Road Traffic Act 1961

F163[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 Síochána 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:

F163

Substituted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(1), S.I. No. 542 of 2011. A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

Editorial Notes:

E603

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.

E604

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.

E605

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.

E606

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.

E607

Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 69, not commenced; repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(e), S.I. No. 542 of 2011.

E608

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

E609

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.

E610

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.

E611

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.

E612

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.