{"id":12117,"date":"2022-07-16T13:11:43","date_gmt":"2022-07-16T13:11:43","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12117"},"modified":"2024-04-13T11:19:13","modified_gmt":"2024-04-13T11:19:13","slug":"disqulaification","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/disqulaification\/","title":{"rendered":"Disqualification"},"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\/disqulaification\/#General\" title=\"General\">General<\/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\/disqulaification\/#Penalty_Points_Disqualification\" title=\"Penalty Points &amp; Disqualification\">Penalty Points &amp; Disqualification<\/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\/disqulaification\/#Endorsement\" title=\"Endorsement\">Endorsement<\/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\/disqulaification\/#Disqualification_on_Convictions\" title=\"Disqualification on Convictions\">Disqualification on Convictions<\/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\/disqulaification\/#Mandatory_Disqualification\" title=\"Mandatory Disqualification\">Mandatory Disqualification<\/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\/disqulaification\/#Capacity_Based_Disqualification\" title=\"Capacity Based Disqualification\">Capacity Based Disqualification<\/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\/disqulaification\/#Appeal\" title=\"Appeal\">Appeal<\/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\/disqulaification\/#Restoration\" title=\"Restoration\">Restoration<\/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\/disqulaification\/#International_Issues\" title=\"International Issues\">International Issues<\/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\/disqulaification\/#International_disqualification\" title=\"International disqualification\">International disqualification<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#ROAD_TRAFFIC_ACT\" title=\"ROAD TRAFFIC ACT\">ROAD TRAFFIC ACT<\/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-12\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#Offences_under_the_Road_Traffic_Acts_1961_to_2010_involving_Consequential_Disqualification_Orders\" title=\"Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.\">Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.<\/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-13\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#ROAD_TRAFFIC_ACT_1994\" title=\"ROAD TRAFFIC ACT 1994\">ROAD TRAFFIC ACT 1994<\/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-14\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#Interpretation_of_Part_III\" title=\"Interpretation of Part III.\">Interpretation of Part III.<\/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\/disqulaification\/2\/#Procedure_at_Bureau_regarding_specimens\" title=\"Procedure at Bureau regarding specimens.\">Procedure at Bureau regarding specimens.<\/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\/disqulaification\/2\/#Provisions_regarding_certain_evidence_in_prosecutions_under_sections_49_and_50_of_Principal_Act\" title=\"Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.\">Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.<\/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\/disqulaification\/2\/#Provisions_regarding_certain_evidence_in_proceedings_under_Road_Traffic_Acts_1961_to_1994\" title=\"Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.\">Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.<\/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\/disqulaification\/2\/#Defence_to_refusal_to_permit_taking_of_specimen_of_blood_or_to_provide_2_specimens_of_breath\" title=\"Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.\">Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.<\/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\/disqulaification\/2\/#Bar_to_certain_defence_to_charges_under_sections_49_and_50_of_Principal_Act\" title=\"Bar to certain defence to charges under sections 49 and 50 of Principal Act.\">Bar to certain defence to charges under sections 49 and 50 of Principal Act.<\/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\/disqulaification\/2\/#Amendment_of_provisions_relating_to_removal_of_consequential_disqualification_orders\" title=\"Amendment of provisions relating to removal of consequential disqualification orders.\">Amendment of provisions relating to removal of consequential disqualification orders.<\/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-21\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#ROAD_TRAFFIC_ACT_2004\" title=\"ROAD TRAFFIC ACT 2004\">ROAD TRAFFIC ACT 2004<\/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-22\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#Inspection_of_driving_licences_of_persons_charged_with_certain_offences\" title=\"Inspection of driving licences of persons charged with certain offences.\">Inspection of driving licences of persons charged with certain offences.<\/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\/disqulaification\/2\/#Courts_Service_to_inform_Minister_of_court_orders_under_section_36_and_29_of_Principal_Act\" title=\"Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.\">Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.<\/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-24\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#ROAD_TRAFFIC_ACT_2006\" title=\"ROAD TRAFFIC ACT 2006\">ROAD TRAFFIC ACT 2006<\/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-25\" href=\"https:\/\/legalblog.ie\/disqulaification\/2\/#Removal_of_disqualification\" title=\"Removal of disqualification.\">Removal of disqualification.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A mandatory consequential disqualification order follows\u00a0 conviction for \u00a0certain offences or for repeat convictions for offences. The offences for which disqualification is mandatory and listed in the legislation. These are referred to as consequential disqualification orders and apply for the periods set in the legislation. There will generally be discretion as to whether the person is also to produce a certificate of competence or fitness. There generally must \u00a0be some objective basis for such an order based on the drivers competence.