Road Traffic and Roads Act 2023
|
PART 9 Amendment of Act of 2010 | ||
|
Amendment of Act of 2010 | ||
|
13. The Act of 2010 is amended— | ||
(a) by the substitution of “Road Traffic Act 1961 to 2023”— | ||
(i) for “Road Traffic Acts 1961 to 2010” where it occurs in sections 20, 25, 61, 82 and 87, | ||
(ii) for “Road Traffic Acts 1961 to 2011” in section 9(1)(b), and | ||
(iii) for “Road Traffic Acts 1961 to 2016” in sections 10 and 20, | ||
(b) in section 3(1), in the definition of “impairment test regulations”, by the substitution of “section 11(4)” for “section 11(3)”, | ||
(c) in section 9(3), by the substitution of “Subject to section 22(1A), a person who refuses or fails to comply” for “A person who refuses or fails to comply”, | ||
(d) in section 10(6)(a), by the substitution of “subject to section 22(1B), refuses or fails to comply” for “refuses or fails to comply”, | ||
(e) in section 11(5), by the deletion of “without reasonable excuse,”, | ||
(f) in section 12(1), by the substitution of “11(6)” for “11(5)”, | ||
(g) in section 13, by the insertion of the following subsection after subsection (1): | ||
“(1A) The Minister may provide by regulations for a deduction to be made from the concentration of alcohol in a specimen determined by the apparatus referred to in section 12 to allow a margin of error in the making of such a determination.”, | ||
(h) in section 16(1), by the substitution of “11(6)” for “11(5)”, | ||
(i) in section 22— | ||
(i) by inserting the following subsections after subsection (1): | ||
“(1A) In a prosecution of a person for an offence under section 9(3) for failure to comply with a requirement under subsection (2) or (2A) of section 9, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure. | ||
(1B) In a prosecution of a person for an offence under section 10(6)(a) it shall be a defence for the person to satisfy the court that there was a special and substantial reason for his or her refusal or failure.”, | ||
(ii) in subsection (3), by the substitution of “Notwithstanding subsections (1), (1A), (1B) and (2),” for “Notwithstanding subsections (1) and (2)”, and | ||
(iii) in subsection (4), by the substitution of “section 11(5)” for “section 11(4)”, | ||
(j) in section 34(2)(i), by the substitution of the following subparagraph for subparagraph (ii): | ||
“(ii) paragraphs (b), (bb) and (c) of section 139 (1) of the Finance Act 1992 .”, | ||
(k) in section 35— | ||
(i) by the insertion of the following subsection after subsection (1): | ||
“(1A) Where an officer of the Revenue Commissioners has reasonable grounds for believing that an offence under paragraph (b), (bb) or (c) of section 139 (1) of the Finance Act 1992 has been committed— | ||
(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a fixed charge notice, or | ||
(b) if the officer does not identify the person and the offence involves the use of a mechanically propelled vehicle, the officer shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.”, | ||
(ii) in subsection (2), by the substitution of “shall not be instituted by the Garda Síochána” for “shall not be instituted”, | ||
(iii) in subsection (3)— | ||
(I) by the insertion of “or (1A)(a)” after “under subsection “(1)(a)”, | ||
(II) by the insertion of “or (1A)(b)” after “under subsection (1)(b)”, | ||
(III) in paragraph (a)(i)(II)(B), by the insertion of “or, as the case may be, the officer referred to in subsection (1A)” after “the member referred to in in subsection (1)”, and | ||
(IV) in paragraph (b)(i)(II), by the insertion of “or, as the case may be, the officer referred to in subsection (1A)” after “the member referred to in subsection (1)”, | ||
(iv) by the deletion of subsection (4), | ||
(v) in subsection (6)— | ||
(I) in paragraph (b), by the insertion of “did not have possession of, or” after “the registered owner of the vehicle”, | ||
(II) in paragraph (i), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(III) in paragraph (ii)— | ||
(A) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(B) by the insertion of “, officer” after “the member” in both places where it occurs, | ||
(vi) in subsection (7), by the substitution of “subsection (6)(i)” for “subsection (6)(b)(i)”, and | ||
(vii) in subsection (8), by the substitution of “paragraph (i) and (ii) of subsection (6)” for “subsection (6)(b)”, | ||
(viii) by the insertion of the following subsection after subsection (9): | ||
“(10) The Revenue Commissioners shall, not later than 28 days after a document referred to in subsection (6) containing the name and address of the person who had possession of, or was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to an officer of the Revenue Commissioners, cause a notice under this section to be served, personally or by post, on the person.”, | ||
(l) in section 36(3)(d)— | ||
(i) in subparagraph (i), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(ii) in subparagraph (ii)— | ||
(I) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(II) by the insertion of “, officer” after “the member”, | ||
(m) in section 39(1), by the insertion of “, an officer of the Revenue Commissioners” after “a licensing authority”, | ||
(n) in section 40— | ||
(i) in subsection (5), by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, | ||
(ii) in subsection (6)— | ||
(I) by the insertion of “, an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(II) by the substitution of “to a class C fine” for “to a fine not exceeding €2,000”, | ||
and | ||
(iii) in subsection (7), by the substitution of “, an offence under section 38(4) or an offence under subsection (6)” for “or an offence under section 38(4)”, | ||
(o) in section 44(1)— | ||
(i) by the insertion of “or an officer of the Revenue Commissioners” after “a member of the Garda Síochána”, and | ||
(ii) by the insertion of “or officer” after “the member”, | ||
(p) in section 47, by the insertion of the following definition after the definition of “fixed charge offence”: | ||
“‘an officer of the Revenue Commissioners’ means an officer of the Revenue Commissioners authorised by them for the purposes of this Part.”, | ||
(q) in section 74, by the substitution of the following paragraph for paragraph (c): | ||
“(c) an Irish driving licence or learner permit, to a licensing authority,”, | ||
and | ||
(r) in section 87, by the insertion of the following subsection after subsection (1): | ||
“(1A) The Minister may prescribe a class of persons who are engaged in the provision or receipt of instruction for the purposes of the services specified in subsection (1) and to whom that subsection shall apply where the Minister is satisfied that it would be appropriate for that subsection to apply in relation to members of that class.”. |