Road Traffic Act 1961

F121 [ Careless driving.

52

52. (1) A person shall not drive a vehicle in a public place without due care and attention.

(2) A person who contravenes subsection (1) commits an offence and

( a ) in case the contravention causes death or serious bodily harm to another person, he or she is liable on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine not exceeding 10,000 or to both, and

( b ) in any other case, he or she is liable on summary conviction to a class A fine.

(3) Where a member of the Garda S í och á na is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he or she may arrest the first-mentioned person without warrant. ]

Annotations

Amendments:

F121

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), S.I. No. 542 of 2011.

Editorial Notes:

E562

Obligation to provide breath specimen following arrest and consequential procedure applied (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 12(1), S.I. No. 543 of 2011, as amended (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 9(d), S.I. No. 542 of 2011.

E563

Procedure prescribed for detention of intoxicated drivers arrested under section (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 16, S.I. No. 543 of 2011.

E564

Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.

E565

Penalty points in respect of careless driving under section imposed, on conviction, by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 9, S.I. No. 248 of 2004.

E566

Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(e), S.I. No. 542 of 2011.

E567

Previous affecting provision: fine in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table pt. 1, ref. no. 11, S.I. No. 86 of 2007; section substituted as per above F-note.

E568

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

E569

Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005; s. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(a), S.I. No. 255 of 2011.

E570

Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 12, commenced on enactment. Fine increased as per E-note above.

E571

Previous affecting provision: section substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 50, S.I. No. 169 of 1968; superseded as per above F-note.