“regulations” means regulations made by the Minister; “transport officer” means a person appointed under section 15
\n
(1)(inserted by section 117 of the Dublin Transport Authority Act 2008 ) of the Road Transport Act 1986 to be a transport officer.
\n
Prosecution in absentia.
\n
51.— (1) Where, at any stage of proceedings to which this section applies, a person fails, without reasonable excuse, to appear before the court before which the proceedings are for the time being taking place, the court may do any thing or make any order that it would be entitled to do or make had the person so appeared.
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(2)Where, by virtue of a person’s failure to appear in proceedings to which this section applies, the person does not enter a plea (whether before the District Court or the trial judge), the trial of the person may proceed as though he or she had entered a plea of not guilty.
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(3)This section applies to proceedings for an offence to which section 50 applies brought against a person upon whom— (a) a payment deposit notice under that section has been served, and (b) a document in respect of those proceedings has been served— (i) in accordance with subsection (1) of section 81 of the Act of 2008, (ii) otherwise than by post, pursuant to a request referred to in subsection (2) of that section, or (iii) in accordance with an arrangement to which subsection (4) of that section applies.
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(4)In this section— “Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 ; “document” means a document— (a) to which subsection (1) of section 80 of the Act of 2008 applies, and (b) that requires a person to appear as a defendant in proceedings for an offence.
\n
Regulations (Part 4).
\n
52.— (1) The Minister may make regulations to do anything that appears necessary or expedient for bringing this Part into operation.
\n
(2)Where a provision of this Part requires or authorises the Minister to make regulations, such regulations— (a) may make different provision for different circumstances or cases, classes or types, and (b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
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(3)The Minister may make regulations prescribing any matter or thing which is referred to in this Part as prescribed or to be prescribed.
\n
(4)Regulations under this Part 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 House within the next 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 under the regulations.
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PART 5
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Penalty Points Penalty points — endorsement of points.
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53.— (1) Section 1(1) of the Act of 2002 is amended by substituting for the definitions of “entry”, “licence” and “licence record” the following: “ ‘entry’ in relation to a person, means— (a) the entry in the licence record relating to the person, or (b) where— (i) a licence record relating to the person— (I) does not exist as he or she is not the holder of an Irish licence, or (II) exists but is not identified for the purpose of endorsing particular points, or (ii) the person is the holder of a foreign driving licence, the entry in such record kept or created in respect of that person under section 1A; ‘Irish licence’ means an Irish driving licence or a learner permit granted under Part III of the Principal Act; ‘licence’ means an Irish licence or a foreign driving licence, as the case may be; ‘licence record’ means the record jointly established and maintained by the Minister and all the licensing authorities under section 60
\n
(2)of the Finance Act 1993 , in relation to Irish licences;”.
\n
(2)The following section is inserted after section 1 of the Act of 2002: “Records — foreign driving licence holders and unlicensed drivers.
\n
1A.— The Minister may prescribe by regulations the form of record to be kept or created in respect of a person— (a) who is not the holder of a licence, (b) where a licence record exists relating to the person but is not identified for the purposes of endorsing particular points, or (c) who is the holder of a foreign driving licence and who— (i) makes a payment under section 37 or 44 of the Road Traffic Act 2010 in respect of an alleged penalty point offence referred to in section 2(1)(a), or (ii) is convicted of a penalty point offence, for the purposes of endorsing penalty points under section 2 on the entry relating to the holder.”.
\n
(3)Section 2 of the Act of 2002 is amended by— (a) in subsection (1), substituting “under section 37 or 44 of the Road Traffic Act 2010” for “under section 103 (as inserted by this Act) of the Principal Act”, (b) substituting for subsection (7) the following: “(7) Where such an entry is made and subsequent to the making of the entry a pre-existing entry is identified by a licensing authority or by the Minister relating to the same person, any points endorsed on the first mentioned entry shall, during their period of endorsement under section 4, be associated with the pre-existing entry and the person notified accordingly. Any points so associated with an existing entry may, at the discretion of the Minister, have effect from the date recorded in the original entry and where the number of points equals or exceeds 12 that person stands disqualified under section 3 for holding a licence.”, and (c) inserting after subsection (9) the following: “(10) A vehicle insurer with the approval of the Minister may have access to and may inspect and examine endorsements on the entry relating to persons under this section and may take, or be supplied by the Minister with, such copies of entries or extracts from such entries as the vehicle insurer may reasonably require for the purpose of renewing approved policies of insurance, subject to such conditions as the Minister may determine.”.
\n
(4)The following section is substituted for section 6 of the Act of 2002: “6.— Where, during the period of 3 years for which penalty points stand endorsed on the entry of a person or the period of 6 months for which a person stands disqualified under section 3 for holding a licence, the person becomes disqualified under Part III of the Principal Act or section 9 for holding a licence, no part of the period of the disqualification shall be reckoned as part of the 3 years or part of the period of 6 months, and the date of the ending of the two latter periods shall be determined accordingly.”.
