Road Traffic Act, 1994

Road Traffic Act, 1994 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1994 Road Traffic Act, 1994 Road Traffic Act, 1994 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 7 of 1994 ROAD TRAFFIC ACT, 1994 ARRANGEMENT OF SECTIONS PART I Preliminary and General Section 1. Short title, commencement, construction and collective citation. 2. Interpretation. 3. Regulations. 4. Repeals. PART II The Bureau 5. Definitions for Part V of Act of 1968. 6. Functions and duties of Bureau. 7. Functions of Director. 8. Protection of Director, etc., against legal proceedings. PART III Driving Offences 9. Interpretation of Part III. 10. Prohibition on driving vehicle while under influence of intoxicant. 11. Prohibition on being in charge of vehicle while under influence of intoxicant. 12. Obligation to provide preliminary breath specimen. 13. Obligation to provide specimen following arrest. 14. Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen. 15. Obligation to provide blood or urine specimen while in hospital. 16. Detention of intoxicated drivers where a danger to selves or others. 17. Procedure following provision of breath specimen under section 13. 18. Procedure regarding taking of specimens of blood and provision of specimens of urine. 19. Procedure at Bureau regarding specimens. 20. Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act. 21. Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994. 22. Costs of prosecutions under sections 49 and 50 of Principal Act and Part III. 23. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath. 24. Bar to certain defence to charges under sections 49 and 50 of Principal Act. PART IV Driving Licences 25. Requirement to carry driving licence while driving vehicle. 26. Consequential disqualification orders. 27. Amendment of provisions relating to removal of consequential disqualification orders. 28. Provision of particulars of disqualifications to certain persons. 29. Application of provisions of Principal Act to provisional licences. PART V Speed Limits 30. Amendment of section 44A of Principal Act. 31. Motorway speed limit. 32. Amendment of section 45 of Principal Act. 33. Special speed limits. 34. Amendment of section 47 of Principal Act. PART VI Regulation of Traffic 35. Regulations for general control of traffic and pedestrians. 36. Parking of vehicles in parking places on public roads. 37. Amendment of section 95 of Principal Act. 38. Traffic calming measures. PART VII Miscellaneous 39. Powers of entry. 40. Amendment of Road Vehicles (Registration and Licensing) Order, 1958. 41. Detention of vehicles. 42. Power of road authority to provide and maintain certain equipment, etc. on public roads. 43. Amendment of section 103 of Principal Act. 44. Amendment of section 105 of Principal Act. 45. Amendment of section 106 of Principal Act. 46. Amendment of section 107 of Principal Act. 47. Amendment of section 9 of Principal Act. 48. Summary proceedings. 49. Minor and consequential amendments. Number 7 of 1994 ROAD TRAFFIC ACT, 1994 AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 TO 1987. [20th April, 1994] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title, commencement, construction and collective citation. 1.—(1) This Act may be cited as the Road Traffic Act, 1994. (2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions, including the application of section 4 to different Acts specified therein and to different provisions of those Acts. (3) The Principal Act, the Act of 1968, the Act of 1984 and the Act of 1987 (in so far as it amends those Acts), shall be construed as one with this Act and may be cited together therewith as the Road Traffic Acts, 1961 to 1994. Interpretation. 2.—(1) In this Act, save where the context otherwise requires— “the Act of 1968” means the Road Traffic Act, 1968 ; “the Act of 1978” means the Road Traffic (Amendment) Act, 1978 ; “the Act of 1984” means the Road Traffic (Amendment) Act, 1984 ; “the Act of 1987” means the Dublin Transport Authority (Dissolution) Act, 1987 ; “the Act of 1993” means the Roads Act, 1993 ; “licensing authority” means the council of a county or the corporation of a county borough; “prescribed” means prescribed by regulations made by the Minister under this Act; “the Principal Act” means the Road Traffic Act, 1961 ; “reserved function” means— (a) in the case of the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1991, a reserved function for the purposes of those Acts, and (b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough. (2) In this Act— (a) a reference to a Part, section or Schedule is to a Part, section or Schedule of this Act, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. Regulations. 3.—(1) The Minister may make regulations for the purpose of giving full effect to this Act and such regulations may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (2) Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next subsequent 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Repeals. 4.—(1) Sections 89, 90, 101 (8), 101A (inserted by the Act of 1987) and 115 (7) of the Principal Act, section 60 of the Act of 1968 and the Act of 1978 are hereby repealed. (2) Regulations, bye-laws and temporary rules made under a provision or enactment referred to in subsection (1) and in force immediately before the commencement of this section shall continue in force and be deemed to be regulations or, as the case may be, bye-laws made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under or in accordance with any regulations, bye-laws or temporary rules as aforesaid and in force immediately before such commencement shall continue in force for the purposes of this Act. PART II The Bureau Definitions for Part V of Act of 1968. 5.—The following is substituted for section 27 of the Act of 1968: “27.—In this Part— ‘analysis’ includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly; ‘Bureau’ has the meaning assigned to it by section 37 (1); ‘Director’ has the meaning assigned to it by section 39 (1); ‘establishment order’ has the meaning assigned to it by section 37 (1).”. Functions and duties of Bureau. 6.