<\/p>\n<p>There are certain offences for which there is automatic disqualification, and a certificate of competency and fitness is required. This includes in particular certain categories of dangerous and careless driving and certain lesser categories of driving where \u00a0a person was injured in consequence. In these cases person is disqualified unless the court is satisfied for a special reason which must be so found when the order is being made that person should not \u00a0be so disqualified. This requires extenuating circumstances.<\/p>\n<p>Disqualifications may apply to provisional licences. A person who has been disqualified may be obliged to apply for a certificate of competency in which event here she may apply for a provisional licence.<\/p>\n<p>A person without a licence may be disqualified after they\u00a0 produce a certificate of competency.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Penalty_Points_Disqualification\"><\/span>Penalty Points &amp; Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2002 Road Traffic Act provides for the imposition of penalty points.\u00a0 Generally, where a fixed penalty notice is paid in place of prosecution, the penalty points are at half the rate of that upon \u00a0court conviction. The legislation specifies the number of penalty points applicable to each type of offence.<\/p>\n<p>Generally, where \u00a0a person is convicted of one or more penalty point offences for the same event, the offence carrying the greater amount of penalty points only, is endorsed. Where a conviction is reversed on appeal, the points are removed.<\/p>\n<p>A person may be disqualified from having a driver\u2019s licence for a period of 12 months when he accumulates \u00a012 penalty points or more on his license.\u00a0 His Irish license stands suspended.\u00a0 It does not apply to a foreign driving licence.<\/p>\n<p>At the end of the period of disqualification the Minister shall cause to be removed any penalty point standing endorsed at the date of the notice. Penalty points remain on license for three years and are removed after that period.\u00a0 Notice is given of the removal.<\/p>\n<p>The Road Safety Authority. The Authority maintains licensing records including notes of points and disqualifications.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Endorsement\"><\/span>Endorsement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person charged with a wide range of offences, including most road \u00a0traffic offences must, on the first date he is to appear, or in a later date at the discretion of the judge, produce his driving licence or learner permit to the court clerk and provide a legible copy of that licence to the court.Certain convictions and disqualification orders may be endorsed in records in lieu of being endorsed in the licences.<\/p>\n<p>The penalty point system has largely replaced the provisions for endorsement of offences on licenses. Licences are maintained on electronic registers. The court is to direct that particulars of a conviction and disqualification are to be endorsed on the driving licence or on the licence record.<\/p>\n<p>Where a disqualification order is made whether an automatic disqualification or \u00a0a discretionary disqualification on the occasion of an offence or otherwise, the court officer is to notify the licensing authority.<\/p>\n<p>A disqualification may be endorsed on a visitor&#8217;s driving permit. Where the permit was issued by the Automobile Association, it is to be returned to it and it retains it for the \u00a0period of the disqualification.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Disqualification_on_Convictions\"><\/span>Disqualification on Convictions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The First Schedule to the Road Traffic Act 2002 sets out the penalty points for breach of various road traffic offences.\u00a0 It distinguishes between penalty points on fixed charge \u00a0notices and \u00a0on conviction.<\/p>\n<p>A person who is subject to a consequential ancillary or special disqualification order is disqualified from holding a licence. Any foreign licence which would otherwise be recognised and have effect in the State, is not recognised.<\/p>\n<p>A special disqualification order is effective immediately. A consequential ancillary disqualification order takes effect within 15 days being generally the appeal period. the court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mandatory_Disqualification\"><\/span>Mandatory Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are mandatory disqualification periods in respect of certain offences.\u00a0 In particular there are mandatory disqualifications for first and second offences for so called drunk driving, depending on the concentration of alcohol involved.\u00a0 In cases in excess of \u00a0150 mg per 100 ml of blood, there is a mandatory disqualification of three years for the first offence and six years for the second and subsequent offences. Below 80 mg over the legal limits, the disqualification is six months.<\/p>\n<p>The mandatory disqualification order has been held constitutional notwithstanding that it is mandatory.\u00a0 This is notwithstanding that it removes the judge&#8217;s discretion.\u00a0 It has also been held that the offence is still a minor offence triable in the District Court (without a jury) notwithstanding that disqualification may have a very far-reaching effect for a particular defendant accused e.g. a person who drives for a living.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Capacity_Based_Disqualification\"><\/span>Capacity Based Disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Special disqualification orders may arise where \u00a0members of an Garda Siochana or \u00a0appropriate authority have reasonable grounds to believe that a person who is a holder of a driving licence is by reason of disease, or physically or mentally in capacity unfit to drive a vehicle or vehicle of a particular class. They may apply to a judge of the District Court for removal of the licence.<\/p>\n<p>More generally, all drivers over a certain age who must reapply for their licence after that age more regularly.<\/p>\n<p>The Minister for Justice may specify certain diseases whether physical or mental by which a person is deemed automatically to be disqualified from holding any driving licence. These include \u00a0dependence on psychotropic drugs and certain conditions involving possible loss of consciousness<\/p>\n<p>A special disqualification order may be granted on foot of an application by a\u00a0 member of an Garda Siochana that the person concerned is unfit or incompetent to drive by reason of a physical or mental disability. The application is made to the District Court.