Road Traffic and Roads Act 2023
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PART 4 Amendment of Act of 1961 | ||
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Amendment of Act of 1961 | ||
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5. The Act of 1961 is amended— | ||
(a) in section 3(1)— | ||
(i) by the insertion of the following definition after the definition of “approved policy of insurance”: | ||
“‘autonomous vehicle’ means a mechanically propelled vehicle that has been designed, constructed, adapted or modified to move autonomously for certain periods of time but in respect of which driver intervention is still expected or required;”, | ||
(ii) by the substitution of the following definition for the definition of “driving”: | ||
“‘driving’ includes— | ||
(a) managing and controlling, | ||
(b) in the case of an autonomous vehicle during periods of time in which the vehicle is moving autonomously, monitoring, overseeing and supervising, and | ||
(c) in relation to a bicycle, tricycle or powered personal transporter, riding, | ||
and ‘driver’ and other cognate words shall be construed accordingly;”, | ||
and | ||
(iii) by the insertion of the following definition after “vehicle guarantor”: | ||
“‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;”, | ||
(b) in section 18(10), by the substitution of the following paragraph for paragraph (m): | ||
“(m) the keeping, by the issuing authority or other persons specified in the regulations, of records in relation to tests, and the disclosure of such records relating to a vehicle to the owner of the vehicle, or to a person nominated by the owner;”, | ||
(c) in section 22(2)— | ||
(i) by the substitution of the following paragraph for paragraph (b): | ||
“(b) shall be accompanied by— | ||
(i) evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State, | ||
(ii) any— | ||
(I) certificate of competency, | ||
(II) certificate of fitness, or | ||
(III) medical report, | ||
required under regulations under this Act, and | ||
(iii) the fee payable on the taking out of such a licence,”, | ||
and | ||
(ii) in paragraph (c), by the substitution of the following subparagraph for subparagraph (i): | ||
“(i) where required under regulations under this Act, a recent photograph of the applicant, and”, | ||
(d) by the substitution of the following section for section 22B: | ||
“22B. (1) Subject to subsection (2), where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it. | ||
(2) Where a person who is the holder of a learner permit in respect of vehicles of a category for a period has been granted a certificate of competency in respect of such category, he or she shall not, by virtue of the application of subsection (1), be disqualified for applying for a driving licence in respect of vehicles of that category for any period which, or part of which, is within that period.”, | ||
(e) in section 23A by the insertion of “, for the purposes of an application for an Irish driving licence,” after “by order declare that”, | ||
(f) by the insertion of the following sections after section 23B: | ||
“Automatic revocation of driving licence where holder is subject of deportation order | ||
23C. (1) Where the holder of an Irish driving licence is the subject of a deportation order the licence shall stand revoked. | ||
(2) A revocation under subsection (1) shall take effect on the date on which the Minister for Justice notifies the Minister, in accordance with subsection (3), of the making of the order. | ||
(3) Where the Minister for Justice makes a deportation order in respect of a person he or she may notify the Minister of the making of the order and may share the following information with the Minister for the purposes of this section: | ||
(a) the name of the person who is the subject of the deportation order; | ||
(b) the date of birth of the person who is the subject of the deportation order; | ||
(c) where the person who is the subject of the deportation order was issued with a document evidencing that he or she had a legal right to reside in the State, the number associated with that document. | ||
(4) The Minister and his or her servants or agents shall not use information shared under subsection (3) for any purpose other than the purpose of this section. | ||
(5) In this section, ‘deportation order’ means a deportation order made or deemed to be made under section 3 of the Immigration Act 1999 or section 51 of the International Protection Act 2015 . | ||
Endorsement of revocation of driving licence on license record relating to holder | ||
23D. (1) In this section and section 23E, ‘licence’ means an Irish driving licence or learner permit. | ||
(2) Where the Minister receives a notification under section 23B(3), or where a licence has been revoked in accordance with regulations under section 42(2)(cd), he or she shall cause the fact that the licence stands revoked to be endorsed on the entry (within the meaning of section 1 of the Road Traffic Act 2002 ) of the person who is the subject of the notification or whose licence has been revoked. | ||
Retention of revoked driving licence by member of Garda Síochána | ||
23E. (1) Where a person produces an Irish driving licence to a member of the Garda Síochána and the member has reasonable grounds to believe that the licence is one which has been revoked in accordance with section 23C or regulations under section 42(2)(cd), he or she shall retain the licence and forward it to the Minister. | ||
(2) Where the Minister receives a driving licence under subsection (1) and the licence stands revoked the Minister shall cause the licence to be destroyed and notify the holder of the licence by letter in writing to the address provided by the licence holder with his or her application for the licence or, where the holder has notified the Minister that he or she has changed address, to that address and by such other means as the Minister prescribes. | ||
