Legalize / Ireland / Act

Road Traffic Act 2010

Type Act

Publication 2010-07-20

Last updated 2026-01-01

State In force

Source Irish Statute Book

articles 97

Reform history JSON API

PART 1 Preliminary and General

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

1.— (1) This Act may be cited as the Road Traffic Act 2010.

(2) This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) The Road Traffic Acts 1961 to 2007 and this Act may be cited as the Road Traffic Acts 1961 to 2010 and shall be read together as one.

2. Definitions.

2.— In this Act—

“Act of 1968” means Road Traffic Act 1968;

“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975;

“Act of 1994” means Road Traffic Act 1994;

“Act of 2002” means Road Traffic Act 2002;

“Act of 2004” means Road Traffic Act 2004;

“Act of 2006” means Road Traffic Act 2006;

“Minister” means Minister for Transport;

“prescribed” means prescribed by regulations made by the Minister;

“Principal Act” means Road Traffic Act 1961.

PART 2 Intoxicated Driving Offences

Chapter 1

3. Interpretation — Part 2.

3.— (1) In this Part—

F1[“analysis”includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, the concentration of a drug specified in column (2) of the Schedule in a specimen of blood and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;]

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

“category”, in relation to a vehicle referred to in the definition of “specified person”, means a category of vehicle referred to in Regulation 6 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006);

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

“doctor” means a person registered in the F2[register of medical practitioners] established under section 43(1) of the Medical Practitioners Act 2007;

“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;

“impairment test regulations” means regulations made under F3[section 11(4)];

“impairment tests” means tests prescribed under impairment test regulations;

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

F4[“medical exemption certificate”has the meaning given to it bysection 4(1B);]

“nurse” means a person registered in the register of nurses established under section 27 of the Nurses Act 1985;

F5["specified person" means a person who at the time of an alleged offence under section 4 or 5—

(a) is the holder of a learner permit permitting the holder to drive a vehicle of the category concerned,

(b) is the holder of a first driving licence licensing the holder to drive a vehicle of the category concerned within a period of 2 years from the date of its issue,

(c) is the holder of a driving licence licensing the holder to drive a vehicle in the category C, C1, D, D1, EB, EC, EC1, ED, ED1 or W while driving, attempting to drive or being in charge of such a vehicle,

F6[(d) is the holder of a licence to drive a small public service vehicle granted undersection 9of the Taxi Regulation Act 2013, while driving, attempting to drive or being in charge of a small public service vehicle when the vehicle is being used in the course of carrying on business,]

F7[(da) not being the holder of a licence to drive a small public service vehicle, purports to be or acts as such holder, while driving, attempting to drive or being in charge of a vehicle for the carriage of persons for reward, or]

(e) does not hold a driving licence licensing the holder to drive a vehicle of the category concerned.]

(2) Where a person holds a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in subsection (1) it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence a vehicle of the category concerned or a small public service vehicle being used in the course of business.

Chapter 2

4. Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

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

F8[(1A) Subject tosubsection (1B), a person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of a drug specified in column (2) of theSchedulesuch that, within 3 hours after so driving or attempting to drive, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B)Subsection (1A)does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of the Schedule where the person is the holder of a certificate, in the prescribed form (referred to in this Part as a“medical exemption certificate”) which indicates that at the time at which that drug was found to be present in his or her bloodΔ^9- Tetrahydrocannabinol had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.

(1C) A person who signs a medical exemption certificate containing information which he or she knows to be false commits an offence and is liable on summary conviction to a class C fine.]

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

(a) 50 milligrammes of alcohol per 100 millilitres of blood, or

(b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood.

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

(a) 67 milligrammes of alcohol per 100 millilitres of urine, or

(b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine.

(4) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his or her body a quantity of alcohol such that, within 3 hours after so driving or attempting to drive, the concentration of alcohol in his or her breath will exceed a concentration of—

(a) 22 microgrammes of alcohol per 100 millilitres of breath, or

(b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath.

(5) A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(6) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5.

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

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

5. Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

5.— (1) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.

F9[(1A) A person, other than a person referred to insubsection (1B), commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of a drug specified in column (2) of theSchedulesuch that, within 3 hours after so being in charge, the concentration of that drug in his or her blood is equal to or greater than the concentration specified in column (3) at the same reference number.

(1B)Subsection (1A)does not apply to a person in respect of a drug specified at reference number 1 or 2 in column (2) of theSchedulewhere the person is the holder of a medical exemption certificate which indicates that at the time at which that drug was found to be present in his or her blood it had been lawfully prescribed for him or her and which is signed by the doctor who prescribed it.]

(2) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her blood will exceed a concentration of—

(a) 50 milligrammes of alcohol per 100 millilitres of blood, or

(b) in case the person is a specified person, 20 milligrammes of alcohol per 100 millilitres of blood.

(3) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her urine will exceed a concentration of—

(a) 67 milligrammes of alcohol per 100 millilitres of urine, or

(b) in case the person is a specified person, 27 milligrammes of alcohol per 100 millilitres of urine.

(4) A person commits an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his or her body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his or her breath will exceed a concentration of—

(a) 22 microgrammes of alcohol per 100 millilitres of breath, or

(b) in case the person is a specified person, 9 microgrammes of alcohol per 100 millilitres of breath.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(6) A person charged with an offence under this section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 4.

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

(8) In a prosecution for an offence under this section it shall be presumed that the defendant intended to drive or attempt to drive the vehicle concerned until he or she shows the contrary.

(9) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

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

6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.

