Road Traffic Act, 1933

Production of driving licences on demand by member of Gárda Síochána.

39.—(1) Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of his driving licence, and if such person refuses or fails to produce such licence there and then he shall, unless within five days after the date on which such production was demanded he produces his licence in person to a member of the Gárda Síochána at a Gárda Síochána station to be named by such person at the time at which such production was so demanded, be guilty of an offence under this section.

(2) Whenever any person of whom the production of his driving licence is lawfully demanded under this section produces such licence, but refuses or fails to permit the member of the Gárda Síochána making such demand to read such licence, he shall be guilty of an offence under this section.

(3) Whenever any person of whom the production of his driving licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails or refuses to permit the member of the Gárda Síochána making the demand to read such licence, or whenever any person produces his driving licence at a Gárda Síochána station in accordance with the provisions of sub-section (1) of this section but fails or refuses to permit the member of the Gárda Síochána to whom such licence is so produced to read it, such member may demand of such person his name and address and if such person refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.

(4) Any member of the Gárda Síochána may arrest without warrant—

(a) any person who in pursuance of this section produces his driving licence to such member but refuses or fails to permit such member to read it, or

(b) any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or an address which is known to such member to be false or misleading.

(5) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) A person who, when producing a driving licence to a member of the Gárda Síochána in pursuance of this section, permits such member to see and read so much of such licence as contains the name, address, and signature (if any) of the person to whom such licence was granted, the date on which it was granted, and the licensing authority by whom it was granted shall for the purposes of this section be deemed to have permitted such member to read such licence.

(7) A person who, when the production of his driving licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of this section.