—Section 38 of the Act of 1968 is hereby amended— (a) by the substitution of the following subsections for subsections (1) and (2): “(1) The Bureau shall perform the functions assigned to it by or under this Act or the Road Traffic Act, 1994. (2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall, subject to the establishment order and to any regulations under Part III of the Road Traffic Act, 1994, arrange for— (a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under Part III of the Road Traffic Act, 1994, and the issue of reports on such analyses, (b) the determination, in respect of such specimens, of the concentration of alcohol in the blood or urine and of the presence (if any) of a drug or drugs in the blood or urine, (c) the issue of certificates required under Part III of the Road Traffic Act, 1994, to be issued by the Bureau, (d) the provision of equipment for the taking of such specimens, (e) the approval of— (i) apparatus for indicating the presence of alcohol, and (ii) apparatus for determining the concentration of alcohol, in the breath.”, and (b) in subsection (4), by the substitution of the following paragraph for paragraph (a): “(a) arrange for the supply and testing of— (i) apparatus for indicating the presence of alcohol, and (ii) apparatus for determining the concentration of alcohol, in the breath,”. Functions of Director. 7.—The following is substituted for section 39 (2) of the Act of 1968: “(2) The Director shall, subject to this Part, the establishment order and any regulations under Part III of the Road Traffic Act, 1994, manage the day-to-day business of the Bureau and exercise general supervision in relation to the performance by it of the functions assigned to it by or under this Act or the Road Traffic Act, 1994.”. Protection of Director, etc., against legal proceedings. 8.—Section 42 of the Act of 1968 is hereby amended by the insertion after “Act” of “, the Road Traffic (Amendment) Act, 1978 , or the Road Traffic Act, 1994”. PART III Driving Offences Interpretation of Part III . 9.—(1) In this Part— “analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly; “Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968; “designated” means designated by a member of the Garda Síochána; “doctor” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978 ; “intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol. (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. Prohibition on driving vehicle while under influence of intoxicant. 10.—The following section is inserted in the Principal Act in substitution for section 49 of that Act: “49.—(1) (a) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. (b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol. (2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood. (3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine. (4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath. (5) (a) The Minister may, by regulations made by him, vary the concentration of alcohol for the time being standing specified in subsection (2), (3) or (4) of this section, whether generally or in respect of a particular class of person, and the said subsection shall have effect in accordance with any such regulations for the time being in force. (b) A draft of every regulation proposed to be made under this subsection shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House and section 5 (2) of this Act shall not apply to a regulation made under this subsection. (6) (a) A person who contravenes subsection (1), (2), (3) or (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (b) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 50 of this Act. (7) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. (8) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.”. Prohibition on being in charge of vehicle while under influence of intoxicant. 11.—The following section is inserted in the Principal Act in substitution for section 50 of that Act: “50.—(1) (a) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. (b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol. (2) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood. (3) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his urine will exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine. (4) A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his breath will exceed a concentration of 35 microgrammes of alcohol per 100 millilitres of breath. (5) (a) The Minister may, by regulations made by him, vary the concentration of alcohol for the time being standing specified in subsection (2), (3) or (4) of this section, whether generally or in respect of a particular class of person, and the said subsection shall have effect in accordance with any such regulations for the time being in force. (b) A draft of every regulation proposed to be made under this subsection shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House and section 5 (2) of this Act shall not apply to a regulation made under this subsection. (6) (a) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (b) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 49 of this Act. (7) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. (8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he shows the contrary. (9) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872 , with the offence of being drunk while in charge, on a highway or other public place, of a carriage. (10) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.”. Obligation to provide preliminary breath specimen. 12.—(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require the person— (a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his breath and may indicate the manner in which he is to comply with the requirement; (b) to accompany him to a place (including a vehicle) at or in the vicinity of that public place and there require him to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement; (c) where he does not have such an apparatus with him, to remain at that place in his presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him (but he shall not require him to so remain for more than one hour) and he may then require the person to provide, by exhaling into such an apparatus, a specimen of his breath and may indicate the manner in which he is to comply with the requirement. (2) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section. (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 Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath. Obligation to provide specimen following arrest. 13.