S.I. No. 336/1974 - Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1974.

S.I. No. 336 of 1974.

ROAD TRAFFIC ACT, 1968 (PART V) (AMENDMENT) REGULATIONS, 1974.

The Minister for Local Government in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and sections 43 and 47 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1974.

(2) These Regulations and the Road Traffic Act, 1968 (Part V) Regulations, 1969 and 1973, shall be construed as one and may be cited together as the Road Traffic Act, 1968 (Part V) Regulations, 1969 to 1974.

2. In these Regulations "The Principal Regulations" means the Road Traffic Act, 1968 (Part V) Regulations, 1969 ( S.I. No. 196 of 1969 ).

3. (1) The Principal Regulations are hereby amended by the substitution for the First Schedule thereto of the following:—

"FIRST SCHEDULE

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

LABORATORY REGISTER

1.	File Number
2.	Date of receipt of envelope containing specimen
3.	Was envelope properly closed and sealed with a paper seal on receipt?
4.	Was same identification mark on copy of certificate and on paper seal and on label on specimen tube?
5.	Identification mark on copy of certificate and on paper seal and on label of specimen tube
6.	Name and address of arrested person as shown on copy of certificate
7.	Type of specimen
8.	Initials of person who carried out prescribed procedure on receipt of specimen
9.	Date of analysis of specimen
10.	Concentration of alcohol in specimen as determined by the Director and, in the case of urine specimen, equivalent concentration of alcohol in the blood
11.	Date of forwarding Director's certificate to Garda Station
12.	Date of issue by registered post of prescribed statement to arrested person
13.	Date of receipt of requisition (and fee) for second analysis
14.	Did requisition include a request that second analysis be carried out in the presence of the applicant or of a person nominated by him?
15.	Date of notification to applicant of the place etc. at which the second analysis and determination is to be made
16.	Date of second analysis
17.	Concentration of alcohol in specimen as determined by authorised person, and in the case of a urine specimen equivalent concentration of alcohol in the blood
18.	Date of issue to Garda Station of certificate relating to second analysis
19.	Date of issue to applicant of result of second analysis (a) by hand to applicant at his request, (b) by registered post (delete whichever is not applicable)

(2) The Principal Regulations are hereby further amended by the substitution for the Second Schedule thereto of the following:—

"SECOND SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

CERTIFICATE OF DESIGNATED REGISTERED MEDICAL PRACTITIONER

			Identification Mark
			...................................
(To be completed in block letters)
I ............................................................ ............................................................ ......... hereby certify that—
( a ) the specimen of venous blood contained in the blood specimen tube bearing the identification mark indicated at the head of this certificate was taken by me from—
(Name given by arrested person to member of the Garda Síochána or medical practitioner) ............................................................ ..................... of
(Address)	............................................................ ............................................ ............................................................ ...........................................
at ................. a.m./p.m. on the ..................... day of ...................... 19.............
in ............................................................ ................ Garda Station;
( b ) the requirements of sub-article (2) and of paragraphs (a), (b), (c), (d) and (e) of sub-article (3) of article 8 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, as amended by article 3 of the Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1973, were complied with in relation to the specimen.
This certificate is issued under subsection (1) of section 43 of the Road Traffic Act, 1968 , as amended by section 6 of the Road Traffic (Amendment) Act, 1973 .
		............................................................ ................ (Signature of designated registered medical practitioner)
		....................................................... 19................ (Date)

SECOND SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

CERTIFICATE OF DESIGNATED REGISTERED MEDICAL PRACTITIONER

			Identification Mark
			.............................................
(To be completed in block letters)
I, ............................................................ ............................................................ ......... hereby certify that—
( a ) the specimen of urine contained in the urine specimen tube bearing the identification mark indicated at the head of this certificate was provided by—
(Name given by arrested person to member of the Garda Síochána or medical practitioner)............................................................ ............................................................ .of
(Address)	............................................................ ............................................................ ...
at ................. a.m./p.m. on the ................................... day of ........................... 19................
in ............................................................ .............................. Garda Station;
( b ) the requirements of sub-article (3) and of paragraphs (a), (b) and (c) of sub-article (4) of article 9 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, as amended by article 3 of the Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1973, were complied with in relation to the specimen.
This certificate is issued under subsection (1) of section 43 of the Road Traffic Act, 1968 , as amended by section 6 of the Road Traffic (Amendment) Act, 1973 .
		............................................................ ................ (Signature of designated registered medical practitioner)
		...................................................... 19................ (Date)

(3) The Principal Regulations are hereby further amended by the substitution for the Third Schedule thereto of the following:—

