PART V

Driving Offences

27. —In this Part—

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

“Bureau” has the meaning assigned to it in section 37 (1);

“designated” means designated by the member of the Garda Síochána then in charge of the Garda station;

“Director” has the meaning assigned to it in section 39 (1);

“establishment order” has the meaning assigned to it in section 37 (1);

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

28. —(1) Whenever a member of the Garda Síochána is of opinion that a person in charge of a mechanically propelled vehicle in a public place has consumed intoxicating liquor, he may require him to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath.

(2) A person who refuses or fails to comply forthwith with a requisition under this section shall be guilty of an offence.

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

(a) a person who has been driving or attempting to drive a mechanically propelled vehicle in a public place and who, in the opinion of the member, is committing or has committed an offence under this section, or

(b) a person who is or has been in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle but not driving or attempting to drive it and who, in the opinion of the member, is committing or has committed an offence under this section.

29. —Section 49 of the Principal Act is hereby amended by the insertion after “the vehicle” in subsection (1) of “or while thereis present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 125 milligrammes of alcohol per 100 millilitres of blood”.

30. —(1) Where a person (in this section referred to as the arrested person) arrested under section 49 (4) of the Principal Act or section 28 (3) (a) of this Act has been brought to a Garda station the member of the Garda Síochána then in charge there may do either or both of the following—

(a) require the arrested person to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for showing the concentration of alcohol in the breath or blood or into a receptacle designed for preserving the specimen for subsequent analysis,

(b) require the arrested person either to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood or, if the arrested person so opts, to provide for the designated registered medical practitioner a specimen of the arrested person's urine in accordance with the prescribed procedure.

(2) Notwithstanding subsection (1), when an arrested person who opted to provide in accordance with the prescribed procedure a specimen of urine fails to do so, he may be required by the member of the Garda Síochána in charge of the station to permit the designated registered medical practitioner to take from the arrested person a specimen of his blood.

(3) An arrested person (other than a person who has provided a specimen of his urine in accordance with the prescribed procedure) who, following a requisition under this section, refuses or fails to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood shall be guilty of an offence and shall be liable on summary conviction to imprisonment for any term not exceeding six months or, at the discretion of the court, to a fine not exceeding one hundred pounds or to both such imprisonment and such fine.

(4) An arrested person who refuses or fails to comply with a requisition under subsection (1) (a) shall be guilty of an offence.

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

31. —It shall not be a good defence for a person charged under section 49 of the Principal Act with driving or attempting to drive a mechanically propelled vehicle in a public place while he was under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle to show that—

(a) an analysis or determination under this Part has not been carried out, and

(b) he has not been required under section 30 (1) (a) or 33 (1) (a) to provide a specimen of his breath.

32. —Section 50 of the Principal Act is hereby amended—

(a) by the insertion after “is unfit to drive the vehicle” in subsection (2) of “or in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his blood will exceed a concentration of 125 milligrammes of alcohol per 100 millilitres of blood”,

(b) by the substitution of the following subsection for subsection (4):

“(4) In a prosecution for an offence under this section, it shall be presumed that the defendant intended to drive or attempt to drive the vehicle until he shows the contrary.”, and

(c) by the insertion after “the repealed Act” in subsection (7) of “or under section 30 (3) or 33 (3) of the Road Traffic Act, 1968”.

33. —(1) Where a person (in this section referred to as the arrested person) arrested under section 50 (6) of the Principal Act or section 28 (3) (b) of this Act has been brought to a Garda station, the member of the Garda Síochána then in charge there may do either or both of the following—

(a) require the arrested person to provide in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for showing the concentration of alcohol in the breath or blood or into a receptacle designed for preserving the specimen for subsequent analysis,

(b) require the arrested person either to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood or, if the arrested person so opts, to provide for the designated registered medical practitioner a specimen of the arrested person's urine in accordance with the prescribed procedure.

(2) Notwithstanding subsection (1), when an arrested person who opted to provide in accordance with the prescribed procedure a specimen of urine fails to do so, he may be required by the member of the Garda Síochána in charge of the station to permit the designated registered medical practitioner to take from the arrested person a specimen of his blood.

(3) An arrested person (other than a person who has provided a specimen of his urine in accordance with the prescribed procedure) who, following a requisition under this section, refuses or fails to permit a designated registered medical practitioner to take from the arrested person a specimen of his blood shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(4) An arrested person who refuses or fails to comply with a requisition under subsection (1) (a) shall be guilty of an offence.

(5) A person convicted of an offence under this section who has been previously convicted of an offence under section 30 of the Road Traffic Act, 1933 , section 49 or 50 of the Principal Act or section 30 (3) of this Act shall, for the purposes of determining his liability to punishment under this section, be treated as having been previously convicted of an offence under this section.

