Road Traffic Act 1994

PART VII

Miscellaneous

Powers of entry.

39

39. (1) A member of the Garda Síochána may for the purpose of arresting a person under section 106 (3A) (inserted by this Act) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be and, in case the place is a dwelling, the member shall not so enter unless he or another such member has observed the person enter the dwelling concerned.

(2) A member of the Garda Síochána may for the purpose of F42 [ making a requirement of the person under section 12(2) of this Act or section 4(4) of the Road Traffic Act 2006 , or ] arresting a person under section 49 (8) or 50 (10) of the Principal Act, enter without warrant (if need be by use of reasonable force) any place (including the curtilage of a dwelling but not including a dwelling) where the person is or where the member, with reasonable cause, suspects him to be.

(3) A member of the Garda Síochána may, for the purpose of making a requirement of a person under subsection (1) of section 15 , enter without warrant any hospital where the person is or where the member, with reasonable cause, suspects him to be.

(4) A designated doctor may, for the purpose of taking from a person a specimen of his blood or being provided by a person with a specimen of his urine under subsection (1) of section 15, enter any hospital where the person is or where the doctor is informed by a member of the Garda Síochána that the person is.

Annotations:

Amendments:

F42

Inserted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 31, S.I. No. 543 of 2011, as substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(h), S.I. No. 542 of 2011.

F43

Repealed by Road Traffic Act 2010 (25/2010), s. 33(d), not commenced as of date of revision.

Modifications (not altering text):

C38

Prospective affecting provision: subss. (2)-(4) repealed by Road Traffic Act 2010 (25/2010), s. 33(d), not commenced as of date of revision.

(2) F43 [ ]

(3) F43 [ ]

(4) F43 [ ]