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Road Traffic Act 2010

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Number 25 of 2010


ROAD TRAFFIC ACT 2010


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

PART 2

Intoxicated Driving Offences

Chapter 1

General

3. Interpretation — Part 2.

Chapter 2

Intoxicated driving offences

4. Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

5. Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.

6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.

7. Power of entry.

Chapter 3

Roadside breath and impairment testing

8. Procedure in relation to person required to undergo breath test who cannot produce his or her driving licence.

9. Obligation to provide preliminary breath specimen.

10. Mandatory alcohol testing.

11. Preliminary impairment testing.

Chapter 4

Procedure in relation to providing specimen at Garda Síochána station, etc.

12. Obligation to provide breath, blood or urine specimens following arrest under Part 2.

13. Procedure following provision of breath specimen under section 12.

14. Obligation to provide blood or urine specimen while in hospital.

15. Procedure regarding taking of specimens of blood and provisions of specimens of urine.

16. Detention of intoxicated drivers where a danger to selves or others.

17. Procedure at Bureau regarding specimens.

Chapter 5

Evidential matters, etc.

18. Provisions regarding certain evidence in prosecutions under section 4 or 5.

19. Written statement by member of Garda Síochána in respect of requirement under section 12(1).

20. Provisions regarding certain evidence in proceedings under Part 2.

21. Costs of prosecutions under Part 2.

22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.

23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1).

Chapter 6

Medical examination at Garda Síochána station or hospital

24. Medical examination at Garda Síochána station or hospital.

25. Evidential matters.

Chapter 7

Functions of Bureau

26. Functions of Bureau.

27. Protection of Director, etc., against legal proceedings.

28. Functions of Director.

Chapter 8

Fixed penalty notice — drink driving

29. Fixed penalty notice — drink driving.

Chapter 9

Transitional measures

30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.

31. Amendment of section 39(2) of Act of 1994 — power of entry.

32. Amendment of section 5 of Act of 2006 — fixed disqualification notice.

Chapter 10

Repeals (Part 2)

33. Repeals — Part 2.

PART 3

Fixed Charge Offences and Notice

34. Fixed charge offences.

35. Fixed charge notice — service.

36. Fixed charge notice — form.

37. Payment of fixed charge.

38. Presumptions.

39. Regulations — information regarding drivers of mechanically propelled vehicles.

40. Offences in relation to fixed charge notices.

41. Regulations — fixed charge amounts.

42. Traffic wardens.

43. Outsourcing.

44. Payment of fixed charge on service of summons.

45. Offence by body corporate.

46. Fixed charge notice — traffic wardens.

47. Interpretation.

48. Transitional measure — onus of proof in respect of named driver and discharge duties of registered owner — section 103(4) of Principal Act.

49. Repeals — Part 3.

PART 4

Payment Deposit

50. Payment deposit from non-resident drivers in respect of certain alleged offences.

51. Prosecution in absentia.

52. Regulations (Part 4).

PART 5

Penalty Points

53. Penalty points — endorsement of points.

54. Amendment of First Schedule to Act of 2002 — penalty points.

55. Probation of Offenders Act 1907 not to apply to penalty point offences.

PART 6

Driving Licence

56. Definitions — driving licence.

57. Matters relating to issue of Irish driving licences and learner permits.

58. Prohibition on applying for Irish driving licence or learner permit where disqualified.

59. Production of driving licence on demand of member of Garda Síochána.

60. Member of Garda Síochána may seize licence in certain circumstances.

61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.

62. Obligation to give current address to member of Garda Síochána.

63. Production of driving licence to court.

PART 7

Disqualification

64. Disqualification for holding driving licence.

65. Consequential disqualification orders.

66. Transitional provision — consequential disqualification orders.

67. Amendment of section 29 of Principal Act — removal of disqualification and repeal.

68. Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.

PART 8

Certain Driving Offences

69. Inconsiderate, careless and dangerous driving, etc.

70. Repeals — Part 8.

PART 9

Miscellaneous

71. Definitions — Principal Act.

72. Driving or being in charge of a substantially disabled mechanically propelled vehicle.

73. Production of certificate of insurance or guarantee.

74. Signature of applicant — driving licence, etc.

75. Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

76. Amendment of section 47 of Principal Act — offence of exceeding speed limit.

77. Vehicle insurers to provide details of motor insurance policies.

78. Regulatory signs.

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

80. Right to demand name and address, etc., of pedal cyclist.

81. Evidence in relation to speeding and certain other offences.

82. Cost of prosecutions — road traffic offences.

83. Functions of Commissioner of Garda Síochána.

84. Amendment of section 15 of Act of 1968 — increase in certain penalties.

85. Regulations — control of driving instructors.

86. Special speed limits.

87. Exemptions for emergency vehicles.

88. Penalty — supply of mechanically propelled vehicle to minor.

89. Display of local authority permits.

90. Detention of vehicles.

91. Repeal.

92. Certificates of competency — display of tax disc and test certificate.


Acts Referred to

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Act 1956

1956, No. 46

Company Law Enforcement Act 2001

2001, No. 28

Courts (No. 3) Act 1986

1986, No. 33

Criminal Justice (Mutual Assistance) Act 2008

2008, No. 7

Dublin Transport Authority Act 2008

2008, No. 15

European Communities Act 1972

1972, No. 27

Finance Act 1976

1976, No. 16

Finance Act 1992

1992, No. 9

Finance Act 1993

1993, No. 13

Finance Act 1994

1994, No. 13

Finance (Excise Duties) (Vehicles) Act 1952

1952, No. 24

Fire Services Act 1981

1981, No. 30

Freedom of Information Act 1997

1997, No. 13

Freedom of Information (Amendment) Act 2003

2003, No. 9

Garda Síochána Act 2005

2005, No. 20

Licensing Act 1872

1872, c. 94

Local Authorities (Traffic Wardens) Act 1975

1975, No. 14

Local Government Act 2001

2001, No. 37

Medical Practitioners Act 2007

2007, No. 25

Nurses Act 1985

1985, No. 18

Offences against the Person Act 1861

1861, c. 100

Petty Sessions (Ireland) Act 1851

1851, c. 93

Probation of Offenders Act 1907

1907, c. 17

Railway Safety Act 2005

2005, No. 31

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 1968

1968, No. 25

Road Traffic Act 1994

1994, No. 7

Road Traffic Act 1995

1995, No. 7

Road Traffic Act 2002

2002, No. 12

Road Traffic Act 2003

2003, No. 37

Road Traffic Act 2004

2004, No. 44

Road Traffic Act 2006

2006, No. 23

Road Traffic and Transport Act 2006

2006, No. 28

Road Transport Act 1933

1933, No. 8

Road Transport Act 1986

1986, No. 16

Roads Act 1920

1920, c. 72

Roads Act 2007

2007, No. 34

Social Welfare Consolidation Act 2005

2005, No. 26

Taxi Regulation Act 2003

2003, No. 25

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Number 25 of 2010


ROAD TRAFFIC ACT 2010


AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS 1961 TO 2007.

[20th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: