S.I. No. 196/1969 - Road Traffic Act, 1968 (Part V) Regulations, 1969.


The Minister for Local Government, in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and sections 28 , 30 , 33 , 36 , 43 , 45 , 46 and 47 of the Road Traffic Act, 1968 (No. 25 of 1968), hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation

1. These Regulations may be cited as the Road Traffic Act, 1968 (Part V) Regulations, 1969.

2 Interpretation

2. (1) In these Regulations—

" the Act " means the Road Traffic Act, 1968 ;

" appropriate person " includes the Director and a person employed by the Bureau or by a person or body with whom the Bureau has made an arrangement under the Order for the use of the services of the officers and servants of that person or body, on the work of receiving specimens of blood and urine, preparing specimens for analysis, carrying out analysis, or keeping records of such operations;

" arrested person " means a person arrested under subsection (4) of section 49 or subsection (6) of section 50 of the Road Traffic Act, 1961 , or under paragraph (a) or paragraph (b) of subsection (3) of section 28 of the Act;

" authorised person " means an appropriate person who, in the opinion of the Director, is qualified to perform the functions required by article 14 and sub-article (2) of article 19 to be performed by an authorised person and who has been authorised by the Director to perform those functions;

" blood specimen tube " means a tube, bottle or similar receptacle, complete with stopper and having a capacity of approximately seven millilitres;

" the Bureau " means the Medical Bureau of Road Safety established under section 37 of the Act;

" the Director " means the Director of the Bureau;

" medical practitioner " means a designated registered medical practitioner;

" the Order" means the Medical Bureau of Road Safety (Establishment) Order, 1968 ( S.I. No. 241 of 1968 );

" stopper " includes a screw-top or similar device to seal a specimen tube and " stop " shall be construed accordingly;

" urine specimen tube " means a tube, bottle or similar receptacle, complete with stopper and having a capacity of approximately twenty-five millilitres.

(2) In these Regulations, a reference to an article or schedule is to an article of or schedule to these Regulations unless it is indicated that reference to some other provision is intended.

PART II Procedure on Provision of Specimen of Breath

3 Provision of specimen of breath

3. (1) In this article—

" member of the Garda Síochána " means the member of the Garda Síochána who makes a requistion under sections 28, 30 or 33 of the Act or of whom a request is made;

" person " means a person on whom a requisition under sections 28, 30 or 33 of the Act is made or who makes a request;

" request " means a request made by an arrested person as provided in paragraph (a) of subsection (1) of section 36 of the Act;

" requisition under section 28 " means a requisition pursuant to subsection (1) of section 28 of the ct;

" requisition under section 30 or section 33 " means a requisition pursuant to paragraph (a) of subsection (1) of section 30 or paragraph (a) of subsection (1) of section 33 of the Act;

(2) (a) Where a requisition under section 28 or a request is made the member of the Garda Síochána shall provide to the person an apparatus designed for the purpose of indicating the presence of alcohol in the breath,

(b) where a requisition under section 30 or section 33 is made the member of the Garda Síochána shall provide to the person an apparatus designed for the purpose of showing the concentration of alcohol in the breath or blood,

(c) the member of the Garda Síochána providing an apparatus under this article shall ensure that the apparatus is free from alcohol,

(d) the person shall provide a specimen of his breath by exhaling breath from the lungs into the apparatus provided so that the part of the apparatus designed to collect a specimen of breath is filled.

PART III KEEPING OF RECORDS AND PROVISION OF EQUIPMENT BY THE BUREAU

4 Records of the Bureau

4. The Bureau shall keep records adequate for the performance of the functions assigned to it by or under the Act, and in particular a laboratory register in the form set out in the First Schedule.

5 Provision of equipment by Bureau

5. (1) The Bureau shall, from time to time, supply to the Garda Síochána—

(a) closed envelopes bearing the name of the Bureau and each containing the following:—

(i) two copies of the form of certificate set out in Part I of the Second Schedule,

(ii) one blood specimen tube containing such preservative and anticoagulant as the Director, with the approval of the Bureau, may from time to time determine,

(b) closed envelopes bearing the name of the Bureau and each containing the following:—

(i) two copies of the form of certificate set out in Part II of the Second Schedule,

(ii) one urine specimen tube containing such preservative as the Director, with the approval of the Bureau, may from time to time determine,

(c) (i) unused disposable syringes each complete with a venepuncture needle and each having a capacity of ten millilitres,

(ii) blood specimen tubes containing such preservative and anticoagulant as the Director, with the approval of the Bureau, may from time to time determine,

(iii) urine specimen tubes containing such preservative as the Director, with the approval of the Bureau, may from time to time determine,

(d) envelopes bearing the name and address of the Bureau.

