Road Traffic Act 2010
Intoxicated Driving Offences
Interpretation — Part 2.
3.— (1) In this Part—
“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;
“Bureau” has the meaning assigned to it by section 37(1) of the Act of 1968;
“category”, in relation to a vehicle referred to in the definition of “specified person”, means a category of vehicle referred to in Regulation 6 of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 );
“designated” means designated by a member of the Garda Síochána;
“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;
“impairment test regulations” means regulations made under section 11 (3);
“impairment tests” means tests prescribed under impairment test regulations;
“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;
(a) is the holder of a learner permit,
(b) holds his or her first driving licence, for a period not exceeding 2 years from its date of issue,
(c) is the holder of a driving licence licensing the holder to drive a vehicle in the category C, C1, D, D1, EB, EC, EC1, ED, ED1 and W while driving, attempting to drive or being in charge of such a vehicle,
(d) is the holder of a licence to drive a small public service vehicle granted under section 34 of the Taxi Regulation Act 2003 or section 82 of the Principal Act or a person purporting to be such a holder while driving, attempting to drive or being in charge of such a vehicle, when the vehicle is being used in the course of business,
(e) does not hold, at the time or, at any time within the period of 5 years prior to the commission, of the alleged offence a driving licence for the time being having effect and licensing the person to drive a vehicle of the category concerned, or
(f) is deemed under section 8 to be a specified person.
(2) Where a person holds a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in subsection (1) it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence a vehicle of the category concerned or a small public service vehicle being used in the course of business.