Road Traffic Act 2010

3.

Interpretation — Part 2.

3.— (1) In this Part—

F1 [ analysis includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, the concentration of a drug specified in column (2) of the Schedule in a specimen of blood and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly; ]

“Bureau” has the meaning assigned to it by section 37(1) of the Act of 1968;

“category”, in relation to a vehicle referred to in the definition of “specified person”, means a category of vehicle referred to in Regulation 6 of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006);

“designated” means designated by a member of the Garda Síochána;

“doctor” means a person registered in the F2 [ register of medical practitioners ] established under section 43(1) of the Medical Practitioners Act 2007;

“first driving licence” means a driving licence issued by a licensing authority to a person who has not previously held a driving licence;

“impairment test regulations” means regulations made under section 11(3) ;

“impairment tests” means tests prescribed under impairment test regulations;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;

F3 [ medical exemption certificate has the meaning given to it by section 4(1B) ; ]

“nurse” means a person registered in the register of nurses established under section 27 of the Nurses Act 1985;

F4 [ specified person means a person who at the time of an alleged offence under section 4 or 5

( a ) is the holder of a learner permit permitting the holder to drive a vehicle of the category concerned,

( b ) is the holder of a first driving licence licensing the holder to drive a vehicle of the category concerned within a period of 2 years from the date of its issue,

( c ) is the holder of a driving licence licensing the holder to drive a vehicle in the category C, C1, D, D1, EB, EC, EC1, ED, ED1 or W while driving, attempting to drive or being in charge of such a vehicle,

F5 [ (d) is the holder of a licence to drive a small public service vehicle granted under section 9 of the Taxi Regulation Act 2013, while driving, attempting to drive or being in charge of a small public service vehicle when the vehicle is being used in the course of carrying on business, ]

F6 [ (da) not being the holder of a licence to drive a small public service vehicle, purports to be or acts as such holder, while driving, attempting to drive or being in charge of a vehicle for the carriage of persons for reward, or ]

( e ) does not hold a driving licence licensing the holder to drive a vehicle of the category concerned. ]

(2) Where a person holds a driving licence referred to in paragraph (c) or (d) of the definition of “specified person” in subsection (1) it is presumed, until the contrary is shown, that the person was driving at the time of the alleged offence a vehicle of the category concerned or a small public service vehicle being used in the course of business.