Road Traffic Act 2010

Road Traffic Act 2010 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 2010 Road Traffic Act 2010 Road Traffic Act 2010 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… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 25 of 2010 ROAD TRAFFIC ACT 2010 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, commencement, collective citation and construction. 2. Definitions. PART 2 Intoxicated Driving Offences Chapter 1 General 3. Interpretation — Part 2. Chapter 2 Intoxicated driving offences 4. Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. 5. Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. 6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant. 7. Power of entry. Chapter 3 Roadside breath and impairment testing 8. Procedure in relation to person required to undergo breath test who cannot produce his or her driving licence. 9. Obligation to provide preliminary breath specimen. 10. Mandatory alcohol testing. 11. Preliminary impairment testing. Chapter 4 Procedure in relation to providing specimen at Garda Síochána station, etc. 12. Obligation to provide breath, blood or urine specimens following arrest under Part 2. 13. Procedure following provision of breath specimen under section 12. 14. Obligation to provide blood or urine specimen while in hospital. 15. Procedure regarding taking of specimens of blood and provisions of specimens of urine. 16. Detention of intoxicated drivers where a danger to selves or others. 17. Procedure at Bureau regarding specimens. Chapter 5 Evidential matters, etc. 18. Provisions regarding certain evidence in prosecutions under section 4 or 5. 19. Written statement by member of Garda Síochána in respect of requirement under section 12(1). 20. Provisions regarding certain evidence in proceedings under Part 2. 21. Costs of prosecutions under Part 2. 22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath. 23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1). Chapter 6 Medical examination at Garda Síochána station or hospital 24. Medical examination at Garda Síochána station or hospital. 25. Evidential matters. Chapter 7 Functions of Bureau 26. Functions of Bureau. 27. Protection of Director, etc., against legal proceedings. 28. Functions of Director. Chapter 8 Fixed penalty notice — drink driving 29. Fixed penalty notice — drink driving. Chapter 9 Transitional measures 30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994. 31. Amendment of section 39(2) of Act of 1994 — power of entry. 32. Amendment of section 5 of Act of 2006 — fixed disqualification notice. Chapter 10 Repeals (Part 2) 33. Repeals — Part 2. PART 3 Fixed Charge Offences and Notice 34. Fixed charge offences. 35. Fixed charge notice — service. 36. Fixed charge notice — form. 37. Payment of fixed charge. 38. Presumptions. 39. Regulations — information regarding drivers of mechanically propelled vehicles. 40. Offences in relation to fixed charge notices. 41. Regulations — fixed charge amounts. 42. Traffic wardens. 43. Outsourcing. 44. Payment of fixed charge on service of summons. 45. Offence by body corporate. 46. Fixed charge notice — traffic wardens. 47. Interpretation. 48. Transitional measure — onus of proof in respect of named driver and discharge duties of registered owner — section 103(4) of Principal Act. 49. Repeals — Part 3. PART 4 Payment Deposit 50. Payment deposit from non-resident drivers in respect of certain alleged offences. 51. Prosecution in absentia. 52. Regulations (Part 4). PART 5 Penalty Points 53. Penalty points — endorsement of points. 54. Amendment of First Schedule to Act of 2002 — penalty points. 55. Probation of Offenders Act 1907 not to apply to penalty point offences. PART 6 Driving Licence 56. Definitions — driving licence. 57. Matters relating to issue of Irish driving licences and learner permits. 58. Prohibition on applying for Irish driving licence or learner permit where disqualified. 59. Production of driving licence on demand of member of Garda Síochána. 60. Member of Garda Síochána may seize licence in certain circumstances. 61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence. 62. Obligation to give current address to member of Garda Síochána. 63. Production of driving licence to court. PART 7 Disqualification 64. Disqualification for holding driving licence. 65. Consequential disqualification orders. 66. Transitional provision — consequential disqualification orders. 67. Amendment of section 29 of Principal Act — removal of disqualification and repeal. 68. Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications. PART 8 Certain Driving Offences 69. Inconsiderate, careless and dangerous driving, etc. 70. Repeals — Part 8. PART 9 Miscellaneous 71. Definitions — Principal Act. 72. Driving or being in charge of a substantially disabled mechanically propelled vehicle. 73. Production of certificate of insurance or guarantee. 74. Signature of applicant — driving licence, etc. 75. Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952. 76. Amendment of section 47 of Principal Act — offence of exceeding speed limit. 77. Vehicle insurers to provide details of motor insurance policies. 78. Regulatory signs. 79. Duty to give information on demand by member of Garda Síochána. 80. Right to demand name and address, etc., of pedal cyclist. 81. Evidence in relation to speeding and certain other offences. 82. Cost of prosecutions — road traffic offences. 83. Functions of Commissioner of Garda Síochána. 84. Amendment of section 15 of Act of 1968 — increase in certain penalties. 85. Regulations — control of driving instructors. 86. Special speed limits. 87. Exemptions for emergency vehicles. 88. Penalty — supply of mechanically propelled vehicle to minor. 89. Display of local authority permits. 90. Detention of vehicles. 91. Repeal. 