<\/p>\n<p>The judge if so satisfied may \u00a0specify that the person is disqualified from driving a mechanically propelled vehicle or of a particular class or under the conditions specified unless and until he produces a certificate of fitness to the licensing authority.<\/p>\n<p>Where the judge is satisfied the persons is incompetent to drive any mechanically propelled vehicle or those of such class as are specified in the application, he or she shall make the appropriate disqualification order until the person produces a certificate of competency to the licence authority<\/p>\n<p>Similar provisions apply to provisional licences and visiting drivers permits.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appeal\"><\/span>Appeal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may on application at its discretion postpone the commencement of the disqualification order for a period of up to 6 months where there is a special reason relating to the person\u2019s circumstances\u00a0 including the nature of his employment which is proved to the court.<\/p>\n<p>If a person brings an appeal against a disqualification order\u00a0 has entered a\u00a0 recognisance to prosecute the appeal pending the appeal, the order may be suspended and may be changed on the appeal.<\/p>\n<p>In the case of a special disqualification order the court may direct that the order will be suspended pending an appeal. Where the appeal is withdrawn or determined against the applicant the disqualification takes effect thereafter or as the appeal court shall specify.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Restoration\"><\/span>Restoration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A disqualified person may apply to have a disqualification lifted before its expiry. This applies both in relation to automatic disqualifications and disqualifications orders made at the court&#8217;s discretion or because of capacity issues affecting the person concerned.<\/p>\n<p>Generally the application is made to the District Court. The disqualification order imposed may be \u00a0varied on an appeal to the Circuit Court or Court of Appeal.<\/p>\n<p>Where the disqualification is for two years or more by law the application may be made after one year. The disqualification may be from a specified date no earlier than two thirds of the way through the disqualification. The application is made on notice to the superintendent of the Garda Siochana \u00a0for the area person concerned resides.<\/p>\n<p>If the court is satisfied that circumstances exist which justify removal of the disqualification, in particular having regard to the person\u2019s character and conduct after conviction and the nature of the offence, the disqualification may be lifted. Consideration will be given to the applicants capacity to drive. The applicant may be ordered to pay the whole of the costs including that incurred by an Gardai.<\/p>\n<p>The Road Safety Authority is notified of\u00a0 the variation of the order where it is of the type which is endorsed on the licence. The lifting of the suspension is noted. There is provision for appeal from a refusal to the court above generally the Circuit Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"International_Issues\"><\/span>International Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The European Convention on Driving Disqualifications allows for recognition of driving endorsements and disqualifications in Convention countries. Where by reason of the commission of an offence in another country, the driving disqualification is imposed and the authority of the state concerned, notifies the Minister in writing of the disqualification, the Minister is to transmit the notification and other documents to the licensing authority which is the one which would grant a license to that person.<\/p>\n<p>An application to a judge, a licensing authority which has received a notice and other documents, subject to being satisfied of the matters may declare the person disqualified for the period specified. The judge may make an order that conduct for the disqualification does not constitute an offence or an offence for which disqualification may be imposed and \u00a0may refuse to make an order in the above circumstances.<\/p>\n<p>The disqualification period is not to exceed the maximum period of disqualification for which a person holding a license could be ordered by a court following conviction in the State for an equivalent offence.\u00a0 Periods of disqualification served in the other states shall be deducted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"International_disqualification\"><\/span>International disqualification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person who is normally reside in the State is disqualified in an another EU state of certain types of specified offence under the Convention, the relevant authority is to notify the Minister for Justice under the Convention.<\/p>\n<p>The licensing authority is given notice and can apply to the judge designated to make an order declaring the person to be disqualified for the same period. It is not to exceed the maximum amount of disqualification that could be imposed in the State. The period served in the other state shall be deducted.<\/p>\n<p>The order may not be made<\/p>\n<ul>\n<li>if the person has been disqualified in the state<\/li>\n<li>would have benefited from a general pardon or amnesty it the event took place in the State<\/li>\n<li>if the lapse of time between the offence and proceedings exceeded that applicable in Ireland<\/li>\n<li>if the judge considers the person did not have an adequate opportunity to defend herself in the proceedings<\/li>\n<li>the disqualification was imposed for something that is not an offence under the law of the State or is not an offence for which disqualification can be ordered<\/li>\n<li>less than one month remains expired<\/li>\n<\/ul>\n<p>Where a a person who normally resides in another European Union state is disqualified in Ireland the Courts Service notifies the Minister for Justice who is to notify the central authority in the state of residence of the disqualified person. There are certain exceptions provided for in the relevant Conventions.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>Schedule 2<br \/>\nF266[SECOND SCHEDULE<\/p>\n<h4>Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.<\/h4>\n<p>Section 26.<\/p>\n<p>Using mechanically propelled vehicle without test certificate.