6.— (1) A person shall not, in a public place—

(a) drive or attempt to drive, or be in charge of, an animal-drawn vehicle, or

(b) drive or attempt to drive a pedal cycle F10[or a powered personal transporter],

while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the F11[vehicle, cycle or transporter].

(2) A person who contravenes subsection (1) commits an offence and—

(a) if the offence relates to an animal-drawn vehicle, he or she is liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 1 month or to both, and

(ii) in the case of a second or subsequent offence, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both,

(b) if the offence relates to a pedal cycle F10[or a powered personal transporter], he or she is liable on summary conviction to a fine not exceeding €2,000.

(3) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act 1872 with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.

7. Power of entry.

7.— A member of the Garda Síochána for the purpose of—

(a) making a requirement of a person under F12[section 9(2), 9(2A)or10(4)], or

(b) arresting a person under section 4(8), 5(10) or6(4),

may enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not the dwelling) where the person is or where the member, with reasonable cause, suspects him or her to be.

Chapter 3

8. F13[Failure or refusal to produce licence.

8.—(1) Where a person is required by a member of the Garda Síochána to provide a specimen under section 9, 10, 12 or 14 and the person fails or refuses, at the demand of the member under section 40 of the Principal Act, to produce and present to the member a driving licence then having effect and licensing the person to drive the vehicle concerned, it shall be presumed, until the contrary is shown, that the person does not hold such a licence.

(2) The presumption referred to in subsection (1) shall cease to apply in relation to a person who within 10 days of the requirement referred to in that subsection produces and presents to the member or another member of the Garda Síochána at a Garda Síochána station nominated by the person at the time of the requirement, a driving licence held by the person at the time of the requirement, then having effect and licensing the holder to drive a vehicle of the category concerned, or evidence that he or she held such a licence.]

8A. F14[Alternative verdicts.

8A.—(1) A person charged with an offence under section 4 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 4 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.

(2) A person charged with an offence under section 5 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.]

9. Obligation to provide preliminary breath specimen.

F15[9.—(1) This section applies to a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána—

(a) has consumedF16[an intoxicant],

(b) is committing or has committed an offence under theF17[Road Traffic Act 1961 to 2023],

(d) is or has been, with the vehicle, involved in an event in which death occurs or injury appears or is claimed to have been caused to a person of such nature as to require medical assistance for the person at the scene of the event or that the person be brought to a hospital for medical assistance.

(2) A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested and subject to subsections (6) and (7), require a person to whomparagraph (a)or(d)ofsubsection (1)applies, and may require a person to whomparagraph (b)or(c)of that subsection applies—

(a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath in the manner indicated by the member,

F18[(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by him or her or that other member, or]

(c) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by the member.

F19[(2A)F20[A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested and subject tosubsections (6)and(7), require a person to whomparagraph (a)or(d)ofsubsection (1)applies, and may require a person to whomparagraph (b)or(c)of that subsection applies]—

(a) to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member,

(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member, or

(c) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member.

(2B) Where a member of the Garda Síochána makes a requirement undersubsection (2A), the member may request the person of whom the requirement is made to produce for inspection any medical certificate of exemption referred to insection 4(1B)or5(1B)which he or she holds.]

F21[(2C) Where a member of the Garda Síochána, undersubsection (2A), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the public place concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to insubsection (2A)indicates the presence or absence of drugs in the specimen.]

(3)F22[Subject tosection 22(1A), a person who refuses or fails to comply]immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

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

(5) In a prosecution for an offence under section 4, 5 or 6 of this 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.

F23[(5A) In a prosecution for an offence undersection 4 or 5it 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 an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.]

(6) A member of the Garda Síochána shall not makeF20[a requirement undersubsection (2),(2A)or(2C)]of a person to whomparagraph (a)ofsubsection (1)applies if, in the opinion of the member, such requirement would be prejudicial to the health of the person.

(7) A member of the Garda Síochána shall not makeF20[a requirement undersubsection (2),(2A)or(2C)]of a person to whomparagraph (d)ofsubsection (1)applies if, in the opinion of the member or on the advice of a doctor or other medical personnel attending the scene of the event, such requirement would be prejudicial to the health of the person.

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

(9) Nothing in this section affects any power of arrest conferred by law apart from this section.

(10) It is not a defence in any proceedings, other than proceedings under subsection (3), to show that a member of the Garda Síochána did not make a requirement under this section.]

10. Mandatory alcohol testing.

F24[10.—(1) In this section—

“authorisation”means an authorisation undersubsection (2)to establish a checkpoint;

“checkpoint”means a checkpoint established under an authorisation.

(2) A member of the Garda Síochána, not below the rank of inspector, may, for the purposes ofsection 4authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda Síochána may exercise the powers undersubsection (4).

(3) An authorisation shall be in writing and shall specify—

(a) the date on which, and the public place in which, the checkpoint is to be established, and

(b) the hours at any time between which it may be operated.

(4) A member of the Garda Síochána, who is on duty at a checkpoint, may stop any vehicle at the checkpoint and, without prejudice to any other powers (including the functions undersection 9) conferred on him or her by statute or at common law, may require a person in charge of the vehicle to do one or more of the following:

(a) to provide a specimen of his or her breath (by exhaling into an apparatus for indicating the presence of alcohol in the breath) in the manner indicated by the member;

(b) to provide a specimen of his or her oral fluid (by collecting a specimen of oral fluid from his or her mouth using an apparatus for indicating the presence of drugs in oral fluid) in the manner indicated by the member;

(c) to accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide a specimen of his or her breath, as specified inparagraph (a), a specimen of his or her oral fluid, as specified inparagraph (b), or both, in the manner indicated by him or her or that other member;

(d) to—

(i) leave the vehicle at the place where it has been stopped, or

(ii) move it to a place in the vicinity of the checkpoint,

and to keep or leave it there until the person has complied with a requirement made of him or her under any ofparagraphs (a), (b)and(c).

