Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations, 2010

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th September, 2010.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by sections 18 and 19 of the Road Traffic Act 1994 (No. 7 of 1994) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010.

(2) These Regulations come into operation on 11 October 2010.

2. In these Regulations “Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994).

3. The form set out in Schedule 1 is prescribed as the form for the purposes of section 18 of the Act of 1994.

4. The form set out in—

(a) Part 1 of Schedule 2, in the case of a certificate determining the concentration of alcohol in a specimen, or

(b) Part 2 of Schedule 2, in the case of a certificate determining the presence of a drug or drugs in a specimen,

is the prescribed form of certificate for the purposes of section 19 of the Act of 1994.

5. The Road Traffic Act 1994 (Part III) Regulations 1994 ( S.I. No. 351 of 1994 ) (other than Regulation 5) and the Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 ( S.I. No. 173 of 2001 ) are revoked.

FIRST SCHEDULE

Form to be completed by a designated doctor under section 18 of the Road Traffic Act, 1994 .

1.

Name and address of the person from whom the specimen to which this form relates was taken, or who provided the specimen.

2.

Nature of specimen.(insert “blood” or “urine” as appropriate)

3.

Place at which specimen was taken or provided.(delete whichever is not appropriate)

(a) Garda Síochána Station(b) Hospital

4.

Date on which specimen was taken or provided.

5.

Time at which specimen was taken or provided.

6.

Garda Síochána station from which the specimen will be forwarded to the Bureau.(to be completed in the case of a specimen taken or provided in a hospital)

I, the under — signed designated doctor

(a) took from the person named at 1 above the specimen of blood or (delete whichever is not appropriate)

(b) obtained from the person named at 1 above the specimen of urine

to which this form relates.

I divided the specimen into two parts. I placed each part in a container, which I forthwith sealed.

I labelled each container with the name of the person and the date. I gave both containers to a member of the Garda Síochána.

Signature of designated doctor

SECOND SCHEDULE

Part 1

Certificate issued by the Medical Bureau of Road Safety under section 19 of the Road Traffic Act, 1994 , certifying a concentration of alcohol.

Deimhniú arna eisiúint ag an Lia-Bhiúró um Shábháilteacht ar Bhóithre faoi alt 19 den Acht um Thrácht ar Bhóithre, 1994, ina ndeimhnítear cion alcóil.

Particulars relating to specimen received for analysis, as shown on the form completed by designated doctor:—

Sonraí a bhaineann le sampla arna fháil lena anailísiú, mar a thaispeántar ar an bhfoirm arna comhlánú ag an dochtúir ainmnithe:—

1.

Name and address of the person from whom the specimen was taken or who provided the specimen.Ainm agus seoladh an duine ónar tógadh an sampla nó a sholáthair an sampla.

2.

Nature of specimen. (insert “blood” or “urine” as appropriate)An cineál sampla. (cuir isteach “fuil” nó “fual” de réir mar is cuí)

3.

Place at which specimen was taken or provided.An áit inar tógadh nó inar soláthraíodh an sampla.

(a) Garda Síochána Station(b) Hospital

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