(2) The syringes, needles and specimen tubes supplied under this article shall not contain alcohol and the syringes and needles shall be sterile.

(3) Before an envelope is supplied to the Garda Síochána pursuant to paragraph (a) or (b) of sub-article (1) of this article the Bureau shall comply with the following requirements:—

(a) an identification mark consisting of letters or numerals or a combination of both letters and numerals shall be printed or stamped in a prominent position on a label affixed to the specimen tube therein and on the copies of the form of certificate therein,

(b) the envelope shall have printed or stamped on it—

(i) where the envelope contains a blood specimen tube, the words " blood specimen tube " or

(ii) where the envelope contains a urine specimen tube, the words " urine specimen tube".

(4) An identification mark printed or stamped on a label affixed to a specimen tube in an envelope and on copies of the form of certificate in such envelope shall not be printed or stamped on any other label or form of certificate supplied by the Bureau.

PART IV PROCEDURE ON TAKING OR PROVISION OF SPECIMEN OF BLOOD OR URINE

6 Interpretation for the purposes of this Part

6. In this Part of these Regulations—

" the member of the Garda Síochána " means the member of the Garda Síochána then in charge of the Garda station.

7 Caution to be given to arrested person

7. Where an arrested person has been brought to a Garda station and a requisition under paragraph (b) of subsection (1) of section 30 or paragraph (b) of subsection (1) of section 33 of the Act, is made, the member of the Garda Síochána shall, in the presence of a medical practitioner, caution the arrested person in the following terms or in terms to the like effect:—

" Under the provisions of the Road Traffic Act, 1968 , you are obliged to permit a doctor designated by the Gardaí to take a specimen of your blood, or if you so prefer, to provide a specimen of your urine. I am now requiring you to comply with that obligation.

If you agree to provide a specimen of your urine, but fail to do so, then you may be required to permit a specimen of your blood to be taken.

If you do not permit a specimen of your blood to be taken by the designated doctor and refuse or fail to give him a specimen of your urine, then you may be prosecuted for an offence under—

subsection (3) of section 30 of the Road Traffic Act, 1968 ,

or subsection (3) of section 33 of the Road Traffic Act, 1968 .

In the event of such a prosecution you will have a good defence if you can satisfy the court either that—

(a) you requested and were refused the opportunity of providing a specimen of your breath, or

(b) there was a special and substantial reason for your refusal or failure to permit a specimen of your blood to be taken.

You have the following rights—

(a) you may, on request, either have an additional specimen of your blood taken by the designated doctor or be given a portion of the specimen of your urine so that you may have it analysed yourself, or

(b) you may, if you so wish, arrange for another doctor of your own choice to take an additional specimen of blood from you, or give him an additional specimen of your urine."

8 Taking of specimen of blood

8. (1) Where following a requisition under paragraph (b) of subsection (1) of section 30 or paragraph (b) of subsection (1) of section 33 of the Act a specimen of blood is to be taken, the provisions of this article shall apply.

(2) The member of the Garda Síochána shall, in the presence of the arrested person, hand to the medical practitioner a closed envelope supplied by the Bureau under paragraph (a) of sub-article (1) of article 5.

(3) The medical practitioner shall, in the presence of the arrested person and the member of the Garda Síochána—

(a) open the envelope and verify that the same identification mark is on the label affixed to the blood specimen tube and on the copies of the form of certificate to be completed by him under subsection (1) of section 43 of the Act,

(b) take from the arrested person by means of an unused disposable syringe supplied by the Bureau under Article 5 a specimen of venous blood which shall, as far as is practicable, amount to five millilitres,

(c) ensure that alcohol is not introduced into the specimen,

(d) eject the blood from the syringe into the blood specimen tube contained in the container and then stop the tube with the stopper provided,

(e) mix the preservative and anticoagulant thoroughly with the blood by repeated inversion of the stopped tube,

(f) complete and sign the form of certificate and place a copy of the certificate and the tube in an envelope supplied by the Bureau in accordance with paragraph (d) of sub-article (1) of article 5,

(g) close the envelope.

(4) Having complied with the provisions of sub-article (3) of this article, the medical practitioner shall hand the envelope and the signed certificate to the member of the Garda Síochána.

(5) After receipt of the envelope and certificate handed to him under sub-article (4) of this article, the member of the Garda Síochána shall, as soon as may be, despatch or arrange for the despatch of the envelope either by registered post or by hand to the Bureau.

9 Provision of specimen of urine

9. (1) Where following a requisition under paragraph (b) of subsection (1) of section 30 or paragraph (b) of subsection (1) of section 33 of the Act a specimen of urine is being provided, the provisions of this article shall apply.

