Road Traffic Act 2010

35.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the member identifies the person, F84[the member shall serve], or cause to be served, personally or by post, on the person a fixed charge notice, or

(b) if the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, F84[the member shall serve], or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.

(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.

(3) Where a fixed charge notice is being served on a person identified under subsection (1) (a) or on a registered owner where the person is not identified under subsection (1) (b), it may be served—

(a) in the case of personal service—

(i) where the person is identified, by—

(I) delivering it to the person, or

(II) leaving it at the address—

(A) at which the person ordinarily resides,

(B) which, at the time of the alleged offence, the person gave to the member referred to in subsection (1), or

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

or

(ii) where the person is not identified, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence,

or

(b) in the case of postal service—

(i) where the person is identified, by posting it to the address (inside or outside the State)—

(I) at which the person ordinarily resides,

(II) which, at the time of the alleged offence, the person gave to the member referred to in F85[subsection (1)], 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,

or

(ii) where the person is not identified, by posting it to the address at which the vehicle is registered at the time of the alleged offence.

(4) In a case referred to in subsection (1), if the offence concerned is not a penalty point offence—

(a) the references in that subsection to a member of the Garda Síochána shall be construed as including references to a traffic warden, and

(b) paragraph (b)of that subsection shall be read as if “or shall affix such a notice to the vehicle” were inserted after “fixed charge notice”.

F86[(5) In a case referred to insubsection (1)the references in that subsection to a member of the Garda Síochána (other than inparagraph (b)) are to be read as including references—

(a) if the offence is an offence referred to inF87[section 34(2)(c)orsection 34(2)(d)], to a transport officer appointed under section 15 (inserted bysection 117of theDublin Transport Authority Act 2008) of theRoad Transport Act 1986, or

(b) if the offence is an offence referred to inF88[section 34(2)(e)], to an authorised person appointed undersection 40of the Taxi Regulation Act 2013.]

(6) Where—

(a) a fixed charge notice is served on the registered owner of a mechanically propelled vehicle or affixed to such a vehicle F89[undersubsection (1)(b)], and

(b) the registered owner of the vehicle was not driving or otherwise using the vehicle, at the time of the commission of the alleged offence to which the notice relates,

the registered owner shall—

(i) not later than 28 days after the date of the notice, give or send to a member of the Garda Síochána or a traffic warden at the Garda Síochána station or other place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by the member or warden at the Garda Síochána station or other place specified in the notice such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i).

(7) Where a registered owner is giving or sending in accordance with subsection (6)(b)(i) the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. In a prosecution for an offence under section 40(2) in the absence of such proof it shall be presumed, until the contrary is shown, that no such name or address was so given or sent.

(8) For the purposes of subsection (6)(b) where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the owner.

(9) The Commissioner shall, not later than 28 days after a document referred to in subsection (6) containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a member of the Garda Síochána or a traffic warden, cause a notice under this section to be served, personally or by post, on the person.

36. Fixed charge notice — form.

36.— (1) A fixed charge notice—

(a) shall be in the prescribed form,

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

(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,

(d) if it relates to a penalty point offence, shall require such details of the driving licence or learner permit held by the person on whom it is served as specified in the notice, and

(e) if it relates to a penalty point offence, shall contain a statement to the effect that, if the person on whom it is served makes a payment specified in F94[paragraph (b), (c)or(e)] of subsection (2) or, as the case may be, subsection (3) in accordance with those provisions or is convicted of that offence, different specified numbers of penalty points F95[…] will be endorsed on the entry F95[…] of the person.

F96[(1A) A fixed charge notice relating to an offenceF97[referred to insection 34(2)(e)]which is a demerit offence (within the meaning of Part 5 of the Taxi Regulation Act 2013), shall contain a statement to the effect that if the person on whom it is served makes the appropriate payment specified inF97[subsection (2) ofsection 35of theTaxi Regulation Act 2013]in accordance with that subsection or is convicted of the offence, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning ofsection 33of the Taxi Regulation Act 2013) of the person.]

(2) If a notice is served under section 35(1)(a)or (9), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—

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

(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice,

(c) if the person does not make the payment specified in paragraph (b) of this subsection, during the period of 28 days beginning on the expiration of that period, the person may make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), F98[…]

F99[(d) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and]

F100[(e) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to inparagraph (b)and, if the person pays such amount proceedings in respect of the alleged offence will be discontinued.]

(3) If a notice is served or affixed to a mechanically propelled vehicle under section 35 (1) (b), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that—

(a) an offence specified in the notice is alleged to have been committed,

(b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount,

(c) if the person does not make the payment specified in paragraph (b) during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b),

F101[(cc) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to inparagraph (b),]

(d) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by section 35 (6)—

(i) not later than 28 days after the date of the notice, to give or send to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) to give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i),

(e) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice under paragraphs (b) and (c) or, if a payment specified in the notice is made in accordance with the notice, during the appropriate period so specified in relation to the payment, at all,

(f) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with section 35 (6),

F102[(g) if the registered owner complies withsection 35(6), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated,

(gg) if a summons has been served in respect of the alleged offence and, not later than 7 days before the day specified in the summons on which the person is required to appear in court, the person on whom the summons was served, makes a payment specified in the notice served with the summons, in accordance with that notice, the prosecution in respect of the alleged offence shall be discontinued,]

(h) subject to paragraph (f), failure to comply with section 35(6) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.

