{"id":12109,"date":"2022-07-16T13:00:58","date_gmt":"2022-07-16T13:00:58","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12109"},"modified":"2024-04-12T20:35:54","modified_gmt":"2024-04-12T20:35:54","slug":"traffic-accidents","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/traffic-accidents\/","title":{"rendered":"Traffic Accidents"},"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\/traffic-accidents\/#Duties_on_Accident\" title=\"Duties on Accident\">Duties on Accident<\/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\/traffic-accidents\/#Information_Obligation\" title=\"Information Obligation\">Information Obligation<\/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\/traffic-accidents\/#Related_Obligations\" title=\"Related Obligations\">Related Obligations<\/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\/traffic-accidents\/#Powers\" title=\"Powers\">Powers<\/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\/traffic-accidents\/#Penalties\" title=\"Penalties\">Penalties<\/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\/traffic-accidents\/#Accident_Investigation\" title=\"Accident Investigation\">Accident Investigation<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/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-8\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Obligation_of_user_of_vehicle_to_give_notice_of_accident\" title=\"Obligation of user of vehicle to give notice of accident.\">Obligation of user of vehicle to give notice of accident.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Notice_of_accident_involving_vehicle_temporarily_in_the_State\" title=\"Notice of accident involving vehicle temporarily in the State.\">Notice of accident involving vehicle temporarily in the State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Obligation_to_give_information_as_to_insurance\" title=\"Obligation to give information as to insurance.\">Obligation to give information as to insurance.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Amendment_of_Assurance_Companies_Act_1909\" title=\"Amendment of Assurance Companies Act, 1909.\">Amendment of Assurance Companies Act, 1909.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Regulations_in_relation_to_certificates_keeping_of_records_and_giving_of_information\" title=\"Regulations in relation to certificates, keeping of records and giving of information.\">Regulations in relation to certificates, keeping of records and giving of information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Miscellaneous_provisions_in_relation_to_insured_or_guaranteed_moneys\" title=\"Miscellaneous provisions in relation to insured or guaranteed moneys.\">Miscellaneous provisions in relation to insured or guaranteed moneys.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Application_and_repayment_of_deposit\" title=\"Application and repayment of deposit.\">Application and repayment of deposit.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Provisions_relating_to_Motor_Insurers_Bureau_of_Ireland\" title=\"Provisions relating to Motor Insurers\u2019 Bureau of Ireland.\">Provisions relating to Motor Insurers\u2019 Bureau of Ireland.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/traffic-accidents\/2\/#Vehicle_insurers_to_provide_details_of_motor_insurance_policies\" title=\"Vehicle insurers to provide details of motor insurance policies.\">Vehicle insurers to provide details of motor insurance policies.<\/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\/traffic-accidents\/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\/traffic-accidents\/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\/traffic-accidents\/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\/traffic-accidents\/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\/traffic-accidents\/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\/traffic-accidents\/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><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Duties_on_Accident\"><\/span>Duties on Accident<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where injury is caused to a person or property in a public place and a vehicle is involved, certain obligations arise.\u00a0 If the vehicle is not stationary, the driver must stop the vehicle.\u00a0 The driver or other person in charge of the vehicle must keep it at or near the place of occurrence for a reasonable period of time in all the circumstances.<\/p>\n<p>The obligations apply to driver of the vehicle\u00a0 involved regardless of whether or not it caused the injury. Obligations may apply to the person in charge of the vehicle.<\/p>\n<p>The driver shall stop the vehicle if it is not stationary. If injury has been caused to any person or a person appears to require assistance, the driver must offer this assistance.<\/p>\n<p>The insured or the person using the vehicle is to give notice to the insurer where they may become liable to pay under the\u00a0 insurance policy. The Motor Insurance Bureau of Ireland must be notified in respect of vehicles temporarily in the state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_Obligation\"><\/span>Information Obligation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The driver must keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances. The driver or if he is killed or incapacitated, the person then in charge shall give he required information to a member of an Garda Siochana or other person entitled to demand such information.