(2) The arrested person shall empty his bladder and, after an interval of 30 minutes, he shall, within a further period of 30 minutes, provide a specimen of his urine in a recepticle given to him by the medical practitioner.

(3) The member of the Garda Síochána shall in the presence of the arrested person hand to the medical practitioner a closed envelope supplied by the Bureau under paragraph (b) of sub-article (1) of article 5.

(4) In the presence of the arrested person and the member of the Garda Síochána, the medical practitioner shall—

(a) open the envelope and verify that the same identification mark is on the label affixed to the urine specimen tube and on the copies of the form of certificate to be completed by him under subsection (1) of section 43 of the act,

(b) fill the urine specimen tube with the urine provided by the arrested person or, where the urine so provided is insufficient for this purpose, put the amount so provided into the tube and stop the tube with the stopper provided,

(c) mix the preservative thoroughly with the urine by repeated inversion of the stopped tube,

(d) complete and sign the form of certificate and place a copy of the certificate and the tube in an envelope supplied by the Bureau in accordance with paragraph (d) of sub-article (1) of article 5,

(e) close the envelope.

(5) Having complied with the provisions of sub-article (4) of this article, the medical practitioner shall hand the envelope and the signed certificate to the member of the Garda Síochána.

(6) After receipt of the envelope and certificate handed to him under sub-article (5) of this article, the member of the Garda Síochána shall, as soon may be, despatch or arrange for the despatch of the envelope either by registered post or by hand to the Bureau.

10 Procedure where several arrested persons are in Garda station

10. The medical practitioner shall comply fully with the requirements of sub-articles (3) and (4) of article 8 or of sub-articles (4) and (5) of article 9, as appropriate, in relation to a requisition made on an arrested person before such medical practitioner takes any action in relation to a requisition made on another arrested person.

11 Supply of additional specimen to arrested person

11. (1) Where, pursuant to paragraph (b) of subsection (1) of section 46 of the Act, an arrested person requests that he be supplied with an additional specimen of blood taken from him by the medical practitioner, the medical practitioner shall comply with the provisions of paragraphs (b) and (c) of sub-article (3) of article 8 and shall—

(a) eject the blood from the syringe into a blood specimen tube supplied by the Bureau under sub-paragraph (ii) of paragraph (c) of sub-article (1) of article 5 and stop the tube with the stopper provided,

(b) mix the preservative and anticoagulant thoroughly with the blood by repeated inversion of the stopped tube.

(2) Where, pursuant to paragraph (b) of subsection (1) of section 46 of the Act an arrested person requests that he be supplied with portion of a specimen of urine provided by him, the medical practitioner shall—

(a) fill a urine specimen tube supplied by the Bureau under sub-paragraph (iii) of paragraph (c) of sub-article (1) ofarticle 5 with urine provided by the arrested person pursuant to sub-article (2) of article 9, or, where the urine so provided is insufficient for the purpose, put portion of the amount so provided into the tube and stop the tube with the stopper provided,

(b) mix the preservative thoroughly with the urine by repeated inversion of the stopped tube.

(3) Having complied with the provisions of sub-article (1) or sub-article (2) of this article, the medical practitioner shall in the presence of the member of the Garda Síochána hand the stopped tube to the arrested person.

12 Medical practitioner's certificate

12. (1) The certificate to be given by a medical practitioner under subsection (1) of section 43 of the Act shall, where a specimen of blood has been taken, be in the form set out in Part I of the Second Schedule and shall certify as to the particulars therein.

(2) The certificate to be given by a medical practitioner under subsection (1) of section 43 of the Act shall, where a specimen of urine has been obtained, be in the form set out in Part II of the second Schedule and shall certify as to the particulars therein.

PART V RECEIPT AND ANALYSIS BY BUREAU OF SPECIMENS OF BLOOD OR URINE

13 Procedure on receipt by Bureau of specimens

13. (1) On receipt by the Bureau of an envelope despatched to it under article 8 or 9 an appropriate person shall—

(a) ascertain that the envelope was properly closed at the time of receipt,

(b) open the envelope and before opening any other envelope comply with the requirements of sub-article (2) of this article as respects the opened envelope.

(2) The appropriate person shall—

(a) verify that the same identification mark is on the label affixed to the tube containing the specimen of blood or urine and on the copy of the certificate completed by the medical practitioner,

(b) initial and date the label on the tube containing the specimen of blood or urine,

(c) place the copy of the certificate completed by the medical practitioner in a numbered file and write the name and address of the arrested person on the cover of the file.