(4) F103[…]

37. Payment of fixed charge.

37.— (1) Where a notice is served or affixed under section 35(1)or served under section 35(9)—

(a) a person or the person to whom the notice applies may, during F106[either 28 day period] specified in the notice and in accordance with the notice, make a payment specified in the notice,

(b) the payment—

(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and

(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Finance directs,

and shall not be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during F107[either 28 day period specified] in the notice or, if a payment so specified is made F107[during either such period] in accordance with the notice, F108[…] at all,

(d) in case the notice is served or affixed under section 35(1)(b)and a payment aforesaid in accordance with the notice is so made, the registered owner need not comply with section 35(6), and

(e) if the registered owner complies with section 35 (6), the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of that alleged offence shall not be initiated.

F109[(2) Subject tosection 44, the payment of a fixed charge shall not be accepted after the expiration of the second 28 day period specified in the fixed charge notice.]

38. Presumptions.

38.— (1) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that—

(a) the relevant fixed charge notice—

(i) if being served personally or affixed to a vehicle, has been so served or affixed, or

(ii) if being served by post, has been so served where there is proof of posting or delivery of the notice,

and

(b) that a payment under the relevant fixed charge notice, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.

(2) In any proceedings in respect of a fixed charge offence a document purporting to be a certificate or receipt of posting or delivery issued by F111[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 charge notice F112[…].

(3) Where, in a case to which section 35(1)(b)applies, the registered owner of the mechanically propelled vehicle concerned does not give or send in accordance with section 35(6) the information specified in paragraph (b) of that subsection, then—

(a) in a prosecution of that owner for the alleged offence, which is not a penalty point offence, to which the notice under section 35(1)(b)relates, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence, or

(b) in a prosecution of that owner or another person for the alleged offence, which is a penalty point offence, to which the notice under section 35(1)(b)relates, it shall be presumed, until the contrary is shown, that—

(i) where the registered owner is an individual, he or she was driving or otherwise using the vehicle, or

(ii) where the registered owner is a body corporate or unincorporated body of persons or has hired out under a hire-drive agreement or leased the vehicle—

(I) the person permitted under an approved policy of insurance or under an agreement, as the case may be, to drive the vehicle was driving or otherwise using the vehicle, or

(II) in the event of being unable to ascertain the identity of that person, the registered owner is deemed to have been driving or otherwise using the vehicle,

at the time of the commission of the alleged offence.

(4) A member of the Garda Síochána may for the purposes of subsection (3) (b) request information or cause to be requested by notice served or caused to be served in the manner specified in section 35 (3)(including the production for inspection to the member of an approved policy of insurance or an agreement to drive the vehicle, relating to the vehicle concerned) from the registered owner of the vehicle concerned and if the registered owner fails, not later than 28 days after the date of the notice, to give the information or gives information which is false or misleading, the registered owner commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

39. Regulations — information regarding drivers of mechanically propelled vehicles.

39.— (1) The Minister may make regulations requiring information to be given to the Minister, a licensing authority or a member of the Garda Síochána for the purposes of section 38 (3) and generally ascertaining the names and addresses of persons permitted under approved policies of insurance or agreements or otherwise to drive mechanically propelled vehicles.

(2) A person who fails to give information in accordance with regulations made under subsection (1) when requested to do so commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

40. Offences in relation to fixed charge notices.

40.— (1) A notice which is affixed to a mechanically propelled vehicle under section 35(1)shall not be removed or interfered with except by a person to whom the notice applies.

(2) A person who contravenes section 35(6) (subject to section 37(1)(e)) or subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) It shall be a defence for a person charged with an offence under subsection (2) consisting of a contravention of section 35(6) for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information.

(4) In a prosecution for an offence under subsection (2) consisting of a contravention of section 35(6), it shall be presumed, until the contrary is shown, that the accused person was served with the fixed charge notice in accordance with section 35(1)(b)to which the offence relates.

(5) In a prosecution of a person for—

(a) the alleged offence to which a fixed charge notice, served on the registered owner of a mechanically propelled vehicle, relates, or

(b) an offence under subsection (6),

a document, purporting to be a document under section 35(6) stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence referred to in paragraph (a) and to be signed by that registered owner, given or sent under paragraph (b) of that subsection by that owner to a member of the Garda Síochána or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a), shall be admissible as evidence, until the contrary is shown, of the facts stated in it.

(6) A person who, under section 35(6), gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

(7) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (2) consisting of a contravention of section 35(6) or an offence under section 38(4) may be brought at any time within 2 years from the date on which the offence was committed.

41. Regulations — fixed charge amounts.

41.— Regulations may be made by the Minister prescribing the amount of a fixed charge and may prescribe different amounts in relation to—

(a) different fixed charge offences,

(b) fixed charge offences involving different classes of vehicles, or

(c) fixed charge offences committed in different areas.

42. Traffic wardens.

42.— (1) (a) The Minister may authorise in writing such and so many persons as he or she may determine to perform the functions conferred on traffic wardens by this Part. A person so authorised shall, when performing any such function, if so requested, produce to the person who made the request the authorisation of the Minister under this section or a copy of it.

(b) The number of persons standing authorised under this subsection and their remuneration and other conditions of service shall be such as may be determined by the Minister with the consent of the Minister for Finance.

(c) Neither the F116[Public Service Management (Recruitment and Appointments) Act 2004] nor the Civil Service Regulation Act 1956 apply to the position of traffic warden.