(3) Where the Minister receives a licence from a member of the Garda Síochána under subsection (1) and the licence does not stand revoked the Minister shall cause the licence, or a replacement licence, to be furnished to the holder. | ||
(4) A person may make an application for a licence in accordance with this Act notwithstanding that a licence held by him or her has been revoked pursuant to this section or in accordance with regulations under section 42(2)(cd).”, | ||
(g) in section 33— | ||
(i) by the insertion of the following subsections after subsection (1): | ||
“(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5 (g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes. | ||
(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes. | ||
(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”, | ||
and | ||
(ii) by the insertion of the following subsection after subsection (2): | ||
“(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262 (2) of the Social Welfare Consolidation Act 2005 .”, | ||
(h) in section 35— | ||
(i) in subsection (2)— | ||
(I) in paragraph (b), by the deletion of “and”, and | ||
(II) by the substitution of the following paragraphs for paragraph (c): | ||
“(c) accompanied by— | ||
(i) the appropriate fee, and | ||
(ii) any photograph of the applicant, certificate of fitness or medical report, | ||
required under regulations under this Act, and | ||
(d) accompanied by evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State.”, | ||
(ii) in subsection (6)— | ||
(I) by the deletion of “22(2), (4) and (5),”, | ||
(II) in paragraph (a), by the substitution of “section 35, and” for “section 35”, | ||
(III) in paragraph (b), by the substitution of “section 35.” for “section 35, and”, and | ||
(IV) by the deletion of paragraph (c), | ||
and | ||
(iii) by the insertion of the following subsections after subsection (6): | ||
“(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005 . | ||
(8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records. | ||
(9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with— | ||
(a) such information from the records, and | ||
(b) such copies of licence records or of such extracts from such records, | ||
as the person may reasonably require. | ||
(10) Subsection (9) applies to— | ||
(a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and | ||
(b) such other categories of person and the purpose for such access as may be prescribed. | ||
(11) In this section, ‘licence records’ means records maintained under section 60 of the Finance Act 1993 .”, | ||
(i) in section 38, by the substitution of “3 months” for “12 months” in subparagraph (i) of paragraph (a) of subsection (2), | ||
(j) in section 42— | ||
(i) in subsection (2)— | ||
(I) by the insertion of the following paragraphs after paragraph (c): | ||
“(ca) the evidence to accompany an application for an Irish driving licence or a learner permit in order to show that the person has a legal right to reside in the State; | ||
(cb) the automatic revocation of an Irish driving licence or a learner permit— | ||
(i) where a person no longer has a right to reside in the State, | ||
(ii) where the evidence that accompanied an application for an Irish driving licence or a learner permit showing that the person had a legal right to reside in the State expires or is revoked, | ||
(iii) in circumstances where the evidence that accompanied an application for an Irish driving licence or a learner permit showed that the legal right of the person to reside in the State was limited or finite, on an anniversary of the date on which the licence is granted, | ||
(iv) where the Minister becomes aware following the grant of an Irish driving licence or a learner permit that— | ||
(I) at the time an Irish driving licence or a learner permit was granted, the applicant did not meet the requirements for the granting of the Irish driving licence or a learner permit, or | ||
(II) the Irish driving licence or a learner permit was obtained by fraud, | ||
on the date on which the Minister notifies the holder of the Irish driving licence or a learner permit, | ||
(ce) the retention of a revoked Irish driving licence or a learner permit by a member of the Garda Síochána, the subsequent destruction of a retained licence and the notification of the holder of the revoked licence;”, | ||
(II) in paragraph (p), by the substitution of “fees;” for “fees.”, and | ||
(III) by the insertion of the following paragraphs after paragraph (p): | ||
“(q) the application to learner permits of harmonised Community codes under Directive 2006/126/EC of the European Parliament and of the Council of 20 December 20061 on driving licences; | ||
(r) the application to licences of national codes, along with corresponding information indicating— | ||
(i) restrictions on the conditions of validity of a licence, or | ||
(ii) matters voluntarily brought to the Minister’s attention by the holder of the licence.”, | ||
and | ||
(ii) by the insertion of the following subsections after subsection (3): | ||
“(3A) The Minister may make regulations providing for— | ||
(a) minimum standards of physical and mental fitness (including different standards in relation to a driving licence or learner permit in respect of different categories of vehicle) to be met by a person when he or she is making an application for a driving licence or learner permit, | ||
(b) the classes of persons who, when applying for a driving licence or learner permit, are required to produce a medical report that certifies that the person meets standards prescribed under paragraph (a), | ||