(3) An appropriate person shall make the appropriate entries in relation to the specimen of blood or urine in the laboratory register kept pursuant to article 4.

14 Analysis of specimen

14. (1) The analysis of part of a specimen of blood or urine under subsection (2) of section 43 of the Act shall be carried out, subject to sub-articles (2) to (5) of this article, by an authorised person or persons, in such manner as the Director may, subject to any general directions given by the Bureau, from time to time determine.

(2) The part of the specimen necessary for any one process shall be taken by an authorised person from the tube containing the specimen, care being taken to ensure—

(a) that sufficient of the specimen is retained in the tube to enable a further analysis to be carried out under article 19 and that when the necessary part of the specimen has been taken the tube is again stopped,

(b) that all instruments used in the withdrawal of the part of the specimen are free from ethanol.

(3) The analysis shall be carried out by the separate processing of at least two portions of the specimen by gas chromatography.

(4) The authorised person or persons carrying out the analysis shall, during the progress of the work, make the appropriate entries in a form (hereinafter referred to as " the analyst's record") on which, prior to the commencement of the analysis, an appropriate person has entered the identification mark on the label affixed to the tube in which the specimen was received by the Bureau.

(5) The form of the analyst's record shall be determined from time to time by the Director, with the approval of the Bureau.

15 Retention of remainder of specimen

15. The remainder of a specimen of blood or urine retained pursuant to paragraph (a) of sub-article (2) of article 14 shall be preserved in a refrigerator for a period of forty days from the making of the analysis unless a further analysis is carried out pursuant to article 19.

16 Determination of concentration of alcohol in specimen

16. (1) On completion of the analysis under subsection (2) of section 43 of the Act of part of a specimen of blood or urine, the Bureau shall comply with the requirements of sub-article (2) of this article.

(2) (a) The analyst's record shall be inserted in the file referred to in paragraph (c) of sub-article (2) of article 13 relating to the specimen and the file shall be considered by the Director;

(b) the Director, having considered the analyst's record, shall determine the concentration of alcohol in the specimen and sign and issue a certificate under paragraph (a) of subsection (3) of section 43 of the Act,(hereinafter referred to as the " Director's certificate ") in the form set out in Part I or Part II of the Third Schedule as appropriate;

(c) the Director's certificate shall be issued to the member of the Garda Síochána in charge of the Garda station from which the specimen was forwarded;

(d) a statement under paragraph (b) of subsection (3) of section 43 of the Act in the form set out in Part I or Part II of the Fourth Schedule as appropriate shall be issued by registered post to the arrested person at the address indicated on the copy of the certificate completed by the medical practitioner;

(e) the analyst's record and a copy of the Director's Certificate shall be retained in the file relating to the specimen referred to in paragraph (c) of sub-article (2) of article 13:

(f) an appropriate person shall make the appropriate entries in relation to the specimen of blood or urine in the laboratory register kept pursuant to article 4.

17 Equivalence of concentration of alcohol in specimen of urine to concentration of alcohol in the blood

17. Where it has been determined in accordance with these Regulations that a specimen of urine contains a concentration of alcohol of a stated number of milligrammes per 100 millilitres of urine the equivalent concentration of alcohol in the blood shall be three-fourths of that number of milligrammes per 100 millilitres.

PART VI REQUISITION FOR FURTHER ANALYSIS

18 Requisition for further analysis of specimen

18. (1) The period within which a requisition may be made to the Bureau under section 45 of the Act to have an analysis and determination made under that section in respect of the remainder of a specimen shall be the period of fourteen days commencing on the date on which the statement referred to in paragraph (d) of sub-article (2) of article 16 is posted to the person to whom the specimen relates.

(2) A requisition to have a further analysis and determination made under section 45 of the Act shall be made in writing and shall be accompanied by the fee specified in sub-article (3) of this article.

(3) The fee payable to the Bureau for a further analysis and determination under section 45 of the Act shall be five pounds.

(4) The period within which a request may be made to have an analysis and determination under section 45 of the Act made in the presence of a person making a requisition under that section, or in the presence of a person nominated by him, shall be the period specified in sub-article (1) of this article. Such a request shall be made in writing at the same time as the requisition referred to in sub-article (1) of this article.

19 Further analysis of specimen

19. (1) Where a requisition has been duly made under section 45 of the Act the Bureau shall comply with the provisions of this article.

(2) (a) The Director shall appoint an authorised person (in this article referred to as the appointed person) to analyse portion of the remainder of the specimen of blood or urine relating to the person who made the requisition (in this article referred to as the applicant);

(b) where a request has been made pursuant to sub-article (4) of article 18, the applicant shall be given seven clear days notice by registered post, the first of such days to be the day following the day of posting of such notice, of the place, date and time at which the analysis and determination are to be made.