(d) In this subsection, “Minister” means Minister for Justice and Law Reform.

(2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed a fixed charge offence, the traffic warden may request of the person his or her name and address and, if the person does not comply with the request or gives a name or address that is false or misleading, he or she commits an offence.

43. Outsourcing.

43.— (1) The Minister for Justice and Law Reform may, by an agreement in writing entered into with a person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of—

(a) the function of the Commissioner in respect of the serving of a document under section 35(9), or

(b) any of the functions of a member of the Garda Síochána or a traffic warden under this Part other than the functions specified in section 35(1).

(2) An agreement referred to in paragraph (a)ofsubsection (1) 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.

(3) Section 14(2), (3) and (4) of the Road Traffic Act 2002 apply to any agreement entered into by the Minister for Justice and Law Reform under subsection (1)(a).

44. Payment of fixed charge on service of summons.

F117[44.—(1) Where a member of the Garda Síochána serves a person with a summons in respect of a fixed charge offence the member shall serve, or cause to be served, on the person, a notice under this section ("section 44notice").

(2) Asection 44notice shall be served with, and in the same manner as, the summons in respect of the fixed charge offence to which thesection 44notice relates.

(3) Asection 44notice—

(a) shall be in the prescribed form,

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

(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, and

(d) if it relates to a penalty point offence shall—

(i) require such details of the driving licence or learner permit held by the person on whom it is served as specified in the notice, and

(ii) contain a statement to the effect that if the person on whom it is served pays the fixed charge or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person.

(4) Asection 44notice shall, without prejudice to the generality ofsubsection (1), contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed an offence specified in the summons with which it is served,

(b) the person may, not later than 7 days before the date specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount stated in the notice in the manner specified in the notice,

(c) where the summons relates to a penalty point offence, if the person on whom it is served makes a payment in accordance withparagraph (b)or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person, and

(d) if the person pays the fixed charge no proceedings in respect of the alleged offence will be continued and the person need not attend the court on the day specified in the summons.

(5) The fixed charge amount stated in asection 44notice shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 35, in respect of the fixed charge offence to which it relates.

(6) Where asection 44notice is served the person to whom it applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice.

(7) A payment under this section—

(a) may be received only within the period referred to insubsection (4)(b)and in accordance with thesection 44notice, and

(b) is not recoverable by the persons paying it.

(8) The person receiving a payment under this section may issue a receipt for it.

(9) Where a person who has been served with a summons accompanied by asection 44notice makes a payment of a fixed charge in accordance with the notice, proceedings in respect of the alleged offence to which the notice relates shall be discontinued.

(10) Where a person is served with a summons accompanied by asection 44notice in respect of a fixed charge offence, it shall not be a defence for the person served with the summons to show that he or she was not served with a fixed charge notice in respect of the alleged offence in accordance withsection 35.

(11) In this section "summons" means a summons issued under—

(a)section 10of thePetty Sessions (Ireland) Act 1851, or

(b) theCourts (No. 3) Act 1986.]

45. Offence by body corporate.

45.— Where an offence under section 38, 39 or 40(2) (in respect of contravention of section 37(1)(e) of this Act) or section 3(7)(h) (inserted by section 23(c) of the Act of 2004) of the Act of 1975 is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any wilful neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of any committee of management or other controlling authority) of such body, such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

46. Fixed charge notice — traffic wardens.

46.— Section 3 F119[…] of the Local Authorities (Traffic Wardens) Act 1975 is amended by substituting for subsection (2) (inserted by section 12 of the Act of 2002) the following:

“(2) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the warden identifies the person, the warden may serve, or cause to be served, personally or by post, on the person a notice under this section, or

(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle, the warden may—

(i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section, or

(ii) affix such a notice to the vehicle.

(2A) A prosecution in respect of a fixed charge offence shall not be instituted unless a notice under this section in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.”.

47. Interpretation.

F120[47.—(1) In this Part—

“entry”has the meaning assigned to it by section 1(1) of the Act of 2002;

“fixed charge”means the amount of a fixed charge prescribed undersection 41;

“fixed charge notice”means a notice served undersection 35;

“fixed charge offence”means an offence referred to insection 34;

“penalty point”has the meaning assigned to it by section 1(1) of the Act of 2002;

“penalty point offence”has the meaning assigned to it by section 1(1) of the Act of 2002;

“section 44 notice”has the meaning assigned to it bysection 44;

“traffic warden”means a person standing authorised undersection 42(1).

(2) In this Part, references to a fixed charge notice under this section, duly completed, are references 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 have been inserted by or on behalf of the person.]

48. Transitional measure — onus of proof in respect of named driver and discharge duties of registered owner — section 103(4) of Principal Act.

48.— F122[…]

49. Repeals — Part .

49.— The following are repealed:

(a) section 103 of the Principal Act,

(b) section 11 of the Act of 2002,

(c) sections 18, 19 and 20 of the Act of 2004, and

(d) section 14 of the Act of 2006.

49A. F123[Fixed charge offences - transitional provisions

49A.—(1) Section 103 of the Principal Act and sections 19 and 20 of the Act of 2004 shall, notwithstandingsection 49, apply to a fixed charge offence (within the meaning of section 103 of the Principal Act) committed beforesection 34comes into operation.

