Road Traffic Act 1961

F123 [ Driving of dangerously defective vehicle.

54

54. (1) A person who drives a mechanically propelled F124 [ vehicle or a combination of vehicles ] in a public place while there is a defect affecting the F124 [ vehicle or a combination of vehicles ] which he or she knows of or could have discovered by the exercise of ordinary care and which is such that the F124 [ vehicle or a combination of vehicles ] is, when in motion, a danger to the public, commits an offence.

(2) Where a mechanically propelled F124 [ vehicle or a combination of vehicles ] is driven in a public place while there is a defect affecting the F124 [ vehicle or a combination of vehicles ] which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the F124 [ vehicle or a combination of vehicles ] is, when in motion, a danger to the public, such owner commits an offence.

(3) Where a person is charged with an offence under subsection (2) , it is a defence to the charge for him or her to show that the F124 [ vehicle or a combination of vehicles ] was being driven on the occasion in question by another person and that such driving was unauthorised.

(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.

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

F125 [ (6) Where a person is charged with an offence under this section involving a combination of vehicles it shall be presumed, until the contrary is shown, that the owner of the mechanically propelled vehicle was also the owner of any vehicle or vehicles drawn thereby at the time of the alleged offence. ] ]

Annotations

Amendments:

F123

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

F124

Substituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(b)(i), S.I. No. 105 of 2013.

F125

Inserted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(b)(ii), S.I. No. 105 of 2013.

Editorial Notes:

E580

Penalty points in respect of driving dangerously defective vehicle under section, on conviction, imposed (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 10, S.I. No. 149 of 2009.

E581

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

E582

Previous affecting provision: fine in subs. (4) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18 and table, pt. 1, ref. no. 14, S.I. No. 86 of 2007; section substituted as per above F-note.

E583

Previous affecting provision: fine in subs. (4) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 15, S.I. No. 491 of 2002; subsection amended as per E-note above.

E584

Previous affecting provision: fine in subs. (4) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 13, commenced on enactment. Fine increased as per E-note above.

E585

Previous affecting provision: subs. (1) deleted and subs. (4) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; subs. (1) reinserted and subs. (4) substituted as per above F-note.