Road Traffic Act 2010

19.

Written statement by member of Garda Síochána in respect of requirement under section 12(1).

19.— (1) In any proceedings against a person for an offence under section 4 or 5 , a written statement by a member of the Garda Síochána in respect of either the making of a requirement F39 [ under section 12(1), 13B(1), 14(1) or 14(3A) ] or carrying out a procedure under those subsections, or both, shall, if the conditions mentioned in subsection (2) are satisfied, until the contrary is shown, be sufficient evidence of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member with the requirements imposed on him or her F39 [ under section 12(1), 13B(1), 14(1) or 14(3A) ] , as the case may be.

(2) The conditions referred to in subsection (1) are—

( a) the statement purports to be signed by the member of the Garda Síochána who made it,

( b) the statement contains a declaration by that member of the Garda Síochána to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement, and

( c) a copy of the statement is served on the accused.

(3) A copy of a statement required by this section to be served on a person may, be served—

( a) by delivering it to him or her,

( b) by addressing it to him or her and leaving it at his or her usual or last known residence or place of business, or

( c) by sending it by registered post to him or her at his or her usual or last known residence or place of business.

Annotations:

Amendments:

F39

Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 16, S.I. No. 129 of 2017.

Editorial Notes:

E34

Previous affecting provision: subs. (1) amended (26.11.2014) by Road Traffic Act (3/2014), s. 12(e), S.I. No. 535 of 2014; substituted as per F-note above.