(2) Notwithstandingsection 48(4), that section shall continue to apply in respect of a fixed charge offence (within the meaning of section 103 of the Principal Act) committed beforesection 34comes into operation.]

PART 4 Payment Deposit

50. Payment deposit from non-resident drivers in respect of certain alleged offences.

50.— (1) This section applies to such offences under—

(a) the Road Traffic Acts 1961 to 2010,

(b) the Road Transport Act 1933 (including any Act construed as one with it),

(c) any regulation made under the European Communities Act 1972 providing for the carriage of merchandise by road or the carriage of passengers by road or the harmonisation of certain legislation relating to road transport, or

(d) any enactment or any instrument made under any enactment relating to the carriage of goods or passengers by road or to any vehicle or class of vehicles engaged in such carriage,

as may be prescribed.

(2) Where—

(a) a member of the Garda Síochána or a transport officer has reasonable grounds for believing that an offence to which this section applies is being or has been committed by a person, and

(b) the person does not give to the member or officer an address in the State at which the member or officer is satisfied that it is likely that it would be possible to find the person whenever necessary to do so in connection with any proceedings in respect of the alleged offence,

then the member or officer may, subject to subsection (3), serve personally on the person a notice (in this section referred to as a “payment deposit notice”) in accordance with this section.

(3) Where a payment deposit notice is served on a person, the person shall—

(a) be informed by the member of the Garda Síochána or the transport officer serving the notice that it is likely that proceedings will be brought against the person in respect of the alleged offence, or

(b) if the offence is a fixed charge offence, be served with a fixed charge notice by the member or officer or informed by the member or officer that it is intended to serve the person with a fixed charge notice.

(4) A person on whom a payment deposit notice has been served under subsection (2) who—

(a) resides outside the State, shall give to the member or officer serving the notice the address outside the State at which he or she resides or which is his or her most usual place of abode, or

(b) in a case where the alleged offence involves the use of a mechanically propelled vehicle by the person in the course of his or her employment, has no habitual residence or place of abode outside the State, shall give to the member or officer serving the notice the address of his or her employer.

(5) A payment deposit notice shall be in the prescribed form.

(6) A payment deposit notice shall—

(a) require the person to pay an amount (in this section referred to as a “payment deposit”) in accordance with the requirements of regulations under subsection (7), and

(b) contain details of those requirements.

(7) The Minister may by regulations provide in relation to a payment deposit for all or any of the following:

(a) the amount to be paid and different amounts may be prescribed in relation to different offences, calculated in respect of an offence as a proportion of the maximum fine that may be imposed in relation to the offence or, if the offence is a fixed charge offence, the amount of the fixed charge or a specified proportion of it;

(b) the timing, method or manner of payment or appropriate arrangements for making payment or matters relating thereto;

(c) whether the payment is to be accompanied by the notice and, if so, the details to be completed on the notice;

(d) options for payment (including the possibility of cash payment where in the circumstances and at the material time another means of payment is not possible) so as not to unduly delay a person, who is willing to pay the payment deposit, on his or her journey;

(e) the issue of a receipt in respect of payment;

(f) applications for refunds of payment deposits, including time limits for such applications;

(g) the refund of payment deposits, in whole or in part;

(h) directions which may be given by a member of the Garda Síochána or a transport officer in connection with matters relating to payment, the arrangements for making payments or the vehicle concerned or any load on it;

(i) any other requirements relating to payment of the payment deposit, as the Minister considers appropriate.

(8) A person who fails or refuses to—

(a) pay a payment deposit in accordance with the requirements of regulations under subsection (7), or

(b) give an address for the purposes of subsection (4),

is liable to have—

(i) a notice (in this section referred to as a “prohibition notice”) served personally on him or her by a member of the Garda Síochána or a transport officer, as may be appropriate, or a nominated person at the request of the member or officer, prohibiting the movement of the vehicle concerned other than in accordance with the directions of any such member or officer, and

(ii) in accordance with regulations under subsection (10)—

(I) affixed to the vehicle an immobilisation device and a notice (referred to in this section as an “immobilisation notice”) stating that the vehicle has been immobilised and shall not be moved, and

(II) the vehicle detained or impounded,

until payment or a satisfactory arrangement for payment is made in accordance with the directions of a member of the Garda Síochána or a transport officer or the address is given, as the case may be.

(9) (a) A prohibition notice and an immobilisation notice shall be in the prescribed form.

(b) The Minister may prescribe such persons or class of persons who may be nominated persons for the purposes of subsection (8).

(10) For the purposes of this section, the Minister may by regulations provide for all or any of the following:

(a) matters relating to the immobilisation, detention and impounding of a vehicle, including the release of the vehicle upon payment of the payment deposit concerned and any release and storage fee and, where the payment deposit remains unpaid, the disposal of the vehicle and any load on it and any fees relating thereto;

(b) satisfactory arrangements for payment, after any deduction for fees referred to in paragraph (a), where appropriate, of the amount obtained from disposal of the vehicle or its load, to the appropriate person;

(c) the recovery of the difference from the appropriate person, if the amount obtained after such disposal is less than the amount due for fees referred to in paragraph (a).

(11) A member of the Garda Síochána or a transport officer may, for the purposes of this section and any regulations made under it, give directions to the driver or person in charge of a vehicle served with a payment deposit notice or a prohibition notice (including directions requiring or permitting the movement of the vehicle to such place as the member or officer may direct).

