Road Traffic Act 1994 (Section 17) (Prescribed Form and Manner of Statements) Regulations, 2010

JurisdictionIreland
CitationIR SI 433/2010

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 section 17 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 (Section 17) (Prescribed Form and Manner of Statements) 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 to be automatically produced for the purposes of section 17(2) of the Act of 1994 by an apparatus referred to in section 13(1) of the Act of 1994.

4. For the purposes of completing the form referred to in Regulation 3 in the prescribed manner the member of the Garda Síochána supplying the statements referred to in section 17(2) of the Act of 1994 shall—

(a) before a person provides a specimen of his or her breath in accordance with section 13(1)(a) (inserted by the Road Traffic and Transport Act 2006 (No. 28 of 2006)) of the Act of 1994, input into the apparatus referred to in section 13(1) of the Act of 1994 the following information—

(i) the name and address of the person providing the specimens,

(ii) the provision it is alleged the person has contravened, namely, section 49(4) or 50(4) (inserted by sections 10 and 11, respectively, of the Act of 1994) of the Road Traffic Act 1961 , and

(iii) his or her name and number,

and

(b) following the automatic production of the statements referred to in section 17(2) of the Act of 1994, sign the statements.

5. The Road Traffic Act 1994 (Section 17) Regulations 1999 ( S.I. No. 326 of 1999 ) are revoked.

SCHEDULE Road Traffic Act, 1994, section 17 — statement

APPARATUS:

SERIAL NUMBER:

GARDA SÍOCHÁNA STATION:

TEST NUMBER:

DATE OF START OF TEST:

PERSON WHO PROVIDED SPECIMENS

NAME:

ADDRESS:

ANALYSIS

TEST g/100ml TIME

BLANK

SIMULATOR CHECK 1

BLANK

BREATH SPECIMEN 1

BLANK

BREATH SPECIMEN 2

BLANK

SIMULATOR CHECK 2

The specimen to be taken into account for...

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