\n
Amendment of First Schedule to Act of 2002 — penalty points.
\n
54.— The First Schedule to the Act of 2002 is amended— (a) in Part 1, by substituting for the matter at reference number 9 the following: “ 9 Offence under section 52 of the Road Traffic Act 1961 , where the contravention involved the use of a mechanically propelled vehicle, tried summarily Careless driving 3 ”, (b) in Part 2 (as amended by section 16 of the Act of 2006)— (i) by substituting “reference numbers 4 to 8” for “reference numbers 1 to 8” in paragraph (2), and (ii) by deleting the matter at reference numbers 1, 2 and 3, and (c) by substituting for Part 5 the following: “PART 5 Contravention of Article 17 of Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) In this Part, the reference to Regulation 17 is a reference to Regulation 17 (as amended by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 ( S.I. No. 719 of 2007 )) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ).
\n
Reference Number Offence General Description of Offence Penalty Points on Payment of Fixed Charge Penalty Points on Conviction
\n
(1)
\n
(2)
\n
(3)
\n
(4)
\n
(5)1 Offence under section 42 of the Road Traffic Act 1961 consisting of contravention of Regulation 17(6)(iv) Holder of learner permit when not accompanied by and under supervision of qualified person where so required 1 3 ”, (d) by inserting after Part 8 (inserted by section 16(e) of the Act of 2006) the following: “PART 9 Contravention of Certain Provisions of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) In this Part— (a) ‘offence’ means an offence under section 11 of the Principal Act, (b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).
\n
Reference Number Offence General Description of Offence Penalty Points on Payment of Fixed Charge Penalty Points on Conviction
\n
(1)
\n
(2)
\n
(3)
\n
(4)
\n
(5)1 Offence consisting of contravention of Regulation 26 or 27 Using a vehicle which exceeds the maximum permissible width 1 3 2 Offence consisting of contravention of Regulation 28, 29, 30 or 31 Using a vehicle which exceeds the maximum permissible length 1 3 3 Offence consisting of contravention of Regulation 55 Using a vehicle with defective or worn tyres 2 4 ”.
\n
Probation of Offenders Act 1907 not to apply to penalty point offences.
\n
55.—
\n
Section 1
\n
(1)of the Probation of Offenders Act 1907 does not apply to a penalty point offence (within the meaning of section 1(1) of the Act of 2002).
\n
PART 6
\n
Driving Licence Definitions — driving licence.
\n
56.— Section 3(1) of the Principal Act is amended by— (a) substituting for the definition of “driving licence” the following: “ ‘driving licence’ means— (a) an Irish driving licence, or (b) a foreign driving licence;”, (b) inserting after the definition of “footway” the following: “ ‘foreign driving licence’ means a licence or permit to drive a mechanically propelled vehicle— (a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 ( S.I. No. 464 of 2008 ) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, or (b) recognised by an order made under section 23A(1);”, and (c) inserting after the definition of “the insured” the following: “ ‘Irish driving licence’ means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23;”.
\n
Matters relating to issue of Irish driving licences and learner permits.
\n
57.— (1) The following sections are substituted for sections 21 to 23 of the Principal Act— “Licensing Authority.
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21.— In this Part ‘licensing authority’ means a county council or city council (within the meaning of the Local Government Act 2001 ).
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Application for Irish driving licence.
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22.— (1) Subject to this Part, a person may apply to a licensing authority for a licence (‘Irish driving licence’) to drive a mechanically propelled vehicle of a specified category.
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(2)An application for an Irish driving licence— (a) shall be made— (i) to the licensing authority in whose functional area the applicant ordinarily resides, and (ii) in accordance with the regulations made under section 42(2)(c), (b) shall be accompanied by— (i) any certificate of competency or fitness required under regulations under this Act, and (ii) the fee payable on the taking out of such a licence, and (c) shall contain— (i) a recent photograph of the applicant, and (ii) the applicant’s personal public service number allocated and issued to him or her under section 262
\n
(2)of the Social Welfare Consolidation Act 2005 .
\n
(3)Details of an applicant’s personal public service number referred to in subsection (2)(c) may be entered in licence records.
\n
(4)(a) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority concerned, as may be appropriate, with— (i) such information from the records, and (ii) such copies of licence records or of such extracts from such records, as the person may reasonably require. (b) This subsection applies to— (i) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and (ii) such other categories of person and the purpose for such access as may be prescribed.
\n
(5)In this section ‘licence records’ means records maintained under section 60 (as amended by section 86 of the Finance Act 1994 ) of the Finance Act 1993 .
\n
Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.
\n
22A.— (1) Where a person is disqualified by this Act for holding any driving licence or learner permit— (a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or (b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category, for that period or any period the whole or part of which is within that period.
