Road Traffic (Amendment) Act 1978

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Road Traffic (Amendment) Act, 1978.

2 Interpretation.

2.—(1) In this Act—

“the Act of 1968” means the Road Traffic Act, 1968;

“the Principal Act” means the Road Traffic Act, 1961.

(2) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(3) In this Act, a reference to a subsection is to the subsection of the section in which the reference occurs, unless it is indicated that reference to some other section is intended.

3 Collective citation and construction.

3.—The Principal Act, the Act of 1968 and this Act may be cited together as the Road Traffic Acts, 1961 to 1978, and shall be construed together as one Act.

4 Commencement.

4.—This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

PART II Repeals and Amendments

5 Repeals.

5.—(1) Part V of the Act of 1968, other than section 27 (which contains definitions for that Part) sections 37 to 42 (which provide for the establishment of the Bureau and the appointment of the Director of the Bureau) and sections 48 to 52 (which relate to miscellaneous driving offences), is repealed.

(2) The Road Traffic (Amendment) Act, 1973, is repealed.

6 Definitions for Part V of Act of 1968.

6.—The following is substituted for section 27 of the Act of 1968:

“27. In this Part—

‘Bureau’ has the meaning assigned to it by section 37 (1);

‘Director’ has the meaning assigned to it by section 39 (1);

‘establishment order’ has the meaning assigned to it by section 37 (1).”.

7 Functions and duties of Bureau.

7.—(1) The following is substituted for sections 38 (1) and 38 (2) of the Act of 1968:

“(1) The Bureau shall perform the functions assigned to it by or under this Act or by or under the Road Traffic (Amendment) Act, 1978.

(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall, subject to the establishment order and to any regulations under this Part or under Part III of the Road Traffic (Amendment) Act, 1978, arrange for—

(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under Part III of the Road Traffic (Amendment) Act, 1978, and the issue of reports on such analyses,

(b) the determination, in respect of such specimens, of the concentration of alcohol in the blood or urine and of the presence of drugs in the urine,

(c) the issue of certificates required under Part III of the Road Traffic (Amendment) Act, 1978, to be issued by the Bureau,

(d) the provision of equipment for the taking of such specimens,

(e) the approval of apparatus for indicating the concentration of alcohol in breath or blood.”.

(2) Section 38 (4) (a) of the Act of 1968 is amended by the substitution of “Part III of the Road Traffic (Amendment) Act, 1978” for “this Part”.

8 Functions of Director.

8.—The following is substituted for section 39 (2) of the Act of 1968:

“(2) The Director shall, subject to this Part, the establishment order and any regulations under Part III of the Road Traffic (Amendment) Act, 1978, manage the day-to-day business of the Bureau and exercise general supervision in relation to specimens received by the Bureau under Part III of the Road Traffic (Amendment) Act, 1978, and in relation to certificates required under that Part of that Act to be issued by the Bureau.”.

PART III Driving Offences

9 Interpretation of Part III.

9.—(1) In this Part—

“analysis” includes any operation used in ascertaining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in ascertaining the existence or the concentration of a drug in a specimen of urine, and cognate words shall be construed accordingly;

“Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968;

“designated” means designated by a member of the Garda Síochána;

“registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927.

(2) Subject to section 14 (4) (b), a reference in this Part (other than sections 10 and 11) to section 49 or 50 of the Principal Act is to the section inserted by this Part.

10 Prohibition on driving vehicle while under influence of intoxicant.

10.—The following section is inserted in the Principal Act in substitution for section 49 of that Act:

“49.—(1) (a) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 135 milligrammes of alcohol per 100 millilitres of blood.

(3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of urine.

(4) (a) A person who contravenes subsection (1), (2) or (3) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(b) A person charged with an offence under this section may be found guilty of an offence under section 50 of this Act.

(5) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to an offence under this section.

(6) 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.”.

11 Prohibition on being in charge of vehicle while under influence of intoxicant.

11.—The following section is inserted in the Principal Act in substitution for section 50 of that Act:

“50.—(1) (a) A person shall be guilty of an offence who, 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), is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

(2) A person shall be guilty of an offence who is 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) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of blood.

(3) A person shall be guilty of an offence who is 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) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his urine will exceed a concentration of 135 milligrammes of alcohol per 100 millilitres of urine.

(4) (a) A person who is guilty of an offence under this section shall be liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding £100 or, at the discretion of the court, to imprisonment for any term not exceeding three months, or to both, and

(ii) in the case of a second or any subsequent offence, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding six months, or to both.

(b) A person charged with an offence under this section may be found guilty of an offence under section 49 of this Act.

(5) 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 until he shows the contrary.

(6) 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.

(7) Where a person convicted of an offence under this section has been previously convicted of an offence under section 49 of this Act (as amended by the Road Traffic Act, 1968), section 49 of this Act (inserted by the Road Traffic (Amendment) Act, 1978), or section 30 (3) or 33 (3) of the Road Traffic Act, 1968, he shall be treated for the purposes of this section as having been previously convicted of 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.”.

