Road Traffic Act 1968

Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

23

23.—(1) A person who undergoes or attempts to undergo a test arranged under section 33 of the Principal Act in the name of some other person shall be guilty of an offence.

F16[(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.]

(3) Where a certificate of competency is issued on completion of a test in relation to which an offence under this section has been committed, such certificate and any driving licence granted in pursuance of an application accompanied by such certificate shall be void and of no effect.

Annotations

Amendments:

F16

Substituted (18.07.1984) by Road Transport (Amendment) Act 1984 (16/1984), s. 4(6), commenced on enactment.

Modifications (not altering text):

C20

Maximum penalty in subs. (2) increased to €2,000 (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18, S.I. No. 86 of 2007. This translates into a Class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6 and table ref. no. 1, S.I. No. 662 of 2010.

Increase of certain penalties.

18.— (1) A person convicted of an offence for which a penalty is provided by— ...

(b) a provision of the Road Traffic Act 1968 mentioned in column (2) of Part 2 of the Table at any reference number mentioned in column (1) of that Part,

...

is, in lieu of the monetary penalty so provided, liable to the monetary penalty, specified in column (3) of the Table at that reference number.

TABLE

Part 2

Road Traffic Act 1968

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

...

2

Section 23(2)

A fine not exceeding €2,000

Editorial Notes:

E69

Previous affecting provision: penalty in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23, S.I. No. 491 of 2002; superseded as per C-note above.