<\/p>\n<p>1. An offence by a person under subsection (2) of section 18, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.<\/p>\n<p>Driving mechanically propelled vehicle before remedying dangerous defect.<\/p>\n<p>2. An offence by a person under subsection (10) of section 20, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.<\/p>\n<p>Driving mechanically propelled vehicle when unfit.<\/p>\n<p>3. An offence by a person under section 48, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.<\/p>\n<p>Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.<\/p>\n<p>4. An offence under section 4 of the Road Traffic Act 2010.<\/p>\n<p>Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.<\/p>\n<p>5. An offence under section 5 of the Road Traffic Act 2010.<\/p>\n<p>F267[Failure to comply with requirement to perform impairment test<\/p>\n<p>5A. An offence under section 11 of the Road Traffic Act 2010.]<\/p>\n<p>Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.<\/p>\n<p>F268[(6) An offence under section 12, 13B or 14 of the Road Traffic Act 2010.]<\/p>\n<p>F269[Failure to give permission to forward specimen test certificate<\/p>\n<p>6A. An offence under section 17A of the Road Traffic Act 2010.]<\/p>\n<p>Careless driving.<\/p>\n<p>7. An offence by a person under section 52, where the contravention involved the driving of a mechanically propelled vehicle, being an offence committed in a period of 3 years in which 2 or more previous offences were committed by the person under that section for which he or she was convicted.<\/p>\n<p>Dangerous driving of mechanically propelled vehicle.<\/p>\n<p>8. An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle.<\/p>\n<p>Driving of dangerously defective mechanically propelled vehicle.<\/p>\n<p>9. An offence by a person under section 54, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.<\/p>\n<p>Parking mechanically propelled vehicle in dangerous position.<\/p>\n<p>10. An offence by a person under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.<\/p>\n<p>Use of mechanically propelled vehicle not insured.<\/p>\n<p>11. An offence under section 56.<\/p>\n<p>Failure to fulfil duties on occurrence of accident.<\/p>\n<p>12. (a) An offence under section 106 where the contravention involved non-compliance with F270[paragraph (a), (aa) or (b)] of subsection (1) of that section, injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned.<\/p>\n<p>(b) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.<\/p>\n<p>Taking mechanically propelled vehicle without authority.<\/p>\n<p>13. An offence under subsection (2) of section 112.<\/p>\n<p>Driving mechanically propelled vehicle without driving licence while disqualified, etc.<\/p>\n<p>14. An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.<\/p>\n<p>Using vehicle without certificate of roadworthiness.<\/p>\n<p>F271[15. An offence by a person under\u2014<\/p>\n<p>(a) Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), or<\/p>\n<p>(b) section 6(2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012,<\/p>\n<p>being an offence committed in a period of 3 years in which a previous offence was committed by the person under (a) or (b) for which he or she was convicted. ]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F265<br \/>\nSubstituted (15.11.2021) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 43, S.I. No. 575 of 2021.<\/p>\n<p>F266<br \/>\nSubstituted (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 65(2), S.I. No. 543 of 2011.<\/p>\n<p>F267<br \/>\nInserted (26.11.2014) by Road Traffic Act 2014 (3\/2014), s. 13(b)(i), S.I. No. 536 of 2014, in effect as per reg. 2(c).<\/p>\n<p>F268<br \/>\nSubstituted (13.04.2017) by Road Traffic Act 2016 (21\/2016), s. 21(1)(c), S.I. No. 129 of 2017.<\/p>\n<p>F269<br \/>\nInserted (26.11.2014) by Road Traffic Act 2014 (3\/2014), s. 13(b)(ii), S.I. No. 535 of 2014, in effect as per reg. 2.<\/p>\n<p>F270<br \/>\nSubstituted (8.02.2016) by Public Transport Act 2016 (3\/2016), s. 8(b), commenced on enactment.<\/p>\n<p>F271<br \/>\nSubstituted (15.11.2021) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 43, S.I. No. 575 of 2021.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C86<br \/>\nApplication of section extended by Road Traffic Act 2010 (25\/2010), s. 65(4) as inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28\/2011), s. 10, S.I. No. 542 of 2011.<\/p>\n<p>Consequential disqualification orders.<\/p>\n<p>65.\u2014 &#8230;<\/p>\n<p>(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)\u2014<\/p>\n<p>(a) the reference to section 4 of the Road Traffic Act 2010 in\u2014<\/p>\n<p>(i) paragraph 4 of the Second Schedule to, and<\/p>\n<p>(ii) section 26(4)(a)(i) and 26(4)(b) of,<\/p>\n<p>the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,<\/p>\n<p>(b) the reference to section 5 of the Road Traffic Act 2010 in\u2014<\/p>\n<p>(i) paragraph 5 of the Second Schedule to, and<\/p>\n<p>(ii) section 26(4)(b) of,<\/p>\n<p>the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,<\/p>\n<p>(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,<\/p>\n<p>(d) the reference to section 12 of the Road Traffic Act 2010 in\u2014<\/p>\n<p>(i) paragraph 6 of the Second Schedule to, and<\/p>\n<p>(ii) section 26(4)(a)(v) of,<\/p>\n<p>the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and<\/p>\n<p>(e) the reference to section 14 of the Road Traffic Act 2010 in\u2014<\/p>\n<p>(i) paragraph 6 of the Second Schedule to, and<\/p>\n<p>(ii) section 26(4)(a)(v) of,<\/p>\n<p>the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1031<br \/>\nPrevious affecting provision: paras. (14), (15) inserted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 6(2), S.I. No. 86 of 2007; substituted as per above F-note, subject to commencement of the substituting provision.<\/p>\n<p>E1032<br \/>\nPrevious affecting provision: schedule substituted (2.12.1994) by Road Traffic Act 1994 (7\/1994), s. 49(1)(l), S.I. No. 350 of 1994; superseded as per above F-note, subject to commencement of the substituting provision.<\/p>\n<p>E1033<br \/>\nPrevious affecting provision: schedule amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19\/1978), s. 24, S.I. No. 192 of 1978; substituted as per E-note above.<\/p>\n<p>E1034<br \/>\nPrevious affecting provision: schedule amended (1.09.1968) by Road Traffic Act 1968 (25\/1968), s. 6 and sch., S.I. No. 169 of 1968; substituted as per E-note above.<\/p>\n<h2>ROAD TRAFFIC ACT 1994<\/h2>\n<h4>Interpretation of Part III.<\/h4>\n<p>9.