Road Traffic (Amendment) Act, 1978

• Jurisdiction: Ireland
• Citation: IR No. 19/1978

Number 19 of 1978
ROAD TRAFFIC (AMENDMENT) ACT, 1978
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Collective citation and construction. 4. Commencement.
PART II
Repeals and Amendments
5. Repeals. 6. Definitions for Part V of Act of 1968. 7. Functions and duties of Bureau. 8. Functions of Director.
PART III
Driving Offences
9. Interpretation of Part III. 10. Prohibition on driving vehicle while under influence of intoxicant. 11. Prohibition on being in charge of vehicle while under influence of intoxicant. 12. Obligation to provide preliminary breath specimen. 13. Obligation to provide specimen at Garda station (section 49). 14. Obligation to provide specimen at Garda station (section 50). 15. Obligation to provide breath specimen. 16. Procedure following provision of specimen under section 15. 17. Obligation to provide urine specimen at Garda station. 18. Provisions regarding certain evidence in prosecutions under section 49 or 50 of Principal Act. 19. Defence to refusal to permit taking of blood specimen. 20. Bar to certain defence to charges under section 49 or 50 of Principal Act. 21. Procedure at Garda station regarding specimens. 22. Procedure at Bureau regarding specimens. 23. Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1978. 24. Amendment of Second Schedule to Principal Act. 25. Consequential disqualification orders. 26. Regulations for Part III.
Number 19 of 1978
ROAD TRAFFIC (AMENDMENT) ACT, 1978
AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 to 1973. [5th July, 1978]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Road Traffic (Amendment) Act, 1978.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1968” means the Road Traffic Act, 1968 ;
	“the Principal Act” means the Road Traffic Act, 1961 .
	(2) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.
	(3) In this Act, a reference to a subsection is to the subsection of the section in which the reference occurs, unless it is indicated that reference to some other section is intended.
	Collective citation and construction.	3.—The Principal Act, the Act of 1968 and this Act may be cited together as the Road Traffic Acts, 1961 to 1978, and shall be construed together as one Act.
	Commencement.	4.—This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.
PART II Repeals and Amendments
	Repeals.	5.—(1) Part V of the Act of 1968, other than section 27 (which contains definitions for that Part) sections 37 to 42 (which provide for the establishment of the Bureau and the appointment of the Director of the Bureau) and sections 48 to 52 (which relate to miscellaneous driving offences), is repealed.
	(2) The Road Traffic (Amendment) Act, 1973 , is repealed.
	Definitions for Part V of Act of 1968.	6.—The following is substituted for section 27 of the Act of 1968:
	“27. In this Part—
	‘Bureau’ has the meaning assigned to it by section 37 (1);
	‘Director’ has the meaning assigned to it by section 39 (1);
	‘establishment order’ has the meaning assigned to it by section 37 (1).”.
	Functions and duties of Bureau.	7.—(1) The following is substituted for sections 38 (1) and 38 (2) of the Act of 1968:
	“(1) The Bureau shall perform the functions assigned to it by or under this Act or by or under the Road Traffic (Amendment) Act, 1978.
	(2) In particular, and without prejudice to the generality of subsection (1), the Bureau shall, subject to the establishment order and to any regulations under this Part or under Part III of the Road Traffic (Amendment) Act, 1978, arrange for—
	(a) the receipt and analysis of specimens of blood and urine forwarded to the Bureau under Part III of the Road Traffic (Amendment) Act, 1978, and the issue of reports on such analyses,
	(b) the determination, in respect of such specimens, of the concentration of alcohol in the blood or urine and of the presence of drugs in the urine,
	(c) the issue of certificates required under Part III of the Road Traffic (Amendment) Act, 1978, to be issued by the Bureau,
	(d) the provision of equipment for the taking of such specimens,
	(e) the approval of apparatus for indicating the concentration of alcohol in breath or blood.”.
	(2) Section 38 (4) (a) of the Act of 1968 is amended by the substitution of “Part III of the Road Traffic (Amendment) Act, 1978” for “this Part”.
	Functions of Director.	8.—The following is substituted for section 39 (2) of the Act of 1968:
	“(2) The Director shall, subject to this Part, the establishment order and any regulations under Part III of the Road Traffic (Amendment) Act, 1978, manage the day-to-day business of the Bureau and exercise general supervision in relation to specimens received by the Bureau under Part III of the Road Traffic (Amendment) Act, 1978, and in relation to certificates required under that Part of that Act to be issued by the Bureau.”.
PART III Driving Offences
	Interpretation of Part III.	9.—(1) In this Part—
	“analysis” includes any operation used in ascertaining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in ascertaining the existence or the concentration of a drug in a specimen of urine, and cognate words shall be construed accordingly;
	“Bureau” has the meaning assigned to it by section 37 (1) of the Act of 1968;
	“designated” means designated by a member of the Garda Síochána;
	“registered medical practitioner” means a person registered in the register established under the Medical Practitioners Act, 1927 .
	(2) Subject to section 14 (4) (b), a reference in this Part (other than sections 10 and 11) to section 49 or 50 of the Principal Act is to the section inserted by this Part.
	Prohibition on driving vehicle while under influence of intoxicant.	10.—The following section is inserted in the Principal Act in substitution for section 49 of that Act:
	“49.—(1) (a) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
	(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.
	(2) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his urine will exceed a concentration of 135 milligrammes of alcohol per 100 millilitres of blood.
	(3) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while there is present in his body a quantity of alcohol such that, within three hours after so driving or attempting to drive, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of urine.
	(4) (a) A person who contravenes subsection (1), (2) or (3) of this section shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or, at the discretion of the court, to a fine not exceeding £500, or to both.
	(b) A person charged with an offence under this section may be found guilty of an offence under section 50 of this Act.
	(5) Section 1 (1) of the Probation of Offenders Act, 1907 , shall not apply to an offence under this section.
	(6) 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.”.
	Prohibition on being in charge of vehicle while under influence of intoxicant.	11.—The following section is inserted in the Principal Act in substitution for section 50 of that Act:
	“50.—(1) (a) A person shall be guilty of an offence who, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle.
	(b) In this subsection ‘intoxicant’ includes alcohol and drugs and any combination of drugs or of drugs and alcohol.
	(2) A person shall be guilty of an offence who is in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the concentration of alcohol in his blood will exceed a concentration of 100 milligrammes of alcohol per 100 millilitres of blood.
	(3) A person shall be guilty of an offence who is in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it) and in whose body there is present a quantity of alcohol such that, within three hours after having been so in charge of the vehicle, the...