"THIRD SCHEDULE—PART I

ROAD TRAFFIC ACT 1968 (PART V) REGULATIONS, 1969 to 1974

DIRECTOR'S CERTIFICATE

I, ............................................................ ............................................................ .........hereby certify that—
( a ) (i) a blood specimen tube with a label bearing the identification mark ................................. affixed and two copies of the form of certificate to be completed by a designated registered medical practitioner bearing the same identification mark were supplied to the Garda Síochána in a closed envelope containing a paper seal bearing the same identification mark;
(ii) the identification mark referred to in sub-paragraph (i) was not printed or stamped on any other label or form of certificate supplied by the Bureau or on any other paper seal supplied by the Bureau;
(iii) the blood specimen tube referred to in sub-paragraph (i) did not contain alcohol and contained only preservative and anti-coagulant approved by the Bureau;
(iv) the blood specimen tube referred to in sub-paragraph (i) and the copy of the certificate completed by the designated registered medical practitioner were returned in a closed envelope to the Bureau and were received by the Bureau on the .......................... day of ...................... 19 ....;
(v) the envelope was properly closed at the time of receipt and was sealed with a paper seal bearing the same identification mark as the copy of the certificate referred to in sub-paragraph (iv);
(vi) the blood specimen tube contained a specimen of blood and the label affixed to the tube bore the same identification mark as the copy of the certificate referred to in sub-paragraph (iv);
(vii) the name and address of the arrested person and the time and place of taking the specimen as stated on the copy of the certificate referred to in sub-paragraph (iv) were—
Name ............................................................ .......................................................
Address............................................................ ...................................................
Time ............ a.m./p.m. on the ....................... day of ........................ 19.........
Place ............................................................ ......................... Garda Station;
( b ) the requirements of article 14 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, have been complied with in relation to the analysis of the specimen of blood referred to above;
( c ) on consideration of the analyst's record, I have determined that the specimen contained a concentration of alcohol of ........................... milligrammes per 100 millilitres of blood;
( d ) the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 , have been complied with.
This certificate is issued under paragraph (a) of subsection (3) of section 43 of the Road Traffic Act, 1968 .
	............................................................ ........................... Director, Medical Bureau of Road Safety.
	............................................................ .................. (Date)

File No. .................................

THIRD SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

DIRECTOR'S CERTIFICATE

I, ............................................................ ........................................................... hereby certify that—
( a ) (i) a urine specimen tube with a label bearing the identification mark ............................. affixed and two copies of the form of certificate to be completed by a designated registered medical practitioner bearing the same identification mark were supplied to the Garda Síochána in a closed envelope containing a paper seal bearing the same identification mark;
(ii) the identification mark referred to in sub-paragraph (i) was not printed or stamped on any other label or form of certificate supplied by the Bureau or any other paper seal supplied by the Bureau;
(iii) the urine specimen tube referred to in sub-paragraph (i) did not contain alcohol and contained only preservative approved by the Bureau;
(iv) the urine specimen tube referred to in sub-paragraph (i) and the copy of certificate completed by the designated registered medical practitioner were returned in a closed envelope to the Bureau and were received by the Bureau on the ......................... day of ............................ 19.................;
(v) the envelope was properly closed at the time of receipt and was sealed with a paper seal bearing the same identification mark as the copy of the certificate referred to in sub-paragraph (iv);
(vi) the urine specimen tube contained a specimen of urine and the label affixed to the tube bore the same identification mark as the copy of the certificate referred to in sub-paragraph (iv);
(vii) the name and address of the arrested person and the time and place at which the specimen was provided as stated on the copy of the certificate referred to in sub-paragraph (iv) were—
Name ............................................................ ........................................................
Address	............................................................ ..............................................
Time ............... a.m./p.m. on the ................... day of ....................... 19.........
Place ............................................................ ............................ Garda Station;
( b ) the requirements of article 14 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, have been complied with in relation to the analysis of the specimen of urine referred to above;
( c ) on consideration of the analyst's record, I have determined that the specimen of urine contained a concentration of alcohol of ........................ milligrammes per 100 millilitres of urine, which in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, is equivalent to a concentration of alcohol of ................. milligrammes per 100 millilitres of blood;
( d ) the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 , have been complied with.
This certificate is issued under paragraph (a) of subsection (3) of section 43 of the Road Traffic Act, 1968 .
		............................................................ ........... Director, Medical Bureau of Road Safety.
		............................................................ ........... (Date)

File No. .................................