\u2014(1) In this Part\u2014<\/p>\n<p>\u201canalysis\u201d includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cBureau\u201d has the meaning assigned to it by section 37 (1) of the Act of 1968;<\/p>\n<p>\u201cdesignated\u201d means designated by a member of the Garda S\u00edoch\u00e1na;<\/p>\n<p>\u201cdoctor\u201d means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978;<\/p>\n<p>\u201cintoxicant\u201d includes alcohol and drugs and any combination of drugs or of drugs and alcohol.<\/p>\n<p>F6[&#8220;nurse&#8221; means a person registered in the register of nurses established under section 27 of the Nurses Act 1985.]<\/p>\n<p>(2) A reference in this Part (other than sections 10 and 11) to section 49 or 50 of the Principal Act is to the section inserted by this Part.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nInserted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(a), commenced on enactment.<\/p>\n<p>F7<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C18<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>9.\u2014F7[\u2026]<\/p>\n<p>C19<br \/>\nTerm \u201cGeneral Register of Medical Practitioners\u201d construed (1.05.2010) by Medical Practitioners Act 2007 (25\/2007), s. 108(2), S.I. No. 150 of 2010.<\/p>\n<p>Construction of references to registered medical practitioner and Medical Council, etc.<\/p>\n<p>108.\u2014 &#8230;<\/p>\n<p>(2) Every reference to the General Register of Medical Practitioners contained in any other enactment or any statutory instrument shall be construed as a reference to any division of the register.<\/p>\n<p>Section 10<br \/>\nProhibition on driving vehicle while under influence of intoxicant.<\/p>\n<p>10.\u2014F8[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Section 11<br \/>\nProhibition on being in charge of vehicle while under influence of intoxicant.<\/p>\n<p>11.\u2014F9[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Section 12<br \/>\nObligation to provide preliminary breath specimen.<\/p>\n<p>F10[12.\u2014(1) F11[\u2026]<\/p>\n<p>(2) F11[\u2026]<\/p>\n<p>(3) F11[\u2026]<\/p>\n<p>(4) F11[\u2026]<\/p>\n<p>(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda S\u00edoch\u00e1na for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.<\/p>\n<p>(6) F11[\u2026]<\/p>\n<p>(7) F11[\u2026]<\/p>\n<p>(8) F11[\u2026]<\/p>\n<p>(9) F11[\u2026]<\/p>\n<p>(10) F11[\u2026]]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2011 (7\/2011), s. 2, S.I. No. 253 of 2011.<\/p>\n<p>F11<br \/>\nRepealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 543 of 2011.<\/p>\n<p>F12<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C20<br \/>\nProspective affecting provision: subs. (5) repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>(5) F12[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nPrevious affecting provision: increased fine for offence under subs. (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 384 of 2006.<\/p>\n<p>E28<br \/>\nPrevious affecting provision: section substituted (1.12.2003) by Road Traffic Act 2003 (37\/2003), s. 2, S.I. No. 647 of 2003.<\/p>\n<p>E29<br \/>\nPrevious affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002.<\/p>\n<p>E30<br \/>\nPrevious affecting provision: section substituted by Road Traffic Act 2002 (12\/2002), s. 10, not commenced; repealed (1.12.2003) by Road Traffic Act 2003 (37\/2003), S.I. No. 647 of 2003.<\/p>\n<p>Section 13<br \/>\nObligation to provide specimen following arrest.<\/p>\n<p>13.\u2014(1) F13[\u2026]<\/p>\n<p>(2) F13[\u2026]<\/p>\n<p>(3) F13[\u2026]<\/p>\n<p>(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda S\u00edoch\u00e1na for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath.<\/p>\n<p>(5) F13[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nRepealed (29.10.2011), excluding subs. (4)) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>Prospective affecting provision: subs. (4) repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>(4) F13[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nPrevious affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 24, S.I. No. 543 of 2011.<\/p>\n<p>E32<br \/>\nPrevious affecting provision: presumption in relation to proof of written statement under subs. (1) provided (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 30, S.I. No. 543 of 2011.<\/p>\n<p>E33<br \/>\nPrevious affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23\/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25\/2010), s. 32(1), not commenced; repealed as per s. 32(2) (28.10.2011) by S.I. No. 543 of 2011.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: increased fine for offence under subss. (2) and (3) prescribed (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 86 of 2007.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: subs. (1) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(b), commenced on enactment.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: words in subs. (1) substituted (21.07.2006) by Road Traffic Act 2006 (23\/2006), s. 4(10), S.I. No. 384 of 2006.<\/p>\n<p>E37<br \/>\nPrevious affecting provision: words in subs. (1) substituted (1.12.2003) by Road Traffic Act 2003 (37\/2003), s. 3, S.I. No. 647 of 2003.<\/p>\n<p>E38<br \/>\nPrevious affecting provision: increased fine for offences under subss. (2) and (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002.<\/p>\n<p>E39<br \/>\nPrevious affecting provision: transitional procedure prescribed for offences under section committed on or after the 2.12.1994, but before enactment (25.05.1995) of the Road Traffic Act 1995 (7\/1995), s. 3, commenced on enactment.<\/p>\n<p>Section 14<br \/>\nObligation to accompany member to Garda S\u00edoch\u00e1na station, not under arrest, to provide blood or urine specimen.<\/p>\n<p>14.\u2014F14[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nRepealed (28.10.2011) Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E40<br \/>\nPrevious affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23\/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25\/2010), s. 32(1), not commenced; repealed as per subs. (2) (28.10.2011) by S.I. No. 543 of 2011.<\/p>\n<p>E41<br \/>\nPrevious affecting provision: increased fine for offence under subss. (2) and (5) prescribed (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 86 of 2007.<\/p>\n<p>E42<br \/>\nPrevious affecting provision: words in subs. (4) substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(c), commenced on enactment.<\/p>\n<p>E43<br \/>\nPrevious affecting provision: transitional procedure prescribed for offences under section committed on or after the 2.12.1994, but before enactment (25.05.1995) of the Road Traffic Act 1995 (7\/1995), s. 3, commenced on enactment.