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(2)Where a person is disqualified for applying for any Irish driving licence or learner permit— (a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period, (b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period, and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.
\n
Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.
\n
22B.— Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.
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Grant of Irish driving licence.
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23.— (1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them— (a) that the applicant is disqualified for applying for the licence, or (b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.
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(2)Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on— (a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and (b) in any other case — the day on which the licence is granted.”.
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(2)Sections 24 and 25 of the Principal Act are repealed.
\n
(3)Section 34(2)(b) of the Principal Act is amended by substituting “Irish driving licence” for “driving licence”.
\n
Prohibition on applying for Irish driving licence or learner permit where disqualified.
\n
58.— The following section is substituted for section 39 of the Principal Act: “39.— (1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.
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(2)A person who contravenes 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.”.
\n
Production of driving licence on demand of member of Garda Síochána.
\n
59.— (1) The following section is substituted for section 40 (inserted by section 25 of the Act of 1994 as amended by section 18 of the Act of 2002 and section 13 of the Act of 2006) of the Principal Act: “40.— (1) A member of the Garda Síochána may demand of a person— (a) driving in a public place a mechanically propelled vehicle, or (b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle, the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.
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(2)A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.
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(3)Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.
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(4)(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit 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. If the person refuses or fails so to produce the licence, he or she commits an offence. (b) 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, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate. (c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit 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 or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.
\n
(5)Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit 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 or permit, he or she commits an offence.
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(6)Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.
\n
(7)A member of the Garda Síochána may arrest without warrant— (a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or (b) a person who, when his or her name and address or date of birth is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.
\n
(8)A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.”.
\n
(2)The following are repealed: (a) section 25 of the Act of 1994, (b) section 18 of the Act of 2002, and (c) section 13 of the Act of 2006.
\n
Member of Garda Síochána may seize licence in certain circumstances.
\n
60.— (1) A member of the Garda Síochána may seize a driving licence or learner permit or a document which purports to be a driving licence or learner permit produced to him or her under section 40 of the Principal Act or section 61 of this Act, where the member has reasonable grounds for believing that— (a) the holder of the licence or permit has been disqualified for holding a driving licence, or (b) the driving licence or permit has been fraudulently obtained, is forged or altered or purports to be, but is not, a driving licence or permit.
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(2)A member of the Garda Síochána who has seized a licence or permit under subsection (1) may make a copy of it and— (a) in the case of an Irish driving licence or learner permit, return it to the licensing authority concerned, (b) in the case of a foreign licence, give or send it— (i) where the holder of the licence is resident in the State, to the licensing authority where the holder is resident, or (ii) in any other case, to the issuing authority where the licence is seized or, if the member considers it appropriate, to another licensing authority at the request of the holder, (c) where the licence or permit is as referred to in subsection (1)(b), upon the conclusion of any proceedings have it destroyed.
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(3)Where a driving licence or learner permit has been seized from a person under subsection (1), the person, as the case may be, shall not continue to drive a mechanically propelled vehicle or accompany the holder of a learner permit while such holder is driving a mechanically propelled vehicle, in a public place.
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(4)A person who contravenes 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 6 months or to both.
\n
(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 subsection (4).
\n
(6)A member of the Garda Síochána to whom is produced or who seizes under this section a foreign driving licence which is in a language other than English or Irish may detain the licence for such reasonable period required— (a) to have its contents translated into English or Irish, and (b) if the member requires it, to have its validity confirmed.
\n
(7)Section 41 (as amended by section 19 of the Act of 2006) of the Act of 1994 is amended by substituting for paragraph (a) the following: “(a) the person driving the vehicle— (i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda Síochána under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle, (ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010, or (iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner permit,”.
\n
Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.
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61.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that— (a) a mechanically propelled vehicle has been used in a public place on a particular occasion, (b) the use may have involved the commission of an offence under the Road Traffic Acts 1961 to 2010 (including a case in which the member has himself or herself observed the use), and (c) the actual user of the vehicle was a particular person, the member may at any time or times subsequent to the occasion in question require of the person the production of, to a member of the Garda Síochána for his or her inspection, a driving licence or, if the person falls within section 35(1) of the Principal Act, a learner permit, having effect and licensing the person to drive the vehicle used on the occasion in question, at a Garda Síochána station or another place specified by the member, within the period of 10 days of the date of making the requirement.
\n
(2)A person who fails to comply with a requirement under subsection (1) commits an offence.
\n
(3)Where a person of whom the production of a driving licence or learner permit is required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read it, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.
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(4)A member of the Garda Síochána may arrest without warrant— (a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or (b) a person who, when his or her name and address is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.
\n
(5)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, under subsection (1), to produce the driving licence or learner permit, 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 that subsection shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.
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(6)Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit 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 it was so produced and such certificate shall be evidence of the facts stated in the certificate.