<\/p>\n<p>The driver of the vehicle or if he is killed or incapacitated, that person in charge must give on demand the appropriate information to a member of an Garda Siochana or if no member is present to a person entitled to demand the information.<\/p>\n<p>Also entitled to demand the information is the injured person or if that person is killed or incapacitated, the other person for the time being having charge of the person so injured by reason of family relationship employment or otherwise. In the case of damage to property the owner of the property or the person in charge of the property is the relevant person<\/p>\n<p>If injury is caused to property other than that of the owner of the vehicle or for any reason he, or a person in charge of the vehicle, does not give the appropriate information to a person entitled to demand it, the person, unless he has already given the appropriate information to the Garda Siochana must report the occurrence of the event as soon as possible and if necessary shall go to the nearest convenient Garda station and give on demand the appropriate information to the member.<\/p>\n<p>The required information is details of the name and address of the user and the owner of the vehicle the registration, and insurance details. Where the information is not provided at the scene, it must be reported to a Garda station.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Related_Obligations\"><\/span>Related Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If injury is caused to property other than that of the driver of the vehicle or if \u00a0for any reason he is killed or incapacitated and the person then in charge of the vehicle does not give the information at that point then he unless he has given it to a member of an Garda Siochana,\u00a0 he must report the occurrence as soon as possible to Garda Siochana and if necessary go for that purpose the nearest convenient Garda station and give on demand the appropriate information to the member<\/p>\n<p>In the case of injury to a person, that person or where he is killed or incapacitated any other person for the time being in charge of the person so injured by reason of family relationship or in the case of damage to property, the owner of the property or person having charge of it or where there is no person entitled above, any one person who is present when the injury was inflicted and who is not the employer or in the employment or company of the person required to give the information, may so require it.<\/p>\n<p>Where a member of an Garda Siochana has reasonable grounds for believing an injury has been caused to a person or property in a public place ,a vehicle was involved and he is not aware of the place with the vehicle is being kept may require the owner to state where the vehicle is being kept. The owner must comply.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Powers\"><\/span>Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of an Garda Siochana may arrest without warrant a person whom he believes is committing an offence in contravention of the above requirements, where injury was caused to a person, a vehicle was involved in the occurrence of the injury and the person concerned is believed to be the driver. The required information is the name and address of the owner, identification marks (registration plate), name and address of the driver.<\/p>\n<p>A person may be required to give a breath specimen after an accident. Failure or refusal is subject on summary conviction to a fine of up to \u20ac5,000 and imprisonment up to 6 months of both.<\/p>\n<p>Where a member of an Garda Siochana has reasonable grounds for believing that an injury has been caused to persons or property in a public place and a vehicle was involved and the member is not aware of the place where the vehicle is being kept, he may require the owner to state the place where the vehicle is being kept.\u00a0 The owner must comply.\u00a0 Failure is an offence.<\/p>\n<p>Where a member of an Garda Siochana has grounds to believing that a vehicle was involved in an accident causing injury, he may, where he has reasonable grounds for believing the vehicle is being kept at any premises apply for a warrant to enter and search the premises. He may apply to the District Court or a Peace Commissioner for a warrant to search the place and take possession of the vehicle.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Penalties\"><\/span>Penalties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Contravention of the above requirements is subject on summary conviction to a fine of up to \u20ac2,000 or six months imprisonment or both.<\/p>\n<p>If this occurs in circumstances where the person intends to escape civil or criminal liability and he knows that injury was caused of such a nature as to require medical assistance the person is subject on conviction on indictment to a fine up to \u20ac10,000 and\/or up to 7 years imprisonment.<\/p>\n<p>Where the person knows that the person injured is dead or is reckless as to whether death has resulted, he is subject on conviction on indictment to a fine up to \u20ac20,000 and up to 10 years imprisonment or both.<\/p>\n<p>Where a person is convicted of the above offences summarily there is a mandatory disqualification of one year. There is the possibility of\u00a0 longer mandatory disqualification in the case of certain related offences. It may be subject to a requirement to produce a certificate of competency certificate of fitness or both, in order to obtain at the driving licence again.