F25[(4A) Where a member of the Garda Síochána, underparagraph (b)or(c)ofsubsection (4), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the checkpoint concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to insubsection (4)(b)indicates the presence or absence of drugs in the specimen.]

(5) A member of the Garda Síochána for the purposes of making a requirement of a person undersubsectionF26[(4)or(4A)]may indicate the manner in which the person must comply with the requirement.

(6) A person who—

(a)F27[subject tosection 22(1B), refuses or fails to comply]immediately with a requirement undersubsection (4)(other thanF26[subsection (4)(d)(ii))or(4A)]or such a requirement in a manner indicated by a member of the Garda Síochána undersubsection (5), or

(b) without reasonable excuse, refuses or fails to comply immediately with a requirement undersubsection (4)(d)(ii)or such a requirement in a manner indicated by a member of the Garda Síochána undersubsection (5),

commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

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

(8) Where a member of the Garda Síochána requires a person to provide a specimen of oral fluid under this section, the member may request the person of whom the requirement is made to produce for inspection any medical exemption certificate referred to insection 4(1B)or5(1B)which he or she holds.

(9) In a prosecution for an offence undersection 4it 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.

(10) In a prosecution for an offence undersection 4it 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 an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.

(11) An authorisation or a copy expressing itself to be such authorisation shall, until the contrary is shown, be sufficient evidence in any proceedings under theF28[Road Traffic Act 1961 to 2023]of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled undersubsection (2)to sign it.]

11. Preliminary impairment testing.

F29[11.—(1) Where a member of the Garda Síochána is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda Síochána, to a place at, or in the vicinity of, the public place concerned and there to perform tests (‘impairment tests’), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person’s ability to drive is impaired.

(2) Where a person is arrested under—

(a)section 4(8), 5(10), 9(4), or10(7)of this Act, or

(b)section 52(3), 53(5), 106(3A)or112(6)of the Principal Act,

having driven, attempted to drive, or been in charge of a mechanically propelled vehicle, a member of the Garda Síochána may, within 3 hours after the person so driving, attempting to drive or being in charge of the vehicle, at a Garda Síochána station, require the person to perform impairment tests in accordance with regulations made under this section for the purpose of assessing whether or not the person’s ability to drive is impaired.

(3) Evidence obtained undersubsection (1)or(2)that a person’s ability to drive is impaired shall be evidence for the purposes ofsections 4and5that the person is incapable of having proper control of a mechanically propelled vehicle.

(4) For the purposes ofsubsections (1)and(2)the Minister may prescribe—

(a) the kinds of impairment tests that may be required to be performed,

(b) the manner in which such a test may be administered,

(d) the kind of observation of physical state that may be made in the course of such a test,

(e) the inferences that may be drawn from observations made in the course of such a test, and

(f) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(5) A person whoF30[…]fails to comply with a requirement undersubsection (1)or(2)commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(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 consisting of failing to comply with a requirement undersubsection (1).

(7)Section 1(1) of theProbation of Offenders Act 1907does not apply to an offence under this section.]

Chapter 4

12. Obligation to provide breath, blood or urine specimens following arrest under Part 2.

12.— (1) Where a person is arrested under section 4(8), 5(10), 6(4), 9(4), 10(7) or F31[11(6)] of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, a member of the Garda Síochána may, at a Garda Síochána station F32[or hospital], do either or both of the following—

(a) require the person to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his or her breath and may indicate the manner in which he or she is to comply with the requirement,

(b) require the person either—

(i) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or

(ii) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine,

and if the doctor or nurse states in writing—

(I) that he or she is unwilling, on medical grounds, to take from the person or be provided by him or her with the specimen to which the requirement in either of the foregoing subparagraphs related, or

(II) that the person is unable or unlikely within the period of time referred to in section 4 or 5, as the case may be, to comply with the requirement,

the member may make a requirement of the person under this paragraph in relation to the specimen other than that to which the first requirement related.

(2) Subject to section 22, a person who refuses or fails to comply immediately with a requirement under subsection (1)(a)commits an offence.

(3) Subject to section 22, a person who, following a requirement under subsection (1)(b)—

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

(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine,

commits an offence.

(4) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

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

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

13. Procedure following provision of breath specimen under section 12.

13.— (1) Where, consequent on a requirement under section 12(1)(a) of him or her, a person provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen—

(a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and

(b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol,

shall be taken into account for the purposes of sections 4(4) and 5(4) and the other specimen shall be disregarded.

(2) Where the apparatus referred to in section 12(1)determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 4(4) or section 5(4), he or she shall be supplied immediately by a member of the Garda Síochána with 2 identical statements, automatically produced by that apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in that specimen determined by that apparatus.

(3) On receipt of those statements, the person shall on being requested so to do by the member—

(a) immediately acknowledge such receipt by placing his or her signature on each statement, and

(b) thereupon return either of the statements to the member.

(4) A person who refuses or fails to comply with subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both.

(5) Section 20(1) applies to a statement under this section as respects which there has been a failure to comply with subsection (3)(a) as it applies to a duly completed statement under this section.