—(1) Where a person is arrested under section 49 (8) or 50 (10) of the Principal Act or section 12 (3) , or where a person is arrested under section 53 (6), 106 (3A) or 112 (6) of the Principal Act and a member of the Garda Síochána is of opinion that the person has consumed an intoxicant, a member of the Garda Síochána may, at a Garda Síochána station, at his discretion, do either or both of the following— (a) require the person to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his breath and may indicate the manner in which he is to comply with the requirement, (b) require the person either— (i) to permit a designated doctor to take from the person a specimen of his blood, or (ii) at the option of the person, to provide for the designated doctor a specimen of his urine, and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing subparagraphs related, the member may make a requirement of the person under this paragraph in relation to the specimen other than that to which the first requirement related. (2) Subject to section 23 , a person who refuses or fails to comply forthwith with a requirement under subsection (1)(a) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) Subject to section 23 , a person who, following a requirement under subsection (1)(b)— (a) refuses or fails to comply with the requirement, or (b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (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 Síochána 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. (5) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen. 14.—(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place is under the influence of a drug or drugs to such an extent as to be incapable of having proper control of the vehicle, he may require the person to accompany him to a Garda Síochána station. (2) A person who refuses or fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under subsection (2). (4) Where a person is at a Garda Síochána station either pursuant to subsection (1) or having been arrested under subsection (3), a member of the Garda Síochána may there require the person either— (a) to permit a designated doctor to take from the person a specimen of his blood, or (b) at the option of the person, to provide for the designated doctor a specimen of his urine, and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing paragraphs related, the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related. (5) Subject to section 23 , a person who, following a requirement under subsection (4)— (a) refuses or fails to comply with the requirement, or (b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (6) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. Obligation to provide blood or urine specimen while in hospital. 15.—(1) Where, in a public place, an event occurs in relation to a mechanically propelled vehicle in consequence of which a person is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda Síochána is of opinion that, at the time of the event,— (a) the person was driving or attempting to drive, or in charge of with intent to drive or attempt to drive (but not driving or attempting to drive), the mechanically propelled vehicle, and (b) the person had consumed an intoxicant, then such member may, in the hospital, require the person either— (i) to permit a designated doctor to take from the person a specimen of his blood, or (ii) at the option of the person, to provide for the designated doctor a specimen of his urine, and if the doctor states in writing that he is unwilling, on medical grounds, to take from the person or be provided by him with the specimen to which the requirement in either of the foregoing sub-paragraphs related, the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related. (2) Subject to section 23 , a person who, following a requirement under subsection (1)— (a) refuses or fails to comply with the requirement, or (b) refuses or fails to comply with a requirement of a designated doctor in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (3) Notwithstanding subsection (2), it shall not be an offence for a person to refuse or fail to comply with a requirement under subsection (1) where, following his admission to, or attendance at, a hospital, the person comes under the care of a doctor and the doctor refuses, on medical grounds, to permit the taking or provision of the specimen concerned. (4) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section. Detention of intoxicated drivers where a danger to selves or others. 16.—(1) Where a person is— (a) at a Garda Síochána station having been arrested under section 49 (8) or 50 (10) of the Principal Act or section 12 (3) or 14 (3), or (b) required under section 14 (1) to accompany a member of the Garda Síochána to a Garda Síochána station and complies with the requirement, he may, at the Garda Síochána station, if the member of the Garda Síochána for the time being in charge of the station is of opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to the safety of himself or others, be detained in custody for such period (not exceeding 6 hours from the time of his arrest or, as the case may be, from the time he was required to accompany a member to the station) as the member of the Garda Síochána so in charge considers necessary. (2) Where a person is detained under subsection (1), the member of the Garda Síochána for the time being in charge of the Garda Síochána station shall— (a) in case the person detained is or the said member is of opinion that he is 18 years of age or more, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention, unless the person so detained does not wish any person to be so informed, and (b) in case the person detained is or the said member is of opinion that he is under the age of 18 years, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention. (3) A person detained under subsection (1) shall— (a) in case he is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he is 18 years of age or more, upon the attendance at the station of a person being either a relative of, or a person specified pursuant to subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless— (i) the latter person is or the said member is of opinion that he is under the age of 18 years, (ii) the person so detained does not wish to be released into the custody of the latter person, or (iii) the member aforesaid is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he is then released into the custody of the latter person, he will continue to be a threat to the safety of himself or others, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1), and (b) in case he is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he is under the age of 18 years, upon the attendance at the station of a person being either a relative of, or a person specified pursuant to subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless the latter person is or the said member is of opinion that he is under the age of 18 years, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1). Procedure following provision of breath specimen under section 13 . 17.