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Accident_Investigation\"><\/span>Accident Investigation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>When a vehicle has been involved in an accident in a public place, the Minister may appoint an authorised person to investigate the accident.\u00a0 The persons who are appointed may enter at any reasonable time on premises where the vehicle is situate.\u00a0 He may carry out investigations, examinations and tests as are necessary.\u00a0 He may do all that is necessary for the purpose of the investigation.<\/p>\n<p>The investigator may require the attendance of persons by summons to be examined.\u00a0 They must produce documents requested and answer questions put.\u00a0 The investigator reports to the Minister concerning the causes and circumstances of the accident and makes recommendations.<\/p>\n<p>The Minister, following \u00a0consideration of the report may order a public enquiry in relation to the matter.\u00a0 Persons holding the enquiry may also summons witnesses and require persons to \u00a0attend and bring documents. \u00a0They may be examined \u00a0under oath.\u00a0 Obstruction or failure to cooperate is an offence.\u00a0 The person holding the enquiry may certify the offence to the High Court which may examine the matter and take steps to punish the witness in the same manner as if he had been guilty of contempt of the high court.\u00a0 Reports under the provision \u00a0may not be used in evidence in legal proceedings arising out of the accident.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 1961<\/h2>\n<p>&nbsp;<\/p>\n<p>Section 72<\/p>\n<h4>Obligation of user of vehicle to give notice of accident.<\/h4>\n<p>72.\u2014(1) Where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance, or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the person who is actually using the vehicle when the event occurs shall\u2014<\/p>\n<p>(a) unless he is himself the insured under the policy or the principal debtor under the guarantee or the event occurs in the presence of such insured or principal debtor, give to such insured or principal debtor, as soon as practicable after the occurrence of the event, notice of the occurrence together with full particulars thereof,<\/p>\n<p>(b) give, on demand, to the insurer or guarantor such particulars relating to the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.<\/p>\n<p>(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.<\/p>\n<p>(3) A notice or particulars required by paragraph (a) of subsection (1) of this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insured or the principal debtor.<\/p>\n<p>Section 72A<br \/>\nF167[<\/p>\n<h4>Notice of accident involving vehicle temporarily in the State.<\/h4>\n<p>72A.\u2014 Where an event occurs in relation to a mechanically propelled vehicle normally based in the designated territories in consequence of which a liability to pay money to any person may occur the person who is actually using the vehicle when the event occurs shall send to the F168[Motor Insurers\u2019 Bureau of Ireland] notice of the occurence of the event with full particulars thereof and particulars as to the territory in which the vehicle is normally based, the identification mark of the vehicle, the insurance of the vehicle (including the period covered thereby, the number of the policy and the name and address of the insurer and of the insured) and the name and address of the person using the vehicle.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F167<br \/>\nInserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 7.<\/p>\n<p>F168<br \/>\nSubstituted (1.01.1993) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 8, commenced as per reg. 3(2) .<\/p>\n<p>Section 73<\/p>\n<h4>Obligation to give information as to insurance.<\/h4>\n<p>73.\u2014(1) Where a claim is made against a person in respect of any such liability as is appropriate in accordance with this Act to be covered by an approved policy of insurance or an approved guarantee, such person, on demand in writing (served by registered post) by or on behalf of the person making the claim, shall\u2014<\/p>\n<p>(a) if the liability was so covered, state that fact, state the name and address of the insurer or guarantor concerned and state the prescribed particulars referred to in subsection (1) or subsection (2) (as may be appropriate) of section 66 of this Act,<\/p>\n<p>(b) if the liability would have been so covered but for an approved policy of insurance or an approved guarantee having been avoided, cancelled or otherwise terminated, state that fact and state the name and address of the insurer or guarantor concerned,<\/p>\n<p>(c) if the liability was not so covered on account of the person against whom the claim is made having been a vehicle insurer, a vehicle guarantor or an exempted person, state that fact and state the prescribed particulars referred to in section 68 of this Act, and<\/p>\n<p>(d) if none of the foregoing paragraphs apply, state that fact.<\/p>\n<p>(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.<\/p>\n<p>(3) A statement demanded under this section may be given by posting the statement in a properly closed and prepaid envelope addressed to the person demanding it.<\/p>\n<p>Section 74<\/p>\n<h4>Amendment of Assurance Companies Act, 1909.<\/h4>\n<p>74.