Road Traffic Act 1961

F128[Dangerous driving.

53

53.(1) A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.

(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 10 years or to a fine not exceeding 20,000 or to both, and

(b) in any other case, he or she is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

(3) In a prosecution for an offence under this section or section 52, it is not a defence to show that the speed at which the accused person was driving was not in excess of a speed limit applying in relation to the vehicle or the road, whichever is the lower, under Part 2 of the Road Traffic Act 2004.

(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of the opinion that he or she had not committed an offence under this section but had committed an offence under section 52, the jury or court may find him or her guilty of an offence under section 52, and he or she may be sentenced accordingly.

(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.]

Annotations

Amendments:

F128

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:

E586

Obligation to provide specimen following arrest under subs. (5) and consequential procedure applied 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.

E587

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.

E588

Procedure prescribed for detention of intoxicated drivers arrested under subs. (5) (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 16, S.I. No. 543 of 2011.

E589

Procedure prescribed where holder of a licence to drive a small public service vehicle is convicted under section (8.07.2003) by Taxi Regulation Act 2003 (25/2003), s. 36(5), commenced on enactment.

E590

Offences under section listed as serious offences (4.09.1998) by Bail Act 1997 (16/1997), s. 1 and sch. item 19(a) (dangerous driving causing death or serious bodily harm), and items 29 and 30 (acting as accomplice, attempt and conspiracy), S.I. No. 315 of 1998, as amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(d), S.I. No. 236 of 2007.

E591

Previous affecting provision: fines in subs. (2) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(10(a) and table part 1 ref. nos. 12 and 13, S.I. No. 86 of 2007; section substituted as per above F-note.

E592

Previous affecting provision: subs. (3) substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 13, S.I. No. 8 of 2005; section substituted as per above F-note.

E593

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.

E594

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. nos. 13, 14, S.I. No. 491 of 2002; substituted as per E-note above.

E595

Previous affecting provision: obligation to provide specimen following arrest and consequential procedure applied (2.12.1994) by Road Traffic Act 1994 (7/1994), ss. 13, 17 and 20, S.I. No. 350 of 1994; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011 in relation to ss. 13 (other than subs. (4)) and 17, but repeal not commenced in relation to s. 20 as of date of revision.

E596

Previous affecting provision: subss. (2)(a) and (3) amended (22.07.1994) by Road Traffic Act 1994, (7/1994), s. 49(1)(f), S.I. No. 222 of 1994; subs. (3) substituted as per above E-note and section substituted as per above F-note.

E597

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. 4, commenced on enactment. Fine increased as per E-note above.

E598

Previous affecting provision: subss. (1), (3) and (6) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 51, S.I. No. 169 of 1968; subs. (3) substituted as per above E-note and section substituted as per above F-note.