Road Traffic Act 2010

Chapter 9

Transitional measures

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

30.— (1) In any proceedings against a person for an offence under section 49 or 50 of the Principal Act, a written statement by a member of the Garda Síochána in respect of the making of a requirement under section 13(1) (inserted by section 1 of the Road Traffic and Transport Act 2006 ) of the Act of 1994 or carrying out a procedure under that subsection or both shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be admissible in evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her under section 13(1) of the Act of 1994.

(2) The conditions referred to in subsection (1) are—

(a) the statement purports to be signed by the member of the Garda Síochána who made it,

(b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

(c) a copy of the statement is served on the accused.

(3) A copy of a statement required by this section to be served on a person may be served—

(a) by delivering it to him or her,

(b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

(c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.