<\/p>\n<p>E44<br \/>\nPrevious affecting provision: increased fine for offence under subss. (2) and (5) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002.<\/p>\n<p>Section 15<br \/>\nObligation to provide blood or urine specimen while in hospital.<\/p>\n<p>15.\u2014 F15[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nRepealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E45<br \/>\nPrevious affecting provision: eligibility for fixed disqualification notice provided by Road Traffic Act 2006 (23\/2006), s. 5(2), (3), not commenced; substituted by Road Traffic Act 2010 (25\/2010), s. 32(1), not commenced; repealed as per s. 32(2) on commencement of s. 29 (28.10.2011) by S.I. No. 543 of 2011.<\/p>\n<p>E46<br \/>\nPrevious affecting provision: procedure for medical examination subsequent to arrest under subs. (1) prescribed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 24, S.I. No. 543 of 2011.<\/p>\n<p>E47<br \/>\nPrevious affecting provision: section substituted (1.06.2011) by Road Traffic Act 2011 (7\/2011), s. 3, S.I. No. 253 of 2011; repealed as per F-note above.<\/p>\n<p>E48<br \/>\nPrevious affecting provision: increased fine for offence under subs. (2) prescribed (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 86 of 2007.<\/p>\n<p>E49<br \/>\nPrevious affecting provision: increased fine for offence under subs. (2) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002.<\/p>\n<p>E50<br \/>\nPrevious affecting provision: transitional procedure prescribed for offences under section committed on or after 2.12.1994, but before enactment (25.05.1995) by Road Traffic Act 1995 (7\/1995), s. 3, commenced on enactment.<\/p>\n<p>Section 16<br \/>\nDetention of intoxicated drivers where a danger to selves or others.<\/p>\n<p>16.\u2014F16[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nRepealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E51<br \/>\nPrevious affecting provision: substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(d), commenced on enactment.<\/p>\n<p>E52<br \/>\nPrevious affecting provision: application of section extended (1.05.2006) by Railway Safety Act 2005 (31\/2005), s. 102, S.I. No. 215 of 2006.<\/p>\n<p>Section 17<br \/>\nProcedure following provision of breath specimen under section 13.<\/p>\n<p>17.\u2014F17[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nRepealed (29.10.2011) by Road Traffic Act 2010 (25\/2010), s. 33(c), S.I. No. 544 of 2011.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E53<br \/>\nPrevious affecting provision: power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010).<\/p>\n<p>E54<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.07.1999) by Road Traffic Act 1994 (Section 17) Regulations 1999 (S.I. No. 326 of 1999); revoked (11.10.2010) by Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations 2010 (S.I. No. 433 of 2010).<\/p>\n<p>E55<br \/>\nPrevious affecting provision: increased fine for offence under subs. (4) prescribed (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 86 of 2007.<\/p>\n<p>E56<br \/>\nPrevious affecting provision: increased fine for offence under subs. (4) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002; superseded by E-note above.<\/p>\n<p>Section 18<br \/>\nProcedure regarding taking of specimens of blood and provision of specimens of urine.<\/p>\n<p>18.\u2014F18[(1) Where under this Part a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section.]<\/p>\n<p>(2) Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda S\u00edoch\u00e1na shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.<\/p>\n<p>(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda S\u00edoch\u00e1na shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.<\/p>\n<p>(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(e), commenced on enactment.<\/p>\n<p>F19<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C21<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>18.\u2014F19[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E57<br \/>\nPower pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).<\/p>\n<p>E58<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>E59<br \/>\nPrevious affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>Section 19<\/p>\n<h4>Procedure at Bureau regarding specimens.<\/h4>\n<p>19.\u2014(1) As soon as practicable after it has received a specimen forwarded to it under section 18, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.<\/p>\n<p>(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.<\/p>\n<p>(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda S\u00edoch\u00e1na station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.<\/p>\n<p>(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C22<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>19.\u2014F20[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E60<br \/>\nPower pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).<\/p>\n<p>E61<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>E62<br \/>\nPrevious affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>Section 20<\/p>\n<h4>Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.<\/h4>\n<p>20.\u2014(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15.<\/p>\n<p>(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant\u2014<\/p>\n<p>(a) that, but for that consumption, the concentration of alcohol in the defendant\u2019s blood (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,<\/p>\n<p>(b) that, but for that consumption, the concentration of alcohol in the defendant\u2019s urine (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or<\/p>\n<p>(c) that, but for that consumption, the concentration of alcohol in the defendant\u2019s breath (as specified in a statement under section 17) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.<\/p>\n<p>(3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.<\/p>\n<p>(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to F21[a fine not exceeding \u20ac5,000] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) was so taken with the intention of frustrating a prosecution under either of those sections, the court may find him guilty of an offence under subsection (3).<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (5.03.2007) by Road Traffic Act 2006 (23\/2006), s. 18(1)(d), S.I. No. 86 of 2007. A fine of \u20ac5,000 translates into a class A fine, not greater than \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>F22<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C23<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>20.