Road Traffic Act, 2011

JurisdictionIreland
CitationIR No. 7/2011


Number 7 of 2011


ROAD TRAFFIC ACT 2011


ARRANGEMENT OF SECTIONS

Section

1. Definition.

2. Obligation to provide preliminary breath specimen.

3. Obligation to provide blood or urine specimen while in hospital.

4. Amendment of section 4 of Road Traffic Act 2006 —mandatory alcohol testing.

5. Short title, commencement and collective citation.


Acts Referred to

Probation of Offenders Act 1907

7 Edw. 7, c. 17

Road Traffic Act 1994

1994, No. 7

Road Traffic Act 2003

2003, No. 37

Road Traffic Act 2006

2006, No. 23


Number 7 of 2011


ROAD TRAFFIC ACT 2011


AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2010 AND TO PROVIDE FOR RELATED MATTERS.

[27th April, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definition.

1.— In this Act “Act of 1994” means Road Traffic Act 1994 .

Obligation to provide preliminary breath specimen.

2.— The Act of 1994 is amended by substituting for section 12 (inserted by section 2 of the Road Traffic Act 2003 ) the following:

“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 committing or has committed an offence under the Road Traffic Acts 1961 to 2011,

(c) is or has been, with the vehicle, involved in a collision, or

(d) is or has been, with the vehicle, involved in an event in which injury appears or is claimed to have been caused to a person of such nature as to require medical assistance for the person at the scene of the event or that the person be brought to a hospital for medical assistance.

(2) A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested, and subject to subsections (6) and (7), require a person to whom paragraph (a) or (d) of subsection (1) applies, and may require a person to whom paragraph (b) or (c) of that subsection 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 in the manner indicated by the member,

(b) to accompany him or her to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by the member, 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 (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide, by exhaling into the apparatus, a specimen of his or her breath in the manner indicated by the member.

(3) A person who refuses or fails to comply immediately with a requirement of a member of the Garda Síochána under this section commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(4) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

(6) A member of the Garda Síochána shall not make a requirement under subsection (2) of a person to whom paragraph (a) of subsection (1) applies if, in the opinion of the member, such requirement would be prejudicial to the health of the person.

(7) A member of the Garda Síochána shall not make a requirement under subsection (2) of a person to whom paragraph (d) of subsection (1) applies if, in the opinion of the member or on the advice of a doctor or other medical personnel attending the scene of the event, such requirement would be prejudicial to the health of...

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