(3) The analysis of portion of the specimen of blood or urine under subsection (1) of section 45 of the Act shall be carried out subject to sub-article (4) of this article by the appointed person in such manner as the Director may, subject to any general direction given by the Bureau from time to time, determine.

(4) The appointed person shall analyse portion of the remainder of the specimen in accordance with the provisions of sub-articles (2) to (5) of article 14 other than paragraph (a) of sub-article (2) of that article.

(5) On completion of the analysis the appointed person shall determine the concentration of alcohol in the specimen for the purposes of subsection (1) of section 45 of the Act and shall sign and issue a certificate in the form set out in Part I or Part II of the Fifth Schedule as appropriate and the following requirements shall be complied with—

(a) the certificate shall be issued to the member of the Garda Síochána in charge of the Garda station from which the specimen of blood or urine was forwarded,

(b) a statement in the form set out in Part I or Part II of the Sixth Schedule as appropriate shall be handed to the applicant at his request if he is present at the analysis, otherwise it shall be sent by registered post to him at the address furnished on his requisition,

(c) a copy of the certificate shall be placed on the file referred to in paragraph (c) of sub-article (2) of article 13 relating to the specimen,

(d) an appropriate person shall make the appropriate entries in relation to the specimen of blood or urine in the laboratory register kept pursuant to article 4.

FIRST SCHEDULE

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

LABORATORY REGISTER

1. File Number

2. Date of receipt of envelope containing specimen

3. Was envelope properly closed on receipt?

4. Was same identification mark on copy of certificate and on label on specimen tube ?

5. Identification mark on copy of certificate and on label of specimen tube

6. Name and address of arrested person as shown on copy of certificate

7. Type of specimen

8. Initials of person who carried out prescribed procedure on receipt of specimen

9. Date of analysis of specimen

10. Concentration of alcohol in specimen as determined by the Director and, in the case of urine specimen, equivalent concentration of alcohol in the blood

11. Date of forwarding Director's certificate to Garda Station

12. Date of issue of prescribed statement to arrested person

13. Date of receipt of requisition (and fee) for second analysis

14. Did requisition include a request that second analysis be carried out in the presence of the applicant or of a person nominated by him?

15. Date of notification to applicant of the place etc. at which the second analysis sand determination is to be made

16. Date of second analysis

17. Concentration of alcohol in specimen as determination by authorised person, and in the case of a urine specimen equivalent concentration of alcohol in the blood

18. Date of issue to Garda station of certificate relating to second analysis

19. Date of issue to applicant of result of second analysis

SECOND SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

CERTIFICATE OF DESIGNATED REGISTERED MEDICAL PRACTITIONER

Identification Mark

......................................

(To be completed in block letters)

I,............................................................ ............................................................ .........................hereby certify that—

(a) the specimen of venous blood contained in the blood specimen tube bearing the identification mark indicated at the head of this certificate was taken by me from—

(Name given by arrested person

to member of the Garda Síochána

or medical practitioner)............................................................ ....................................of

(Address)............................................................ .................................................

............................................................ ....................................................

at......................................................a.m./p.m. on the................................................day of..................................,19....

in............................................................ .............................................Garda Station ;

(b) the requirements of sub-article (2) and of paragraphs (a), (b), (c) (d) and (e) of sub-article (3) of article 8 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, were complied with in relation to the specimen.

This certificate is issued under subsection (1) of section 43 of the Road Traffic Act, 1968 .0

............................................................ ..............................................

(Signature of designated registered medical practitioner)

............................................................ ......................19....................

(Date)

SECOND SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

CERTIFICATE OF DESIGNATED REGISTERED MEDICAL PRACTITIONER

Identification Mark

...........................................................

(To be completed in block letters)

I,............................................................ ............................................................ ....................... hereby certify that—

(a) the specimen of urine contained in the urine specimen tube bearing the identification mark indicated at the head of this certificate was provided by—

(Name given by arrested person to member of Garda Síochána or medical practitioner)............................................................ ................................................ of

(Address)............................................................ ....................................................

............................................................ ............................................................ .........

at...................................a.m./p.m. on the......................................day of...............,19.....

in............................................................ .........................................Garda Station ;

(b) the requirements of sub-article (3) and of paragraphs (a), (b) and (c) of sub-article (4) of article 9 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, were complied with in relation to the specimen.

This certificate is issued under subsection (1) of section 43 of the Road Traffic Act, 1968 ,

............................................................ ......................................

(Signature of designated registered medical practitioner)

............................................................ ...............................19..........