13A. F34[Obligation to provide oral fluid specimen following arrest under Part 2

13A.—(1) Where a person is arrested undersection 4(8), 5(10), 9(4), 10(7)orF35[11(6)]of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána is of the opinion that the person had, at the time of the alleged offence, consumed drugs the member may, at a Garda Síochána station or hospital, require the person to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member.

(2) A person who refuses or fails to comply immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(3) In a prosecution for an offence under this Part it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.

(4)Section 1(1) of theProbation of Offenders Act 1907does not apply to an offence under this section.]

13B. F36[Obligation to provide blood specimen where suspected of certain offences involving drugs

13B.—(1) Where a person is arrested undersection 4(8), 5(10), 9(4), 10(7)orF37[11(6)]of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act and a member of the Garda Síochána, having carried out—

(a) a preliminary oral fluid test undersection 9(2A)or10(4),

(b) impairment tests undersection 11, or

is of the opinion that the person has committed an offence undersection 4consisting of a contravention ofsubsection (1A)of that section or an offence undersection 5(1A)the member may, at a Garda Síochána station or hospital, require the person to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood.

(2) Subject tosection 22, a person who, following a requirement undersubsection (1)—

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

(b) refuses or fails to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood under that subsection,

commits an offence.

(3) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(4)Section 1(1) of theProbation of Offenders Act 1907does not apply to an offence under this section.]

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

F38[14.—(1) Where, in a public place, an event occurs in relation to a mechanically propelled vehicle in consequence ofF39[, or following,]which a person is injured, or claims or appears to have been injured, and is admitted to, or attends at, a hospital and a member of the Garda Síochána is of opinion that, at the time of the event, the person was driving or attempting to drive, or in charge of with intent to drive or attempt to drive (but not driving or attempting to drive), the mechanically propelled vehicle, then, subject to subsection (4) and unless the member is of opinion that the person should be arrested, the member shall, in the hospital, require the person either—

(a) to permit a designated doctor or designated nurse to take from the person a specimen of his or her blood, or

(b) at the option of the person, to provide for the designated doctor or designated nurse a specimen of his or her urine,

and if the doctor or nurse states in writing—

(i) that he or she is unwilling, on medical grounds, to take from the person or be provided by the person with the specimen to which the requirement in either of the foregoing paragraphs related, or

(ii) that the person is unable or unlikely within the period of time referred to in section 4 or 5, as the case may be, to comply with the requirement,

the member may make a requirement of the person under this subsection in relation to the specimen other than that to which the first requirement related.

(2) Subject tosection 22, a person who, following a requirement undersubsection (1)—

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

commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(3) Notwithstanding subsection (2), it is not an offence for a person to refuse or fail to comply with a requirement undersubsection (1)where, following his or her admission to, or attendance at, a hospital, the person comes under the care of a doctor or nurse and the doctor or nurse refuses, on medical grounds, to permit the taking or provision of the specimen concerned.

F40[(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to insubsection (1)cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.]

F41[(4) Before making a requirement of a person undersubsection (1)or a direction undersubsection (3A)the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.]

(5) A member of the Garda Síochána may, for the purposes of making a requirement of a person undersubsection (1)F42[or a direction undersubsection (3A)], enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects the person to be.

(6) A designated doctor or designated nurse may, for the purpose of taking from a person a specimen of his or her blood or being provided by a person with a specimen of his or her urine undersubsection (1)F43[or of taking a specimen of his or her blood as directed under subsection (3A)], enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda Síochána that the person is.

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

(8) Nothing in this section affects any power of arrest conferred by law apart from this section.

(9) It is not a defence in any proceedings, other than proceedings undersubsection (2), to show that a member of the Garda Síochána did not make a requirement under this section.]

F44[(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed undersubsection (3A).]

15. Procedure regarding taking of specimens of blood and provisions of specimens of urine.

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

(2) Where a specimen of blood F45[(other than a specimen taken undersection 14(3A))] or urine of a person has been divided into 2 parts under subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers and inform the person that he or she may retain either of the containers.

F46[(3) As soon as practicable after—

(a) in the case of a specimen of blood taken undersection 14(3A),subsection (1)has been complied with, or

(b) in the case of any other specimen,subsection (2)has been complied with,

a member of the Garda Síochána shall cause to be forwarded to the Bureau—

(i) the completed form referred to insubsection (1),

(ii) where the specimen of blood was taken from the person concerned undersection 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered undersubsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken undersection 14(3A)has not been offered, one of the sealed containers, both sealed containers.]

(4) In a prosecution for an offence under this Chapter or under section 4 or 5, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

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

16.— (1) Where a person is at a Garda Síochána station having been arrested under section 4(8), 5(10), 6(4), 9(4), 10(7) or F47[11(6)] of this Act or section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act, he or she may, at the Garda Síochána station, if the member of the Garda Síochána for the time being in charge of the station is of opinion that the person is under the influence of an intoxicant to such an extent as to be a threat to the safety of himself or herself or others, be detained in custody for such period (not exceeding 6 hours from the time of his or her arrest or, as the case may be, from the time he or she was required to accompany a member to the station) as the member of the Garda Síochána so in charge considers necessary.

(2) Where a person is detained under subsection (1), the member of the Garda Síochána for the time being in charge of the Garda Síochána station shall—

(a) in case the person detained is or the said member is of opinion that he or she is 18 years of age or more, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention, unless the person so detained does not wish any person to be so informed, and

(b) in case the person detained is or the said member is of opinion that he or she is under the age of 18 years, as soon as is practicable, if it is reasonably possible to do so, inform a relative of the person or such other person as the person so detained may specify of the detention.

