Road Traffic Act 2010

Chapter 3

Roadside breath and impairment testing

8.

F10 [ Failure or refusal to produce licence.

8 . (1) Where a person is required by a member of the Garda S í och á na to provide a specimen under section 9, 10, 12 or 14 and the person fails or refuses, at the demand of the member under section 40 of the Principal Act, to produce and present to the member a driving licence then having effect and licensing the person to drive the vehicle concerned, it shall be presumed, until the contrary is shown, that the person does not hold such a licence.

(2) The presumption referred to in subsection (1) shall cease to apply in relation to a person who within 10 days of the requirement referred to in that subsection produces and presents to the member or another member of the Garda S í och á na at a Garda S í och á na station nominated by the person at the time of the requirement, a driving licence held by the person at the time of the requirement, then having effect and licensing the holder to drive a vehicle of the category concerned, or evidence that he or she held such a licence. ]

Annotations:

Amendments:

F10

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.