Road Traffic Act 2006

Evidence in relation to certain offences.

17.— Section 21 (as amended by section 15 of the Act of 2004) of the Act of 2002 is amended—

(a) in subsection (1), by substituting “, section 35 of the Act of 1994 or section 138 of the Railway Safety Act 2005 ” for “or section 35 of the Act of 1994”,

(b) in subsection (2) and subsection (5), by inserting “or a person authorised under an agreement under subsection (7)” after “Garda Síochána” in each place where it occurs, and

(c) by inserting after subsection (6) the following:

“(7) (a) The Minister for Justice, Equality and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.

(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions specified in that agreement.

(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice, Equality and Law Reform under this subsection.

(8) In proceedings for an offence referred to in subsection (1) it shall be presumed, until the contrary is shown, that—

(a) the electronic or other apparatus used for the tendering of evidence was provided and maintained by a member of the Garda Síochána or by a person authorised under subsection (7), and

(b) that the development, production and viewing of records produced by such apparatus was carried out by a member of the Garda Síochána or by a person authorised under subsection (7).”.