Road Traffic Act , 1994

PART I Preliminary and General

1. Short title, commencement, construction and collective citation.

1.—(1)This Act may be cited as the Road Traffic Act, 1994.

(2)This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions, including the application of section 4 to different Acts specified therein and to different provisions of those Acts.

(3)The Principal Act, the Act of 1968, the Act of 1984 and the Act of 1987 (in so far as it amends those Acts), shall be construed as one with this Act and may be cited together therewith as the Road Traffic Acts, 1961 to 1994.

2. Interpretation.

2.—(1)In this Act, save where the context otherwise requires—

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

“the Act of 1978” means the Road Traffic (Amendment) Act, 1978;

“the Act of 1984” means the Road Traffic (Amendment) Act, 1984;

“the Act of 1987” means the Dublin Transport Authority (Dissolution) Act, 1987;

“the Act of 1993” means the Roads Act, 1993;

“licensing authority” means the council of a county or the corporation of a county borough;

“prescribed” means prescribed by regulations made by the Minister under this Act;

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

F1["reserved function" is to be read in accordance withsection 131of theLocal Government Act 2001;]

(2)In this Act—

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

(b)a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c)a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3. Regulations.

3.—(1)The Minister may make regulations for the purpose of giving full effect to this Act and such regulations may contain such incidental, supplementary, consequential and transitional provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(2)Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next subsequent 21 days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Repeals.

4.—(1)Sections 89, 90, 101 (8), 101A (inserted by the Act of 1987) and 115 (7) of the Principal Act, section 60 of the Act of 1968 and the Act of 1978 are hereby repealed.

(2)Regulations, bye-laws and temporary rules made under a provision or enactment referred to in subsection (1) and in force immediately before the commencement of this section shall continue in force and be deemed to be regulations or, as the case may be, bye-laws made under the corresponding provision of this Act, and they shall be capable of being amended or revoked accordingly, and documents issued under or in accordance with any regulations, bye-laws or temporary rules as aforesaid and in force immediately before such commencement shall continue in force for the purposes of this Act.

PART II The Bureau

5. Definitions for Part V of Act of 1968.

5.—F2[…]

6. Functions and duties of Bureau.

6.—F3[…]

7. Functions of Director.

7.—F4[…]

8. Protection of Director, etc., against legal proceedings.

8.—F5[…]

PART III Driving Offences

9. Interpretation of Part III.

9.—(1)In this Part—

“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

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

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

“doctor” means a person registered in the General Register of Medical Practitioners established under section 26 of the Medical Practitioners Act, 1978;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol.

F6["nurse" means a person registered in the register of nurses established under section 27 of the Nurses Act 1985.]

(2)A reference in this Part (other than sections 10 and 11) to section 49 or 50 of the Principal Act is to the section inserted by this Part.

10. Prohibition on driving vehicle while under influence of intoxicant.

10.—F8[…]

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

11.—F9[…]

12. Obligation to provide preliminary breath specimen.

F10[12.—(1)F11[…]

(2)F11[…]

(3)F11[…]

(4)F11[…]

(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

(6)F11[…]

(7)F11[…]

(8)F11[…]

(9)F11[…]

(10)F11[…]]

13. Obligation to provide specimen following arrest.

13.—(1) F13[…]

(2) F13[…]

(3) F13[…]

(4)In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath.

(5) F13[…]

14. Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.

14.—F14[…]

15. Obligation to provide blood or urine specimen while in hospital.

15.— F15[…]

16. Detention of intoxicated drivers where a danger to selves or others.

16.—F16[…]

17. Procedure following provision of breath specimen under section 13.

17.—F17[…]

18. Procedure regarding taking of specimens of blood and provision of specimens of urine.

18.—F18[(1) Where under this Part a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section.]

(2)Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.

(3)As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.

(4)In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

19. Procedure at Bureau regarding specimens.

19.—(1)As soon as practicable after it has received a specimen forwarded to it under section 18, the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2)Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3)As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.

(4)In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

20. Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.

20.—(1)On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15.

(2)Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 13, 14 or 15, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

(a)that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

(b)that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 19) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

(c)that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statement under section 17) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of the said section 49 or 50, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

(3)(a)A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.

(b)A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to F21[a fine not exceeding€5,000] or to imprisonment for a term not exceeding 6 months or to both.

(4)Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath or urine or to permit the taking of a specimen of his blood) was so taken with the intention of frustrating a prosecution under either of those sections, the court may find him guilty of an offence under subsection (3).

21. Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.

21.—(1)A duly completed statement purporting to have been supplied under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him by or under this Part prior to and in connection with the supply by him pursuant to section 17 (2) of such statement.

(2)A duly completed form under section 18 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the F23[designated doctor or designated nurse] concerned with the requirements imposed on him by or under this Part.

(3)A certificate expressed to have been issued under section 19 shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts, 1961 to 1994, of the facts stated therein, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under this Part or Part V of the Act of 1968.

(4)In a prosecution for an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 it shall be presumed until the contrary is shown that each of the following persons is a F23[designated doctor or designated nurse, as the case may be]—

(a)a person who by virtue of powers conferred on him by this Part took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine,

(b)a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to permit the taking by him of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his in relation to the taking of such a specimen,

(c)a person for whom, following a requirement under section 13 (1), 14 (4) or 15 (1) to provide for him a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his in relation to the provision of such a specimen.

F23[(5) Where undersection 13, 14or15a designated doctor, or undersection 13or14a designated nurse, states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor or nurse, shall, in any proceedings under theRoad Traffic Acts 1961 to 2006be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.]

22. Costs of prosecutions under sections 49 and 50 of Principal Act and Part III.

22.—(1)Where a person is convicted of an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15, committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court a contribution towards the costs and expenses incurred by the Bureau in the performance of its functions not exceeding such amount as may, for the time being, stand prescribed.

(2)Payments under subsection (1) shall be disposed of in such manner as may be prescribed.

23. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

23.—(1)In a prosecution of a person for an offence under section 13 for refusing or failing to comply with a requirement to provide 2 specimens of his breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.

(2)In a prosecution of a person for an offence under section 13, 14 or 15 for refusing or failing to comply with a requirement to permit a F26[designated doctor or designated nurse] to take a specimen of blood or for refusing or failing to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure and that, as soon as practicable after the refusal or failure concerned, he complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.

(3)Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to comply with a requirement to provide 2 specimens of his breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his blood or to comply with a requirement of a F26[designated doctor or designated nurse] in relation to the taking of a specimen of blood, as the case may be.

24. Bar to certain defence to charges under sections 49 and 50 of Principal Act.