\u2014(1) Section 1 of the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall have effect as if after paragraph (e) thereof the following paragraph were added:<\/p>\n<p>\u201c(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.\u201d<\/p>\n<p>(2) Where an assurance company or syndicate within the meaning of section 3 of the Insurance Act, 1936, carries on mechanically propelled vehicle insurance business within the meaning of that section, the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall apply with respect to that business, subject to the following modifications:<\/p>\n<p>(a) sections 5 and 6 of the said Act shall not apply to the company or syndicate;<\/p>\n<p>(b) the company or syndicate shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and the statement shall be printed, signed and deposited with that Minister in accordance with section 7 of the said Act and that section shall apply accordingly;<\/p>\n<p>(c) paragraphs (d), (e), (f) and (g) of section 32 of the said Act shall apply to the company or syndicate as if those paragraphs were here set out with the substitution of the expression \u201cmechanically propelled vehicle insurance business\u201d for the expression \u201caccident insurance business\u201d wherever that expression occurs in those paragraphs.<\/p>\n<p>Section 75<\/p>\n<h4>Regulations in relation to certificates, keeping of records and giving of information.<\/h4>\n<p>75.\u2014(1) The Minister may make regulations for all or any of the following purposes:<\/p>\n<p>(a) the issue of certificates of insurance, certificates of guarantee and certificates of exemption;<\/p>\n<p>(b) the issue of copies of, or new certificates in lieu of, any such certificates which are lost or destroyed and the maximum charges that may be made on such issues;<\/p>\n<p>(c) the cancellation and surrender of such certificates;<\/p>\n<p>(d) requiring vehicle insurers to keep records of all approved policies of insurance and approved guarantees issued by them;<\/p>\n<p>(e) requiring vehicle guarantors to keep records of all approved guarantees issued by them;<\/p>\n<p>(f) requiring exempted persons to keep records of all certificates of exemption issued by them;<\/p>\n<p>(g) specifying the matters to be recorded in the records;<\/p>\n<p>(h) enabling the records to be inspected by members of the Garda S\u00edoch\u00e1na and officers of the Minister;<\/p>\n<p>(i) requiring vehicle insurers to furnish to members of the Garda S\u00edoch\u00e1na and officers of the Minister information in relation to approved policies of insurance and approved guarantees issued by such insurers;<\/p>\n<p>(j) requiring vehicle guarantors to furnish to members of the Garda S\u00edoch\u00e1na and officers of the Minister information in relation to approved guarantees issued by such guarantors.<\/p>\n<p>(2) A person who contravenes a regulation under this section which is declared to be a penal regulation shall be guilty of an offence.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E659<br \/>\nPower pursuant to this section and ss. 5, 62(1)(c), 63(1)(c), 65(1)(a), 66, 68(1) and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).<\/p>\n<p>Section 76<\/p>\n<h4>Miscellaneous provisions in relation to insured or guaranteed moneys.<\/h4>\n<p>76.\u2014(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechanically propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user), or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant may serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon the service of the notice such of the following provisions as are applicable shall, subject to subsection (2) of this section, have effect:<\/p>\n<p>(a) the insurer shall not after service of the notice pay to the owner or user in respect of the sum any greater amount than the amount (if any) which the owner or user has actually paid to the claimant in respect of the sum;<\/p>\n<p>(b) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, the insurer or guarantor shall pay to the claimant so much of the moneys (whether damages or costs) for which judgment was or is so recovered as the insurer or guarantor has insured or guaranteed and is not otherwise paid to the claimant, and the payment shall, as against the insured or principal debtor, be a valid payment under the policy or guarantee;<\/p>\n<p>(c) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole amount of the judgment, the claimant may apply to the court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount;<\/p>\n<p>(d) where the claimant has not so recovered judgment for the sum, the claimant may apply to any court of competent jurisdiction in which he might institute proceedings for the recovery of the sum from the owner or user for leave to institute and prosecute those proceedings against the insurer or guarantor (as the case may be) in lieu of the owner or user, and the court, if satisfied that the owner or user is not in the State, or cannot be found or cannot be served with the process of the court, or that it is for any other reason just and equitable that the application should be granted, may grant the application, and thereupon the claimant shall be entitled to institute and prosecute those proceedings against the insurer or guarantor, and to recover therein from the insurer or guarantor any sum which he would be entitled to recover from the owner or user and the payment of which the insurer or guarantor has insured or guaranteed;<\/p>\n<p>(e) the insurer or guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of the policy or guarantee arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting F169[an offence] under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Act.