(12) A person who fails to comply with a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

(13) A person who, without the permission of a member of the Garda Síochána or a transport officer—

(a) drives or attempts to drive a vehicle—

(i) in respect of which a prohibition notice has been served, or

(ii) to which an immobilisation notice has been affixed or which has been immobilised, detained or impounded,

under subsection (8), or

(b) where the vehicle has been immobilised, detained or impounded under subsection (8), interferes with or removes any immobilisation device attached to the vehicle, or removes or attempts to remove the vehicle,

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.

(14) 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.

(15) Where a person who has paid a payment deposit and has also been served with a fixed charge notice relating to the same alleged offence agrees to make payment of the fixed charge specified in the fixed charge notice, any amount paid by the person in respect of the payment deposit shall be deemed to be payment or part payment, as the case may be, made in respect of the fixed charge. The remainder (if any) shall be returned to the person.

(16) Where, in proceedings for an offence to which this section applies, a person is convicted, any payment deposit he or she has paid shall be applied towards payment of any fine imposed. The remainder (if any) shall be returned to the person in accordance with regulationsundersubsection (7).

(17) Where, in proceedings for an offence to which this section applies, the person is not convicted any payment deposit he or she has paid shall be returned to the person in accordance with regulationsundersubsection (7).

(18) Where proceedings are not brought or, if brought, are withdrawn or otherwise discontinued in respect of an offence to which this section applies, any payment deposit paid by the person concerned shall be returned to the person in accordance with regulations undersubsection (7).

(19) A transport officer when exercising any power conferred on him or her under this section shall produce his or her warrant of appointment as such under section 15(1) (inserted by section 117 of the Dublin Transport Authority Act 2008) of the Road Transport Act 1986.

(20) In this section—

“fixed charge”, “fixed charge notice” and “fixed charge offence” have the meanings given to them, respectively, in section 47;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Minister;

“transport officer” means a person appointed under section 15(1) (inserted by section 117 of the Dublin Transport Authority Act 2008) of the Road Transport Act 1986 to be a transport officer.

51. Prosecution in absentia.

51.— (1) Where, at any stage of proceedings to which this section applies, a person fails, without reasonable excuse, to appear before the court before which the proceedings are for the time being taking place, the court may do any thing or make any order that it would be entitled to do or make had the person so appeared.

(2) Where, by virtue of a person’s failure to appear in proceedings to which this section applies, the person does not enter a plea (whether before the District Court or the trial judge), the trial of the person may proceed as though he or she had entered a plea of not guilty.

(3) This section applies to proceedings for an offence to which section 50 applies brought against a person upon whom—

(a) a payment deposit notice under that section has been served, and

(b) a document in respect of those proceedings has been served—

(i) in accordance with subsection (1) of section 81 of the Act of 2008,

(ii) otherwise than by post, pursuant to a request referred to in subsection (2) of that section, or

(iii) in accordance with an arrangement to which subsection (4) of that section applies.

(4) In this section—

“Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008;

“document” means a document—

(a) to which subsection (1) of section 80 of the Act of 2008 applies, and

(b) that requires a person to appear as a defendant in proceedings for an offence.

52. Regulations (Part 4).

52.— (1) The Minister may make regulations to do anything that appears necessary or expedient for bringing this Part into operation.

(2) Where a provision of this Part requires or authorises the Minister to make regulations, such regulations—

(a) may make different provision for different circumstances or cases, classes or types, and

(b) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) The Minister may make regulations prescribing any matter or thing which is referred to in this Part as prescribed or to be prescribed.

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

PART 5 Penalty Points

53. Penalty points — endorsement of points.

53.—F125[…]

54. Amendment of First Schedule to Act of 2002 — penalty points.

54.— The First Schedule to the Act of 2002 is amended—

(a) in Part 1, by substituting for the matter at reference number 9 the following:

“

”,

(b) in Part 2 (as amended by section 16 of the Act of 2006)—

(i) by substituting reference numbers 4 to 8 for “reference numbers 1 to 8” in paragraph (2), and

(ii) by deleting the matter at reference numbers 1, 2 and 3,

and

(c) F126[…]

(d) by inserting after Part 8 (inserted by section 16(e) of the Act of 2006) the following:

“PART 9

Contravention of Certain Provisions of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003)

In this Part—

(a) ‘offence’ means an offence under section 11 of the Principal Act,

(b) a reference to a Regulation is a reference to a Regulation of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (S.I. No. 5 of 2003).

”.

55. Probation of Offenders Act 1907 not to apply to penalty point offences.

55.— Section 1(1) of the Probation of Offenders Act 1907 does not apply to a penalty point offence (within the meaning of section 1(1) of the Act of 2002).

PART 6 Driving Licence

56. Definitions — driving licence.

56.— Section 3(1) of the Principal Act is amended by—

(a) substituting for the definition of “driving licence” the following:

“ ‘driving licence’ means—

(a) an Irish driving licence, or

(b) a foreign driving licence;”,

(b) inserting after the definition of “footway” the following:

“ ‘foreign driving licence’ means a licence or permit to drive a mechanically propelled vehicle—

(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle, or

(b) recognised by an order made under section 23A(1);”,

and

(c) inserting after the definition of “the insured” the following:

“ ‘Irish driving licence’ means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23;”.

57. Matters relating to issue of Irish driving licences and learner permits.

57.— (1) The following sections are substituted for sections 21 to 23 of the Principal Act—

“Licensing Authority.

