Road Traffic Act 1961

Production of driving licence on demand by member of Garda Síochána.

40

F90 [ 40. (1) A member of the Garda S í och á na may demand of a person

( a ) driving in a public place a mechanically propelled vehicle, or

( b ) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,

the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda S í och á na may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1) , he or she commits an offence.

(3) Where a person who is driving in a public place a mechanically propelled vehicle and of whom the production of a driving licence is demanded under paragraph (a) of subsection (1) or is required under subsection (4)(a) produces, in accordance with the demand or requirement, a learner permit then having effect and licensing the person to drive the vehicle concerned, the person has not committed an offence under subsection (1) or (4) ( a ), as the case may be.

F91 [ ( a ) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda S í och á na may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda S í och á na at a Garda S í och á na station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence. ]

( b ) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda S í och á na station at which the defendant concerned was required, under paragraph (a) , to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence or learner permit in accordance with paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda S í och á na station, be evidence, until the contrary is shown, of the facts stated in the certificate.

( c ) Where any person is required to produce a driving licence or learner permit at a Garda S í och á na station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda S í och á na station shall issue a certificate stating that the licence or permit was so produced and such certificate shall be evidence of the facts stated in the certificate.

(5) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section produces the licence or permit in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda S í och á na to whom it is produced to read the licence or permit, he or she commits an offence.

F92 [ (6) Where a person of whom the production of a driving licence or learner permit is demanded or required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda S í och á na to whom it is produced to read the licence or permit, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence. ]

(7) A member of the Garda S í och á na may arrest without warrant

( a ) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or

F93 [ ( b ) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda S í och á na under this section, refuses or fails to give to the member his or her name and address and date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading. ]

(8) A person who, when the production of a driving licence or learner permit is demanded or required of him or her under this section, does not produce the licence or permit because he or she is not the holder of a driving licence or learner permit is deemed to fail to produce his or her driving licence or learner permit, as the case may be, under this section.

F94 [ (9) Section 1(1) of the Probation of Offenders Act 1907 does not apply to an offence under this section. ] ]

Annotations

Amendments:

F90

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(1), S.I. No. 255 of 2011.

F91

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

F92

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

F93

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

F94

Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 2(d), S. I. No. 542 of 2011.

Modifications (not altering text):

C46

Application of section restricted (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 8.

Excepted vehicles.

8. The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

Editorial Notes:

E379

Prospective affecting provision: penalty points in respect of failure to produce a licence to member of Garda Síochána under section imposed, on payment of fixed charge and on conviction, by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 6, not commenced as of date of revision.

E380

Procedure prescribed by Road Traffic Act 2010 (25/2010), ss. 8 and 60(1), S.I. No. 543 of 2011, s. 8 as substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 6, S.I. No. 542 of 2011.

E381

Previous affecting provision: subss. (1), (1A) amended (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 13, S.I. No. 718 of 2007; subss. (1), (1A) substituted as per F-note above and s. 13 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(c), S.I. No. 255 of 2011.

E382

Previous affecting provision: subss. (1A), (1B) inserted (1.01.2003) by Road Traffic Act 2002 (12/2002), s. 18, S.I. No. 598 of 2002; superseded as per F-note above and s. 18 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(b), S.I. No. 255 of 2011.

E383

Previous affecting provision: section substituted (1.01.2003) by Road Traffic Act 1994 (7/1994), s. 25, S.I. No. 597 of 2002; superseded as per F-note above and s. 25 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 59(2)(a), S.I. No. 255 of 2011.

E384

Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.

E385

Previous affecting provision: subs. (5) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

E386

Previous affecting provision: application of section restricted (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 7; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.