Road Traffic Act 1961
Penalty for false declaration, etc.
115.—F327[(1) Where a person is required by or under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003 to furnish or give particulars in connection with an application for the grant or issue of a licence, permit, plate or certificate or otherwise in connection with a licence, permit, plate, certificate or vehicle, he or she shall not furnish or give pursuant to the requirement any particulars which to his or her knowledge are false or in any material respect misleading.]
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.
(3) Where, in a prosecution for an offence under subsection (2) of this section with respect to particulars in connection with an application for the grant or issue of a F327[licence, permit, plate or certificate] such grant or issue and an application therefor are proved, it shall be presumed, until the contrary is shown by the defendant, that the person to whom the F327[licence, permit, plate or certificate] was granted or issued made the application.
F327[(4) A person shall not forge or fraudulently alter or use, or fraudulently lend to, or allow to be used by, any other person, any licence, permit, plate, badge or certificate issued under this Act or under regulations made under section 34 of the Taxi Regulation Act 2003.]
(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.
(6) A person who is guilty of an offence under this section shall be liable on summary conviction to F328[a fine not exceeding €3,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
F329[(6A) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 2 years from the date on which the offence was committed.]
(7) F330[…]
Annotations
Amendments:
F327
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 20, S.I. No. 384 of 2006.
F328
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 29, S.I. No. 86 of 2007. A fine of €3,000 translates into a class B fine not exceeding €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.
F329
Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(q), S.I. No. 392 of 2023.
F330
Repealed (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 222 of 1994.
Editorial Notes:
E1327
Prospective affecting provision: penalty points in respect of furnishing false or misleading particulars in connection with application for licence under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 16, not commenced as of date of revision.
E1328
Summary proceedings for an offence under section provided (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 48, S.I. No. 222 of 1994.
E1329
Previous affective provision: fine in subs. (6) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 30, S.I. No. 491 of 2002. Fine increased as per F-note above.
E1330
Previous affecting provision: subss. (1) and (4) amended by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced. Subss. (1) and (4) substituted as per above F-notes.
E1331
Previous affecting provision: subss. (1) and (4) amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(k), S.I. No. 222 of 1994. Subss. (1) and (4) substituted as per above F-notes.
E1332
Previous affecting provision: subs. (1) amended (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 10(2), commenced as per s. 15(5). Subs. (1) substituted as per above F-note.
E1333
Previous affecting provision: subs. (1) substituted (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 46, S.I. No. 357 of 1986. Subs. (1) substituted as per above F-note.
E1334
Previous affecting provision: fine in subs. (6) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 18, commenced on enactment. Fine increased as per E-note above.
E1335
Previous affecting provision: subss. (1), (3) and (4) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Amendments superseded as per above F-notes.