\n
(7)A person who, when the production of a driving licence or learner permit is required of him or her under this section, does not produce the licence or permit because he or she is not the holder of such is deemed to fail to produce his or her driving licence or learner permit within the meaning of subsection (1).
\n
(8)A requirement under this section shall not be made after the time in which proceedings may be brought in respect of the alleged offence.
\n
(9)Section 33 of the Act of 2004 is repealed.
\n
Obligation to give current address to member of Garda Síochána.
\n
62.— (1) Where a person, on the demand or at the requirement of a member of the Garda Síochána under section 40 of the Principal Act or a requirement of such a member under section 61
\n
(1)of this Act, produces for inspection a driving licence or learner permit under that provision, the member making the demand or requirement of the person, where it is produced for inspection to him or her or, where it is produced for inspection at a Garda Síochána station, the member of the Garda Síochána at the Garda Síochána station to whom it is produced for inspection, as the case may be, may require of the person to state whether the address mentioned on the driving licence or learner permit is the address at which the person currently resides, and if it is not, to require the person to give to the member the address at which he or she currently resides.
\n
(2)A person who fails to comply with a requirement under subsection (1) commits an offence.
\n
Production of driving licence to court.
\n
63.— Section 22 (inserted by section 21 of the Act of 2004) of the Act of 2002 is amended by substituting for subsection (1) the following: “22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than— (a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or (b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994, and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge— (i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and (ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates, and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced.”.
\n
PART 7
\n
Disqualification Disqualification for holding driving licence.
\n
64.— (1) Section 30 (inserted by section 20 of the Act of 1968) of the Principal Act is amended by substituting for subsection (1) the following: “(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and— (a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly, (b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 ( S.I. No. 464 of 2008 ) apply, those Regulations do not apply to that licence, or (c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.”.
\n
(2)Section 3 of the Act of 2002 is amended by substituting for subsection (1) the following: “(1) When penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed equals or exceeds 12, the person stands disqualified for a period of 6 months beginning on the appropriate date for holding a licence, and— (a) an Irish licence held by him or her at the beginning of the period stands suspended correspondingly, or (b) a foreign driving licence held by him or her at the beginning of the period has no effect in the State.”.
\n
Consequential disqualification orders.
\n
65.— (1) The following section is substituted for section 26 (inserted by section 26 of the Act of 1994 as amended by section 6 of the Act of 2006) of the Principal Act: “26.— (1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order (‘consequential disqualification order’) declaring him or her to be disqualified for holding a driving licence.
\n
(2)Subject to subsection (3), a consequential disqualification order operates 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 or she 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.
\n
(3)A consequential disqualification order resulting from a conviction for an offence under— (a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or (b) section 106, 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, operates 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) had 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.
\n
(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 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section, (ii) section 5
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(1)of the Road Traffic Act 2010, (iii) section 52 or 53, tried on indictment, (iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section, (v) section 12 or 14 of the Road Traffic Act 2010, or (vi) section 138
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(3)of the Railway Safety Act 2005 , tried on indictment, be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent 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 section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be— (i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and (ii) in the case of— (I) a second or subsequent offence under that section, or (II) where the person has been previously convicted under that section, a first or subsequent conviction under the other section, not less than the appropriate period specified in column (4) of that Table. (c) In paragraph (b) ‘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.
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TABLE Reference Number Concentration of alcohol First offence under the section concerned Second or any subsequent offence under the same section
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(1)
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(2)
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(3)
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(4)1. (a) Not exceeding 80 milligrammes of alcohol per 100 millilitres of blood; (b) Not exceeding 107 milligrammes of alcohol per 100 millilitres of urine; (c) Not exceeding 35 microgrammes of alcohol per 100 millilitres of breath.
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6 months 1 year 2. (a) Exceeding 80 milligrammes but not exceeding 100 milligrammes of alcohol per 100 millilitres of blood; (b) Exceeding 107 milligrammes but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine; (c) Exceeding 35 microgrammes but not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.
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1 year 2 years 3. (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; (c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
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2 years 4 years 4. (a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood; (b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine; (c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
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3 years 6 years
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(5)(a) Subject to paragraph (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 section 52 or 53 tried summarily or under section 56, 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 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 section 52 tried summarily or under section 56, 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 or her 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.
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(6)The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.
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(7)Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 (‘the former section’) whether before or after the commencement of section 4 , 5 , 12 or 14 of the Road Traffic Act 2010 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.
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(8)Where a person is convicted of an offence (‘the latter conviction’) under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4 , 5 , 12 or 14 of the Road Traffic Act 2010, and (a) the conviction is, or is by virtue of subsection (7) 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 subsection (7) 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.
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(9)Subject to subsections (10) and (11), 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 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.
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(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) apply.
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(11)Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply.”.
\n
(2)The Principal Act is amended by substituting for the Second Schedule the following: “
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Section 26
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.
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SECOND SCHEDULE Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.