21.— In this Part ‘licensing authority’ means a county council or city council (within the meaning of the Local Government Act 2001).

Application for Irish driving licence.

22.— (1) Subject to this Part, a person may apply to a licensing authority for a licence (‘Irish driving licence’) to drive a mechanically propelled vehicle of a specified category.

(2) An application for an Irish driving licence—

(a) shall be made—

(i) to the licensing authority in whose functional area the applicant ordinarily resides, and

(ii) in accordance with the regulations made under section 42(2)(c),

(b) shall be accompanied by—

(i) any certificate of competency or fitness required under regulations under this Act, and

(ii) the fee payable on the taking out of such a licence,

and

(c) shall contain—

(i) a recent photograph of the applicant, and

(ii) the applicant’s personal public service number allocated and issued to him or her under section 262(2) of the Social Welfare Consolidation Act 2005.

(3) Details of an applicant’s personal public service number referred to in subsection (2)(c) may be entered in licence records.

(4) (a) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority concerned, as may be appropriate, with—

(i) such information from the records, and

(ii) such copies of licence records or of such extracts from such records,

as the person may reasonably require.

(b) This subsection applies to—

(i) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(ii) such other categories of person and the purpose for such access as may be prescribed.

(5) In this section ‘licence records’ means records maintained under section 60 (as amended by section 86 of the Finance Act 1994) of the Finance Act 1993.

Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

22A.— (1) Where a person is disqualified by this Act for holding any driving licence or learner permit—

(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or

(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,

for that period or any period the whole or part of which is within that period.

(2) Where a person is disqualified for applying for any Irish driving licence or learner permit—

(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,

(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,

and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.

Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

22B.— Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.

Grant of Irish driving licence.

23.— (1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them—

(a) that the applicant is disqualified for applying for the licence, or

(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on—

(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and

(b) in any other case — the day on which the licence is granted.”.

(2) Sections 24 and 25 of the Principal Act are repealed.

(3) Section 34(2)(b) of the Principal Act is amended by substituting “Irish driving licence” for “driving licence”.

58. Prohibition on applying for Irish driving licence or learner permit where disqualified.

58.— The following section is substituted for section 39 of the Principal Act:

“39.— (1) A person shall not apply for an Irish driving licence or a learner permit if he or she is disqualified for applying therefor.

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

59. Production of driving licence on demand of member of Garda Síochána.

59.— (1) The following section is substituted for section 40 (inserted by section 25 of the Act of 1994 as amended by section 18 of the Act of 2002 and section 13 of the Act of 2006) of the Principal Act:

“40.— (1) A member of the Garda Síochána may demand of a person—

(a) driving in a public place a mechanically propelled vehicle, or

(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,

the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.

(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4)(a), as the case may be.

(4) (a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence, he or she commits an offence.

(b) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under paragraph (a), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

(c) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.

(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, he or she commits an offence.

(6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.

(7) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

(b) a person who, when his or her name and address or date of birth is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.

(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.”.

(2) The following are repealed:

(a) section 25 of the Act of 1994,

(b) section 18 of the Act of 2002, and

(c) section 13 of the Act of 2006.

60. Member of Garda Síochána may seize licence in certain circumstances.

60.— (1) A member of the Garda Síochána may seize a driving licence or learner permit or a document which purports to be a driving licence or learner permit produced to him or her under section 40 of the Principal Act or section 61 of this Act, where the member has reasonable grounds for believing that—

(a) the holder of the licence or permit has been disqualified for holding a driving licence, or

(b) the driving licence or permit has been fraudulently obtained, is forged or altered or purports to be, but is not, a driving licence or permit.

F127[(1A) Notwithstandingsubsection (1)a member of the Garda Síochána may, in the case of a licence referred to inparagraph (d)of the definition of driving licence insubsection (6A), seize, under this section, only the document referred to insubparagraph (i)of that paragraph.]

(2) A member of the Garda Síochána who has seized a licence or permit under subsection (1) may make a copy of it and—

(a) in the case of an Irish driving licence or learner permit, return it to the licensing authority F128[…],

(b) in the case of a foreign licence F127[referred to inparagraph (b)or(c)of the definition of driving licence insubsection (6A)], give or send it—

(i) where the holder of the licence is resident in the State, to the licensing authority F128[…], or

(ii) in any other case, to the issuing authority where the licence is seized or, if the member considers it appropriate, to F129[the] licensing authority at the request of the holder,

F127[(ba) in the case of a foreign licence referred to inparagraph (d)of the definition of driving licence insubsection (6A), give or send only the document referred to insubparagraph (i)of that paragraph, to the licensing authority.]

(c) where the licence or permit is as referred to in subsection (1)(b), upon the conclusion of any proceedings have it destroyed.

(3) Where a driving licence or learner permit has been seized from a person under subsection (1), the person, as the case may be, shall not continue to drive a mechanically propelled vehicle or accompany the holder of a learner permit while such holder is driving a mechanically propelled vehicle, in a public place.

(4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both.

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

(6) A member of the Garda Síochána to whom is produced or who seizes under this section a foreign driving licence which is in a language other than English or Irish may detain the licence for such reasonable period required—

(a) to have its contents translated into English or Irish, and

(b) if the member requires it, to have its validity confirmed.

