Road Traffic (Amendment) Act, 1978
|
Consequential disqualification orders. |
25.—Section 26 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (3) and (5): | |
“(3) (a) The period of a disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of— | ||
(i) an offence under section 49 of this Act, or | ||
(ii) an offence under section 53 of this Act, where the contravention caused death or serious bodily harm to another person, or | ||
(iii) an offence under section 13 (2) or 13 (3) of the Road Traffic (Amendment) Act, 1978 (having been arrested under section 49 (6) of this Act), or | ||
(iv) an offence under section 15 (2) of the Road Traffic (Amendment) Act, 1978, or | ||
(v) an offence under section 16 (6) of the Road Traffic (Amendment) Act, 1978, | ||
be not less than one year in the case of a first offence and not less than three years in the case of a second or any subsequent offence. | ||
(b) Where a person who has previously been convicted of an offence under the foregoing paragraph, other than an offence under subparagraph (ii) thereof, or of an offence under section 49 of this Act occurring before the commencement of section 10 of the Road Traffic (Amendment) Act, 1978, or of an offence under section 30 (3) of the Road Traffic Act, 1968 , is convicted of an offence under the foregoing paragraph other than an offence under subparagraph (ii) thereof, the earlier offence shall for the purpose of the foregoing paragraph be regarded as a first offence, and the later offence as a second offence. | ||
(5) Where a person is convicted of an offence which by virtue of paragraph (b) of subsection (3) of this section is regarded as a second offence, and a period of four years or more during which such person was not disqualified for holding a driving licence has elapsed since his last previous conviction for an offence capable of being regarded as a first offence for the purpose of that paragraph, the court may for the purposes of this section deal with the later of the two offences as a first offence.”. |