S.I. No. 240/1976 - Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1976

S.I. No. 240 of 1976.

ROAD TRAFFIC ACT, 1968 (PART V) (AMENDMENT) REGULATIONS, 1976

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 28 , 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, 1976.

(2) These Regulations and the Road Traffic Act, 1968 (Part V) Regulations, 1969 to 1974, shall be construed as one and may be cited together as the Road Traffic Act, 1968 (Part V) Regulations, 1969 to 1976.

2. In these Regulations "The Principal Regulations" means the Road Traffic Act, 1968 (Part V) Regulations, 1969 ( S.I. No. 136 of 1969 ).

3. Article 3 of the Principal Regulations as amended by the Road Traffic Act, 1968 (Part V) (Amendment) (No. 2) Regulations, 1973 ( S.I. No. 221 of 1973 ) is hereby amended by the substitution for paragraph (a) of sub-article 2 of the following paragraph:-

"(a) Where a requisition under section 28 or a request is made the member of the Gárda Síochána shall provide to the person an apparatus supplied by the Bureau under paragraph (e) of sub-article (1) of article 5."

4. Article 5 of the Principal Regulations, as amended by the Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1973 ( S.I. No. 138 of 1973 ) is hereby amended by the addition to sub-article (1) of the following paragraph:

"(e) apparatus designed for the purpose of indicating the presence of alcohol in the breath."

5. 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 1976

LABORATORY REGISTER

PART I

Receipt of specimen

1. File Number
2. (a) Date of receipt of envelope containing specimen	(a)
(b) Date on which envelope was opened	(b)
3. Was envelope properly closed and sealed with a paper seal on receipt?
4. (a) Was same identification mark on copy of certificate and on paper seal and on label on specimen tube?	(a)
(b) Identification mark on copy of certificate and on paper seal and on label on specimen tube	(b)
5. Name and address of arrested person as shown on copy of certificate
6. Type of specimen (blood or urine)
7. Did the person who opened envelope—
(a) initial and date label on specimen tube,	(a)
(b) place the copy of the certificate in a numbered file and write name and address of arrested person on the cover of the file,	(b)
(c) verify the identification marks referred to at 4 (a) above and complete the steps at 7 (a) and 7 (b) above, before opening any other envelope?	(c)
8. Did the person who opened the envelope make the above entries in this register?
9. Name of person who carried out the prescribed procedure on receipt of specimen

PART II

Analysis of specimen

		Name of person making entry
10.	Date of completion of analysis of specimen in accordance with article 14 of S.I. No. 196 of 1969
11.	Name of analyst
12.	Date of inserting analyst's record in file referred to at 7 (b) above
13.	Date when file and analyst's record considered by Director
14.	Concentration of alcohol in specimen as determined by the Director and, in the case of urine specimen, equivalent concentration of alcohol in the blood
15.	Date of issue of Director's certificate to Gárda Station
16.	Date of issue by registered post of statement in prescribed form under section 43 (3) (b) of the Act to arrested person
17.	Date of inserting copy of Director's certificate in file referred to at 7 (b) above

PART III

Second analysis

		Name of person making entry
18.	Date of receipt of requisition and fee for second analysis
19.	Name of authorised person appointed by Director to carry out second analysis
20.	Did requisition include a request that second analysis be carried out in the presence of the applicant or a person nominated by him?
21.	Date of notification to applicant of the place, date and time at which the second analysis and determination is to be made
22.	Date of completion of second analysis in accordance with article 19 of S.I. No. 196 of 1969
23.	Concentration of alcohol in specimen as determined by appointed person and, in the case of a urine specimen, equivalent concentration of alcohol in the blood
24.	Date of issue to Gárda Station of certificate relating to second analysis
25.	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)
26.	Date of placing copy of certificate on file referred to at 7 (b) above

6. The Principal Regulations are hereby amended by the substitution for the Third Schedule thereto (substituted therein by the Road Traffic Act, 1968 (Part V) (Amendment) Regulations, 1974 ( S.I. No. 336 of 1974 )) of the following:-

"THIRD SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969 to 1976

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 Gárda 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 13 of the Road Traffic Act, 1968 (Part V) Regulations 1969, as amended by the Road Traffic Act, 1968 (Part V) (Amendment) (No. 2) Regulations, 1973, have been complied with in relation to the procedure on receipt by the Bureau of the specimen of blood referred to above;

( c ) 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;

( d ) on consideration of the analyst's record, I have determined that the specimen of blood contained a concentration of alcohol of ............................................................ milligrammes per 100 millilitres of blood;

( e ) the requirements of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 have been complied with in relation to the specimen.

This certificate is issued under paragraph (a) of sub-section (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 1976

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 Gárda Síochána in a closed envelope containing a paper seal bearing the same identification mark;

(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 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 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 13 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, as amended by the Road Traffic Act, 1968 (Part V) (Amendment) (No. 2) Regulations, 1973, have been complied with in relation to the procedure on receipt by the Bureau of the specimen of urine referred to above;

(c) 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;

(d) 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;

(e) the requirements of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 have been complied with in relation to the specimen.

This certificate is issued under paragraph (a) of sub-section (3) of section 43 of the Road Traffic Act, 1968 .

	............................................................ .......
	Director Medical Bureau of Road Safety
	............................................................ ......
	(Date)
File No........................................................	".

GIVEN under the Official Seal of the Minister for Local

Government this 14th day of October 1976.

JAMES TULLY

Minister for Local Government

EXPLANATORY NOTE

These Regulations amend the Road Traffic Act, 1968 (Part V) Regulations, 1969 as to the testing of specimens of breath, blood and urine for alcohol.

They prescribe requirements as to apparatus for detecting alcohol in the breath, and as to certain forms used by the Medical Bureau of Road Safety.