92. Certificates of competency — display of tax disc and test certificate. Acts Referred to Civil Service Commissioners Act 1956 1956, No. 45 Civil Service Regulation Act 1956 1956, No. 46 Company Law Enforcement Act 2001 2001, No. 28 Courts (No. 3) Act 1986 1986, No. 33 Criminal Justice (Mutual Assistance) Act 2008 2008, No. 7 Dublin Transport Authority Act 2008 2008, No. 15 European Communities Act 1972 1972, No. 27 Finance Act 1976 1976, No. 16 Finance Act 1992 1992, No. 9 Finance Act 1993 1993, No. 13 Finance Act 1994 1994, No. 13 Finance (Excise Duties) (Vehicles) Act 1952 1952, No. 24 Fire Services Act 1981 1981, No. 30 Freedom of Information Act 1997 1997, No. 13 Freedom of Information (Amendment) Act 2003 2003, No. 9 Garda Síochána Act 2005 2005, No. 20 Licensing Act 1872 1872, c. 94 Local Authorities (Traffic Wardens) Act 1975 1975, No. 14 Local Government Act 2001 2001, No. 37 Medical Practitioners Act 2007 2007, No. 25 Nurses Act 1985 1985, No. 18 Offences against the Person Act 1861 1861, c. 100 Petty Sessions (Ireland) Act 1851 1851, c. 93 Probation of Offenders Act 1907 1907, c. 17 Railway Safety Act 2005 2005, No. 31 Road Traffic Act 1961 1961, No. 24 Road Traffic Act 1968 1968, No. 25 Road Traffic Act 1994 1994, No. 7 Road Traffic Act 1995 1995, No. 7 Road Traffic Act 2002 2002, No. 12 Road Traffic Act 2003 2003, No. 37 Road Traffic Act 2004 2004, No. 44 Road Traffic Act 2006 2006, No. 23 Road Traffic and Transport Act 2006 2006, No. 28 Road Transport Act 1933 1933, No. 8 Road Transport Act 1986 1986, No. 16 Roads Act 1920 1920, c. 72 Roads Act 2007 2007, No. 34 Social Welfare Consolidation Act 2005 2005, No. 26 Taxi Regulation Act 2003 2003, No. 25 Number 25 of 2010 ROAD TRAFFIC ACT 2010 AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2007. [20th July, 2010] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title, commencement, collective citation and construction. 1.— (1) This Act may be cited as the Road Traffic Act 2010. (2) This Act comes 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. (3) The Road Traffic Acts 1961 to 2007 and this Act may be cited as the Road Traffic Acts 1961 to 2010 and shall be read together as one. Definitions. 2.— In this Act— “Act of 1968” means Road Traffic Act 1968 ; “Act of 1975” means Local Authorities (Traffic Wardens) Act 1975 ; “Act of 1994” means Road Traffic Act 1994 ; “Act of 2002” means Road Traffic Act 2002 ; “Act of 2004” means Road Traffic Act 2004 ; “Act of 2006” means Road Traffic Act 2006 ; “Minister” means Minister for Transport; “prescribed” means prescribed by regulations made by the Minister; “Principal Act” means Road Traffic Act 1961 . PART 2 Intoxicated Driving Offences Chapter 1 General Interpretation — Part 2. 3.— (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; “category”, in relation to a vehicle referred to in the definition of “specified person”, means a category of vehicle referred to in Regulation 6 of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ); “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 43 (1) of the Medical Practitioners Act 2007 ; “first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence; “impairment test regulations” means regulations made under section 11 (3); “impairment tests” means tests prescribed under impairment test regulations; “intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol; “nurse” means a person registered in the register of nurses established under section 27 of the Nurses Act 1985 ; “specified person” means a person who at the time of an alleged offence under section 4 or 5 — (a) is the holder of a learner permit, (b) holds his or her first driving licence, for a period not exceeding 2 years from its date of issue, (c) is the holder of a driving licence licensing the holder to drive a vehicle in the category C, C1, D, D1, EB, EC, EC1, ED, ED1 and W while driving, attempting to drive or being in charge of such a vehicle, (d) is the holder of a licence to drive a small public service vehicle granted under section 34 of the Taxi Regulation Act 2003 or section 82 of the Principal Act or a person purporting to be such a holder while driving, attempting to drive or being in charge of such a vehicle, when the vehicle is being used in the course of business, (e) does not hold, at the time or, at any time within the period of 5 years prior to the commission, of the alleged offence a driving licence for the time being having effect and licensing the person to drive a vehicle of the category concerned, or (f) is deemed under section 8 to be a specified person. (2) Where a person holds a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in subsection (1) it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence a vehicle of the category concerned or a small public service vehicle being used in the course of business. Chapter 2 Intoxicated driving offences Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. 4.— (1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. (2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her blood will exceed a concentration of— (a) 50 milligrammes of alcohol per 100 millilitres of blood, or (b) in case the person is a specified person, 20 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 or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her urine will exceed a concentration of— (a) 67 milligrammes of alcohol per 100 millilitres of urine, or (b) in case the person is a specified person, 27 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 or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her breath will exceed a concentration of— (a) 22 microgrammes of alcohol per 100 millilitres of breath, or (b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath. (5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (6) 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 5 . (7) Section 1 (1) of the Probation of Offenders Act 1907 does 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 mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits. 5.— (1) A person commits 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 or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle. (2) A person commits 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 or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her blood will exceed a concentration of— (a) 50 milligrammes of alcohol per 100 millilitres of blood, or (b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood. (3) A person commits 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 or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her urine will exceed a concentration of— (a) 67 milligrammes of alcohol per 100 millilitres of urine, or (b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine. (4) A person commits 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 or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her breath will exceed a concentration of— (a) 22 microgrammes of alcohol per 100 millilitres of breath, or (b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (6) 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 4 . (7) Section 1 (1) of the Probation of Offenders Act 1907 does 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 or she 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. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant. 6.— (1) A person shall not, in a public place— (a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or (b) drive or attempt to drive a pedal cycle, while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle. (2) A person who contravenes subsection (1) commits an offence and— (a) if the offence relates to an animal-drawn vehicle, he or she is liable on summary conviction— (i) in the case of a first offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month or to both, and (ii) in the case of a second or subsequent offence, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, or (b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000. (3) 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. (4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant. Power of entry. 7.— A member of the Garda Síochána for the purpose of— (a) making a requirement of a person under section 9 (1) or 10 (4), or (b) arresting a person under section 4 (8), 5 (10) or 6 (4), may enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not the dwelling) where the person is or where the member, with reasonable cause, suspects him or her to be. Chapter 3 Roadside breath and impairment testing Procedure in relation to person required to undergo breath test who cannot produce his or her driving licence. 8.— (1) Where a person who is in charge of a mechanically propelled vehicle is required by a member of the Garda Síochána under section 9 or 10 to provide a specimen of his or her breath and the person is unable to produce and present, at the demand of the member under section 40 of the Principal Act, to the member a driving licence held by the person, the person is deemed to be a specified person for the purposes of section 4 or 5 , as the case may be, where an apparatus for indicating the presence of alcohol in the breath indicates the presence of more than 9 microgrammes of alcohol per 100 millilitres of breath present in the body of the person. (2) A person referred to in subsection (1) shall be dealt with accordingly under this Part, until such time as the person produces and presents, within 10 days of the requirement, to the member or another member of the Garda Síochána, at a Garda Síochána station nominated by the person, a driving licence held by the person or is able within that period to produce and present evidence that he or she holds a driving licence. (3) Where a person on foot of a requirement by a member of the Garda Síochána under a provision referred to in subsection (1) to provide a specimen of his or her breath is required under section 40 of the Principal Act to produce in accordance with subsection (2) a driving licence or learner permit or evidence that he or she holds such and the person fails to produce it or produces it but fails to permit the member to whom it is produced to read it and is charged with committing an offence under section 40 of the Principal Act, section 1 (1) of the Probation of Offenders Act 1907 does not apply to the offence. (4) Where a person is tried for committing an offence under section 4 or 5 for having as a specified person exceeded a concentration of alcohol referred to in the section concerned applicable to a specified person and it is shown to the court that the person at the time of the alleged offence was not a specified person, the court shall— (a) where the person has produced and presented his or her driving licence to a member of the Garda Síochána under section 40 of the Principal Act at the demand under that section of the member at the time of the alleged offence or produced the licence or evidence of holding such in accordance with subsection (2) or the vehicle concerned was not a vehicle referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1) and has exceeded the corresponding higher concentration of alcohol referred to in the section concerned applicable to a person who is not a specified person, try the person, accordingly, in relation to exceeding that second-mentioned concentration of alcohol and amend the summons in relation to the charge, or (b) where the person did not so produce and present his or her driving licence or evidence of holding such, try the person accordingly as a specified person in relation to exceeding the concentration of alcohol specified in the summons. (5) In this section “driving licence” means a driving licence (other than a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in section 3 (1)) having effect and licensing the person to drive the vehicle used on the occasion in question. Obligation to provide preliminary breath specimen. 9.— (1) Where a member of the Garda Síochána— (a) is of opinion that a person in charge of a vehicle in a public place— (i) has consumed intoxicating liquor, the member shall require, or (ii) (I) is or has, with the vehicle, been involved in a collision, or (II) is committing or has committed an offence under the Road Traffic Acts 1961 to 2010, the member may require, or (b) attends at the scene of an event which has occurred in a public place in which injury appears or is claimed to have been caused to a person of such nature as to require medical assistance for the person at the scene of the event or for the person to be brought to a hospital for medical assistance and a vehicle was involved in the event, the member shall, subject to subsection (2), require, the person in charge of the vehicle— (i) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath in the manner indicated by the member, (ii) to accompany him or her to a place (including a vehicle) near the scene of the collision and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by the member, or (iii) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him or her (for a period that does not exceed one hour) and to provide, by exhaling into the apparatus, a specimen of his or her breath in the manner indicated by the member. (2) A member of the Garda Síochána shall not make a requirement of a person under subsection (1)(b) where, in the opinion of the member or on the advice of a doctor or other medical personnel attending the scene of the event, such requirement would be prejudicial to the health of the person as a consequence of the person’s involvement in the event. (3) A person who refuses or fails to comply immediately with a requirement under this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (4) 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. (5) In a prosecution for an offence under section 4 , 5 or 6 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 under this section is an apparatus for indicating the presence of alcohol in the breath. (6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. Mandatory alcohol testing. 