(3) A person detained under subsection (1) shall—

(a) in case he or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she is 18 years of age or more, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless—

(i) the latter person is or the member is of opinion that he or she is under the age of 18 years,

(ii) the person so detained does not wish to be released into the custody of the latter person, or

(iii) the member is of opinion that the person so detained continues to be under the influence of an intoxicant to such an extent that, if he or she is then released into the custody of the latter person, he or she will continue to be a threat to the safety of himself or herself or others,

and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1), and

(b) in case he or she is or the member of the Garda Síochána for the time being in charge of the Garda Síochána station is of opinion that he or she is under the age of 18 years, upon the attendance at the station of a person being either a relative of, or a person specified under subsection (2) by, the person so detained, be released by the said member into the custody of that person, unless the latter person is or the said member is of opinion that he or she is under the age of 18 years, and shall, if not so released, be released at the expiration of the period of detention authorised by subsection (1).

17. Procedure at Bureau regarding specimens.

F48[17.—(1) As soon as practicable after it has received a specimen forwarded to it undersection 15, the Bureau shall analyse the specimen and may determine, as appropriate, all or any of the following:

(a) the concentration of alcohol in the specimen;

(b) 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 F49[, subject tosection 17A(3),] forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 15 as the person from whom the specimen was taken or who provided it.

(4) In a prosecution for an offence under this Chapter or under section 4 or 5, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

17A. F50[Permission following taking of blood sample from unconscious driver

17A.—(1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to insection 14(1), require that person to give his or her permission for a completed certificate to be forwarded undersection 17.

(2) A member of the Garda Síochána shall notify the Bureau as soon as practicable after he or she has been given the permission of a person following a requirement undersubsection (1).

(3) Where the Bureau receives a specimen undersection 17taken from a person undersection 14(3A)the Bureau shall not forward a completed certificate undersection 17(3)unless the Bureau has received a notification undersubsection (2)in relation to that specimen.

(4) The Minister may prescribe forms for the purposes of this section.

(5) A person who, following a requirement undersubsection (1), without reasonable excuse, refuses or fails to give his or her permission for a completed certificate to be forwarded undersection 17commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) In a prosecution for an offence undersubsection (5)for refusing or failing to give permission for a completed certificate to be forwarded undersection 17, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement undersubsection (1).

(7)Section 1(1) of theProbation of Offenders Act 1907does not apply to an offence under this section.]

Chapter 5

18. Provisions regarding certain evidence in prosecutions under section 4 or 5.

18.—F51[(1) On the hearing of a charge for an offence undersection 4or5it shall not be necessary to show that the defendant had not consumed an intoxicant after the time when the offence is alleged to have been committed but before the taking or provision of a specimen undersection 12, 13Bor14.]

(2) Where, on the hearing of a charge for an offence undersection 4 or 5 evidence is given by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 12 or 14, he or she had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant—

(a) that, but for that consumption, the concentration of alcohol in the defendant’s blood (as specified in a certificate under section 17) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (2) of section 4 or 5, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member,

(b) that, but for that consumption, the concentration of alcohol in the defendant’s urine (as specified in a certificate under section 17) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (3) of section 4 or 5, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member, or

(c) that, but for that consumption, the concentration of alcohol in the defendant’s breath (as specified in a statementundersection 13) would not have exceeded the concentration of alcohol for the time being standing specified in subsection (4) of section 4 or 5, as may be appropriate, whether generally or in respect of the class of person of which the defendant is a member.

F52[(2A) Where, on the hearing of a charge for an offence undersection 4(1A)or5(1A)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 undersection 12, 13Bor14, he or she had consumed a drug specified incolumn (2)of theSchedule, the court shall disregard the evidence unless satisfied by or on behalf of the defendant that, but for that consumption, the concentration of the specified drug in the defendant’s blood (as specified in a certificate undersection 17) would not have been equal to or exceeded the concentration of that drug for the time being standing specified in theSchedule.]

(3) (a) A person shall not take or attempt to take any action (including consumption of F53[an intoxicant] but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) with the intention of frustrating a prosecution under section 4 or 5

(b) A person who contravenes this subsection commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) Where, on the hearing of a charge for an offence under section 4 or 5, the court is satisfied that any action taken by the defendant (including consumption of F53[an intoxicant] but excluding a refusal or failure to provide a specimen of his or her breath or urine or to permit the taking of a specimen of his or her blood) was so taken with the intention of frustrating a prosecution under any of those sections, the court may find that he or she has committed an offence under subsection (3).

19. Written statement by member of Garda Síochána in respect of requirement under section 12(1).

19.— (1) In any proceedings against a person for an offence under section 4 or 5, a written statement by a member of the Garda Síochána in respect of either the making of a requirement F54[undersection 12(1), 13B(1), 14(1)or14(3A)] or carrying out a procedure under those subsections, or both, shall, if the conditions mentioned insubsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her F54[undersection 12(1), 13B(1), 14(1)or14(3A)], as the case may be.

(2) The conditions referred to in subsection (1) are—

(a) the statement purports to be signed by the member of the Garda Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

(3) A copy of a statement required by this section to be served on a person may, be served—

(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

20. Provisions regarding certain evidence in proceedings under Part 2.

20.— (1) A duly completed statement purporting to have been supplied under section 13 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him or her by or under Chapter 4 prior to and in connection with the supply by him or her under section 13 of such statement.

(2) A duly completed form under section 15 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her by or under Chapter 4.

(3) A certificate expressed to have been issued under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under Chapter 4.

