Defence Act 1954

Negligent or furious driving of service vehicles.

159

159. (1) Every person subject to military law—

( a) who, having the charge of a service vehicle, by wanton or furious driving or racing or other wilful misconduct or by wilful neglect, does or causes to be done any bodily injury to any person or damage to any property, or

( b) who drives a service vehicle on a street, road, highway or any other place, whether public or private, in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or

( c) who drives or attempts to drive a service vehicle while he is F121 [ under the influence of an intoxicant ],

is guilty of an offence against military law and shall, F122 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F123 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

F121 [ (2) For the purposes of paragraph ( c ) of subsection (1) of this section a person shall be deemed to have been under the influence of an intoxicant while driving or attempting to drive a service vehicle if

( a ) the officer investigating the charge under Chapter IV of this Part, or

( b ) the summary court-martial or, in the case of a general court-martial or limited court-martial, the court-martial board,

is satisfied that such person was, by reason of the taking by him of an intoxicant, in such a condition that he was incapable of exercising effective control of such vehicle while in motion. ]

Annotations:

Amendments:

F121

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2), sch. 2, S.I. No. 254 of 2008.

F122

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F123

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4 (e), commenced on enactment.