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Using mechanically propelled vehicle without test certificate.
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1.An offence by a person under subsection (2) of section 18, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
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Driving mechanically propelled vehicle before remedying dangerous defect.
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2.An offence by a person under subsection (10) of section 20, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
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Driving mechanically propelled vehicle when unfit.
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3.An offence by a person under section 48, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
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Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
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4.An offence under section 4 of the Road Traffic Act 2010.
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Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
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5.An offence under section 5 of the Road Traffic Act 2010.
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Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.
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6.An offence under section 12 or 14 of the Road Traffic Act 2010.
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Careless driving.
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7.An offence by a person under section 52, where the contravention involved the driving of a mechanically propelled vehicle, being an offence committed in a period of 3 years in which 2 or more previous offences were committed by the person under that section for which he or she was convicted.
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Dangerous driving of mechanically propelled vehicle.
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8.An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle.
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Driving of dangerously defective mechanicallypropelled vehicle.
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9.An offence by a person under section 54, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
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Parking mechanically propelled vehicle in dangerous position.
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10.An offence by a person under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
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Use of mechanically propelled vehicle not insured.
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11.An offence under section 56.
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Failure to fulfil duties on occurrence of accident.
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12.(a) An offence under section 106 where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned. (b) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.
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Taking mechanically propelled vehicle without authority.
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13.An offence under subsection (2) of section 112.
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Driving mechanically propelled vehicle without driving licence while disqualified, etc.
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14.An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.
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Using vehicle without certificate of roadworthiness.
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15.An offence by a person under Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ), being an offence committed in a period of 3 years in which a previous offence was committed by the person under that Regulation for which he or she was convicted.”.
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(3)The following are repealed: (a) sections 26 and 49(1)(l) of the Act of 1994, (b) the Road Traffic Act 1995 , and (c) section 6 of the Act of 2006.
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Transitional provision — consequential disqualification orders.
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66.— (1) Section 26 (inserted by section 26 of the Act of 1994) of the Principal Act is amended— (a) in subsection (4)(a) (inserted by section 6 of the Act of 2006) by substituting for subparagraph (iii) the following: “(iii) section 52 or 53, tried on indictment,”, and (b) by substituting for subsection (5) the following: “(5) (a) Subject to paragraph (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 section 52 or 53 tried summarily or under section 56, 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 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 section 52 tried summarily or under section 56, 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 or her 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.”.
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(2)This section stands repealed upon the commencement of section 65
\n
(1).
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Amendment of section 29 of Principal Act — removal of disqualification and repeal.
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67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following: “(4) Where a court considers it to be appropriate the court may— (a) confirm the period specified in the order of disqualification, or (b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.
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(2)Section 19 of the Act of 1968 is repealed.
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Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.
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68.— Section 9 of the Act of 2002 is amended: (a) in subsection (9), by inserting “or after the date on which the Convention has become applicable between the State and another Member State, by declaration under Article 15.4 of the Convention, by a person normally resident in that other Member State,” after “(“State of residence”), (b) in subsection (12)(a), by— (i) in the definition of “the Convention” by substituting “Luxembourg” for “Brussels”, and (ii) inserting after the definition of “specified offence” the following: “ ‘state of residence’ means the state of residence of a person who has committed a specified offence and to whom this subsection applies.”, and (c) in the Second Schedule, in the title, by substituting“Luxembourg” for “Brussels”.
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PART 8
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Certain Driving Offences Inconsiderate, careless and dangerous driving, etc.
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69.— The following sections are substituted for sections 51A, 52 (inserted by sections 49 and 50, respectively, of the Act of 1968), 53 (as amended by section 51 of the Act of 1968, section 49(1)(b) of the Act of 1994 and section 13 of the Act of 2004), 54 (as amended by section 6 of the Act of 1968) and 55 (as amended by section 52 of the Act of 1968) of the Principal Act: “Driving without reasonable consideration.
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51A.— (1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.
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(2)A person who contravenes subsection (1) commits an offence.
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Careless driving.
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52.— (1) A person shall not drive a vehicle in a public place without due care and attention.
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(2)A person who contravenes subsection (1) commits an offence and— (a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding €10,000 or to both, and (b) in any other case, he or she is liable on summary conviction to a fine not exceeding €5,000.
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(3)Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he or she may arrest the first-mentioned person without warrant.
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Dangerous driving.
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53.— (1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.
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(2)A person who contravenes subsection (1) commits an offence and— (a) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both, and (b) in any other case, he or she 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.
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(3)In a prosecution for an offence under this section or section 52, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower, under
\n
Part 2
\n
of the Road Traffic Act 2004 .
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(4)Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of the opinion that he or she had not committed an offence under this section but had committed an offence under section 52, the jury or court may find him or her guilty of an offence under section 52, and he or she may be sentenced accordingly.
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(5)Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.
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Driving of dangerously defective vehicle.