(4) The Principal Regulations are hereby further amended by the substitution for the Fourth Schedule thereto of the following:—

"FOURTH SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON A SPECIMEN OF WHOSE BLOOD HAS BEEN ANALYSED

(1) This statement is issued in compliance with the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 , and of paragraph (d) of sub-article (2) of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

(2) A specimen of blood taken from you has been analysed under section 43 of the Road Traffic Act, 1968 . It has been determined that the specimen of blood contained the concentration of alcohol shown at the foot of this statement.

A certificate containing the result of the determination is being issued to the Garda Síochána.

(3) Under section 45 of the Road Traffic Act, 1968 , you may require the Bureau to have a portion of the remainder of the specimen of blood taken from you analysed and to have the concentration of alcohol in it determined. Under the Road Traffic Act, 1968 (Part V) Regulations, 1969, a requisition for a second analysis and determination may be made in writing to the Bureau within the period of 14 days commencing on the date on which this statement was posted to you. The requisition should quote the file number at the foot of this statement and must be accompanied by a fee of £5·00. If you so request at the same time in writing, the second analysis and determination will be made in your presence or in the presence of a person nominated by you. A certificate containing the result of the second determination will be issued to the Garda Síochána and a statement containing the result of that determination will be handed to you at your request if you are present at the analysis and determination, otherwise it will be forwarded to you by registered post. If the certificate issued to the Garda Síochána following the second determination specifies a concentration of alcohol lower than that specified in the certificate referred to in paragraph (2) of this statement, the latter certificate will be read as if the lower figure were substituted for the figure specified in it.

To:

Name ............................................................ ............................................................ .........................

Address ............................................................ ............................................................ ....................

............................................................ ............................................................ ..........................

Time and place

at which .............................. a.m./p.m. on the ................. day of ............ 19 ..................

specimen was

taken ............................................................ ......................................... Garda Station.

RESULT OF THE ANALYSIS OF THE SPECIMEN OF BLOOD TAKEN FROM YOU

It has been determined that the specimen contained a concentration of alcohol of..............milligrammes per 100 millilitres of blood.

............................................................ ............

Director,

Medical Bureau of Road Safety.

............................................................ ...........

(Date)

File No. ...............................

FOURTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON A SPECIMEN OF WHOSE URINE HAS BEEN ANALYSED

(1) This statement is issued in compliance with the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 and of paragraph (d) of sub-article (2) of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

(2) A specimen of urine provided by you has been analysed under section 43 of the Road Traffic Act, 1968 . It has been determined that the specimen of urine contained the concentration of alcohol shown at the foot of this statement.

A certificate containing the result of the determination is being issued to the Garda Síochána.

(3) Under section 45 of the Road Traffic Act, 1968 , you may require the Bureau to have a portion of the remainder of the specimen of urine provided by you analysed and to have the concentration of alcohol in it determined. Under the Road Traffic Act, 1968 (Part V) Regulations, 1969, a requisition for a second analysis and determination may be made in writing to the Bureau within the period of 14 days commencing on the date on which this statement was posted to you. The requisition should quote the file number at the foot of this statement and must be accompanied by a fee of £5.00. If you so request at the same time in writing, the second analysis and determination will be made in your presence or in the presence of a person nominated by you. A certificate containing the result of the second determination will be issued to the Garda Síochána and a statement containing the result of that determination will be handed to you at your request if you are present at the analysis and determination, otherwise it will be forwarded to you by registered post. If the certificate issued to the Garda Síochána following the second determination specifies a concentration of alcohol lower than that specified in the certificate referred to in paragraph (2) of this statement, the latter certificate will be read as if the lower figure were substituted for the figure specified in it.

To:

Name............................................................ ............................................................ ........

Address

............................................................ ...........................................

Time and place at which specimen was provided

.............. a.m./p.m. on the ..................... day of ....... 19............

............................................................ ................. Garda Station;

RESULT OF THE ANALYSIS OF THE SPECIMEN OF URINE PROVIDED BY YOU

It has been determined that the specimen of urine contained a concentration of alcohol of .......... milligrammes per 100 millilitres of URINE which, in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, is equivalent to a concentration of alcohol of ......... milligrammes per 100 millilitres of BLOOD.

............................................................ ...........

Director,

Medical Bureau of Road Safety.

............................................................ ........

(Date)

File No. .................................

(5) The Principal Regulations are hereby further amended by the substitution for the Fifth Schedule thereto of the following:—

"FIFTH SCHEDULES—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

CERTIFICATE TO BE ISSUED FOLLOWING A SECOND ANALYSIS AND DETERMINATION OF A SPECIMEN OF BLOOD

I hereby certify that—

(i) pursuant to a requisition made by the person whose name and address appears at the foot of this certificate, hereinafter referred to as the applicant, under subsection (1) of section 45 of the Road Traffic Act, 1968 , I was appointed by the Director of the Bureau to analyse portion of the remainder of the specimen of blood contained in a specimen tube to which was affixed a label bearing the identification mark ........................................