F56[(4) In a prosecution for an offence undersection 4, 5, 12, 13Bor14it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse:

(a) a person who by virtue of powers conferred on him or her byChapter 4took 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 undersection 12(1), 13B(1)or14(1)to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen;

(c) a person for whom, following a requirement undersection 12(1)or14(1)to provide for him or her a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen.

(5) Where, undersection 12, 13Bor14, a designated doctor or designated nurse states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor shall, in any proceedings under theF57[Road Traffic Act 1961 to 2023], be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.]

21. Costs of prosecutions under Part 2.

21.— (1) Where a person is convicted of an offence under F58[undersection 4, 5, 12, 13B, 14or17A], 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.

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

22.— (1) In a prosecution of a person for an offence under section 12 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.

F59[(1A) In a prosecution of a person for an offence undersection 9(3)for failure to comply with a requirement underF60[subsection (2)or(2A)or(2C)]ofsection 9, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure.

(1B) In a prosecution of a person for an offence undersection 10(6)(a)it shall be a defence for the person to satisfy the court that there was a special and substantial reason for his or her refusal or failure.]

(2) In a prosecution of a person for an offence under section 12 or 14 for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.

(3) F61[Notwithstandingsubsections (1),(1A),(1B)and(2),] evidence may be given at the hearing of a charge of an offence under section 4 or 5 that the defendant refused or failed to comply with a requirement to provide 2 specimens of his or her breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his or her blood or to comply with a requirement of a designated doctor F62[or designated nurse] in relation to the taking of a specimen of blood, as the case may be.

(4) In a prosecution for an offence under F61[section 11(5)] for refusing or failing to perform a test, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the provision concerned in relation to the performance of a test.

F63[(4A) In a prosecution of a person for an offence undersection 13Bfor refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure.]

(5) Notwithstanding subsection (4), evidence may be given at the hearing of a charge of an offence under section 4, 5 or 6 of the Road Traffic Act 2010 that the defendant failed to comply with a requirement to perform a test.

23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1).

23.— It is not a defence for a person charged with an offence under section 4(1), 5 (1) or 6 (1) to show that, in relation to the facts alleged to constitute the offence, an analysis or determination under this Part has not been carried out or that he or she has not been required under section 9 or 10 to provide a specimen of his or her breath F64[or oral fluid].

Chapter 6

24. Medical examination at Garda Síochána station or hospital.

24.— (1) Where a person is arrested under a provision referred to in section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006) of the Act of 1994 or section 12(1) of this Part or is admitted to hospital in the circumstances referred to in section 15(1) of the Act of 1994 or section 14(1) of this Part, a member of the Garda Síochána, at a Garda Síochána station or the hospital, as the case may be, may require the person to undergo a medical examination carried out by a designated doctor or designated nurse for the purpose of obtaining evidence that the person was, at the time of being arrested or the event, as the case may be, under the influence of an intoxicant as to be incapable of having proper control of a vehicle.

(2) A person who refuses or fails to comply with a requirement under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) Where a designated doctor or designated nurse carries out medical examination of a person for the purposes of subsection (1), he or she shall make a written statement of the results of the examination.

(4) A requirement under subsection (1) of a person admitted to hospital in the circumstances referred to in that subsection shall not be made unless a doctor treating the person has been consulted and it would not be prejudicial to the health of the person to make the requirement.

F65[(5) A member of the Garda Síochána may, for the purpose of making a requirement of a person undersubsection (1), enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him or her to be.

(6) A designated doctor or designated nurse may, for the purpose of carrying out a medical examination undersubsection (1), enter any hospital where the person is or where the doctor or nurse is informed by a member of the Garda Síochána that the person is.

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

25. Evidential matters.

25.— (1) In any proceedings against a person for an offence under section 24(2), a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 24(1) or carrying out an examination under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 24(1).

(2) The conditions referred to in subsection (1) are—

(a) the statement purports to be signed by the member of the Garda Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

(3) A copy of a statement required by this section to be served on a person may, be served—

(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

(4) A duly completed statement purporting to have been made under section 24 (3) shall, until the contrary is shown, be sufficient evidence under the F66[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her under section 24 (1).

(5) In a prosecution for an offence under section 24 (2) it shall be presumed until the contrary is shown that the person—

(a) who carried out a medical examination of a person under section 24 (1), or

(b) for whom, following a requirement under section 24 (1) there was a refusal or failure to undergo a medical examination,

is a designated doctor or designated nurse.

(6) F67[…]

Chapter 7

26. Functions of Bureau.

26.— (1) The Bureau shall perform the functions assigned to it by or under this Part.

(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall arrange for—

(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under section 15, and the issue of reports on such analyses,

F68[(b) the determination, in respect of such specimens, of—

(i) the concentration of alcohol in the blood or urine,

(ii) the presence (if any) of a drug or drugs in the blood or urine, and

(iii) the concentration of a drug or drugs present in the blood,]

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

(e) the approval of—

(i) apparatus for indicating the presence of alcohol, and

(ii) apparatus for determining the concentration of alcohol,

F69[in the breath,]

F70[(f) the approval of apparatus for indicating the presence of drugs in oral fluid.]

(3) The Bureau may, from time to time, arrange for research into—

(a) the physical and mental fitness of drivers of vehicles,

(b) the medical aspects of road safety,

(c) the effects of the consumption of intoxicating liquor or the taking of drugs on drivers of vehicles and the methods of measuring such effects, and

(d) the methods of determining the extent to which alcohol or drugs is or are present in a person’s body.

