Road Traffic Act 1994

Procedure at Bureau regarding specimens.

19

19. (1) As soon as practicable after it has received a specimen forwarded to it under section 18 , the Bureau shall analyse the specimen and determine the concentration of alcohol or (as may be appropriate) the presence of a drug or drugs in the specimen.

(2) Where the Bureau receives 2 specimens of blood so forwarded together in relation to the same person or 2 specimens of urine so forwarded together in relation to the same person, it shall be sufficient compliance with subsection (1) for the Bureau to make an analysis of and determination in relation to one of the 2 specimens of blood or (as may be appropriate) one of the 2 specimens of urine.

(3) As soon as practicable after compliance with subsection (1), the Bureau shall forward to the Garda Síochána station from which the specimen analysed was forwarded a completed certificate in the form prescribed for the purpose of this section and shall forward a copy of the completed certificate to the person who is named on the relevant form under section 18 as the person from whom the specimen was taken or who provided it.

(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:

F20

Repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: section repealed by Road Traffic Act 2010 (25/2010), s. 33(c), not commenced as of date of revision.

19. F20 [ ]

Editorial Notes:

E57

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).

E58

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.

E59

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.