(ii) the analysis was carried out by me

*in the presence of the applicant

*in the presence of ............................................................ ................................. who was nominated by the applicant to be present;

(iii) on completion of the analysis I have determined that the specimen of blood contained a concentration of alcohol of ............................... milligrammes per 100 millilitres of blood;

(iv) the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 , have been complied with.

This certificate is issued under paragraph (a) of subsection (2) of section 45 of the Road Traffic Act, 1968 .

*Strike out if not applicable

............................................................ ......

Authorised person,

Medical Bureau of Road Safety.

.................................................... 19.......

(Date)

File No. .................................

NAME AND ADDRESS OF PERSON WHO MADE REQUISITION

Name ............................................................ .........................................................

Address

............................................................ ................................................

FIFTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

CERTIFICATE TO BE ISSUED FOLLOWING A SECOND ANALYSIS AND DETERMINATION OF A SPECIMEN OF URINE

I hereby certify that—

(i) pursuant to a requisition made by the person whose name and address appears at the foot of this certificate, hereinafter referred to as the applicant, under subsection (1) of section 45 of the Road Traffic Act, 1968 , I was appointed by the Director of the Bureau to analyse portion of the remainder of the specimen of urine contained in a specimen tube to which was affixed a label bearing the identification mark .............................................

(ii) the analysis was carried out by me

*in the presence of the applicant

*in the presence of ............................................................ ..............................

who was nominated by the applicant to be present;

(iii) on completion of the analysis I have determined that the specimen of urine contained a concentration of alcohol of .......................... milligrammes per 100 millilitres of urine which, in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, is equivalent to a concentration of alcohol of ...................... milligrammes per 100 millilitres of blood;

(iv) the requirements of paragraph ( b ) of subsection (2) of section 45 of the Road Traffic Act, 1968 have been complied with.

This certificate is issued under paragraph (a) of subsection (2) of section 45 of the Road Traffic Act, 1968 .

*Strike out if not applicable

............................................................ .......

Authorised person,

Medical Bureau of Road Safety.

....................................................... 19.......

(Date)

File No. ...............................

NAME AND ADDRESS OF PERSON WHO MADE REQUISITION

Name ............................................................ .........................................................

Address

............................................................ ..............................................

............................................................ ...............................................

(6) The Principal Regulations are hereby further amended by the substitution for the Sixth Schedule thereto of the following:—

"SIXTH SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON, A SPECIMEN OF WHOSE BLOOD HAS BEEN ANALYSED PURSUANT TO SUBSECTION (1) OF SECTION 45 of THE ROAD TRAFFIC ACT, 1968

Pursuant to a requisition made by you under subsection (1) of section 45 of the Road Traffic Act, 1968 , a portion of the remainder of a specimen of blood taken from you has been analysed and it has been determined that the specimen of blood contained a concentration of alcohol of .............................................. milligrammes per 100 millilitres of blood.
This statement is issued in compliance with the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 , and paragraph (b) of sub-article (5) of article 19 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.
	............................................................ ...... Authorised person, Medical Bureau of Road Safety.
	..................................................... 19....... (Date)

File No. ...............................

To:

Name ............................................................ .........................................................

Address

............................................................ ..............................................

SIXTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1974

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON, A SPECIMEN OF WHOSE URINE HAS BEEN ANALYSED PURSUANT TO SUBSECTION (1) OF SECTION 45 of THE ROAD TRAFFIC ACT, 1968

Pursuant to a requisition made by you under subsection (1) of section 45 of the Road Traffic Act, 1968 , a portion of the remainder of a specimen of urine provided by you has been analysed and it has been determined that the specimen of urine contained a concentration of alcohol of ................................. milligrammes per 100 millilitres of urine, which in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, is equivalent to a concentration of alcohol of ................................ milligrammes per 100 millilitres of blood.
This statement is issued in compliance with the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 and paragraph (b) of sub-article (5) of Article 19 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.
	............................................................ .................. Authorised person, Medical Bureau of Road Safety.
	............................................................ .. 19....... (Date)

File No. ...............................

To :

Name ............................................................ ........................................................

Address

............................................................ .............................................

GIVEN under the Official Seal of the Minister for Local Government this 22nd day

of November, 1974.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations amend the Road Traffic Act, 1968 (Part V) Regulations, 1969, as to the application of blood and urine tests for alcohol level.

Their effect is to replace the Schedules to the 1969 Regulations with revised Schedules which incorporate earlier amendments, together with up-to-date references to amended provisions and to amending Regulations.