F71[(4) The Bureau may—

(a) arrange for the supply and testing of—

(i) apparatus for indicating the presence of alcohol, and

(ii) apparatus for determining the concentration of alcohol,

in the breath,

(b) arrange for the supply and testing of apparatus for indicating the presence of drugs in oral fluid, and

(c) give such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research referred to insubsection (3).]

(5) The Freedom of Information Act 1997 is amended in section 46(1) (as amended by section 29 of the Freedom of Information (Amendment) Act 2003) by inserting after paragraph (ba) (inserted by section 112 of the Company Law Enforcement Act 2001) the following:

“(bb) a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 (other than a record concerning the general administration of the Medical Bureau of Road Safety),”.

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

27.— No action or other legal proceedings lie (except in the case of wilful neglect or default) against the Director or any member, officer or employee of the Bureau by reason of, or arising out of, the carrying out of any analysis or determination under section 13 or 17 or this Chapter.

28. Functions of Director.

28.— The following is substituted for section 39(2) (inserted by section 7 of the Act of 1994) of the Act of 1968:

“(2) The Director shall, subject to this Part and the establishment order, manage the day-to-day business of the Bureau and exercise general supervision in relation to the performance by it of the functions assigned to it by or under this Act or Part 2 of the Road Traffic Act 2010.”.

Chapter 8

29. Fixed penalty notice — drink driving.

29.— (1) Where a person, who is not a specified person, is alleged to have committed an offence under section 4(2), (3) or (4) or section 5(2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17—

(a) did not exceed—

(i) 80 milligrammes of alcohol per 100 millilitres of blood,

(ii) 107 milligrammes of alcohol per 100 millilitres of urine,

(iii) 35 microgrammes of alcohol per 100 millilitres of breath,

(b) exceeded—

(i) 80 milligrammes but did not exceed 100 milligrammes of alcohol per 100 millilitres of blood,

(ii) 107 milligrammes but did not exceed 135 milligrammes of alcohol per 100 millilitres of urine, or

(iii) 35 microgrammes but did not exceed 44 microgrammes of alcohol per 100 millilitres of breath,

he or she shall, subject to subsections (4)and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section F72[and the disqualification specified insubsection (8)(a)for the person] holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her.

(2) Where a specified person is alleged to have committed an offence under section 4(2), (3) or (4) or section 5(2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17 did not exceed—

(a) 80 milligrammes of alcohol per 100 millilitres of blood,

(b) 107 milligrammes of alcohol per 100 millilitres of urine, or

he or she shall, subject to subsections (4)and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section and disqualification specified in subsection (8)(b) for the specified person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her.

(3) Where a fixed penalty notice is being served on a person under this section it may be served—

(a) in the case of personal service, by—

(i) delivering it to the person, or

(ii) leaving it at the address—

(I) at which the person ordinarily resides,

(II) which, at the time of the alleged offence, the person gave to a member of the Garda Síochána, or

(III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence,

(b) in the case of postal service, by posting it to the address—

(i) at which the person ordinarily resides,

(ii) which, at the time of the alleged offence, the person gave to a member of the Garda Síochána, or

(iii) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence.

(4) A person is not eligible to be served with a fixed penalty notice if he or she does not hold a driving licence for the time being in force or is disqualified for holding a driving licence, at the time of the commission of the alleged offence.

(5) A person who has been served with a fixed penalty notice and has paid the fixed charge, is not eligible to be served with another fixed penalty notice within the period of 3 years from F72[the date of commencement of the disqualification] following payment of the fixed charge in accordance with the notice.

(6) F73[…]

(7) The fixed charge is—

(a) in the case of a concentration of alcohol referred to in subsection (1)(a) or subsection (2) — €200, or

(b) in the case of a concentration of alcohol referred to in subsection (1)(b) — €400,

or such other amount that, for the time being, stands prescribed in lieu of either of those amounts.

F74[(8) Where—

(a) a person who is eligible undersubsection (1)to be served with a fixed penalty notice pays the fixed charge in accordance with this section and the concentration of alcohol purported to be present in his or her body, as stated or certified in accordance with this Part—

F75[(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 107 milligrammes of alcohol per 100 millilitres of urine, or 35 microgrammes of alcohol per 100 millilitres of breath, the person shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to insubsection (15), or]

(ii) exceeded 80 milligrammes but did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, exceeded 107 milligrammes but did not exceed 135 milligrammes of alcohol per 100 millilitres of urine, or exceeded 35 microgrammes but did not exceed 44 microgrammes of alcohol per 100 millilitres of breath, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to inF75[subsection (15)],

(b) a specified person, who is eligible undersubsection (2)to be served with a fixed penalty notice, pays the fixed charge and payment is made in accordance with this section, he or she shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to inF75[subsection (15)].]

(9) Where a member of the Garda Síochána alleges that a person has committed an offence referred to in subsection (1) or (2) and the person under this section is eligible to be served with a fixed penalty notice, the member shall serve or cause to be served in the manner referred to in section 35, personally or by post, on that person a fixed penalty notice.

(10) A fixed penalty notice—

(a) shall be in the prescribed form,

(b) shall contain details of the manner of payment of a fixed charge, and

(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.

(11) A fixed penalty notice shall contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed the offence specified in the notice,

(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with F74[this Part],

(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed penalty notice,

(d) the person may, if he or she is eligible under this section to be served with a fixed penalty notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda Síochána at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,

F76[(e) where a payment of the fixed charge is made within the period specified inparagraph (d), the person shall be disqualified for holding a driving licence for the appropriate period in the circumstances referred to inparagraph (a)or(b)ofsubsection (8), and]

(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all.

