Road Traffic Act, 1961

Duty to give information on demand by member of Garda Síochána.

107.—(1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act, 1920 , or any other enactment, the member may arrest without warrant the person whom he has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.

(3) Where a person, when his name and address is demanded of him under this section, refuses or fails to give his name and address or gives a name or address which is false or misleading, such person shall be guilty of an offence.

(4) Where a member of the Garda Síochána has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle—

(a) the owner of the vehicle shall, if required by the member state whether he was or was not actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence,

(b) if the owner of the vehicle states that he was not actually using it at the material time, he shall give such information as he may be required by the member to give as to the identity of the person who was actually using it at that time and, if he fails to do so, shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who that person was,

(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence.

(5) A person who is guilty of an offence under this section shall be liable on summary conviction 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.