Road Traffic Act 1961

35A

F79 [ Offences by owner of mechanically propelled vehicle driven by another person

35A. (1) An owner of a mechanically propelled vehicle shall be guilty of an offence where a person, not being that owner, drives the vehicle in a public place at a time that the person

(a) is not the holder of a driving licence or learner permit for the category of vehicle concerned, or

(b) is the holder of a learner permit for a vehicle of a category specified in clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) and is not driving the vehicle in accordance with that clause.

(2) It shall be a defence to proceedings for an offence under this section for the owner of a mechanically propelled vehicle to show

(a) that the vehicle was used or taken possession of without his or her consent,

(b) in the case of proceedings for an offence under paragraph (a) of subsection (1) , that prior to the driving of the vehicle in a public place he or she took all reasonable steps to satisfy himself or herself that the person held a driving licence or learner permit, as the case may be, or

(c) in the case of proceedings for an offence under paragraph (b) of subsection (1) , that he or she took all reasonable steps to satisfy himself or herself that the person would be driving in accordance with clause (iv) of Regulation 17(6)(b) of the Road Traffic (Licensing of Drivers) Regulations 2006.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a class D fine. ]

Annotations

Amendments:

F79

Inserted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 5(a), S.I. No. 538 of 2018.

Editorial Notes:

E342

A class D fine is defined (4.01.2011) by Fines Act 2010 (8/2010), s. 3, S.I. No. 662 of 2010, as a fine not exceeding €1,000.

E343

Previous affecting provision: section inserted by Road Traffic Act 2016 (21/2016), s. 39, not commenced; s. 39 repealed (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 1, S.I. No. 538 of 2018.