—(1) Where, consequent on a requirement under section 13 (1)(a) of him, a person provides 2 specimens of his breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen— (a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and (b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol, shall be taken into account for the purposes of sections 49 (4) and 50 (4) of the Principal Act and the other specimen shall be disregarded. (2) Where the apparatus referred to in section 13 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 49 (4) or 50 (4) of the Principal Act, he shall be supplied forthwith by a member of the Garda Síochána with 2 identical statements, automatically produced by the said apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in the said specimen determined by the said apparatus. (3) On receipt of the statements aforesaid, the person shall on being requested so to do by the member aforesaid— (a) forthwith acknowledge such receipt by placing his signature on each statement, and (b) thereupon return either of the statements to the member. (4) A person who refuses or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both. (5) Section 21 (1) shall apply to a statement under this section as respects which there has been a failure to comply with subsection (3) (a) as it applies to a duly completed statement under this section. Procedure regarding taking of specimens of blood and provision of specimens of urine. 18.—(1) Where under this Part a designated doctor has taken a specimen of blood from a person or has been provided by the person with a specimen of his urine, the doctor shall divide the specimen into 2 parts, place each part in a container which he shall forthwith seal and complete the form prescribed for the purposes of this section. (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 Síochána 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. (3) As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána 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. (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. Procedure at Bureau regarding specimens. 19.—(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. (2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine. (3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it. (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. Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act. 20.—(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 . (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— (a) that, but for that consumption, the concentration of alcohol in the defendant's 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, (b) that, but for that consumption, the concentration of alcohol in the defendant's 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 (c) that, but for that consumption, the concentration of alcohol in the defendant's 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. (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. (b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Where, on the hearing of a charge for an offence under section 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). Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994. 21.—(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 Síochána 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. (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 designated doctor concerned with the requirements imposed on him by or under this Part. (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. (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 designated doctor— (a) a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person's blood or was provided by another person with a specimen of that other person's urine, (b) a person for whom, following a requirement under section 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, (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. (5) Where, pursuant to section 13 , 14 or 15 , a designated doctor states in writing that he is unwilling, on medical grounds, to take from a person a specimen of his blood or be provided by him with a specimen of his urine, the statement signed by the doctor shall, in any proceedings under the Road Traffic Acts, 1961 to 1994, be sufficient evidence, until the contrary is shown, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it. Costs of prosecutions under sections 49 and 50 of Principal Act and Part III . 22.—(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. (2) Payments under subsection (1) shall be disposed of in such manner as may be prescribed. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath. 23.—(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. (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 designated doctor to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor 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. (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 designated doctor in relation to the taking of a specimen of blood, as the case may be. Bar to certain defence to charges under sections 49 and 50 of Principal Act. 24.—It 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 section 12 to provide a specimen of his breath. PART IV Driving Licences Requirement to carry driving licence while driving vehicle. 25.—The following section is inserted in the Principal Act in substitution for section 40 of that Act: “40.—(1) (a) A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production to him of a driving licence then having effect and licensing the said person to drive the vehicle, and if the person refuses or fails so to produce the licence there and then, he shall be guilty of an offence. (b) Where a person of whom the production of a driving licence is demanded under this section refuses or fails to produce the licence there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the said requirement the licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement and, if the person refuses or fails so to produce the licence, he shall be guilty of an offence. (c) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, pursuant to paragraph (b), to produce the driving licence, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence in accordance with the said paragraph (b) shall, without proof of the signature of the person purporting to sign the certificate or that he was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate. (d) Where any person is required to produce a driving licence at a Garda Síochána station and the person produces the licence within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence was so produced and such certificate shall be evidence of the facts stated in the certificate. (2) Where a person of whom the production of a driving licence is demanded or required under this section produces the licence in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence, he shall be guilty of an offence. (3) Where a person of whom the production of a driving