\u2014F22[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E63<br \/>\nPrevious affecting provision: increased fine for offence under subs. (3) prescribed (31.10.2002) by Road Traffic Act 2002 (12\/2002), s. 23(1)(d), S.I. No. 491 of 2002.<\/p>\n<p>Section 21<\/p>\n<h4>Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.<\/h4>\n<p>21.\u2014(1) A duly completed statement purporting to have been supplied under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda S\u00edoch\u00e1na concerned with the requirements imposed on him by or under this Part prior to and in connection with the supply by him pursuant to section 17 (2) of such statement.<\/p>\n<p>(2) A duly completed form under section 18 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the F23[designated doctor or designated nurse] concerned with the requirements imposed on him by or under this Part.<\/p>\n<p>(3) A certificate expressed to have been issued under section 19 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under this Part or Part V of the Act of 1968.<\/p>\n<p>(4) In a prosecution for an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 it shall be presumed until the contrary is shown that each of the following persons is a F23[designated doctor or designated nurse, as the case may be]\u2014<\/p>\n<p>(a) a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person\u2019s blood or was provided by another person with a specimen of that other person\u2019s urine,<\/p>\n<p>(b) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to permit the taking by him of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his in relation to the taking of such a specimen,<\/p>\n<p>(c) a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to provide for him a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his in relation to the provision of such a specimen.<\/p>\n<p>F23[(5) Where under section 13, 14 or 15 a designated doctor, or under section 13 or 14 a designated nurse, states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor or nurse, shall, in any proceedings under the Road Traffic Acts 1961 to 2006 be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nSubstituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(f), commenced on enactment.<\/p>\n<p>F24<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C24<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>21.\u2014F24[\u2026]<\/p>\n<p>Section 22<br \/>\nCosts of prosecutions under sections 49 and 50 of Principal Act and Part III.<\/p>\n<p>22.\u2014(1) Where a person is convicted of an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15, committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.<\/p>\n<p>(2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C25<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>22.\u2014F25[\u2026]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E64<br \/>\nPower pursuant to section exercised (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010).<\/p>\n<p>E65<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>E66<br \/>\nPrevious affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.<\/p>\n<p>Section 23<\/p>\n<h4>Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.<\/h4>\n<p>23.\u2014(1) In a prosecution of a person for an offence under section 13 for refusing or failing to comply with a requirement to provide 2 specimens of his breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.<\/p>\n<p>(2) In a prosecution of a person for an offence under section 13, 14 or 15 for refusing or failing to comply with a requirement to permit a F26[designated doctor or designated nurse] to take a specimen of blood or for refusing or failing to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.<\/p>\n<p>(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to comply with a requirement to provide 2 specimens of his breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his blood or to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, as the case may be.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nSubstituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(g), commenced on enactment.<\/p>\n<p>F27<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C26<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>23.\u2014F27[\u2026]<\/p>\n<p>Section 24<\/p>\n<h4>Bar to certain defence to charges under sections 49 and 50 of Principal Act.<\/h4>\n<p>24.\u2014It shall not be a defence for a person charged with an offence under section 49 (1) or 50 (1) of the Principal Act to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under the Road Traffic Acts, 1961 to 1994, has not been carried out or that he has not been requested under F28[section 12 of this Act or section 4 of the Road Traffic Act 2006] to provide a specimen of his breath.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nSubstituted (4.10.2006) by Road Traffic and Transport Act 2006 (28\/2006), s. 1(1)(h), commenced on enactment.<\/p>\n<p>F29<br \/>\nRepealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C27<br \/>\nProspective affecting provision: section repealed by Road Traffic Act 2010 (25\/2010), s. 33(c), not commenced as of date of revision.<\/p>\n<p>24.\u2014F29[\u2026]<\/p>\n<p>PART IV<\/p>\n<p>Driving Licences<\/p>\n<p>Section 25<br \/>\nRequirement to carry driving licence while driving vehicle.<\/p>\n<p>25.\u2014F30[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F30<br \/>\nRepealed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 59(2)(a), S.I. No. 255 of 2011.<\/p>\n<p>Section 26<br \/>\nConsequential disqualification orders.<\/p>\n<p>26.\u2014F31[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F31<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 65(3)(a), S.I. No. 543 of 2011.<\/p>\n<p>Section 27<\/p>\n<h4>Amendment of provisions relating to removal of consequential disqualification orders.<\/h4>\n<p>27.