34. —It shall not be a good defence for a person charged under section 50 of the Principal Act with being unfit to drive a mechanically propelled vehicle when in charge thereof in a public place with intent to drive or attempt to drive the vehicle but not driving or attempting to drive the vehicle, to show that—

(a) an analysis or determination under this Part has not been carried out, and

(b) he has not been required under section 30 (1) (a) or 33 (1) (a) to provide a specimen of his breath.

35. —(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33.

(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is adduced by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant that but for that consumption the concentration of alcohol in the defendant's blood (as specified in a certificate under section 43 (3) or 45 (2)) would not have exceeded a concentration of 125 milligrammes of alcohol per 100 millilitres of blood.

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

(b) A person who contravenes this subsection shall be guilty of an offence.

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

36. —(1) In a prosecution for refusing or failing to permit a designated registered medical practitioner to take a specimen of blood, it shall be a good defence for the defendant—

(a) to show that, when brought to the Garda station and before a requisition under section 30 (1) (b) or section 33 (1) (b) was made on him, he was not given an opportunity by the member of the Garda Síochána then in charge there (having requested such an opportunity of such member) of providing in the prescribed manner a specimen of his breath by exhaling into an apparatus designed for the purpose of indicating the presence of alcohol in the breath, or

(b) to show that, when required to permit the taking of the specimen, he had not been cautioned in the prescribed terms of the possible effects of his refusal or failure, or

(c) to satisfy the court that there was a special and substantial reason for his refusal or failure.

(2) Notwithstanding subsection (1) (c), on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the fact that the defendant refused or failed to provide, or permit the taking of, a specimen of blood or urine may be given in evidence.

37. —(1) The Minister may by order (in this Part referred to as the establishment order) establish as on and from a specified date a body (in this Part referred to as the Bureau) to perform the functions assigned to it by or under this Act.

(2) The Bureau shall be called and known by such title as may be specified in the establishment order and shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land.

(3) The Bureau shall consist of not less than three but not more than five members.

(4) The members of the Bureau shall be appointed by the Minister.

(5) No remuneration or moneys in respect of expenses may be paid to a member of the Bureau save with the consent of the Minister for Finance.

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

(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall, subject to this Act, any regulations thereunder and the establishment order, arrange for the purposes of this Part for—

(a) the receipt and analysis of specimens of blood and urine forwarded thereto under this Part,

(b) the determination, in respect of such specimens, of the concentration of alcohol in the blood,

(c) the issue of certificates under sections 43 (3) and 45 (2), and

(d) the provision of equipment for the taking or provision of specimens of blood and urine.

(3) The Bureau may, from time to time, with the consent of the Minister, arrange for research into—

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

(b) the medical aspects of road safety,

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

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

(4) The Bureau may, with the consent of the Minister—

(a) arrange for the supply and testing of equipment or apparatus for the obtaining or testing of specimens of breath provided under this Part,

(b) render such assistance, whether financial or otherwise, as it thinks proper to persons carrying out or intending to carry out research of a kind which the Bureau is by this Act authorised to carry out.

39. —(1) The establishment order shall provide for the appointment by the Minister of a Director of the Bureau, in this Part referred to as the Director.

(2) The Director shall, subject to this Act, any regulations thereunder and the establishment order, manage the day-to-day business of the Bureau and exercise general supervision over the receipt and analysis of specimens received by the Bureau under this Part and the issue of certificates for which the Bureau is required to arrange under this Part.

(3) The Director shall be paid, out of funds at the disposal of the Bureau—

(a) such remuneration as may from time to time be fixed by the Minister with the consent of the Minister for Finance, and

(b) such amounts in respect of expenses as the Minister, with the consent of the Minister for Finance, from time to time approves.

(4) The Director may be a member of the Bureau.

(5) The Director may, with the consent of the Bureau and as provided by the establishment order, from time to time appoint one or more than one person to act as his deputy and may from time to time delegate to any such person any of the duties or functions of the Director.

(6) Where a delegation to a person is made under this section—

(a) the person shall perform the delegated functions under the general direction and control of the Director,

(b) the person shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and

(c) a provision made by or under this Act which vests functions in the Director or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect for the purposes of the performance of that function by the person, with the substitution of the person for the Director.

(7) Notwithstanding subsection (6), where a delegation to a person is made under this section—

(a) the Director may, in any particular case of the performance of the function, inform the person that he has decided to perform the function himself, and the function shall thereupon be performable in such case by the Director and not by the person, and

(b) if the person is satisfied that, in any particular case of the performance of the function, performance would, on account of the importance of the decision involved or on account of any other reasonable consideration, be more appropriately effected by the Director, the person may refer such case to the Director, and the function shall thereupon be performable in such case by the Director and not by the person.