licence is demanded or required under this section refuses or fails so to produce the licence or produces the licence but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence, the member may demand of the person his name and address and, if the person refuses or fails to give to the member his name and address or gives to the member a name or address which is false or misleading, he shall be guilty of an offence. (4) A member of the Garda Síochána may arrest without warrant— (a) a person who pursuant to this section produces a driving licence to the member but refuses or fails to permit the member to read it, or (b) a person who, when his name and address is lawfully demanded of him by the member under this section, refuses or fails to give to the member his name and address or gives to the member a name or address which the member reasonably believes to be false. (5) A person who, when the production of a driving licence is demanded or required of him under this section, does not produce the licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of subsection (1) of this section.”. Consequential disqualification orders. 26.—The following section shall be substituted for section 26 of the Principal Act: “26.—(1) Subject to subsection (5) (b) of this section, where a person is convicted of an offence specified in the Second Schedule to this Act, the court shall make an order (in this Act referred to as a consequential disqualification order) declaring him to be disqualified for holding a driving licence. (2) Subject to subsection (3) of this section, a consequential disqualification order shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both. (3) A consequential disqualification order resulting from a conviction for an offence under section 49 or 50 or section 53, where the contravention involved the driving of a mechanically propelled vehicle or section 106, where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, of this Act or section 13 , 14 or 15 of the Road Traffic Act, 1994, shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case such that it should not so operate, thereafter until he has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness. (4) (a) Subject to paragraph (b) of this subsection, the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under— (i) section 49 or 50 of this Act, (ii) section 53 of this Act tried on indictment, (iii) section 106 of this Act, where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, or (iv) section 13, 14 or 15 of the Road Traffic Act, 1994, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent conviction for an offence under the same section. (b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under— (i) section 49 or 50 of this Act, or (ii) section 13, 14 or 15 of the Road Traffic Act, 1994, and the court is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case to justify such a period, be less than 2 years but not less than 1 year in the case of a first offence under the section concerned. (5) (a) Subject to paragraph (b) of this subsection, the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under— (i) section 53 of this Act tried summarily, or (ii) section 56 of this Act, be not less than 1 year in the case of a first offence under the section concerned and not less than 2 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence. (b) Where a person is convicted of an offence under— (i) section 53 of this Act tried summarily, or (ii) section 56 of this Act, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case to justify such a course— (I) decline to make a consequential disqualification order, or (II) specify a period of disqualification in the consequential disqualification order of less than 1 year. (6) Where a person is convicted of an offence under section 49 or 50 of this Act (whether before or after the commencement of sections 10 and 11 of the Road Traffic Act, 1994) or section 13 , 14 or 17 of the Road Traffic (Amendment) Act, 1978 , or section 13 , 14 or 15 of the Road Traffic Act, 1994 (‘the former section’) and is subsequently convicted of one or more offences under any other of those sections (‘the latter section’) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section. (7) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5) of this section, be not less than 6 months. (8) Where a person is convicted of an offence (‘the later conviction’) under section 49 or 50 of this Act (whether before or after the commencement of sections 10 and 11 of the Road Traffic Act, 1994) or section 13 , 14 or 17 of the Road Traffic (Amendment) Act, 1978 , or section 13 , 14 or 15 of the Road Traffic Act, 1994, and— (a) the conviction is, or is by virtue of subsection (6) of this section to be regarded as, a second or subsequent conviction for an offence under the same section, and (b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of the said subsection (6) to be regarded as, a second or subsequent conviction, the court may, for the purposes of this section, deal with the later conviction as a first conviction. (9) Subject to subsections (10) and (11) of this section, in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing. (10) A consequential disqualification order shall not be annulled on appeal unless— (a) the conviction by reference to which it was imposed is reversed, or (b) the provisions of subsection (5) (b) of this section apply. (11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) of this section shall be complied with and the provisions of subsection (8) of this section, where relevant, shall also apply.”. Amendment of provisions relating to removal of consequential disqualification orders. 27.—Section 29 of the Principal Act is hereby amended by the insertion of the following subsection after subsection (1): “(1A) Notwithstanding the provisions of subsection (1) (a)— (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; (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, 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.”. Provision of particulars of disqualifications to certain persons. 28.—The following is substituted for section 42 (4) (d) of the Principal Act: “(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.”. Application of provisions of Principal Act to provisional licences. 29.—(1) Sections 22 (2), (4) and (5), 26, 27, 28 (1), (3), (4) and (5), 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Principal Act shall be deemed to apply to provisional licences as they apply to driving licences except that— (a) where a person has been disqualified under section 26 or 27 of the Principal Act for holding a driving licence during a specified period and thereafter until he has produc …