(Date)

THIRD SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

DIRECTOR'S CERTIFICATE

I,. ............................................................ ............................................................ .......................hereby certify that—

(a) (i) a blood specimen tube with a label bearing the identification mark................affixed and two copies of the form of certificate to be completed by a designated registered medical practitioner bearing the same identification mark were supplied to the Garda Síochána in a closed envelope ;

(ii) the identification mark referred to in sub-paragraph (i) was not printed or stamped on any other label or form of certificate supplied by the Bureau ;

(iii) the blood specimen tube referred to in sub-paragraph (i) did not contain alcohol and contained only preservative and anticoagulant approved by the Bureau ;

(iv) the blood specimen tube referred to in sub-paragraph (i) and the copy of the certificate completed by the designated registered medical practitioner were returned in a closed envelope to the Bureau and were received by the Bureau on the..........day of.......................................,19................ ;

(v) the envelope was properly closed at the time of receipt ;

(vi) the blood specimen tube contained a specimen of blood and the label affixed to the tube bore the same identification mark as the copy of the certificate referred to in sub-paragraph (iv) ;

(vii) the name and address of the arrested person and the time and place of taking the specimen as stated on the copy of the certificate referred to in sub-paragraph (iv) were—

Name............................................................ ....................................

Address............................................................ ................................

............................................................ .....................................

Time..............................a.m./p.m., on the..................day of............,19...

Place............................................................ ............... Garda Station ;

(b) the requirements of article 14 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 have been complied with in relation to the analysis of the specimen of blood referred to above ;

(c) on consideration of the analyst's record, I have determined that the specimen contained a concentration of alcohol of .......... milligrammes per 100 millilitres of blood ;

(d) the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 have been complied with.

This certificate is issued under paragraph (a) of subsection (3) of section 43 of the Road Traffic Act, 1968 .

............................................................ ...............................

Director, Medical Bureau of Road Safety.

............................................................ ...............................

File No....................................................

............................................................ ..............................

(Date)

THIRD SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

DIRECTOR'S CERTIFICATE

I,............................................................ ............................................................ .............................hereby certify that—

(a) (i) a urine specimen tube with a label bearing the identification mark................affixed and two copies of the form of certificate to be completed by a designated registered medical practitioner bearing the same identification mark were supplied to the Garda Síochána in a closed envelope ;

(ii) the identification mark referred to in sub-paragraph (i) was not printed or stamped on any other label or form of certificate supplied by the Bureau ;

(iii) the urine specimen tube referred to in sub-paragraph (i) did not contain alcohol and contained only preservative approved by the Bureau ;

(iv) the urine specimen tube referred to in sub-paragraph (i) and the copy of the certificate completed by the designated registered medical practitioner were returned in a closed envelope to the Bureau and were received by the Bureau on the..........day of................., 19.......... ;

(v) the envelope was properly closed at the time of receipt ;

(vi) the urine specimen tube contained a specimen of urine and the label affixed to the tube bore the same identification mark as the copy of the certificate referred to in sub-paragraph (iv) ;

(vii) the name and address of the arrested person and the time and place at which the specimen was provided as stated on the copy of the certificate referred to in sub-paragraph (iv) were—

Name............................................................ ................................................

Address............................................................ ...........................................

............................................................ .................................................

Time.........................a.m./p.m., on the....................................day of..., 19......

Place .......................... Garda Station ;

(b) the requirements of article 14 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 have been complied with in relation to the analysis of the specimen of urine referred to above ;

(c) on consideration of the analyst's record, I have determined that the specimen of urine contained a concentration of alcohol of .................... milligrammes per 100 millilitres of urine, which in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 is equivalent to a concentration of alcohol of .................. milligrammes per 100 millilitres of blood;

(d) the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 have been complied with.

This certificate is issued under paragraph (a) of subsection (3) of section 43 of the Road Traffic Act, 1968 .

............................................................ ..............................

Director, Medical Bureau of Road Safety.

File No....................................................

............................................................ ..............................

(Date)

FOURTH SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON A SPECIMEN OF WHOSE BLOOD HAS BEEN ANALYSED

(1) This statement is issued in compliance with the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 and of paragraph (d) of sub-article (2) of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

(2) A specimen of blood taken from you has been analysed under section 43 of the Road Traffic Act, 1968 . It has been determined that the specimen of blood contained the concentration of alcohol shown at the foot on this statement.

A certificate containing the result of the determination is being issued to the Garda Síochána.