(8) The name of the Director and of any person appointed under subsection (5) shall be published in the manner specified in the establishment order.

40. —(1) The establishment order shall contain such provisions as the Minister considers appropriate for the purpose of enabling the Bureau to perform its functions effectively and to give effect to the provisions of this Part in so far as they relate to the Bureau.

(2) In particular, and without prejudice to the generality of subsection (1), the establishment order may contain provisions relating to all or any of the following matters:

(a) the terms and conditions of appointment and tenure of office of members of the Bureau and of the Director;

(b) the appointment of officers and the employment of servants by the Bureau and the remuneration and conditions of service of such officers and servants;

(c) meetings of the Bureau and procedure at such meetings;

(d) the regulation of the finances of the Bureau and the keeping and auditing of its accounts;

(e) the furnishing by the Bureau to the Minister from time to time of information regarding the performance of its functions;

(f) empowering the Bureau to provide itself with a seal and providing for the use and authentication of the seal;

(g) empowering the Bureau to make arrangements with another person or body for the use by the Bureau of premises and equipment belonging to that person or body and for the use of the services of officers and servants of that person or body.

(3) No provision relating to the matters mentioned in subsection (2) (b) may be contained in the establishment order save with the consent of the Minister for Finance.

(4) The Minister may from time to time by order amend the establishment order and amend or revoke an order under this subsection.

41. —(1) Subject to any general directions which may, from time to time, be given by the Minister for Finance, there shall be paid out of the Road Fund in every year to the Bureau an amount equal to the expenses which, in the opinion of the Minister, are reasonably and properly incurred in the performance of its functions, less any fees or other payments made to the Bureau under this Act or the establishment order.

(2) Subsection (4) of section 3 of the Roads Act, 1920, shall be construed and have effect as if the expenses required by this section to be met out of the Road Fund were included in the expenses mentioned in paragraph (e) of that subsection.

42. —No action or other legal proceeding shall lie (except in the case of wilful neglect or default) against the Director or any member, officer or servant of the Bureau by reason of, or arising out of, the carrying out of any analysis or determination under this Act.

43. —(1) Whenever a designated registered medical practitioner has, following a requisition under section 30 or section 33, taken a specimen of blood or obtained a specimen of urine from a person, he shall certify the prescribed particulars on a prescribed form which he shall then give to the member of the Garda Síochána then in charge of the station, and the specimen and a copy of the certificate shall be forwarded in accordance with the prescribed procedure to the Bureau.

(2) Upon receipt by the Bureau of a specimen forwarded thereto under subsection (1), a part of the specimen shall, in accordance with the prescribed procedure, be analysed and the concentration of alcohol therein be determined, and the remainder of the specimen shall be preserved in accordance with the prescribed procedure.

(3) Upon the making of a determination under subsection (2)—

(a) a certificate containing the result of the determination and such other matters as may be prescribed shall be issued to the member of the Garda Síochána in charge of the Garda station from which the specimen was forwarded, and

(b) a statement in the prescribed form containing the result of the determination and such other matters as may be prescribed shall be issued in the prescribed manner, to the person from whom the specimen was taken or by whom the specimen was provided.

44. —(1) A certificate expressed to be issued under section 43 (1) shall, without proof of the signature of the person purporting to sign the certificate or that that person was the proper person so to sign, be sufficient evidence in any legal proceedings of the matters certified in the certificate, until the contrary is shown.

(2) Where a certificate is expressed to have been issued under section 43 (3), the following provisions shall, without proof of the signature of the person purporting to sign the certificate or that that person was the proper person so to sign, apply:

(a) where the certificate states that it has been determined that a specimen of blood contained a specified concentration of alcohol or that a specimen of urine contained a concentration of alcohol equivalent to a specified concentration of alcohol in the blood, the certificate shall, in a prosecution for an offence under section 49 or 50 of the Principal Act, but subject to section 45 (4) of this Act, be conclusive evidence that, at the time the specimen was taken or provided, the concentration of alcohol in the blood of the person from whom the specimen was taken or by whom the specimen was provided was the specified concentration of alcohol;

(b) where the certificate states other facts obtained from records required to be kept under this Part, it shall be sufficient evidence in any legal proceedings of the correctness of those facts until the contrary is shown.

45. —(1) Where a portion of a specimen is analysed and a determination in respect thereof made under section 43 (2), the person to whom the specimen relates may, within the prescribed period and in the prescribed manner and subject to the payment to the Bureau of the prescribed fee, require the Bureau to have analysed, in accordance with the prescribed procedure, portion of the remainder of that specimen and to have determined, in accordance with the prescribed procedure, the concentration of alcohol therein and the Bureau shall, in accordance with this Act and any appropriate regulations thereunder, comply with the requisition.