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54.— (1) Where a mechanically propelled vehicle is driven in a public place while there is a defect affecting the vehicle which the person driving the vehicle and, where the person driving the vehicle is not the owner, the owner of it, knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, such person and such owner each commits an offence.
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(2)Where a person is charged with an offence under this section, it is a defence to the charge for him or her to show that the vehicle was being driven on the occasion in question by another person and that such driving was unauthorised.
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(3)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 3 months or to both.
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(4)In a prosecution for an offence under this subsection it is a defence if the defendant shows that on the occasion in question he or she was the employee of the owner and was using the vehicle in obedience to the express orders of the owner.
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Parking vehicle in dangerous position.
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55.— (1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.
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(2)A person who contravenes subsection (1) commits an offence and is liable on summary conviction— (a) in the case of— (i) a first offence, where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or (ii) a second or any subsequent offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding one month or to both, and (b) in any other case, to a fine not exceeding €2,000.
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(3)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.”.
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Repeals — Part 8.
\n
70.— The following are repealed: (a) section 35 of the Offences against the Person Act 1861 , (b) sections 49 to 52 of the Act of 1968, (c) section 13 of the Act of 2004, and (d) the matter at reference numbers 11 to 16 in Part 1 of the Table to section 18 of the Act of 2006.
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PART 9
\n
Miscellaneous Definitions — Principal Act.
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71.— Section 3(1) of the Principal Act is amended by— (a) substituting for the definition of “the Minister” the following: “ ‘Minister’ means Minister for Transport;”, and (b) for the definition of “road authority” the following: “ ‘road authority’ means— (a) a county council, referred to in Part 1 of Schedule 5, (b) a city council, referred to in Part 2 of Schedule 5, (c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or (d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6, to the Local Government Act 2001 ;”, and (c) by inserting after the definition of “use” the following: “ ‘vehicle’ means a mechanically propelled vehicle, an animal-drawn vehicle or pedal cycle;”.
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Driving or being in charge of a substantially disabled mechanically propelled vehicle.
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72.— Section 3 of the Principal Act is amended by substituting for subsection (2) the following: “(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded— (a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and (b) for all other purposes of this Act as not being a mechanically propelled vehicle.”.
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Production of certificate of insurance or guarantee.
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73.— Section 69 of the Principal Act is amended by substituting for subsections (3) to (5) the following: “(3) Where a person produces under this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.
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(4)Where a person whose name and address or date of birth is demanded under subsection (3) refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, he or she commits an offence.
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(5)A member of the Garda Síochána may arrest without warrant— (a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or (b) a person who, when his or her name and address or date of birth is demanded of him or her by the member under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.”.
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Signature of applicant — driving licence, etc.
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74.— Where a person applies for— (a) a theory test certificate under the European Communities (Licensing of Drivers) Regulations 2003 ( S.I. No. 52 of 2003 ) (as amended by the European Communities Driving Theoretical Tests (Amendment) Regulations 2006 ( S.I. No. 538 of 2006 )), to the Driver Theory Testing Service, (b) a certificate of competency, to an issuing authority, or (c) an Irish driving licence, to a licensing authority, the Service or authority, as the case may be, may— (i) take a photograph or copy of the signature of the applicant, (ii) keep a copy (including a digital copy) of the signature and the photograph which may also be transferred to and kept on the licence record relating to the applicant, (iii) include a copy of the signature and the photograph on any theory test certificate or certificate of competence issued or driving licence or learner permit granted, and (iv) store on any microchip incorporated on a driving licence or learner permit it grants to the applicant a digital copy of the applicant’s signature and photograph.
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Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 .
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75.— (1) The Minister may make regulations requiring persons applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 in respect of a mechanically propelled vehicle— (a) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a vehicle to which section 18 of the Principal Act applies, and (b) where it is such a vehicle, to produce a test certificate or provide evidence of such which will be in force in respect of the vehicle when the licence comes into operation.
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(2)Paragraph (b) of section 123 of the Principal Act is repealed.
\n
Amendment of section 47 of Principal Act — offence of exceeding speed limit.
\n
76.— Section 47 (inserted by section 11 of the Act of 2004) of the Principal Act is amended by inserting after subsection (2) the following: “(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit that has been applied under this Act to the road when the offence is alleged to have been committed.”.
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Vehicle insurers to provide details of motor insurance policies.
\n
77.— (1) Part VI of the Principal Act is amended by inserting after section 78 the following: “78A.— (1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda Síochána and the Motor Insurer’s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.
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(2)In this subsection ‘motor insurance policies’ means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.”.
\n
(2)Sub-article (4) of article 9 of the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ) is revoked.
\n
Regulatory signs.
