Road Traffic Act 1961

Production of certificate on demand.

69

69. (1) ( a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

( b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

( c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—

(i) he did not use the vehicle, or

(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2) ( a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than F154 [ 3 months ] after the occasion, demand of the owner of the vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use on the occasion of the vehicle by the person then actually using it and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.

( b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

( c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—

(i) that the vehicle was not used on the occasion in question, or

(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

F155 [ (3) Where a person produces under this section a certificate to a member of the Garda S í och á na but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.

(4) Where a person whose F156 [ name and address and date of birth ] is demanded under subsection (3) refuses or fails to give his or her F156 [ name and address and date of birth ] or gives a F156 [ name and address and date of birth ] which is false or misleading, he or she commits an offence.

(5) A member of the Garda S í och á na may arrest without warrant

( a ) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or

( b ) a person who, when his or her F156 [ name and address and date of birth ] is demanded of him or her by the member under this section, refuses or fails to give his or her F156 [ name and address and date of birth ] or gives a F156 [ name and address and date of birth ] which the member has reasonable grounds for believing to be false or misleading. ]

F157 [ (6)   F158 [ ] ]

Annotations

Amendments:

F154

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(h), S.I. No. 222 of 1994.

F155

Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 73, S.I. No. 255 of 2011.

F156

Substituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 47(a), S.I. No. 105 of 2013.

F157

Inserted (12.10.2001) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 2001 (S.I. No. 463 of 2001), reg. 4, commenced as per reg. 5.

F158

Repealed (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 22(a), S.I. No. 384 of 2006.