F127[(6A) In this section—

"driving licence", notwithstanding the definition of driving licence in section 3 of the Principal Act, means—

(a) an Irish driving licence,

(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle,

(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1) of the Principal Act, or

(d) both—

(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1) of the Principal Act, and

(ii) the permission to reside given to a relevant person who holds a licence or permit referred to insubparagraph (i);

"licensing authority" has the meaning given to it by section 21 of the Principal Act;

"permission to reside" means a permission undersection 60(6)of theInternational Protection Act 2015, which permission is valid;

"relevant person" means a person who has been given a permission to reside.]

(7) F130[Section 41(1)] (as amended by section 19 of the Act of 2006) of the Act of 1994 is amended by substituting for paragraph (a) the following:

“(a) the person driving the vehicle—

(i) refuses or fails to produce there and then a driving licence or learner permit then having effect and licensing him or her to drive the vehicle, when production of such a licence is demanded of him or her by a member of the Garda Síochána under section 40 of the Principal Act or section 61 of the Road Traffic Act 2010 and the member is of opinion that the person is by reason of his or her age ineligible to hold a driving licence or learner permit licensing him or her to drive the vehicle,

(ii) has had a driving licence or learner permit seized from him or her under section 60 of the Road Traffic Act 2010, or

(iii) is, in the opinion of a member of the Garda Síochána, disqualified for holding a driving licence or learner permit,”.

61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.

61.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that—

(a) a mechanically propelled vehicle has been used in a public place on a particular occasion,

(b) the use may have involved the commission of an offence under the F131[Road Traffic Act 1961 to 2023] (including a case in which the member has himself or herself observed the use), and

(c) the actual user of the vehicle was a particular person,

the member may at any time or times subsequent to the occasion in question require of the person the production of, to a member of the Garda Síochána for his or her inspection, a driving licence or, if the person falls within section 35(1) of the Principal Act, a learner permit, having effect and licensing the person to drive the vehicle used on the occasion in question, at a Garda Síochána station or another place specified by the member, within the period of 10 days of the date of making the requirement.

(2) A person who fails to comply with a requirement under subsection (1) commits an offence.

F132[(3) Where a person of whom the production of a driving licence or learner permit is required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read it, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.]

(4) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

F132[(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.]

(5) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under subsection (1), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence in accordance with that subsection shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

(6) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that it was so produced and such certificate shall be evidence of the facts stated in the certificate.

(7) A person who, when the production of a driving licence or learner permit is required of him or her under this section, does not produce the licence or permit because he or she is not the holder of such is deemed to fail to produce his or her driving licence or learner permit within the meaning of subsection (1).

(8) A requirement under this section shall not be made after the time in which proceedings may be brought in respect of the alleged offence.

F133[(8A) In this section—

"driving licence" has the meaning given to it bysection 60(6A);

"permission to reside" means a permission undersection 60(6)of theInternational Protection Act 2015, which permission is valid;

"relevant person" means a person who has been given a permission to reside.]

(9) Section 33 of the Act of 2004 is repealed.

62. Obligation to give current address to member of Garda Síochána.

62.— (1) Where a person, on the demand or at the requirement of a member of the Garda Síochána under section 40 of the Principal Act or a requirement of such a member under section 61 (1) of this Act, produces for inspection a driving licence or learner permit under that provision, the member making the demand or requirement of the person, where it is produced for inspection to him or her or, where it is produced for inspection at a Garda Síochána station, the member of the Garda Síochána at the Garda Síochána station to whom it is produced for inspection, as the case may be, may require of the person to state whether the address mentioned on the driving licence or learner permit is the address at which the person currently resides, and if it is not, to require the person to give to the member the address at which he or she currently resides.

(2) A person who fails to comply with a requirement under subsection (1) commits an offence.

63. Production of driving licence to court.

63.— Section 22 (inserted by section 21 of the Act of 2004) of the Act of 2002 is amended by substituting for subsection (1) the following:

“22.— (1) A person who it is alleged has committed an offence or has been charged with the commission of an offence under the Road Traffic Acts 1961 to 2010 other than—

(a) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or

(b) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge—

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced.”.

PART 7 Disqualification

64. Disqualification for holding driving licence.

64.— (1) Section 30 (inserted by section 20 of the Act of 1968) of the Principal Act is amended by substituting for subsection (1) the following:

“(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and—

(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,

(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) apply, those Regulations do not apply to that licence, or

(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.”.

(2) Section 3 of the Act of 2002 is amended by substituting for subsection (1) the following:

“(1) When penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed equals or exceeds 12, the person stands disqualified for a period of 6 months beginning on the appropriate date for holding a licence, and—

(a) an Irish licence held by him or her at the beginning of the period stands suspended correspondingly, or

(b) a foreign driving licence held by him or her at the beginning of the period has no effect in the State.”.

65. Consequential disqualification orders.

65.— (1) The following section is substituted for section 26 (inserted by section 26 of the Act of 1994 as amended by section 6 of the Act of 2006) of the Principal Act:

“26.— (1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order (‘consequential disqualification order’) declaring him or her to be disqualified for holding a driving licence.

(2) Subject to subsection (3), a consequential disqualification order operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he or she has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.

(3) A consequential disqualification order resulting from a conviction for an offence under—

(a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or

(b) section 106, where—

(i) the offence involved a contravention of paragraph (a) or (b) of subsection (1) of that section,

(ii) injury was caused to a person,

(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and

(iv) the convicted person was the driver of the vehicle concerned,

operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) had been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.

