Road Traffic Act 1994

F44[Inspection of permits.


36B. (1) A member of the Garda Síochána or (other than for the purposes of paragraph (b)) a traffic warden may request the driver or person in charge of a vehicle

(a) parking the vehicle in a place where restrictions or prohibitions on parking apply, or

(b) entering, driving on or otherwise using or leaving a road where restrictions or prohibitions apply to a vehicle,

under regulations or bye-laws under this Part, to allow the inspection by the member or warden of a permit exempting the vehicle and, if applicable, the driver or person, from the restriction or prohibition.

(2) Where a member or warden inspecting a permit under subsection (1) is of the opinion that

(a) the permit is no longer in force,

(b) the permit does not apply to the circumstances or vehicle in which it is being used,

(c) the person using the permit is not entitled to use it, or

(d) the permit is altered or forged,

he or she may detain it.

(3) Where a permit is detained under subsection (2) and it is subsequently shown to be valid it may be returned to the holder or suspended or revoked as the local authority or person issuing it sees fit according to the circumstances of the matter.

(4) The driver or person in charge of a mechanically propelled vehicle who

(a) fails to keep or display a permit or other means of identification as specified in the permit or regulations made under section 35 or bye-laws made under section 36 or 36A, when the vehicle to which the permit relates is being driven, parked or otherwise being used by the person under it in respect of the exemption or permission concerned,

(b) uses a permit other than in accordance with its terms or conditions, or

(c) fails or refuses to allow or obstructs the inspection of a permit under this section,

is guilty of an offence.

(5) When the driver or person in charge of a mechanically propelled vehicle who contravenes subsection (4)(a) or (b) is not the registered owner of the vehicle but authorised to drive or use the vehicle by the owner and the vehicle is not the subject of a hire-drive agreement, then the registered owner is also guilty of an offence.

(6) In this section

"permit" means a permit issued under regulations made under section 35 or the means of identification of an exempted or permitted vehicle specified in bye-laws made under section 36 or 36A;

"traffic warden" means a traffic warden within the meaning of the Local Authorities (Traffic Wardens) Act 1975 or section 103 (19) (inserted by section 11 of the Road Traffic Act 2002) of the Principal Act.]




Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 12(1), commenced on enactment.