Road Traffic Act 1961

Duty to give information on demand by member of Garda Síochána.

107

F223 [ 107. F224 [ (1) Where a member of the Garda S í och á na alleges to a person using a mechanically propelled vehicle F225 [ or a pedal cycle ] that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address and 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, arrest such person without warrant. ]

(2) Where a member of the Garda S í och á na has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act 1920, section 131 (5) of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.

F226 [ (3) Where a person, when his or her name and address and date of birth are demanded of him or her under this section, refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which is false or misleading, such person commits an offence. ]

(4) Where a member of the Garda S í och á na has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle F225 [ or a pedal cycle ]

( a ) the owner of the vehicle shall, if required by the member, state whether he or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,

( b ) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she may be required by the member to give as to the identity of the person who was actually using it at that time and, if he or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or

( c ) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he or she fails to do so, commits an offence.

(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding 2,000. ]

Annotations

Amendments:

F223

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 79, S.I. No. 255 of 2011.

F224

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 3(a), S.I. No. 542 of 2011.

F225

Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 32, S.I. No. 129 of 2017.

F226

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 3(b), S.I. No. 542 of 2011.

Editorial Notes:

E946

Previous affecting provision: “this Act” substituted for all instances of “the Road Traffic Acts, 1961 to 1994” by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced; section substituted as per F-note above.

E947

Previous affecting provision: fine in subs. (5) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, ref. no. 25, S.I. No. 86 of 2007; section substituted as per above F-note.

E948

Previous affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 26, S.I. No. 491 of 2002; subsection amended as per E-note above.

E949

Previous affecting provision: “the Road Traffic Acts, 1961 to 1994” substituted (22.07.1994) for all instances of “this Act” by Road Traffic Act 1994 (7/1994), s. 49(1)(k), S.I. No. 222 of 1994. Section amended as per F-notes above.

E950

Previous affecting provision: subs. (4A) inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 46, S.I. No. 222 of 1994; section substituted as per F-note above.

E951

Previous affecting provision: application of section extended (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 45, S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E952

Previous affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 17, commenced on enactment; fine increased as per E-note above.