Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

7.

Power to require production of certificate of roadworthiness.

7.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that a CVR vehicle has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce the certificate then and there, he or she, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the person at the time at which the production was demanded, commits an offence.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that a CVR vehicle has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce the certificate then and there, he or she, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the owner at the time at which the production was demanded, commits an offence.

(3) Where a person produces a certificate of roadworthiness to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, that person commits an offence and the member may demand his or her name and address and date of birth.

(4) Where a person whose name and address and date of birth are demanded under subsection (3) refuses or fails to give his or her name or address or date of birth or gives a name or address or date of birth which is false, he or she commits an offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a class A fine.

(6) A member of the Garda Síochána may arrest without warrant a person who—

( a) under this section produces a certificate of roadworthiness but refuses or fails to permit the member to read or examine it, or

( b) when his or her name and address and date of birth are demanded under this section, refuses or fails to give his or her name or address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.