Road Traffic Act 1961

Driving mechanically propelled vehicle when unfit.

48

48.—(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.

F144[(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, F145[in the case of a first offence, to a fine not exceeding €1,000] or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, F145[in the case of a second or any subsequent offence, to a fine not exceeding €2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.]

Annotations

Amendments:

F144

Substituted (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(5), commenced on enactment.

F145

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18 and table part 1 ref. no. 6, S.I. No. 86 of 2007. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of €2,000 translates into a class C fine not exceeding €2,500 (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F146

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 20, not commenced as of date of revision.

Modifications (not altering text):

C64

Prospective affecting provision: subs. (1) amended by Road Traffic and Roads Act 2023 (16/2023), s. 20, not commenced as of date of revision.

48.—(1) A person shall not drive or attempt to drive a F146[vehicle] in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.

Editorial Notes:

E537

Prospective affecting provision: penalty points in respect of driving vehicle when unfit 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. 8, not commenced as of date of revision.

E538

Previous affecting provision: fines in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 7, S.I. No. 491 of 2002, increased as per F-note above.

E539

Previous affecting provision: application of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 55(a), commenced on enactment. S. 55 repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.