Road Traffic Act 1961
Unauthorised interference with mechanism of vehicle.
113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary F304[…], or get on or into or attempt to get on or into the vehicle while it is so stationary.
F305[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F306[a fine not exceeding €2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]
(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing F307[or has committed] an offence under this section, he may arrest the person without warrant.
(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.
(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.
Annotations
Amendments:
F304
Deleted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(8)(a), commenced on enactment.
F305
Substituted (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(8)(b), commenced on enactment.
F306
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 28, S.I. No. 86 of 2007. A fine of €2,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.
F307
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. of 169 of 1968.
F308
Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 28(a), (b), not commenced as of date of revision.
Modifications (not altering text):
C100
Prospective affecting provision: subss. (1), (4) amended by Road Traffic and Roads Act 2023 (16/2023), s. 28(a), (b), not commenced as of date of revision.
113.—(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a F308[vehicle] while it is stationary F304[…], or get on or into or attempt to get on or into the vehicle while it is so stationary.
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(4) This section shall not apply to a person taking, in relation to a F308[vehicle] which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.
...
Editorial Notes:
E1295
Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 29, S.I. No. 491 of 2002. Fine increased as per F-note above.