(2) Upon the making of a determination under subsection (1)—

(a) a certificate containing the result of the determination and such other matters as may be prescribed shall be issued to the member of the Garda Síochána in charge of the Garda station from which the specimen was forwarded, and

(b) a statement in the prescribed form containing the result of the determination and such other matters as may be prescribed shall be issued in the prescribed manner to the person from whom the specimen was taken or by whom the specimen was provided.

(3) Where a person making a requisition under this section so requests in the prescribed manner and within the prescribed period, an analysis and determination under this section shall be made in his presence or in the presence of a person nominated by him.

(4) Where a certificate issued under subsection (2) specifies a concentration of alcohol lower than that specified in the certificate issued under section 43 (3) in relation to that specimen, the last-mentioned certificate shall, for the purposes of section 44 (2), be read as if the lower concentration of alcohol were substituted for the concentration of alcohol specified therein.

46. —(1) A person who complies with a requisition under section 30 (1) (b), 30 (2), 33 (1) (b) or 33 (2) shall—

(a) be given an opportunity of having an additional specimen of blood taken by a registered medical practitioner of his own choice or of giving an additional specimen of urine to that practitioner, or

(b) if the person so requests, be supplied by the designated registered medical practitioner with an additional specimen of blood taken from that person in accordance with the prescribed procedure immediately after the taking of the specimen in pursuance of the requisition or, where a specimen of urine has been provided, with portion of that specimen.

(2) In a prosecution for an offence under section 49 or 50 of the Principal Act or under section 30 (3) or 33 (3) of this Act, it shall be presumed until the defendant shows otherwise that the requirements of subsection (1) have been complied with.

(3) Where the defendant gives evidence to establish that the provisions of subsection (1) have not been complied with, unless he wishes to do so, he shall not be asked and shall not be required to give evidence about any other matter.

47. —(1) The Minister may make regulations for the purpose of giving effect to sections 27 to 46.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for or prescribe all or any of the following matters:

(a) the procedure to be followed when a specimen is being taken or provided under section 30 or section 33 and before the forwarding of a specimen of blood or urine to the Bureau, and the manner of taking or providing such a specimen;

(b) the forms of certificates and statements to be issued under sections 43 and 45 and the specifying of the persons by whom certificates and statements under sections 43 (3) and 45 (2) shall be issued;

(c) the procedure to be followed in the forwarding to the Bureau of specimens and certificates under section 43 and the procedure to be followed upon receipt by the Bureau of such specimens and certificates;

(d) the specifying of the persons by whom determinations under sections 43 (2) and 45 (1) shall be made;

(e) the preservation of records and other documents and of specimens received by the Bureau;

(f) the inclusion, in every certificate and statement issued under section 43 (3) or 45 (2) and relating to a specimen of urine, of a statement that the concentration of alcohol in the urine as determined under this Act is equivalent to a specified concentration of alcohol in the blood;

(g) the method by which the equivalence referred to in paragraph (f) shall be calculated;

(h) the procedure to be followed in the furnishing of equipment or apparatus to the Garda Síochána for the taking or providing of specimens of blood or urine under this Part and the procedure to be followed and the methods to be used by the Bureau in the analysis of specimens so taken or provided, including the determination by the Bureau of those methods;

(i) the caution to be given before a requisition is made under section 30 or 33;

(j) the procedure and methods to be used in determinations under section 43 (2) and section 45 (1).

48. —Section 51 of the Principal Act is hereby amended by the substitution for subsection (2) of the following subsection:

“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—

(a) if the offence relates to an animal-drawn vehicle, he shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and

(b) if the offence relates to a pedal cycle, he shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”

49. —The Principal Act is hereby amended by the insertion of the following section after section 51:

“Driving without reasonable consideration.

51A. (1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.”

50. —The Principal Act is hereby amended by the substitution of the following section for section 52:

“Careless driving.

52. (1) A person shall not drive a vehicle in a public place without due care and attention.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”

51. —Section 53 of the Principal Act is hereby amended by—

(a) the deletion from subsection (1) of “at a speed or”, the insertion after “manner” in that subsection of “(including speed)”, and the insertion after “including” in that subsection of “the condition of the vehicle,”,

(b) the insertion before “built-up” in subsection (3) of “general,”, and

(c) the deletion from subsection (6) of “and that the contravention has caused death or serious bodily harm to another person” and “first-mentioned”.

52. —Section 55 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) A person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place.”, and

(b) the insertion after subsection (3) of the following subsection:

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