<\/p>\n<p>(2) Where, in respect of any one act of negligence or any one series of acts of negligence collectively constituting one event, there are two or more claimants and the total of the sums claimed for damages for injury to property or for which judgment has been recovered for damages for such injury exceeds the sum which the insurer or guarantor has insured or guaranteed, the liability, as regards each claimant, of the insurer or guarantor in relation to such damages shall be reduced to the appropriate proportionate part of the sum insured or guaranteed.<\/p>\n<p>(3) Subsections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected.<\/p>\n<p>(4) F170[\u2026]<\/p>\n<p>(5) A reference in this section to the owner or user of a mechanically propelled vehicle shall, where the context so admits, be construed as including a reference to his personal representative.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F169<br \/>\nSubstituted (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968.<\/p>\n<p>F170<br \/>\nRepealed (17.08.1961) by Civil Liability Act 1961 (41\/1961), s. 5 and sch., part V, commenced on enactment.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C57<br \/>\nApplication of section modified (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 5 and sch. 1, para. (2), as amended (18.03.1964) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1964 (S.I. No. 58 of 1964), reg. 2, (23.11.1977) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1977 (S.I. No. 359 of 1977), reg. 2, (31.12.1988) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 321 of 1987), reg. 4 and later amended (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 4.<\/p>\n<p>5.\u2014(1) In this article \u201cprohibited condition\u201d means every condition, restriction or limitation on the liability of the insurer or guarantor under an approved policy of insurance or an approved guarantee which comes within any of the classes specified in the First Schedule to these Regulations or any other condition, restriction or limitation which has substantially the same effect as a condition, restriction or limitation which is so specified.<\/p>\n<p>(2) There shall not be inserted in an approved policy of insurance or an approved guarantee any condition, restriction or limitation on the liability of the insurer or guarantor which affects the right of any person, except the person to whom the policy or guarantee was issued [&#8230;], to recover by virtue of the policy or guarantee an amount under section 76 of the act or which could have the effect of reducing the amount which such a person could so recover, if such condition, restriction or limitation is a prohibited condition.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>PROHIBITED CONDITIONS<\/p>\n<p>(1)&#8230;<\/p>\n<p>(2) Any limitation or restriction on the persons or classes of persons or the physical or mental condition of persons whose driving of a vehicle is covered by the approved policy of insurance or approved guarantee, except conditions which limit the persons so covered in any one or more of the following ways:\u2014<\/p>\n<p>&#8230;<\/p>\n<p>(e) by requiring persons so covered to have the consent of a named person to such driving,<\/p>\n<p>(f) by limiting the cover to cases where the person driving a vehicle either holds a driving licence to drive the vehicle or holds a provisional licence to drive the vehicle or having held either such licence or a driving licence issued under Part III of the Road Traffic Act, 1933 to drive such a vehicle has not been disqualified for holding it under section 26, 27 or 28 of the Act or under a disqualification order which is deemed to be a consequential disqualification order, an ancillary disqualification order or a special disqualification order by virtue of section 43 of the Act,<\/p>\n<p>(g) by limiting the cover to cases where the person driving a vehicle holds a licence to drive a licensed public hire vehicle under article 34 or article 62 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) or having held such a licence or a licence to drive a public service vehicle under the Road Traffic Act, 1933 has not ceased to do so by reason of such licence being revoked under those Regulations or suspended or revoked under that Act.<\/p>\n<p>&#8230;<\/p>\n<p>The conditions referred to at (e), (f) and (g) of paragraph (2) shall provide that the limitations or restrictions shall not apply as respects a claim by a person to recover moneys from the insurer under section 76 of the Act.<\/p>\n<p>Section 77<\/p>\n<h4>Application and repayment of deposit.<\/h4>\n<p>77.\u2014(1) In this section \u201cdeposit\u201d means a deposit under section 61 of this Act.<\/p>\n<p>(2) Where a person has recovered judgment in any court against the depositor of a deposit for a sum to which this section applies, the High Court may, on the application of that person and if satisfied that the depositor has no goods which can be taken in execution to satisfy the judgment, order the amount of the judgment, together with the costs of the order, the application therefor and the proceedings thereunder, to be paid by the Accountant of the Courts of Justice out of the deposit.