Road Traffic Act 1961

Writing of signature on demand by member of Garda Síochána.

41

41. (1) A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection (2) of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.

(2) The condition referred to in subsection (1) of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees.

Annotations

Modifications (not altering text):

C47

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.

C48

Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.

Application of certain provisions of Act to provisional licences.

16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —

(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Editorial Notes:

E387

Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.

E388

Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.

E389

Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.

E390

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.

E391

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.

E392

Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.