Road Traffic Act, 1995

JurisdictionIreland


Number 7 of 1995


ROAD TRAFFIC ACT, 1995


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Consequential disqualification orders.

3.

Transitional.

4.

Short title, collective citation and construction.


Number 7 of 1995


ROAD TRAFFIC ACT, 1995


AN ACT TO AMEND CERTAIN PROVISIONS OF THE ROAD TRAFFIC ACT, 1961 , RELATING TO CONSEQUENTIAL DISQUALIFICATION ORDERS. [25thMay, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1961” means the Road Traffic Act, 1961 ;

“the Act of 1994” means the Road Traffic Act, 1994 ;

“section 26” means section 26 (inserted by the Act of 1994) of the Act of 1961.

Consequential disqualification orders.

2.—Section 26 is hereby amended by the substitution for subsections (3) and (4) of the following subsections:

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

(a) section 53 of this Act tried on indictment, or

(b) section 106 of this Act, 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,

shall operate 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) has 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 49 of this Act consisting of a contravention of subsection (1) of that section,

(ii) subsection (1) of section 50 of this Act,

(iii) section 53 of this Act tried on indictment,

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

(v) section 13 , 14 or 15 of the Road Traffic Act, 1994 ,

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.

(b) (i) 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 49 of this Act consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 50 of this Act, be—

(I) in the case of a first offence under the said section 49 or 50, as the case may be, not less than the appropriate period specified in column (3) of the Table to this subsection, and

(II) in the case of a second or subsequent offence under the same section, not less than the appropriate period specified in column (4) of that Table.

(ii) In subparagraph (i) of this paragraph, ‘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

Reference Number

Concentration of alcohol

First offence under the section concerned

Second or any subsequent offence under the same section

(1)

(2)

(3)

(4)

1.

(a) Not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;

(b) Not exceeding 135 milligrammes of alcohol per 100 millilitres of urine ;

3 months

6 months

(c) Not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.

2.

(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine ;

1 year

2 years

(c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.

3.

(a) Exceeding 150...

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