\n
78.— (1) Section 95 (as amended by section 37 of the Act of 1994) of the Principal Act is amended— (a) by substituting for subsection (3) the following: “(3) (a) A road authority may provide in respect of public roads in their charge such information signs and warning signs as they consider desirable. (b) A road authority may, after consultation with the Commissioner, provide in respect of public roads in their charge such regulatory signs as they consider desirable.”, (b) by deleting subsection (4), and (c) in subsection (5), by substituting for paragraph (a) the following: “(5) (a) A road authority shall provide in respect of public roads in their charge such regulatory signs as may be requested by the Commissioner, in the positions indicated by him or her and shall, as respects any traffic signs so provided, carry out any periodical transfers from place to place and any alterations and removals which he or she may request.”.
\n
(2)Regulatory signs which have been provided for or by a road authority before the commencement of this section are deemed to have been provided under section 95 of the Principal Act as amended by this section.
\n
Duty to give information on demand by member of Garda Síochána.
\n
79.— The following section is substituted for section 107 of the Principal Act: “107.— (1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.
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(2)Where a member of the Garda Síochána has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920 , section 131
\n
(5)of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.
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(3)Where a person, when his or her name and address or date of birth is demanded of him or her under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence.
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(4)Where a member of the Garda Síochána has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle— (a) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence, (b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or (c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.
\n
(5)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €2,000.”.
\n
Right to demand name and address, etc., of pedal cyclist.
\n
80.— The following section is substituted for section 108 of the Principal Act: “108.— A member of the Garda Síochána may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address and date of birth of such person, and if such a person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by reasonable force if necessary, and retain it until such time as he or she is satisfied as to the identity of such person.”.
\n
Evidence in relation to speeding and certain other offences.
\n
81.— (1) The onus of establishing prima facie proof of a constituent of an offence (including the speed at which a person, whether the accused or another person, was driving) under section 47, 52, 53, 55, 91, 92, 93 or 94 of the Principal Act, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 may be discharged by tendering evidence from which that constituent can be inferred of measurements or other indications which were given by— (a) electronic or other apparatus (including a camera) capable of providing a permanent record (including a permanent visual record) and are contained in such a record produced by it, or (b) electronic or other apparatus (including a radar gun) which is not capable of producing a permanent record.
\n
It is not necessary to prove that the electronic or other apparatus was accurate or in good working order.
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(2)In proceedings for an offence referred to in subsection (1)— (a) a document purporting to be, or to be a copy of, a record referred to in subsection (1)(a)— (i) which is not a permanent visual record and to be signed by a member of the Garda Síochána, or (ii) which is a permanent visual record and to be issued by or on behalf of a member of the Garda Síochána or an administrative office or unit of the Garda Síochána designated in that behalf by the Commissioner, or a person authorised under an agreement under subsection (7), and (b) on which is endorsed a statement to the effect that it is, or is a copy of, that record, shall be prima facie evidence in those proceedings of the indications or measurements contained in the record. It shall not be necessary to prove, as the case may be, the signature on the document or that the signatory was a member of the Garda Síochána or that the document was so issued.
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(3)A copy of the document referred to in subsection (2) shall be given to the accused person before the commencement of the trial of the offence concerned.
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(4)The electronic or other apparatus referred to in subsection (1) shall— (a) be of a type that has been approved by— (i) the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised in that behalf by the Commissioner, or (ii) the chief executive officer of the National Roads Authority or another officer of that Authority duly authorised in that behalf by the first-mentioned officer, and (b) in the case of an apparatus referred to in subsection (1)(a), be capable of producing a record of the measurements or other indications referred to in subsection (1).
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It is not necessary to prove that the apparatus is of a type so approved.
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(5)In proceedings for an offence referred to in subsection (1), if proof of the offence involves proof of the speed at which a person (whether the accused or another person) was driving, the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed.
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(6)In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that— (a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda Síochána, or a person authorised under an agreement under subsection (7), and (b) that the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána, or a person authorised under an agreement under subsection (7).
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(7)(a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of Superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred. (b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement. (c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under this subsection.
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(8)A member of the civilian staff of the Garda Síochána may perform the functions relating to the establishing of prima facie proof of a constituent of an offence including the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.
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(9)In this section— “member of the civilian staff of the Garda Síochána” means a person appointed or designated as being transferred under section 19 of the Garda Síochána Act 2005 ; “member of the Garda Síochána” other than in subsection (3) or (7), includes a member of the civilian staff of the Garda Síochána; “permanent visual record” includes a photograph; “radar gun” means an apparatus which— (a) can be used to measure the speed of a moving object (such as a motor vehicle) by directing a signal from the apparatus at the object, and, if the signal is reflected off the object, the apparatus in turn receives the reflected signal, and (b) is capable of measuring the speed of the object and displaying the speed on the apparatus; “record” includes a visual record which can be stored permanently on the apparatus concerned.
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(10)The following are repealed: (a) section 21 of the Act of 2002, (b) section 15 of the Act of 2004, and (c) section 17 of the Act of 2006.