(3) Under section 45 of the Road Traffic Act, 1968 , you may require the Bureau to have a portion of the remainder of the specimen of blood taken from you analysed and to have the concentration of alcohol in it determined. Under the Road Traffic Act, 1968 (Part V) Regulations, 1969, a requisition for a second analysis and determination may be made in writing to the Bureau within the period of 14 days commencing on the date on which this statement was posted to you. The requisition should quote the file number at the foot of this statement and must be accompanied by a fee of £5 0s. 0d. If you so request at the same time in writing, the second analysis and determination will be made in your presence or in the presence of a person nominated by you. A certificate containing the result of the second determination will be issued to the Garda Síochána and a statement containing the result of that determination will be handed to you at your request if you are present at the analysis and determination, otherwise it will be forwarded to you by registered post. If the certificate issued to the Garda Síochána following the second determination specifies a concentration of alcohol lower than that specified in the certificate referred to in paragraph (2) of this statement, the latter certificate will be read as if the lower figure were substituted for the figure specified in it.

To:

Name............................................................ ............................................................ ................

Address............................................................ ............................................................ ..............

............................................................ ............................................................ ..............

Time and place

at which.............................................a.m./p.m., on the............................................day of............19....

specimen was

taken    ............................................................ .....................................Garda Station

RESULT OF THE ANALYSIS OF THE SPECIMEN OF BLOOD TAKEN FROM YOU

It has been determined that the specimen contained a concentration of.......................... alcohol of milligrammes per 100 millilitres of blood.

............................................................ ...

Director,

Medical Bureau of Road Safety.

File No....................................................

............................................................ ..............................

(Date)

FOURTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON A SPECIMEN OF WHOSE URINE HAS BEEN ANALYSED

(1) This statement is issued in compliance with the requirements of paragraph (b) of subsection (3) of section 43 of the Road Traffic Act, 1968 and of paragraph (d) of sub-article (2) of article 16 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

(2) A specimen of urine provided by you has been analysed under section 43 of the Road Traffic Act, 1968 . It has been determined that the specimen of urine contained the concentration of alcohol shown at the foot of this statement.

A certificate containing the result of the determination is being issued to the Garda Síochána.

(3) Under section 45 of the Road Traffic Act, 1968 , you may require the Bureau to have a portion of the remainder of the specimen of urine provided by you analysed and to have the concentration of alcohol in it determined. Under the Road Traffic Act, 1968 (Part V) Regulations, 1969 a requisition for a second analysis and determination may be made in writing to the Bureau within the period of 14 days commencing on the date on which this statement was posted to you. The requisition should quote the file number at the foot of this statement and must be accompanied by a fee of £5 0s. 0d. If you so request at the same time in writing, the second analysis and determination will be made in your presence or in the presence of a person nominated by you. A certificate containing the result of the second determination will be issued to the Garda Síochána and a statement containing the result of that determination will be handed to you at your request if you are present at the analysis and determination, otherwise it will be forwarded to you by registered post. If the certificate issued to the Garda Síochána following the second determination specifies a concentration of alcohol lower than that specified in the certificate referred to in paragraph (2) of this statement, the latter certificate will be read as if the lower figure were substituted for the figure specified in it.

To:

Name............................................................ ............................................................ ....................

Address............................................................ ............................................................ ..............

............................................................ ............................................................ ...............

Time and

place at

which    ...............................a.m./p.m., on the.............................day of...........................19...

specimen was

provided............................................................ ............................................................ .Garda Station ;

RESULT OF THE ANALYSIS OF THE SPECIMEN OF URINE PROVIDED BY YOU

It has been determined that the specimen of urine contained a concentration of alcohol of..........milligrammes per 100 millilitres of URINE which, in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 is equivalent to a concentration of alcohol of..........milligrammes per 100 millilitres of BLOOD.

..........................................................

Director,

Medical Bureau of Raod Safety.

File No. ...................................................

............................................................ ..............................

(Date)

FIFTH SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

CERTIFICATE TO BE ISSUED FOLLOWING A SECOND ANALYSIS AND DETERMINATION OF A SPECIMEN OF BLOOD

I hereby certify that—

(i) pursuant to a requisition made by the person whose name and address appears at the foot of this certificate, hereinafter referred to as the applicant, under subsection (1) of section 45 of the Road Traffic Act, 1968 , I was appointed by the Director of the Bureau to analyse portion of the remainder of the specimen of blood contained in a specimen tube to which was affixed a label bearing the identification mark........

(ii) the analysis was carried out by me

*in the presence of the applicant

*in the presence of............................................................ ..................................who was nominated by the applicant to be present ;

*Strike out if not applicable

(iii) on completion of the analysis I have determined that the specimen of blood contained a concentration of alcohol of..........milligrammes per 100 millilitres of blood ;

(iv) the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 have been complied with.

