Road Traffic Act, 1961
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Duties on occurrence of accident. |
106.—(1) Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect: | |
(a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle; | ||
(b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section; | ||
(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána or, if no such member is present, to one person entitled under this section to demand such information; | ||
(d) if a member of the Garda Síochána is not present at the occurrence and either— | ||
(i) there is no person entitled under this section to demand the information, or | ||
(ii) the case is one in which, as respects the sole person entitled under this section to demand the appropriate information or each of the persons so entitled, it is reasonably clear that he could not be expected to make a demand because of injury, illness, age or other disability, | ||
the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall report the occurrence as soon as possible to a member of the Garda Síochána and, if necessary, shall go for that purpose to the nearest convenient Garda Síochána station and also shall give on demand the appropriate information to the member. | ||
(2) Where— | ||
(a) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and | ||
(b) the member is not aware of the place where the vehicle is being kept, | ||
the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement. | ||
(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction— | ||
(a) in a case in which injury is caused to person, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and | ||
(b) in any other case, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. | ||
(4) In this section “appropriate information” means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920 , or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act. | ||
(5) The persons entitled under this section to demand the appropriate information are— | ||
(a) in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise, | ||
(b) in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property, | ||
(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information. | ||
(6) (a) Where— | ||
(i) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and | ||
(ii) the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises, | ||
the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection. | ||
(b) On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant— | ||
(i) authorise any specified member or members of the Garda Síochána to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and | ||
(ii) authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search, | ||
and any such warrant shall operate in accordance with its terms. |