(4) (a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section,

(ii) section 5(1) of the Road Traffic Act 2010,

(iii) section 52 or 53, tried on indictment,

(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,

(v) section 12 or 14 of the Road Traffic Act 2010, or

(vi) section 138(3) of the Railway Safety Act 2005, tried on indictment,

be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.

(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be—

(i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and

(ii) in the case of—

(I) a second or subsequent offence under that section, or

(II) where the person has been previously convicted under that section, a first or subsequent conviction under the other section,

not less than the appropriate period specified in column (4) of that Table.

(c) In paragraph (b) ‘appropriate period’ means the period that is appropriate having regard to—

(i) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and

(ii) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.

TABLE

(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.

(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—

(i) decline to make a consequential disqualification order, or

(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.

(6) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.

(7) Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 (‘the former section’) whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010 and is subsequently convicted of one or more offences under any other of those sections (‘the latter section’) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.

(8) Where a person is convicted of an offence (‘the latter conviction’) under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010, and

(a) the conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction for an offence under the same section, and

(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction,

the court may, for the purposes of this section, deal with the later conviction as a first conviction.

(9) Subject to subsections (10) and (11), in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(10) A consequential disqualification order shall not be annulled on appeal unless—

(a) the conviction by reference to which it was imposed is reversed, or

(b) the provisions of subsection (5)(b) apply.

(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply.”.

(2) The Principal Act is amended by substituting for the Second Schedule the following:

“Section 26.

SECOND SCHEDULE

Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.

Using mechanically propelled vehicle without test certificate.

Driving mechanically propelled vehicle before remedying dangerous defect.

Driving mechanically propelled vehicle when unfit.

Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.

Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.

Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.

Careless driving.

Dangerous driving of mechanically propelled vehicle.

Driving of dangerously defective mechanicallypropelled vehicle.

Parking mechanically propelled vehicle in dangerous position.

Use of mechanically propelled vehicle not insured.

Failure to fulfil duties on occurrence of accident.

(b) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.

Taking mechanically propelled vehicle without authority.

Driving mechanically propelled vehicle without driving licence while disqualified, etc.

Using vehicle without certificate of roadworthiness.

(3) The following are repealed:

(a) sections 26 and 49(1)(l) of the Act of 1994,

(b) the Road Traffic Act 1995, and

(c) section 6 of the Act of 2006.

F134[(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—

(a) the reference tosection 4of theRoad Traffic Act 2010in—

(i) paragraph 4 of the Second Schedule to, and

(ii) section 26(4)(a)(i) and 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,

(b) the reference tosection 5of theRoad Traffic Act 2010in—

(i) paragraph 5 of the Second Schedule to, and

(ii) section 26(4)(b) of,

the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,

(c) the reference to section 5(1) of theRoad Traffic Act 2010in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,

(d) the reference tosection 12of theRoad Traffic Act 2010in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference tosection 13of theRoad Traffic Act 1994, and

(e) the reference tosection 14of theRoad Traffic Act 2010in—

(i) paragraph 6 of the Second Schedule to, and

(ii) section 26(4)(a)(v) of,

the Principal Act shall be deemed to include a reference tosection 15of theRoad Traffic Act 1994.]

66. Transitional provision — consequential disqualification orders.

66.— F135[…]

67. Amendment of section 29 of Principal Act — removal of disqualification and repeal.

67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:

“(4) Where a court considers it to be appropriate the court may—

(a) confirm the period specified in the order of disqualification, or

(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.

(2) Section 19 of the Act of 1968 is repealed.

68. Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.

68.— Section 9 of the Act of 2002 is amended:

(a) in subsection (9), by inserting “or after the date on which the Convention has become applicable between the State and another Member State, by declaration under Article 15.4 of the Convention, by a person normally resident in that other Member State,” after “(“State of residence”),

(b) in subsection (12)(a), by—

(i) in the definition of “the Convention” by substituting “Luxembourg” for “Brussels”, and

(ii) inserting after the definition of “specified offence” the following:

“ ‘state of residence’ means the state of residence of a person who has committed a specified offence and to whom this subsection applies.”,

and

(c) in the Second Schedule, in the title, by substituting“Luxembourg” for “Brussels”.

PART 8 Certain Driving Offences

69. Inconsiderate, careless and dangerous driving, etc.

69.— F136[…]

70. Repeals — Part 8.

70.— F137[…]

PART 9 Miscellaneous

71. Definitions — Principal Act.

71.— Section 3(1) of the Principal Act is amended by—

(a) substituting for the definition of “the Minister” the following:

“ ‘Minister’ means Minister for Transport;”,

and

(b) for the definition of “road authority” the following:

“ ‘road authority’ means—

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(c) a borough council, referred to in Chapter 1 of Part 1 of Schedule 6, or

(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,

to the Local Government Act 2001;”,

and

(c) by inserting after the definition of “use” the following:

“ ‘vehicle’ means a mechanically propelled vehicle, an animal-drawn vehicle or pedal cycle;”.

72. Driving or being in charge of a substantially disabled mechanically propelled vehicle.

72.— Section 3 of the Principal Act is amended by substituting for subsection (2) the following:

“(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded—

(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and

(b) for all other purposes of this Act as not being a mechanically propelled vehicle.”.

73. Production of certificate of insurance or guarantee.

73.— Section 69 of the Principal Act is amended by substituting for subsections (3) to (5) the following:

“(3) Where a person produces under this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.