Road Traffic Act 1994

Procedure regarding taking of specimens of blood and provision of specimens of urine.

18

18. F18 [ (1) Where under this Part a designated doctor or designated nurse has taken a specimen of blood from a person or has been provided by the person with a specimen of his or her urine, the doctor or nurse shall divide the specimen into 2 parts, place each part in a container which he or she shall immediately seal and complete the form prescribed for the purposes of this section. ]

(2) Where a specimen of blood or urine of a person has been divided into 2 parts pursuant to subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers together with a statement in writing indicating that he may retain either of the containers.

(3) As soon as practicable after subsection (2) has been complied with, a member of the Garda Síochána shall cause to be forwarded to the Bureau the completed form referred to in subsection (1), together with the relevant sealed container or, where the person has declined to retain one of the sealed containers, both relevant sealed containers.

(4) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Annotations:

Amendments:

F18

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(e), commenced on enactment.

F19

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C21

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

18. F19 [ ]

Editorial Notes:

E54

Power pursuant to section exercised (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010).

E55

Previous affecting provision: power pursuant to section exercised (1.05.2001) by Road Traffic Act 1994 (Part III) (Amendment) Regulations 2001 (S.I. No. 173 of 2001); revoked (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.

E56

Previous affecting provision: power pursuant to section exercised (2.12.1994) by Road Traffic Act 1994 (Part III) Regulations 1994 (S.I. No. 351 of 1994); reg. 5 revoked (1.09.2010) by Road Traffic Act 1994 (Section 22) (Costs and Expenses) Regulations 2010 (S.I. No. 435 of 2010), reg. 4; revoked other than reg. 5 (11.10.2010) by Road Traffic Act 1994 (Sections 18 and 19) (Prescribed Forms) Regulations 2010 (S.I. No. 434 of 2010), reg. 5.