Road Traffic Act 1961
F155[Driving of dangerously defective vehicle.
54.— (1) A person who drives a mechanically propelled F156[vehicle or a combination of vehicles] in a public place while there is a defect affecting the F156[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 F156[vehicle or a combination of vehicles] is, when in motion, a danger to the public, commits an offence.
(2) Where a mechanically propelled F156[vehicle or a combination of vehicles] is driven in a public place while there is a defect affecting the F156[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 F156[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 F156[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 Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.]
F157[(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:
F155
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.
F156
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.
F157
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.
F158
Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 21(a)(i), (ii), (b)(i), (ii), (c), not commenced as of date of revision.
Modifications (not altering text):
C65
Prospective affecting provision: subss. (1), (2), (3) amended by Road Traffic and Roads Act 2023 (16/2023), s. 21(A)-(c), not commenced as of date of revision.
54.— (1) A person who drives a mechanically propelled F156[vehicle F158[, a powered personal transporter,] or a combination of vehicles] in a public place while there is a defect affecting the F156[vehicle F158[, transporter,] 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 F156[vehicle F158[, transporter,] or a combination of vehicles] is, when in motion, a danger to the public, commits an offence.
(2) Where a mechanically propelled F156[vehicle F158[, a powered personal transporter,] or a combination of vehicles] is driven in a public place while there is a defect affecting the F156[vehicle F158[, transporter,] 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 F156[vehicle F158[, transporter,] 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 F156[vehicle F158[, transporter,] or a combination of vehicles] was being driven on the occasion in question by another person and that such driving was unauthorised.
Editorial Notes:
E610
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.
E611
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.
E612
Previous affecting provision: fine in subs. (4) increased (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18 and table part 1, ref. no. 14, S.I. No. 86 of 2007; section substituted as per above F-note.
E613
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.
E614
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.
E615
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.