12 Obligation to provide preliminary breath specimen.

12.—(1) Whenever a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require the person to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his breath and may indicate the manner in which he is to comply with the requirement.

(2) A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.

(4) In a prosecution for an offence under this section 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 is an apparatus for indicating the presence of alcohol in the breath.

13 Obligation to provide specimen at Garda station (section 49).

13.—(1) Where a person arrested under section 49 (6) of the Principal Act or section 12 (3) has been brought to a Garda station, a member of the Garda Síochána may at his discretion do either or both of the following—

(a) require the person to provide, by exhaling into an apparatus for indicating the concentration of alcohol in breath or blood, a specimen of his breath,

(b) require the person either to permit a designated registered medical practitioner to take from the person a specimen of his blood or, at the option of the person, to provide for the designated registered medical practitioner a specimen of the person's urine.

(2) A person who refuses or fails to comply forthwith with a requirement under subsection (1) (a) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(3) A person who, following a requirement under subsection (1) (b),—

(a) refuses or fails to comply with such a requirement, or

(b) refuses or fails to comply with a requirement of a designated registered medical practitioner in relation to the taking under this section of a specimen of blood or the provision under this section of a specimen of urine,

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(4) In a prosecution for an offence under this section 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 is an apparatus for indicating the concentration of alcohol in the breath or blood.

(5) Section 1 (1) of the Probation of Offenders Act, 1907, does not apply to an offence under this section.

14 Obligation to provide specimen at Garda station (section 50).

14.—(1) Where a person arrested under section 50 (8) of the Principal Act or section 12 (3) has been brought to a Garda station, a member of the Garda Síochána may at his discretion do either or both of the following—

(a) require the person to provide, by exhaling into an apparatus for indicating the concentration of alcohol in breath or blood, a specimen of his breath,

(b) require the person either to permit a designated registered medical practitioner to take from the person a specimen of his blood or, at the option of the person, to provide for the designated registered medical practitioner a specimen of the person's urine.

(2) A person who refuses or fails to comply forthwith with a requirement under subsection (1) (a) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(3) A person who, following a requirement under subsection (1) (b),—

(a) refuses or fails to comply with such a requirement, or

(b) refuses or fails to comply with a requirement of a designated registered medical practitioner in relation to the taking under this section of a specimen of blood or the provision under this section of a specimen of urine,

shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(4) (a) A person convicted of an offence under this section who has been previously convicted of an offence under section 49 or 50 of the Principal Act (as amended by the Act of 1968), section 49 or 50 of the Principal Act (inserted by this Act) or section 30 (3) of the Act of 1968 shall, for the purpose of determining the period of a disqualification under a consequential disqualification order, be treated as having been previously convicted of an offence under this section.

(b) The reference in subsection (4) (a) to section 49 or 50 of the Principal Act shall, notwithstanding section 9 (2), be construed as including a reference to section 49 or 50 before the commencement of section 10 or 11 (as may be appropriate).

(5) In a prosecution for an offence under this section 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 is an apparatus for indicating the concentration of alcohol in the breath or blood.

15 Obligation to provide breath specimen.

15.—(1) Whenever a member of the Garda Síochána is of the opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require him to provide, by exhaling into an apparatus for indicating the concentration of alcohol in breath or blood, a specimen of his breath and may indicate the manner in which or the place (including a vehicle) where he is to comply with the requirement, or both the manner and the place.

(2) (a) Subject to paragraph (b) of this subsection, a person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner or place indicated by a member of the Garda Síochána, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.

(b) It shall be a good defence to a prosecution for an offence under this section to show that, as soon as practicable after the refusal or failure, the defendant offered to permit a designated registered medical practitioner to take from him a specimen of the defendant's blood.

(3) A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section, and a person so arrested shall be deemed to be a person arrested under section 16 (4).

(4) In a prosecution for an offence under this section 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 is an apparatus for indicating the concentration of alcohol in breath or blood.

16 Procedure following provision of specimen under section 15.

16.—(1) Where, consequent on a requirement under section 15 on him, a person provides a specimen of his breath and the apparatus indicates that he has committed an offence under section 49 (2) of the Principal Act, he shall be supplied forthwith by a member of the Garda Síochána with a written statement indicating the concentration of alcohol in the person's blood.

(2) On receipt of the statement referred to in subsection (1) the person shall forthwith acknowledge such receipt in writing by his signature as requested by the member of the Garda Síochána.

(3) A person who refuses to comply with subsection (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding £100, or to both.

(4) A member of the Garda Síochána may arrest without warrant a person who refuses or fails to comply with subsection (2).

(5) Where a person arrested under subsection (4) (or a person deemed under section 15 (3) to be a person so arrested) has been brought to a Garda station, a member of the Garda Síochána may require the person to permit a designated registered medical practitioner to take from the person a specimen of his blood or, at the person's option, to provide for the designated registered medical practitioner a specimen of the person's urine.

(6) A person who, following a requirement under subsection (5),—