(c) the classes of persons who may carry out a medical examination and sign a medical report that certifies that a person meets standards prescribed under paragraph (a), and | ||
(d) the form of a medical report for the purposes of paragraph (b). | ||
(3B) The Minister may publish guidelines to be followed by a person who carries out a medical examination or signs a report for the purposes of the production of a medical report referred to in subsection (3A)(b). | ||
(3C) A person who certifies that a person meets standards prescribed under subsection (3A)(a) who, at the time of so certifying, knows this to be false, or who includes in a medical report referred to in subsection (3A)(b), information which he or she knows to be false, is guilty of an offence.”, | ||
(k) in section 53(1)— | ||
(i) by the deletion of “in a public place”, and | ||
(ii) by the insertion of “in which it is driven” after “condition and use of the place”, | ||
(l) by the insertion of the following sections after section 56: | ||
“Obligation to supply vehicle insurer or certain intermediaries with certain information | ||
56A. (1) For the purpose or in the course of obtaining the issue of an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a person, other than a fleet owner or motor trader, shall supply to the insurer or intermediary the following information: | ||
(a) his or her name and address and the name of any other person who is to be named in particular 6 of the certificate of insurance; | ||
(b) the date of birth of each person to whom paragraph (a) applies; | ||
(c) the registration number or, in the event that the registration number is not available, the vehicle identification number (VIN) or any other unique identifying number given by the manufacturer, if available; | ||
(d) in respect of each person who is to be named in particular 6 of the certificate of insurance— | ||
(i) the country of issue of the licence or permit, and | ||
(ii) in the case the person concerned holds— | ||
(I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, | ||
(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the permit, or | ||
(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued. | ||
(2) Any change or error in respect of the information which has been provided pursuant to subsection (1) shall be notified by the person to whom the approved policy of insurance is issued or to be issued to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable. | ||
(3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a class E fine. | ||
(4) For the purpose of or in the course of obtaining an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a fleet owner or motor trader shall supply to the vehicle insurer or intermediary, as the case may be— | ||
(a) his or her name and address and the names of any other person to be named in particular 6 of the certificate of insurance, and | ||
(b) where applicable, the class or classes of driver whose liability is proposed to be covered by the policy. | ||
(5) Any change or error in respect of the information which has been provided pursuant to subsection (4) shall be notified by the fleet owner or motor trader, as the case may be, to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable. | ||
(6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a class E fine. | ||
(7) A fleet owner or motor trader, as the case may be, shall, in respect of an approved policy of insurance to which subsection (4) refers, supply to MIBI within 14 days— | ||
(a) of the issuing of an approved policy of insurance, in respect of a person named in particular 6 of the certificate of insurance— | ||
(i) his or her date of birth, and | ||
(ii) the information specified in paragraph (d)(i), (ii) or (iii), as the case may be, of subsection (1), | ||
(b) of a person’s name being added to particular 6 of the certificate of insurance, his or her name and date of birth and such of the information specified in paragraph (d)(i), (ii) or (iii), as is relevant to him or her, and | ||
(c) of a vehicle being in the possession of the fleet owner or motor trader, as the case may be, the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available. | ||
(8) Where a vehicle is in the possession of a fleet owner or motor trader for 14 days or less, the requirement under subsection (7)(c) does not apply. | ||
(9) Any change or error in respect of the information provided pursuant to subsection (7)(a), (b) or (c) shall be notified by the fleet owner or motor trader to MIBI within 5 days of the change occurring or the error coming to the attention of the owner or trader, as the case may be. | ||
(10) A person who contravenes subsection (7) or (9) commits an offence and is liable on summary conviction to a class E fine. | ||
(11) A vehicle insurer shall not issue a policy of insurance to a person who fails to supply the information required under subsection (1) or (4). | ||
(12) A person who contravenes subsection (11) commits an offence and shall be liable on summary conviction to a class E fine. | ||
(13) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or the connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(14) In proceedings for an offence under this section or section 78A it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence. | ||
(15) For the purposes of this section and section 78A— | ||
(a) a renewal of an approved policy of insurance shall be deemed to be an issue thereof, | ||
(b) ‘certificate of insurance’ means the certificate the form of which is in the Second Schedule to the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ), | ||
(c) ‘fleet owner’ has the same meaning as it has in the Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 ), | ||
(d) ‘MIBI’ means the Motor Insurers’ Bureau of Ireland, and | ||