<\/p>\n<p>(3) Where the amount of a judgment is paid under this section out of a deposit, the depositor may deposit with the Accountant of the Courts of Justice a sum equal to the sum paid out, and until he does so, he, shall be deemed not to comply with the provisions of this Part of this Act relating to the making of deposits.<\/p>\n<p>(4) Where the depositor of a deposit, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit shall be applied, firstly, in payment of liabilities for sums to which this section applies and, secondly, as general assets.<\/p>\n<p>(5) Where the High Court is satisfied, on the application of the depositor of a deposit or a person claiming through or under him and after notice to F171[the Minister] and after such publication of advertisements as the High Court directs, that the deposit should be paid out to the applicant, the High Court may order it to be so paid out either unconditionally or subject to conditions.<\/p>\n<p>(6) Each of the following sums shall, for the purposes of the foregoing subsections of this section, be a sum to which this section applies:<\/p>\n<p>(a) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor, is guarantor under an approved guarantee,<\/p>\n<p>(b) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor or an exempted person, would, if he were not such depositor, have been required by this Act to have effected an approved policy of insurance or an approved guarantee.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F171<br \/>\nSubstituted (13.01.1971) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 6 of 1971.<\/p>\n<p>Section 78<\/p>\n<h4>Provisions relating to Motor Insurers\u2019 Bureau of Ireland.<\/h4>\n<p>F172[78.\u2014(1) A person shall not carry on a class 10 mechanically propelled vehicle insurance business in the State unless he is a member of the Bureau.<\/p>\n<p>(2) A person shall not be an exempted person unless there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles owned by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.<\/p>\n<p>(3) The provisions of this section shall have effect notwithstanding any other provision of this or any other Act.<\/p>\n<p>(4) In this section,<\/p>\n<p>\u201cthe Bureau\u201d means the Motor Insurers\u2019 Bureau of Ireland.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F172<br \/>\nSubstituted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 9, commenced as per reg. 3(1).<\/p>\n<p>Section 78A<br \/>\nF173[<\/p>\n<h4>Vehicle insurers to provide details of motor insurance policies.<\/h4>\n<p>78A.\u2014(1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda S\u00edoch\u00e1na and the Motor Insurer\u2019s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.<\/p>\n<p>F174[(1A) Details made available under subsection (1) shall include\u2014<\/p>\n<p>(a) particulars, including the name and address, of the holder of a motor insurance policy,<\/p>\n<p>(b) the period of cover of the policy,<\/p>\n<p>(c) any limitations as to the use of a mechanically propelled vehicle under the policy,<\/p>\n<p>(d) the persons or the classes of persons whose liability is covered under the policy,<\/p>\n<p>(e) the vehicle (including the vehicle registration number) or class of vehicle the use of which is covered under the policy,<\/p>\n<p>(f) the names of any driver or the class of driver whose driving is covered under the policy, and<\/p>\n<p>(g) &#8230;]<\/p>\n<p>(2) In this subsection &#8220;motor insurance policies&#8221; means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F173<br \/>\nInserted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 77, S.I. No. 255 of 2011.<\/p>\n<p>F174<br \/>\nInserted (25.11.2019) by Road Traffic Act 2016 (21\/2016), s. 30, S.I. No. 582 of 2019.<\/p>\n<p>F175<br \/>\nSubstituted (22.12.2018) by Road Traffic Act 2018 (18\/2018), s. 5(b), S.I. No. 538 of 2018.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C58<br \/>\nProspective affecting provision: subs. (1A)(g) inserted by Road Traffic Act 2016 (21\/2016), s. 30, not commenced as of date of revision, as substituted (22.12.2018) by Road Traffic Act 2018 (18\/2018), s. 5(b), S.I. No. 538 of 2018.<\/p>\n<p>F175[(g) the number given at item 4d. and described as \u201cDriver number\u201d on the driving licence in scheduled form D.402 under Regulation 10 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) or the number given at item 4d. and described as \u201cDriver number\u201d on the learner permit in scheduled form D.202 under Regulation 17 of those Regulations.]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E660<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<p>Section 78B 78B<br \/>\nF176[<\/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>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12109\" data-postid=\"12109\" class=\"themify_builder_content themify_builder_content-12109 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Duties on Accident Where injury is caused to a person or property in a public place and a vehicle is involved, certain obligations arise.\u00a0 If the vehicle is not stationary, the driver must stop the vehicle.\u00a0 The driver or other person in charge of the vehicle must keep it at or near the place of [&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\/12109"}],"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=12109"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12109\/revisions"}],"predecessor-version":[{"id":12141,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12109\/revisions\/12141"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12109"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}