Road Traffic Act 1961

Unauthorised interference with mechanism of vehicle.

113

113. (1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary F239 [ ], or get on or into or attempt to get on or into the vehicle while it is so stationary.

F240 [ (2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F241 [ a fine not exceeding 2,000 ] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. ]

(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing F242 [ or has committed ] an offence under this section, he may arrest the person without warrant.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

Annotations

Amendments:

F239

Deleted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(8)(a), commenced on enactment.

F240

Substituted (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(8)(b), commenced on enactment.

F241

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, pt. 1, ref. no. 28, S.I. No. 86 of 2007.

F242

Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. of 169 of 1968.

Editorial Notes:

E963

Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 29, S.I. No. 491 of 2002. Fine increased as per F-note above.