Road Traffic Act 2016

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 2016.

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

(3) The collective citation “The Road Traffic Acts 1961 to 2016” includes this Act and Part 5 of the Vehicle Clamping Act 2015.

2. Definitions

2. In this Act—

“Act of 2010” means Road Traffic Act 2010;

“Principal Act” means Road Traffic Act 1961.

PART 2 Register of Written-Off Vehicles

3. Definition - Part 2

3. In this Part “vehicle insurer” has the meaning assigned to it in section 58 of the Road Traffic Act 1961.

4. Vehicle insurer obligations

4. (1) A vehicle insurer, who as a result of an inspection of a mechanically propelled vehicle determines that such vehicle is defective to the extent that it is—

(a) when in motion, a danger to the public, and

(b) beyond repair,

shall notify the Minister in accordance with subsection (2) within F1[10 working days] of such inspection.

(2) When an insurer notifies the Minister under subsection (1) it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.

(3) A notification under this section shall be dated and shall include the following:

(a) the registration number (if any) of the vehicle;

(b) the make, model and body type of the vehicle;

(c) the VIN, or vehicle identification number, of the vehicle, that is to say, the fixed combination of characters assigned to the vehicle by a manufacturer or its authorised distributor for vehicle identification purposes which is marked on the chassis, frame or other similar structure of the vehicle;

(d) the date on which the vehicle was inspected by, or on behalf of, the vehicle insurer;

(e) if the defect in the vehicle was the result of an event involving the vehicle which occurred in a public place, the date of that event and, if any insurance claim arose in relation to the vehicle’s involvement, the insurance company’s claim number in respect of that claim.

(4) The Minister may make regulations prescribing the manner in which a notification under subsection (2) shall be made including, in particular, whether it is to be made electronically or in hard-copy.

5. Offence of failure to notify

5. (1) A vehicle insurer who fails to notify the Minister in accordance with section 4 or who notifies information to the Minister knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.

(2) Where an offence under this section is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of, or to have been attributable to the wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

6. Publication of information provided by vehicle insurers

6. (1) The Minister may maintain records of information notified to him or her under section 4 and may, after consultation with any other person or body that the Minister considers appropriate, for the purposes of increasing road safety, publish or share a part or all of such records.

(2) The Minister may make regulations prescribing the manner in which records shall be published or shared under this section and, in particular, prescribing fees to cover the administrative cost of such publication or sharing.

PART 3 Intoxicated Driving Offences - Driving Under the Influence of Drugs

7. Amendment of section 3(1) of Act of 2010 - definitions

7. Section 3(1) of the Act of 2010 is amended—

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

“ ‘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;”,

(b) in the definition of “doctor” by substituting “register of medical practitioners” for “General Register of Medical Practitioners”,

and

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

“ ‘medical exemption certificate’ has the meaning given to it by section 4(1B);”.

8. Amendment of sections 4 and 5 of Act of 2010 - offences involving certain drugs

8. The Act of 2010 is amended—

(a) in section 4, by inserting after subsection (1) the following:

“(1A) Subject to subsection (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 the Schedule such 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 blood Δ^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.”,

(b) in section 5, by inserting after subsection (1) the following:

“(1A) A person, other than a person referred to in subsection (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 the Schedule such 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 the Schedule where 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.”,

and

(c) by inserting the following Schedule to the Act:

“SCHEDULE

Sections 4(1A) and 5(1A)

Specified Drugs

”.

9. Amendment of section 7(a) of Act of 2010 - power of entry

9. Section 7(a) of the Act of 2010 is amended by substituting “section 9(2), 9(2A) or 10(4) ” for “section 9(2) or 10(4)”.

10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral fluid specimen

10. Section 9 (as inserted by section 7 of the Road Traffic (No. 2) Act 2011) of the Act of 2010 is amended—

(a) in subsection (1)(a) by substituting “an intoxicant” for “intoxicating liquor”,

(b) by substituting for subsection 2(b) the following:

“(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) by inserting after subsection (2) the following:

“(2A) A member of the Garda Síochána may require a person referred to in subsection (1) —

(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 under subsection (2A), the member may request the person of whom the requirement is made to produce for inspection any medical certificate of exemption referred to in section 4(1B) or 5(1B) which he or she holds.”,

and

(d) by inserting after subsection (5) the following:

“(5A) In a prosecution for an offence under section 4 or 5 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.”.

11. Mandatory intoxicant testing

11. The Act of 2010 is amended by substituting for section 10 the following:

“10. (1) In this section—

‘authorisation’ means an authorisation under subsection (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 of section 4 authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda Síochána may exercise the powers under subsection (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 under section 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 in paragraph (a), a specimen of his or her oral fluid, as specified in paragraph (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 of paragraphs (a), (b) and (c).

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

(6) A person who—

(a) refuses or fails to comply immediately with a requirement under subsection (4) (other than subsection (4)(d)(ii)) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), or

(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(d)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (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 in section 4(1B) or 5(1B) which he or she holds.

(9) In a prosecution for an offence under section 4 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.

(10) In a prosecution for an offence under section 4 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.

(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 the Road Traffic Acts 1961to2016 of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it.”.

12. Impairment testing

12. The Act of 2010 is amended by substituting the following for section 11:

“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), or 10(7) of this Act, or

(b) section 52(3), 53(5), 106(3A) or 112(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 under subsection (1) or (2) that a person’s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of a mechanically propelled vehicle.

(4) For the purposes of subsections (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,

(c) instructions to be given to a person performing such a test,

(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 who, without reasonable excuse, fails to comply with a requirement under subsection (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 under subsection (1).

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

13. Amendment of Act of 2010 - obligation to provide specimens in relation to certain offences involving drugs

13. The Act of 2010 is amended by inserting after section 13 the following:

“Obligation to provide oral fluid specimen following arrest under Part 2

13A. (1) Where a person is arrested under section 4(8), 5(10), 9(4), 10(7) or 11(5) 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.