\u2014Section 29 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1):<\/p>\n<p>\u201c(1A) Notwithstanding the provisions of subsection (1) (a)\u2014<\/p>\n<p>(a) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) or (5) of section 26 (as inserted by section 26 of the Road Traffic Act, 1994) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) or (5), as the case may be, to be not less than 2 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 9 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 1 year after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified;<\/p>\n<p>(b) a person in respect of whom a consequential disqualification order has been made on conviction for an offence to which subsection (4) of section 26 (as so inserted) of this Act applies, and in respect of which the period of disqualification specified in the order is required by the said subsection (4) to be not less than 4 years, may at any time and (save as hereinafter mentioned) from time to time after the expiration of 21 months from the beginning of the period of disqualification and before the expiration of that period, apply to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than 2 years after the beginning of the period of disqualification but, if it does so, shall order the person to comply with any requirement contained in the disqualification order that the person produce to the appropriate licensing authority the certificate or certificates therein specified,<\/p>\n<p>and the references in the other provisions of this section to subsection (1) of this section shall be construed as including references to this subsection.\u201d.<\/p>\n<p>Section 28<br \/>\nProvision of particulars of disqualifications to certain persons.<\/p>\n<p>28.\u2014The following is substituted for section 42 (4) (d) of the Principal Act:<\/p>\n<p>\u201c(d) the notification to licensing authorities and such other (if any) persons as may be prescribed of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.\u201d.<\/p>\n<p>Section 29<br \/>\nApplication of provisions of Principal Act to provisional licences.<\/p>\n<p>29.\u2014(1) F32[\u2026]<\/p>\n<p>(2) Section 35 of the Principal Act is hereby amended by the substitution in paragraph (c) of subsection (3) for \u201cdefendant\u201d of \u201cperson driving the vehicle\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F32<br \/>\nRepealed (30.10.2007) by Road Traffic Act 2006 (23\/2006), s. 11(4), S.I. No. 718 of 2007.<\/p>\n<h2>ROAD TRAFFIC ACT 2004<\/h2>\n<h4>Inspection of driving licences of persons charged with certain offences.<\/h4>\n<p>21.\u2014The following section is substituted for section 22 of the Act of 2002:<\/p>\n<p>\u201c22.\u2014(1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2004 other than\u2014<\/p>\n<p>(a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or<\/p>\n<p>(b) section 35 (in so far as it relates to the parking of vehicles) or section 36 of the Act of 1994,<\/p>\n<p>and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge, produce to the Court his or her driving licence and the Court shall record whether or not the licence has been produced.<\/p>\n<p>(2) A person who fails to produce his or her licence to the court in accordance with the requirements of subsection (1) is guilty of an offence.<\/p>\n<p>(3) In any proceedings for an offence under subsection (2)\u2014<\/p>\n<p>(a) a certified copy of a court order in relation to an offence referred to in subsection (1), or<\/p>\n<p>(b) any other form of notification certifying that the driving licence was not produced to the court as provided for in the Rules of Court,<\/p>\n<p>is admissible as evidence of those facts.\u201d.<\/p>\n<p>Section 24<\/p>\n<h4>Courts Service to inform Minister of court orders under section 36 and 29 of Principal Act.<\/h4>\n<p>24.\u2014Section 36 of the Principal Act is amended by substituting for subsection (8) (inserted by section 8(b) of the Act of 2002) the following:<\/p>\n<p>\u201c(8) The Courts Service shall inform the Minister of an order made\u2014<\/p>\n<p>(a) under subsection (3) or (4) of this section,<\/p>\n<p>(b) suspending or postponing an order under either of those subsections, or<\/p>\n<p>(c) under section 29 of this Act removing a consequential or ancillary disqualification.\u201d.<\/p>\n<p>Section 25<br \/>\nAmendment of section 9 of Act of 2002 (disqualification pursuant to European Convention on Driving Disqualifications).<\/p>\n<p>25.\u2014Section 9 of the Act of 2002 is amended by\u2014<\/p>\n<p>(a) substituting for subsection (8) the following:<\/p>\n<p>\u201c(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the Minister and the Minister shall cause the central authority of the State of the offence to be notified thereof.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (9), substituting for paragraph (a) the following:<\/p>\n<p>\u201c(a) the Courts Service shall\u2014<\/p>\n<p>(i) notify the Minister of the disqualification as soon as may be, and<\/p>\n<p>(ii) comply with any request of the Minister for further details or information relating to the person, the offence, the disqualification or otherwise required for the purpose of the Convention,<\/p>\n<h2>ROAD TRAFFIC ACT 2006<\/h2>\n<h4>Removal of disqualification.<\/h4>\n<p>7.\u2014 The following section is substituted for section 29 of the Principal Act:<\/p>\n<p>\u201c29.\u2014 (1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.<\/p>\n<p>(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.<\/p>\n<p>(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.<\/p>\n<p>(4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.<\/p>\n<p>(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda S\u00edoch\u00e1na for the district in which the person ordinarily resides.<\/p>\n<p>(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.<\/p>\n<p>(7) In this section \u2018disqualification order\u2019 means a consequential or an ancillary disqualification order.\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12117\" data-postid=\"12117\" class=\"themify_builder_content themify_builder_content-12117 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General A mandatory consequential disqualification order follows\u00a0 conviction for \u00a0certain offences or for repeat convictions for offences. The offences for which disqualification is mandatory and listed in the legislation. These are referred to as consequential disqualification orders and apply for the periods set in the legislation. There will generally be discretion as to whether the [&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\/12117"}],"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=12117"}],"version-history":[{"count":15,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12117\/revisions"}],"predecessor-version":[{"id":35300,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12117\/revisions\/35300"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12117"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}