Road Traffic Act 2010 (Impairment Testing) (Amendment) Regulations 2017.
| Jurisdiction | Ireland |
| Year | 2017 |
| Citation | IR SI 370/2017 |
|
Notice of the making of this Statutory Instrument was published in | |||||||||
|
“Iris Oifigiúil” of 11th August, 2017. | |||||||||
|
I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 11(4) (amended by section 12 of the Road Traffic Act 2016 (No. 21 of 2016)) of the Road Traffic Act 2010 (No. 25 of 2010), hereby make the following regulations: | |||||||||
|
1. (1) These Regulations may be cited as the Road Traffic Act 2010 (Impairment Testing) (Amendment) Regulations 2017. | |||||||||
|
(2) These Regulations come into operation on 8 August 2017. | |||||||||
|
2. The Road Traffic Act 2010 (Impairment Testing) Regulations 2014 ( S.I. No. 534 of 2014 ) are amended: | |||||||||
|
(a) by the substitution of the following for Regulation 2: | |||||||||
|
“In these Regulations, ‘subsections (1) and (2) of section 11’ means subsections (1) and (2) of section 11 (amended by section 12 of the Road Traffic Act 2016 (No. 21 of2016)) of the Road Traffic Act 2010 (No. 25 of2010).”; | |||||||||
|
(b) in Regulation 3, by the substitution of “subsections (1) and (2) of section 11” for “section 11 (1)”; | |||||||||
|
(c) in Regulation 4, by the substitution of “subsections (1) and (2) of section 11” for “section 11 (1)”; | |||||||||
|
(d) by the substitution of the following Schedule for Schedule 2 to those Regulations: | |||||||||
|
“SCHEDULE 2 | |||||||||
|
IMPAIRMENT TESTING | |||||||||
|
SECTION 11 ROAD TRAFFIC ACT 2010, as amended | |||||||||
|
1. INTRODUCTION AND GENERAL GUIDANCE | |||||||||
|
This form is for use by members of An Garda Síochána during the application of an Impairment Test on a subject who has been required to cooperate. Where a test is abandoned the reasons should be recorded. A record of any medical condition or disability claimed at any time during the tests, and a record or any response or gesture made to any question or at any other time, must be recorded. Only a ‘Pupillary Gauge’ as approved for use by the Commissioner will be used for the Pupillary Examination. The ‘Pupillary Gauge’ used must be retained for production at court if required. | |||||||||
|
2. RELEVANT DETAILS OF IMPAIRMENT TEST | |||||||||
|
Date.............. Time Started.............. Time Completed.............. | |||||||||
|
Location of Test— | |||||||||
|
i) Garda Station (please specify station).............. | |||||||||
|
ii) Other (please specify).............. | |||||||||
|
If the location is not a Garda Station, please complete items (a)-(f) following: | |||||||||
| |||||||||
|
Requiring Member:.............. Rank:.............. Registered No............... | |||||||||
|
(Member making requirement under Section 11(1) or (2) Road Traffic Act 2010 , as amended) | |||||||||
|
I.T Member:.............. Rank:.............. Registered No:.............. | |||||||||
|
(Member carrying out the Impairment Test under Regulations in accordance with Section 11(4) Road Traffic Act 2010 , as amended) | |||||||||
|
________ | |||||||||
|
*Delete as appropriate | |||||||||
|
3. GENERAL NOTES | |||||||||
|
| |||||||||
|
| |||||||||
|
| |||||||||
|
| |||||||||
|
| |||||||||
|
4. PUPILLARY EXAMINATION | |||||||||
|
“I am going to examine the size of your pupils, comparing them to this gauge, which I will hold up to the side of your face. All I require you to do is look straight ahead and keep your eyes open wide”. | |||||||||
|
“Do you understand?” YES/ NO* Comment.............. | |||||||||
|
“Are you wearing Contact Lenses?” YES/ NO* Comment.............. | |||||||||
| |||||||||
|
A pupil size: 1.0 — 2.5 (inclusive) normally indicates constriction. 7.0 — 9.0 (inclusive) normally indicates dilation. | |||||||||
|
Additional Comments.............. | |||||||||
|
5. MODIFIED ROMBERG BALANCE TEST | |||||||||
|
“Stand up straight with your heels and toes together and your arms down by your sides (demonstrate). Maintain that position while I give you the remaining instructions. Do not begin until I tell you. When I tell you, tilt your head back slightly, close your eyes (demonstrate but do not close your eyes). When you think 30 seconds has passed, bring your head forward, open your eyes and say ‘Stop’.” | |||||||||
|
“Do you understand?” YES/ NO* Comment.............. | |||||||||
|
“Do you have any disability or medical condition that prevents you from participating in this test?” | |||||||||
|
________ | |||||||||
|
*Delete as appropriate | |||||||||
|
Reply.............. | |||||||||
|
START: | |||||||||
|
ABLE TO BALANCE DURING INSTRUCTIONS: YES/ NO*.............. | |||||||||
IF NO: STEPS □ SWAYS □ RAISES... |
To continue reading
Request your trial