograms<\/p>\n<p>\u20ac1,000<\/p>\n<p>Where the excess weight is not less than 3,000 kilograms<\/p>\n<p>but is less than 4,000 kilograms<\/p>\n<p>\u20ac1,500<\/p>\n<p>Where the excess weight is not less than 4,000 kilograms<\/p>\n<p>but is less than 5,000 kilograms<\/p>\n<p>\u20ac3,000<\/p>\n<p>Where the excess weight is 5,000 kilograms or more<\/p>\n<p>\u20ac5,000<\/p>\n<p>\u201d.<\/p>\n<p>Section 85<\/p>\n<h4>Regulations \u2014 control of driving instructors.<\/h4>\n<p>85.\u2014 Section 18(2) of the Act of 1968 is amended by\u2014<\/p>\n<p>(a) substituting for paragraph (a) the following:<\/p>\n<p>\u201c(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence);<\/p>\n<p>(aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge);<\/p>\n<p>(aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;\u201d,<\/p>\n<p>(b) inserting after paragraph (d) the following:<\/p>\n<p>\u201c(da) the fitness of applicants for driving instructor licences;\u201d,<\/p>\n<p>(c) inserting after paragraph (i) the following:<\/p>\n<p>\u201c(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with;<\/p>\n<p>(k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward;<\/p>\n<p>(l) the production to a member of the Garda S\u00edoch\u00e1na or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section;<\/p>\n<p>(m) the examination or inspection of records under regulations under this section by a member of the Garda S\u00edoch\u00e1na or an officer of the Road Safety Authority;<\/p>\n<p>(n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer;<\/p>\n<p>(o) matters for the purposes of subsection (8).\u201d,<\/p>\n<p>and<\/p>\n<p>(d) F107[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F107<br \/>\nDeleted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 9(m), S.I. No. 542 of 2011.<\/p>\n<p>Section 89<\/p>\n<h4>Display of local authority permits.<\/h4>\n<p>89.\u2014 Section 35 (as amended by section 12(4)(b) of the Roads Act 2007) of the Act of 1994 is amended by inserting after subsection (6) the following:<\/p>\n<p>\u201c(7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t), the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue.\u201d.<\/p>\n<p>Section 90<\/p>\n<h4>Detention of vehicles.<\/h4>\n<p>90.\u2014 Section 41(3) of the Act of 1994 is amended by substituting \u201c3 weeks\u201d for \u201c6 weeks\u201d.<\/p>\n<p>Section 91<br \/>\nRepeal.<\/p>\n<p>91.\u2014 Section 13 of the Act of 2002 is repealed.<\/p>\n<p>Section 92<\/p>\n<h4>Certificates of competency \u2014 display of tax disc and test certificate.<\/h4>\n<p>92.\u2014 Section 33 of the Principal Act is amended by inserting after subsection (3A) (inserted by section 21 of the Act of 1968) the following:<\/p>\n<p>\u201c(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen\u2014<\/p>\n<p>(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, or<\/p>\n<p>(b) where the vehicle is a vehicle to which section 18 applies, a test certificate,<\/p>\n<p>for the time being in force, in respect of the vehicle.<\/p>\n<p>(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.\u201d.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11653\" data-postid=\"11653\" class=\"themify_builder_content themify_builder_content-11653 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Garda Enforcement Road traffic legislation is administered and enforced by An Garda Siochana under the Road Traffic Acts. There exists a vast quantity of road traffic legislation regulating vehicles and driver conduct. The Gardai have wide powers of enforcement.\u00a0 There are numerous specific powers of arrest under road traffic legislation where An Garda Siochana member [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11653"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11653"}],"version-history":[{"count":23,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11653\/revisions"}],"predecessor-version":[{"id":35338,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11653\/revisions\/35338"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11653"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11653"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11653"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}