This certificate is issued under paragraph (a) of subsection (2) of section 45 of the Road Traffic Act, 1968 .

............................................................ .......................

Authorised person,

Medical Bureau of Road Safety.

............................................................ ..........19..........

(Date)

File No....................

NAME AND ADDRESS OF PERSON WHO MADE REQUISITION

Name............................................................ ..........................

Address............................................................ ....................

............................................................ ...................

............................................................ ....................

FIFTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

CERTIFICATE TO BE ISSUED FOLLOWING A SECOND ANALYSIS AND DETERMINATION OF A SPECIMEN OF URINE

I hereby certify that—

(i) pursuant to a requisition made by the person whose name and address appears at the foot of this certificate, hereinafter referred to as the applicant, under subsection (1) of section 45 of the Road Traffic Act, 1968 , I was appointed by the Director of the Bureau to analyse portion of the remainder of the specimen of urine contained in a specimen tube to which was affixed a label bearing the identification mark................

(ii) the analysis was carried out by me

* in the presence of the applicant

* in the presence of...........................who was nominated by the applicant to be present ;

*Strike out if not applicable

(iii) on completion of the analysis I have determined that the specimen of urine contained a concentration of alcohol of..........milligrammes per 100 millilitres of urine which, in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969, is equivalent to a concentration of alcohol of..........milligrammes per 100 millilitres of blood ;

(iv) the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 have been complied with.

This certificate is issued under paragraph (a) of subsection (2) of section 45 of the Road Traffic Act, 1968 .

............................................................ ..............

Authorised person,

Medical Bureau of Road Safety.

............................................................ .....19..........

(Date)

File No....................

NAME AND ADDRESS OF PERSON WHO MADE REQUISITION

Name............................................................ ............................................

Address............................................................ ......................................

............................................................ ......................................

............................................................ ......................................

SIXTH SCHEDULE—PART I

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON, A SPECIMEN OF WHOSE BLOOD HAS BEEN ANALYSED PURSUANT TO SUBSECTION (1) OF SECTION 45 of THE ROAD TRAFFIC ACT, 1968

Pursuant to a requisition made by you under subsection (1) of section 45 of the Road Traffic Act, 1968 , a portion of the remainder of a specimen of blood taken from you has been analysed and it has been determined that the specimen of blood contained a concentration of alcohol of..........milligrammes per 100 millilitres of blood.

This statement is issued in compliance with the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 and paragraph (b) of sub-article (5) of article 19 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

............................................................ ...................

Authorised person,

Medical Bureau of Road Safety.

............................................................ .......19..........

(Date)

File No....................

To:

Name............................................................ .....................................

Address............................................................ ................................

............................................................ ................................

............................................................ ................................

SIXTH SCHEDULE—PART II

ROAD TRAFFIC ACT, 1968 (PART V) REGULATIONS, 1969

STATEMENT TO BE ISSUED BY THE MEDICAL BUREAU OF ROAD SAFETY TO A PERSON, A SPECIMEN OF WHOSE URINE HAS BEEN ANALYSED PURSUANT TO SUBSECTION (1) OF SECTION 45 of THE ROAD TRAFFIC ACT, 1968

Pursuant to a requisition made by you under subsection (1) of section 45 of the Road Traffic Act, 1968 , a portion of the remainder of a specimen of urine provided by you has been analysed and it has been determined that the specimen of urine contained a concentration of alcohol of..........milligrammes per 100 millilitres of urine, which in accordance with article 17 of the Road Traffic Act, 1968 (Part V) Regulations, 1969 is equivalent to a concentration of alcohol of............milligrammes per 100 millilitres of blood.

This statement is issued in compliance with the requirements of paragraph (b) of subsection (2) of section 45 of the Road Traffic Act, 1968 and paragraph (b) of sub-article (5) of article 19 of the Road Traffic Act, 1968 (Part V) Regulations, 1969.

............................................................ ....................

Authorised person,

Medical Bureau of Road Safety.

............................................................ ....19..........

(Date)

File No....................

To:

Name............................................................ .......................................................

Address............................................................ .................................................

............................................................ ................................................

............................................................ ................................................

GIVEN under the Official Seal of the Minister for Local Government this 14th day of October, 1969.

CAOIMHGHÍN Ó, BEOLÁIN.

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

These Regulations are to implement the provisions of Part V of the Road Traffic Act, 1968 dealing with the offences of driving, attempting to drive or being in charge of a mechanically propelled vehicle while under the influence of alcohol.

The Regulations specify the procedures to be followed in relation to the application of breath, blood and urine tests and the subsequent analysis of blood and urine specimens by the Medical Bureau of Road Safety established under the Act.