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Road Traffic Act 2006

Consequential disqualification orders.

6.— (1) Section 26 (inserted by section 26 of the Act of 1994) of the Principal Act is amended—

(a) in subsection (4) (inserted by section 2 of the Act of 1995) by substituting for paragraph (a) the following:

“(a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 49 consisting of a contravention of subsection (1) of that section,

(ii) section 50(1),

(iii) section 53, tried on indictment,

(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,

(v) section 13, 14 or 15 of the Road Traffic Act 1994 , or

(vi) section 138(3) of the Railway Safety Act 2005 , tried on indictment,

be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.”.

(b) by substituting for the Table to subsection (4)(b) (inserted by section 2 of the Act of 1995) the following Table:

“

Reference Number

Concentration of alcohol

First offence under the section concerned

Second or any subsequent offence under the same section

(1)

(2)

(3)

(4)

1.

(a) Not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;

(b) Not exceeding 135 milligrammes of alcohol per 100 millilitres of urine;

(c) Not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.

1 year

2 years

2.

(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

(c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.

2 years

4 years

3.

(a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood;

(b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine;

(c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath.

3 years

6 years

”,

(c) in subsection (5)(a), by substituting “2 years” for “1 year” and “4 years” for “2 years”,

(d) in subsection (5)(b), by deleting subparagraph (i), and

(e) in subsection (7), by substituting “1 year” for “6 months”.

(2) The Second Schedule (inserted by section 49 of the Act of 1994) to the Principal Act is amended by inserting after paragraph 13 the following:

“Driving mechanically propelled vehicle without driving licence while disqualified, etc.

14.— An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.

Using vehicle without certificate of roadworthiness.

15.— An offence by a person under Regulation 19(1) of the European Communities (Vehicle Testing) Regulation 2004 ( S.I. No. 771 of 2004 ), being an offence committed in a period of 3 years in which a previous offence was committed by the person under that Regulation for which he or she was convicted.”.