Road Traffic Act, 1995

Road Traffic Act, 1995 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 1995 Road Traffic Act, 1995 Road Traffic Act, 1995 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 Print Full ActPriontáil an tAcht Iomlán Number 7 of 1995 ROAD TRAFFIC ACT, 1995 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Consequential disqualification orders. 3. Transitional. 4. Short title, collective citation and construction. Number 7 of 1995 ROAD TRAFFIC ACT, 1995 AN ACT TO AMEND CERTAIN PROVISIONS OF THE ROAD TRAFFIC ACT, 1961 , RELATING TO CONSEQUENTIAL DISQUALIFICATION ORDERS. [25thMay, 1995] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “the Act of 1961” means the Road Traffic Act, 1961 ; “the Act of 1994” means the Road Traffic Act, 1994 ; “section 26” means section 26 (inserted by the Act of 1994) of the Act of 1961. Consequential disqualification orders. 2.—Section 26 is hereby amended by the substitution for subsections (3) and (4) of the following subsections: “(3) A consequential disqualification order resulting from a conviction for an offence under— (a) section 53 of this Act tried on indictment, or (b) section 106 of this Act, where— (i) the offence involved a contravention of paragraph (a) or (b) of subsection (1) of that section, (ii) injury was caused to a person, (iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and (iv) the convicted person was the driver of the vehicle concerned, 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 or her particular case such that it should not so operate, thereafter until the person 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) 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 of this Act consisting of a contravention of subsection (1) of that section, (ii) subsection (1) of section 50 of this Act, (iii) section 53 of this Act tried on indictment, (iv) section 106 of this Act, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3) (b) of this section, or (v) 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 offence under the same section. (b) (i) 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 section 49 of this Act consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 50 of this Act, be— (I) in the case of a first offence under the said section 49 or 50, as the case may be, not less than the appropriate period specified in column (3) of the Table to this subsection, and (II) in the case of a second or subsequent offence under the same section, not less than the appropriate period specified in column (4) of that Table. (ii) In subparagraph (i) of this paragraph, ‘appropriate period’ means the period that is appropriate having regard to— (I) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and (II) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection. TABLE Reference Number Concentration of alcohol First offence under the section concerned Second or any subsequent offence under the same section (1) (2) (3) (4) 1. (a) Not exceeding 100 milligrammes of alcohol per 100 millilitres of blood; (b) Not exceeding 135 milligrammes of alcohol per 100 millilitres of urine ; 3 months 6 months (c) Not exceeding 44 microgrammes of alcohol per 100 millilitres of breath. 2. (a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood; (b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine ; 1 year 2 years (c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath. 3. (a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood; (b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine ; 2 years 4 years (c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath. ”. Transitional. 3.—(1) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where a person is convicted of an offence under— (a) section 49 or 50 of the Act of 1961, (b) section 53 of the Act of 1961, tried summarily, or (c) section 13, 14 or 15 of the Act of 1994, committed on or after the 2nd day of December, 1994, but before the passing of this Act, and the court has, pursuant to the provisions of section 26, made a consequential disqualification order operating to disqualify the person for holding any driving licence whatsoever during— (i) a specified period, and (ii) 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, the person may apply to the court which made the order for a declaration that the order shall, to the extent, but only to the extent, that it operates to impose the requirement referred to in paragraph (ii) of this subsection, cease to have effect and, if that court considers that circumstances exist which justify such a course, it may make the declaration and, if it does so, the order shall cease to have effect to the extent aforesaid. (2) (a) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where— (i) a person is convicted of an offence under— (I) section 49 of the Act of 1961 consisting of a contravention of subsection (2) or (3) of that section, or (II) subsection (2) or (3) of section 50 of the Act of 1961, committed on or after the 2nd day of December, 1994, but before the passing of this Act, and (ii) the court has, pursuant to the provisions of section 26, made a consequential disqualification order in respect of the person, the person may apply to the court which made the order for a reduction in the period of disqualification specified in the order and that court, if it considers that circumstances exist which justify such a course, may by order substitute in the disqualification order, for that period, a period that is less than that period but is not less than the period that would have been the appropriate period specified in column (3) or (4), as may be appropriate, of the Table to subsection (4) (inserted by this Act) of section 26 in relation to the offence if it had been committed after such passing. (b) In paragraph (a) of this subsection, “appropriate period” has the meaning assigned to it by subsection (4) (b) (ii) of section 26. (3) The provisions of subsections (2) to (8) of section 29 shall apply to applications under this section as they apply to applications under subsection (1) of that section. (4) Where a consequential disqualification order has been varied under subsection (1) or (2) of this section, an application for the removal of the disqualification concerned may be made in accordance with the provisions of section 29. (5) In this section, “section 29” means section 29 of the Act of 1961. Short title, collective citation and construction. 4.—(1) This Act may be cited as the Road Traffic Act, 1995. (2) The Road Traffic Acts, 1961 to 1994, and this Act may be cited together as the Road Traffic Acts, 1961 to 1995, and shall be construed together as one Act. Acts Referred to Road Traffic Act, 1961 1961, No. 24 Road Traffic Act, 1994 1994, No. 7 Road Traffic Acts, 1961 to 1994 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais