Road Traffic Act, 2003

• Jurisdiction: Ireland
• Citation: IR No. 37/2003

Number 37 of 2003
ROAD TRAFFIC ACT 2003
ARRANGEMENT OF SECTIONS
Section 1. Definition. 2. Obligation to provide preliminary breath test. 3. Amendment of section 13(1) of Act of 1994 (provision of specimen following arrest). 4. Repeal. 5. Short title, collective citation and commencement.
Acts Referred to Road Traffic Act 1994 1994, No. 7 Road Traffic Act 2002 2002, No. 12 Road Traffic Acts 1961 to 2002
Number 37 of 2003
ROAD TRAFFIC ACT 2003
AN ACT TO AMEND PART III OF THE ROAD TRAFFIC ACT 1994 AND TO REPEAL SECTION 10 OF THE ROAD TRAFFIC ACT 2002. [27th November, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definition.	1.—In this Act “Act of 1994” means the Road Traffic Act 1994 .
	Obligation to provide preliminary breath test.	2.—The following section is substituted for section 12 of the Act of 1994:
	“12.—(1) This section applies to a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána—
	(a) has consumed intoxicating liquor,
	(b) is or has, with the vehicle, been involved in a collision, or
	(c) is committing or has committed an offence under the Road Traffic Acts 1961 to 2003.
	(2) A member of the Garda Síochána may require a person to whom this section applies—
	(a) to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath,
	(b) to accompany him or her to a place (including a vehicle) at or in the vicinity of the public place concerned and there require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath, 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 until such an apparatus becomes available to him or her (but the member shall not require the person to so remain for more than one hour) and the member may then require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath,
	and the member may indicate the manner in which the person is to comply with the requirement.
	(3) A person who refuses or fails to comply immediately with—
	(a) a requirement under this section, or
	(b) such a requirement in a manner indicated by a member of the Garda...