Road Traffic Act 1961

Penalty for false declaration, etc.

115

115. F245 [ (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 F245 [ 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 F245 [ licence, permit, plate or certificate ] was granted or issued made the application.

F245 [ (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 F246 [ 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.

(7) F247 [ ]

Annotations

Amendments:

F245

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 20, S.I. No. 384 of 2006.

F246

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, pt. 1, ref. no. 29, S.I. No. 86 of 2007.

F247

Repealed (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 4(1), S.I. No. 222 of 1994.

Editorial Notes:

E969

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.

E970

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.

E971

Previous affective provision: fine in subs. (6) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, pt. 1, ref. no. 30, S.I. No. 491 of 2002. Fine increased as per F-note above.

E972

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.

E973

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.

E974

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.

E975

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.

E976

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.

E977

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.