Road Traffic Act 2010

11.

Preliminary impairment testing.

F18 [ 11. (1) Where a member of the Garda S í och á na is of the opinion that a person driving or attempting to drive a mechanically propelled vehicle, or in charge of a mechanically propelled vehicle with intent to drive or attempt to drive, in a public place is under the influence of an intoxicant, he or she may require the person to accompany him or her, or another member of the Garda S í och á na, to a place at, or in the vicinity of, the public place concerned and there to perform tests ( impairment tests ), in accordance with regulations made under this section, in his or her presence or in the presence of another member and in the manner indicated by him or her, or that other member, for the purpose of assessing whether or not the person s ability to drive is impaired.

(2) Where a person is arrested under

( a ) section 4(8), 5(10), 9(4) , or 10(7) of this Act, or

( b ) section 52(3), 53(5), 106(3A) or 112(6) of the Principal Act,

having driven, attempted to drive, or been in charge of a mechanically propelled vehicle, a member of the Garda S í och á na may, within 3 hours after the person so driving, attempting to drive or being in charge of the vehicle, at a Garda S í och á na station, require the person to perform impairment tests in accordance with regulations made under this section for the purpose of assessing whether or not the person s ability to drive is impaired.

(3) Evidence obtained under subsection (1) or (2) that a person s ability to drive is impaired shall be evidence for the purposes of sections 4 and 5 that the person is incapable of having proper control of a mechanically propelled vehicle.

(4) For the purposes of subsections (1) and (2) the Minister may prescribe

( a ) the kinds of impairment tests that may be required to be performed,

( b ) the manner in which such a test may be administered,

( c ) instructions to be given to a person performing such a test,

( d ) the kind of observation of physical state that may be made in the course of such a test,

( e ) the inferences that may be drawn from observations made in the course of such a test, and

( f ) a form on which the observations made and inferences drawn in the course of such a test may be recorded and by which impairment may be assessed.

(5) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) A member of the Garda S í och á na may arrest without warrant a person who in the member s opinion is committing or has committed an offence under this section consisting of failing to comply with a requirement under subsection (1) .

(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. ]

Annotations:

Amendments:

F18

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 11, S.I. No. 129 of 2017.

Modifications (not altering text):

Editorial Notes:

E21

Power pursuant to subs. (4) exercised (8.08.2017) by Road Traffic Act 2010 (Impairment Testing) (Amendment) Regulations 2017 (S.I. No. 370 of 2017).

E22

Power pursuant to subs. (3) exercised (26.11.2014) by Road Traffic Act 2010 (Impairment Testing) Regulations 2014 (S.I. No. 534 of 2014).

E23

Consequential disqualification order for offence under section provided by Road Traffic Act 1961, s. 26(1) and sch. 2 para. 5A, as inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(i), S.I. No. 147 of 2014.

E24

Previous affecting provision: section substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 11, S.I. No. 536 of 2014; substituted by F-note above.