Road Traffic Act 2010

15.

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

15.— (1) Where under this Chapter 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, as the case may be, 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 F31 [ (other than a specimen taken under section 14(3A)) ] or urine of a person has been divided into 2 parts under subsection (1), a member of the Garda Síochána shall offer to the person one of the sealed containers and inform the person that he or she may retain either of the containers.

F32 [ (3) As soon as practicable after

(a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or

(b) in the case of any other specimen, subsection (2) has been complied with,

a member of the Garda S í och á na shall cause to be forwarded to the Bureau

(i) the completed form referred to in subsection (1),

(ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both sealed containers. ]

(4) In a prosecution for an offence under this Chapter or under section 4 or 5 , it shall be presumed until the contrary is shown that subsections (1) to (3) have been complied with.

Annotations:

Amendments:

F31

Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(b)(i), S.I. No. 535 of 2014.

F32

Substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 12(b)(ii), S.I. No. 535 of 2014.

Editorial Notes:

E29

Power pursuant to s. 17 exercised (13.04.2017) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) (Amendment) Regulations 2017 (S.I. No. 151 of 2017), in effect as per reg. 1(2).

E30

Power pursuant to section exercised (28.10.2011) by Road Traffic Act 2010 (Sections 15 and 17) (Prescribed Forms) Regulations 2011 (S.I. No. 540 of 2011), regs. 4, 5 and sch. 2, in effect as per reg. 1(2).