10.— (1) In this section— “authorisation” means an authorisation under subsection (2) to establish a checkpoint; “checkpoint” means a checkpoint established under an authorisation. (2) A member of the Garda Síochána, not below the rank of inspector, may, for the purposes of section 4 authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda Síochána may exercise the powers under subsection (4). (3) An authorisation shall be in writing and shall specify— (a) the date on which, and the public place in which, the checkpoint is to be established, and (b) the hours at any time between which it may be operated. (4) A member of the Garda Síochána, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the powers under section 9 ) conferred on him or her by statute or at common law, may require a person in charge of the vehicle— (a) to— (i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, or (ii) accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide, by exhaling into such an apparatus, a specimen of his or her breath, or (b) to— (i) leave the vehicle at the place where it has been stopped, or (ii) move it to a place in the vicinity of the checkpoint, and keep or leave it there until the person has complied with a requirement made of him or her under paragraph (a). (5) A member of the Garda Síochána for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement. (6) A person who— (a) refuses or fails to comply immediately with a requirement under subsection (4)(a) or (b)(i) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), or (b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(b)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (7) 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. (8) In a prosecution for an offence under section 4 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 under this section is an apparatus for indicating the presence of alcohol in the breath. (9) An authorisation or a copy expressing itself to be such authorisation shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it. Preliminary impairment testing. 11.— (1) A member of the Garda Síochána, for the purposes of forming the opinion that a person in charge of a vehicle in a public place is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle, if he or she considers it would assist him or her to form such opinion, may require the person to perform in the presence of the member or another member such impairment tests, in the manner indicated, in accordance with impairment test regulations, by the member or other member in whose presence the test is to be performed. (2) A member of the Garda Síochána in forming an opinion under subsection (1), where a test under subsection (1) is performed in the presence of another member, may take into account any advice or opinion given to him or her by the other member. (3) The Minister may prescribe the form of tests, indicating the manner and type of the tests, for the purposes of subsection (1). (4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (5) 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. (6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. Chapter 4 Procedure in relation to providing specimen at Garda Síochána station, etc. Obligation to provide breath, blood or urine specimens following arrest under Part 2. 12.— (1) Where a person is arrested under section 4 (8), 5 (10), 6 (4), 9 (4), 10 (7) or 11 (5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, a member of the Garda Síochána may, at a Garda Síochána station, 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 or her breath and may indicate the manner in which he or she is to comply with the requirement, (b) require the person either— (i) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or (ii) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine, and if the doctor or nurse states in writing— (I) that he or she is unwilling, on medical grounds, to take from the person or be provided by him or her with the specimen to which the requirement in either of the foregoing subparagraphs related, or (II) that the person is unable or unlikely within the period of time referred to in section 4 or 5 , as the case may be, to comply with the requirement, 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 22 , a person who refuses or fails to comply immediately with a requirement under subsection (1)(a) commits an offence. (3) Subject to section 22 , 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 or designated nurse in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, commits an offence. (4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (5) In a prosecution for an offence under this Part 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 under this section is an apparatus for determining the concentration of alcohol in the breath. (6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. Procedure following provision of breath specimen under section 12 . 13.— (1) Where, consequent on a requirement under section 12 (1)(a) of him or her, a person provides 2 specimens of his or her 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 4 (4) and 5 (4) and the other specimen shall be disregarded. (2) Where the apparatus referred to in section 12 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 4 (4) or section 5 (4), he or she shall be supplied immediately by a member of the Garda Síochána with 2 identical statements, automatically produced by that apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in that specimen determined by that apparatus. (3) On receipt of those statements, the person shall on being requested so to do by the member— (a) immediately acknowledge such receipt by placing his or her 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) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both. (5) Section 20 (1) applies 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. Obligation to provide blood or urine specimen while in hospital. 