(e) ‘motor trader’ means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing, dealing in or distributing components or parts for vehicles or of the carriage of vehicles). | ||
Transitional provision (section 56A) | ||
56B. Where, immediately after the commencement of section 56A, a person is in the process of submitting information to an insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purpose, or in the course, of obtaining the issue of an approved policy of insurance, but the policy has not issued to him or to her, the provisions of section 56A shall apply.”, | ||
(m) in section 58— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) In this Act, ‘vehicle insurer’ means an insurer or an insurer authorised in another Member State— | ||
(a) issuing policies covering risk in the State classified under class 10 in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ), and | ||
(b) which is a member of the Motor Insurers’ Bureau of Ireland, | ||
other than an insurer that issues policies covering carrier’s liability only.”, | ||
and | ||
(ii) by the deletion of subsection (2), | ||
(n) in section 78, by the substitution of the following subsections for subsection (1): | ||
“(1) Subject to subsection (1A), a person shall not issue policies covering risk in the State classified under class 10 in Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), unless the person is a member of the Bureau. | ||
(1A) The policies referred to in subsection (1) exclude policies covering carriers’ liability only.”, | ||
(o) by the substitution of the following section for section 78A: | ||
“78A. (1) MIBI shall maintain a database of information specified in subsections (2), (3), (4), (5) and (7), and of information submitted to it under section 56A(7) and (9), and is designated as a data controller in relation to personal data processed for the purposes of this section and section 56A. | ||
(2) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance, notify MIBI of the following information in respect of persons to whom section 56A(1) applies: | ||
(a) the name and address of the person to whom the policy of insurance is issued and the name of any other person named in particular 6 of the certificate of insurance; | ||
(b) the date of birth of a person to whom paragraph (a) applies; | ||
(c) any limitations as to the use of a mechanically propelled vehicle to which the policy relates; | ||
(d) the policy number and the period of cover of the policy; | ||
(e) the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available; | ||
(f) in respect of each person named in particular 6 of the certificate of insurance— | ||
(i) the country of issue of the licence or permit, and | ||
(ii) in the case the person concerned holds— | ||
(I) an Irish driving licence, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, | ||
(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the licence, or | ||
(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued. | ||
(3) Where a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf becomes aware of any error in or change to information provided to the insurer under section 56A(1), the insurer or intermediary, as the case may be, shall, within 5 working days of being made aware of the change or error, notify MIBI of such change or error. | ||
(4) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has issued an approved policy of insurance to a fleet owner or motor trader, notify MIBI of the following information in respect of that policy: | ||
(a) the name and address of the fleet owner or motor trader, as the case may be, and the names of any person named in particular 6 of the certificate of insurance; | ||
(b) any limitations as to the use of a mechanically propelled vehicle to which the policy relates; | ||
(c) the policy number and the period of cover of the policy. | ||
(5) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall ensure that any changes or errors with respect to the matters provided for in subsection (4) are notified to MIBI within 5 working days after the insurer or intermediary, as the case may be, becomes aware of the change or error. | ||
(6) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who contravenes subsection (2), (3), (4), (5) or (7) commits an offence and is liable on summary conviction to a class E fine. | ||
(7) A vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf shall, within 5 working days after it has cancelled an approved policy of insurance, notify MIBI of the cancellation. | ||
(8) MIBI may process data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) for the purposes of its functions under Regulations 5 and 6 of the European Communities (Fourth Motor Insurance Directive) Regulations 2003 ( S.I. No. 651 of 2003 ). | ||
(9) MIBI shall make available data received by it under subsections (2), (3), (4), (5) and (7) and section 56A(7) and (9) to— | ||
(a) the Minister, for the purposes of the Minister’s functions under section 60 of the Finance Act 1993 in respect of the National Vehicle and Driver File and for the purposes of the Minister’s functions under section 2 of the Road Traffic and Transport Act 2006 in respect of an operator’s licence, | ||
(b) the Garda Síochána, for the purposes of carrying out its functions in respect to enforcement of the Road Traffic Acts 1961 to 2023, | ||
(c) the National Transport Authority, for the purposes of its functions under the Taxi Regulation Acts 2013 and 2016 and the Taxi Regulation (Small Public Service Vehicles) Regulations 2015 ( S.I. No. 33 of 2015 ), | ||
(d) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf who provided it with information under subsection (2), (3), (4), (5) or (7), and | ||