(12) A person who is ineligible under subsection (4)or (5) to pay the fixed charge, and who knows or should in the circumstances have reasonably known that he or she is so ineligible, who pays or attempts to pay the charge commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 1 month or to both.

(13) (a) Where the fixed charge is paid in accordance with this section, a receipt for it shall be issued by the Garda Síochána to the person who has paid the charge.

(b) Subject to paragraph (c), the payment of the fixed charge received by the Garda Síochána in accordance with this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and shall not be recoverable by the person who made it.

(c) Where a person who is ineligible under subsection (4)or (5) to pay the fixed charge pays the charge, the Garda Síochána may return the payment to the person.

(14) Where a payment is received under subsection (13), the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and thereupon the Minister shall F76[cause the period of the disqualification referred to inparagraph (a)or(b)ofsubsection (8)], to be endorsed on the entry in the licence record relating to the person.

F76[(15) Where an endorsement is made undersubsection (14), the Minister shall cause a notice to be issued to the person concerned informing him or her that the date for the commencement of the period of the disqualification is 14 days after the date of that notice.]

(16) A notice issued under subsection (15) relating to a disqualification shall direct the person concerned to submit the driving licence held by him or her to—

(a) the licensing authority F77[…], in the case of an Irish driving licence, or

(b) to such place as specified in the notice, in the case of a foreign driving licence,

within 14 days of the date of the notice.

(17) A person who does not comply with a direction under subsection (16) commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

(18) In a prosecution of an offence referred to in subsection (1) or (2) it shall be presumed until the contrary is shown that—

(a) the relevant fixed penalty notice has been served or caused to be served, and

(b) a payment under the relevant fixed penalty notice, accompanied by the notice, duly completed, has not been made.

F78[(18A) A document purporting to be a certificate or receipt of posting or delivery issued byF79[or on behalf of]An Post or another postal service is admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed penalty notice,]

(19) (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, provide for the performance by that person of any of the functions of a member of the Garda Síochána relating to the issuing of a fixed penalty notice, the receipt of such notice, the acceptance of a payment or the issuing of a receipt for such payment, as are set out in this section or of the function of the Commissioner in respect of the issue of a notice under subsection (9).

(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies.

(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 paragraph (a).

(20) In this section, reference to a fixed penalty notice, duly completed, is reference to such a notice on which the number, the date of the grant, and the period of validity, of the driving licence of the person to whom the notice relates, as required in the notice, have been inserted by or on behalf of the person.

(21) In this section “driving licence” includes a learner permit.

Chapter 9

30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

30.— (1) In any proceedings against a person for an offence under section 49 or 50 of the Principal Act, a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006) of the Act of 1994 or carrying out a procedure under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be admissible in evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 13(1) of the Act of 1994.

(2) The conditions referred to in subsection (1) are—

(a) the statement purports to be signed by the member of the Garda Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

(3) A copy of a statement required by this section to be served on a person may be served—

(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

31. Amendment of section 39(2) of Act of 1994 — power of entry.

F80[31.—Section 39(2) of the Act of 1994 is amended by inserting "making a requirement of the person under section 12(2) of this Act or section 4(4) of theRoad Traffic Act 2006, or" after "for the purpose of".]

32. Amendment of section 5 of Act of 2006 — fixed disqualification notice.

32.— F81[…]

Chapter 10

33. Repeals — Part 2.

33.— The following are repealed:

(a) sections 49, 50 and 51 of the Principal Act,

(b) sections 38, 42 and 48 of the Act of 1968,

(d) subsections (2), (3) and (4) of section 39 of the Act of 1994,

(e) the Road Traffic Act 2003,

(f) section 4 of the Act of 2006,

(g)section 1 of the Road Traffic and Transport Act 2006, and

(h) the matter at reference numbers 9 and 10 of Part 1 of the Table to the Act of 2006.

PART 3 Fixed Charge Offences and Notice

34. Fixed charge offences.

F82[34.—(1) This Part applies in respect of fixed charge offences.

(2) For the purposes of this Part, any of the following offences, committed after this section comes into operation, is a fixed charge offence:

(a) a summary offence under theRoad Traffic Acts 1961to2016declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;

(b) a summary offence under the Roads Acts 1993 to 2015 declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;

(c) an offence which may only be tried summarily under theRoad Transport Act 1933(or any Act construed as one with it) declared by the Minister by regulations to be a fixed charge offence;

(d) an offence which may only be tried summarily under any regulation providing for the carriage of goods or passengers by road or the harmonisation of legislation relating to road transport made under theEuropean Communities Act 1972declared by the Minister by regulations to be a fixed charge offence;

(e) an offence under Part 3 of theTaxi Regulation Act 2013, other than an offence punishable under section 20(4)(a) of that Act, declared by the Minister by regulations to be a fixed charge offence;

(f) an offence under theRoad Safety Authority (Commercial Vehicle Roadworthiness) Act 2012(other than an offence referred to in section 41 of that Act) declared by the Minister by regulations to be a fixed charge offence;

(g) an offence under Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S.I. No. 831 of 2005);

(h) an offence under Regulation 5, 6, 7, 8 or 9 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006);

(i) an offence under—

(i)section 73of theFinance Act 1976, and

F83[(ii) paragraphs (b), (bb) and (c) ofsection 139(1) of theFinance Act 1992.]

(3) The Minister may make regulations for the purposes of declaring an offence to be a fixed charge offence.]

35. Fixed charge notice — service.

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