14.— (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 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, then such member shall, in the hospital, if such a requirement, having consulted with a doctor treating the person, would not be prejudicial to the health of the person as a consequence of the person’s involvement in the event, require the person either— (a) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or (b) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine, and if the doctor or nurse states in writing— (i) that he or she is unwilling, on medical grounds, to take from the person or be provided by him or her with the specimen to which the requirement in either of the foregoing paragraphs related, or (ii) that the person is unable or unlikely within the period of time referred to in section 4 or 5 , as the case may be, to comply with the requirement, 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 22 , 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 or designated nurse in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (3) Notwithstanding subsection (2), it is not an offence for a person to refuse or fail to comply with a requirement under subsection (1) where, following his or her admission to, or attendance at, a hospital, the person comes under the care of a doctor or nurse and the doctor or nurse refuses, on medical grounds, to permit the taking or provision of the specimen concerned. (4) A member of the Garda Síochána may, for the purpose of making a requirement of a person under subsection (1), enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him or her to be. (5) A designated doctor or designated nurse may, for the purpose of taking from a person a specimen of his or her blood or being provided by a person with a specimen or his or her urine under subsection (1) enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda Síochána that the person is. (6) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. Procedure regarding taking of specimens of blood and provisions of specimens of urine. 15.— (1) Where under this Chapter 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, as the case may be, 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. (2) Where a specimen of blood or urine of a person has been divided into 2 parts under subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers and inform the person that he or she 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 Chapter or under section 4 or 5 , it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with. Detention of intoxicated drivers where a danger to selves or others. 16.— (1) Where a person is at a Garda Síochána station having been arrested under section 4 (8), 5 (10), 6 (4), 9 (4), 10 (7) or 11 (5) of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, he or she 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 herself or others, be detained in custody for such period (not exceeding 6 hours from the time of his or her arrest or, as the case may be, from the time he or she 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 or she 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 or she 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 or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she 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 under 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 member is of opinion that he or she 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 is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he or she is then released into the custody of the latter person, he or she will continue to be a threat to the safety of himself or herself 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 or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she 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 under 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 or she 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 at Bureau regarding specimens. 17.— (1) As soon as practicable after it has received a specimen forwarded to it under section 15 , 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 15 as the person from whom the specimen was taken or who provided it. (4) In a prosecution for an offence under this Chapter or under section 4 or 5 , it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with. Chapter 5 Evidential matters, etc. Provisions regarding certain evidence in prosecutions under section 4 or 5. 18.— (1) On the hearing of a charge for an offence under section 4 or 5 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 12 or 14 . (2) Where, on the hearing of a charge for an offence under section 4 or 5 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 12 or 14 , he or she 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 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of section 4 or 5 , 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 17 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of section 4 or 5 , 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 13 ) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of section 4 or 5 , 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 or her breath or urine or to permit the taking of a specimen of his or her blood) with the intention of frustrating a prosecution under section 4 or 5 . (b) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €5,000 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 4 or 5 , 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 or her breath or urine or to permit the taking of a specimen of his or her blood) was so taken with the intention of frustrating a prosecution under any of those sections, the court may find that he or she has committed an offence under subsection (3). Written statement by member of Garda Síochána in respect of requirement under section 12 (1). 19.