(e) a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf for the purposes of verifying information provided pursuant to section 56A(7) and (9) in circumstances where there is an approved policy of insurance to which section 56A(4) applies. | ||
(10) MIBI shall, within 18 months of the commencement of this section and thereafter annually, submit to the Minister a report in relation to its operation of the database maintained by it pursuant to subsection (1). | ||
(11) MIBI may, subject to regulations made by the Minister for that purpose, make available the information specified in subsections (2), (3), (4), (5) or (7) and section 56A(7) and (9)— | ||
(a) to the recipients specified in subsection (9) for such further purposes as may be specified in the regulations, and | ||
(b) to such further recipients as may be specified in the regulations for such further purposes as may be specified therein. | ||
(12) In this section— | ||
‘National Vehicle and Driver File’ means records established and maintained by the Minister under section 60 of the Finance Act 1993 ; | ||
‘operator’s licence’ has the same meaning as it has in section 2 (9) of the Road Traffic and Transport Act 2006 .”. | ||
(p) by the insertion of the following section after section 109: | ||
“Powers of Garda Síochána in relation to dangerous driving | ||
109A. (1) Where a member of the Garda Síochána reasonably believes that a vehicle has been, or is being, driven or used (or is likely to be driven or used) in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, the member may do all or any of the following: | ||
(a) require any person driving or using any such vehicle— | ||
(i) to stop and keep the vehicle stationary for such period as is reasonably necessary in order to enable such member to discharge his or her duties, | ||
(ii) to give to the member his or her name and address and date of birth, | ||
(iii) to exit, dismount or otherwise relinquish charge and control of the vehicle, or | ||
(iv) to leave the place concerned; | ||
(b) seize, remove, store and subsequently dispose of the vehicle, subject to this section. | ||
(2) For the purposes of subsection (1)(b), where a member of the Garda Síochána identifies the driver or user of the vehicle, the member shall, in so far as is practicable, inform the person of the seizure of the vehicle. | ||
(3) A member of the Garda Síochána may, for the purposes of exercising a power under subsection (1), enter without warrant (if need be by use of reasonable force) any place including the curtilage of a dwelling but not the dwelling. | ||
(4) A person who fails or refuses to comply with a requirement under subsection (1) or who obstructs or impedes, or assists another person to obstruct or impede, a member of the Garda Síochána in the exercise of his or her powers under subsection (1) or (3), including by giving a name or address or date of birth which is false or misleading when required to give such under subsection (1)(a)(ii), shall be guilty of an offence and shall be liable on summary conviction to a class A fine or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment. | ||
(5) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section. | ||
(6) A vehicle shall not be disposed of under this section before the expiration of a period of 2 months from the date of its seizure under subsection (1)(b). | ||
(7) Following the seizure of a vehicle under subsection (1)(b), but prior to the disposal of the vehicle, any person may apply to the District Court for the area within which the vehicle was seized for an order releasing the vehicle. | ||
(8) A person intending to make an application under subsection (7) shall give notice in writing before the expiry of the period of 2 months referred to in subsection (6) to a Superintendent of the Garda Síochána in the division in which the vehicle was seized. | ||
(9) On being satisfied by evidence adduced by or on behalf of the applicant that he or she is the owner, and that— | ||
(a) at the time at which the vehicle was seized it was being driven or used by another person without his or her consent, or | ||
(b) he or she will not drive or use the vehicle, or allow the vehicle to be driven or used, in any place in which it is, or is likely to be, dangerous to any persons present (including the driver or user) or persons who might reasonably be expected to be present, | ||
the court shall direct the release of the vehicle to a person specified in the order. | ||
(10) In making an assessment under subsection (9)(b), the court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the circumstances and the conduct of the applicant at the time at which the vehicle was seized and whether or not the vehicle or another vehicle owned by the applicant has been seized under subsection (1)(b) on any other occasion. | ||
(11) The decision of the District Court on an application under subsection (7) shall be final save that, by leave of that court, an appeal shall lie to the High Court on a point of law. | ||
(12) The standard of proof on an application for the release of a vehicle under this section shall be that applicable to civil proceedings. | ||
(13) Where no application is made for the release of a vehicle seized under this section or the District Court refuses an application to release the vehicle, the Commissioner of the Garda Síochána may dispose of the seized vehicle in any manner he or she thinks fit. | ||
(14) No action shall lie in respect of anything done in good faith and without negligence in the course of the seizure, removal, storage, release or disposal of a vehicle under this section.”, | ||
and | ||
(q) in section 115, by the insertion of the following subsection after subsection (6): | ||
“(6A) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.”. | ||