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Cost of prosecutions — road traffic offences.
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82.— (1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 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 the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.
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(2)Payments under subsection (1) shall be disposed of in such manner as may be prescribed.
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Functions of Commissioner of Garda Síochána.
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83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.
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(2)Section 28 of the Act of 2004 is repealed.
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Amendment of section 15 of Act of 1968 — increase in certain penalties.
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84.— The following Table is substituted for the Table (inserted by section 23(2) of the Act of 2002) to section 15 of the Act of 1968: “TABLE Where the excess weight is not less than 1,000 kilograms but is less than 2,000 kilograms €500 Where the excess weight is not less than 2,000 kilograms but is less than 3,000 kilograms €1,000 Where the excess weight is not less than 3,000 kilograms but is less than 4,000 kilograms €1,500 Where the excess weight is not less than 4,000 kilograms but is less than 5,000 kilograms €3,000 Where the excess weight is 5,000 kilograms or more €5,000 ”.
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Regulations — control of driving instructors.
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85.— Section 18(2) of the Act of 1968 is amended by— (a) substituting for paragraph (a) the following: “(a) the licensing of driving instructors (including the refusal to grant a licence and the revocation and suspension of a licence); (aa) the issuing of plates and badges to licensed driving instructors (including the refusal to issue a plate or badge and the withdrawal of a plate or badge); (aaa) appeals by an applicant refused a licence or badge or plate, a holder of a licence whose licence has been revoked or suspended and the holder of a plate or badge which has been withdrawn;”, (b) inserting after paragraph (d) the following: “(da) the fitness of applicants for driving instructor licences;”, (c) inserting after paragraph (i) the following: “(j) the facilities and conditions attached to them, equipment and resources which driving instructors must have and comply with; (k) the display of any plate or badge by a licensed driving instructor while giving driving instructions for reward; (l) the production to a member of the Garda Síochána or an officer of the Road Safety Authority for inspection of any licences or badges issued under Regulations under this section; (m) the examination or inspection of records under regulations under this section by a member of the Garda Síochána or an officer of the Road Safety Authority; (n) the detention and examination of a vehicle for the purposes of regulations under this section by such a member or officer; (o) matters for the purposes of subsection (8).”, and (d) by substituting for subsection (7) the following: “(7) A person who contravenes or fails to comply with a regulation under this section which is stated to be a penal regulation commits an offence and is liable on summary conviction— (a) in the case of a contravention of a regulation— (i) prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, or (ii) prohibiting a person other than a licensed driving instructor from holding himself or herself out as a licensed driving instructor or prohibiting a person employing a driving instructor other than a licensed driving instructor from holding that driving instructor out as a licensed driving instructor, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, and (b) in the case of any other failure or contravention, to a fine not exceeding €2,000.
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(8)Where a person is convicted of an offence under subsection (7) the person— (a) if an applicant for a licence under regulations under this section, is prohibited from holding such a licence, or (b) if the holder of such a licence, the licence is revoked in the circumstances prescribed under this section or suspended, for the period referred to in regulations under this section and different periods may be prescribed in relation to different contraventions.”.
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Special speed limits.
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86.— Section 9(2) of the Act of 2004 is amended by substituting for paragraph (a) the following: “(a) (i) 30 kilometres per hour, and (ii) 40 kilometres per hour, in respect of a road or roads in accordance with guidelines issued by the Minister under this section,”.
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Exemptions for emergency vehicles.
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87.— (1) Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4 , 5 , 12 and 14 of this Act, do not apply to— (a) the driving or use by a member of the Garda Síochána, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) of a vehicle in the performance of the duties of that member, or (b) a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.
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(2)Section 27 of the Act of 2004 is repealed.
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Penalty — supply of mechanically propelled vehicle to minor.
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88.— Section 30 of the Act of 2004 is amended by substituting for subsection (2) the following: “(2) A person who contravenes 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.”.
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Display of local authority permits.
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89.— Section 35 (as amended by section 12
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(4)(b) of the Roads Act 2007 ) of the Act of 1994 is amended by inserting after subsection (6) the following: “(7) Where regulations under this section provide for permits to be issued as provided for under subsection (2)(t), the regulations may specify the manner of displaying on the vehicle concerned, or any trailer or container attached to it, the permit or an abstract of it or an indication of its issue.”.
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Detention of vehicles.
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90.— Section 41(3) of the Act of 1994 is amended by substituting “3 weeks” for “6 weeks”.
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Repeal.
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91.— Section 13 of the Act of 2002 is repealed.
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Certificates of competency — display of tax disc and test certificate.
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92.— Section 33 of the Principal Act is amended by inserting after subsection (3A) (inserted by section 21 of the Act of 1968) the following: “(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen— (a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 , or (b) where the vehicle is a vehicle to which section 18 applies, a test certificate, for the time being in force, in respect of the vehicle. (3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.”.
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