— (1) In any proceedings against a person for an offence under section 4 or 5 , a written statement by a member of the Garda Síochána in respect of either the making of a requirement under section 12 (1) or 14 (1) or carrying out a procedure under those subsections, or both, shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, 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 with the requirements imposed on him or her under section 12 (1) or 14 (1), as the case may be. (2) The conditions referred to in subsection (1) are— (a) the statement purports to be signed by the member of the Garda Síochána who made it, (b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and (c) a copy of the statement is served on the accused. (3) A copy of a statement required by this section to be served on a person may, be served— (a) by delivering it to him or her, (b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or (c) by sending it by registered post to him or her at his or her usual or last known residence or place of business. Provisions regarding certain evidence in proceedings under Part 2. 20.— (1) A duly completed statement purporting to have been supplied under section 13 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, 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 or her by or under Chapter 4 prior to and in connection with the supply by him or her under section 13 of such statement. (2) A duly completed form under section 15 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, 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 or designated nurse concerned with the requirements imposed on him or her by or under Chapter 4. (3) A certificate expressed to have been issued under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2010 of the facts stated in it, 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 Chapter 4. (4) In a prosecution for an offence under section 4 , 5 , 12 or 14 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse— (a) a person who by virtue of powers conferred on him or her by Chapter 4 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 12 (1) or 14 (1) to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen, (c) a person for whom, following a requirement under section 12 (1) or 14 (1) to provide for him or her of a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen. (5) Where, under section 12 or 14 , a designated doctor or 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 shall, in any proceedings under the Road Traffic Acts 1961 to 2010, 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. Costs of prosecutions under Part 2. 21.— (1) Where a person is convicted of an offence under section 4 , 5 , 12 or 14 , 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. 22.— (1) In a prosecution of a person for an offence under section 12 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she 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 12 or 14 for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a 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 or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she 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 4 or 5 that the defendant refused or failed to comply with a requirement to provide 2 specimens of his or her breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his or her 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. (4) In a prosecution for an offence under section 11 (4) for refusing or failing to perform a test, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the provision concerned in relation to the performance of a test. (5) Notwithstanding subsection (4), evidence may be given at the hearing of a charge of an offence under section 4 , 5 or 6 of the Road Traffic Act 2010 that the defendant failed to comply with a requirement to perform a test. Bar to certain defence to charges under section 4 (1), 5(1) or 6(1). 23.— It is not a defence for a person charged with an offence under section 4 (1), 5 (1) or 6 (1) to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under this Part has not been carried out or that he or she has not been required under section 9 or 10 to provide a specimen of his or her breath. Chapter 6 Medical examination at Garda Síochána station or hospital Medical examination at Garda Síochána station or hospital. 24.— (1) Where a person is arrested under a provision referred to in section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006 ) of the Act of 1994 or section 12 (1) of this Part or is admitted to hospital in the circumstances referred to in section 15(1) of the Act of 1994 or section 14 (1) of this Part, a member of the Garda Síochána, at a Garda Síochána station or the hospital, as the case may be, may require the person to undergo a medical examination carried out by a designated doctor or designated nurse for the purpose of obtaining evidence that the person was, at the time of being arrested or the event, as the case may be, under the influence of an intoxicant as to be incapable of having proper control of a vehicle. (2) A person who refuses or fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. (3) Where a designated doctor or designated nurse carries out medical examination of a person for the purposes of subsection (1), he or she shall make a written statement of the results of the examination. (4) A requirement under subsection (1) of a person admitted to hospital in the circumstances referred to in that subsection shall not be made unless a doctor treating the person has been consulted and it would not be prejudicial to the health of the person to make the requirement. Evidential matters. 25.— (1) In any proceedings against a person for an offence under section 24 (2), a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 24 (1) or carrying out an examination under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, 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 with the requirements imposed on him or her under section 24 (1). (2) The conditions referred to in subsection (1) are— (a) the statement purports to be signed by the member of the Garda Síochána who made it, (b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and (c) a copy of the statement is served on the accused. (3) A copy of a statement required by this section to be served on a person may, …