Road Transport Act 1999

Arrest without warrant.

13

13.—(1) Where a member of the Garda Síochána alleges to a person that the member suspects that such person has committed or is committing an offence resulting from a contravention of—

(a) the Principal Act (including an Act construed as one with it) or any instrument made under that Act, or

F3[(b) any regulation made under section 3 of the European Communities Act 1972 giving effect to an act of an institution of the European Communities in relation to road haulage, road passenger transport or the issuing of transport discs,]

the member may require of such person his or her name and address, and if such person gives an address outside the State, the member may require the person to give to the member an address within the State, which is satisfactory to the member, for the service of any summons, and may, if such person—

(c) fails to give his or her name and address,

(d) gives a name or address which the member has reasonable grounds for believing is false or misleading, or

(e) having an address outside the State, fails to give an address within the State or gives such an address which the member has reason to doubt is satisfactory for the service of a summons,

arrest such person without warrant.

(2) For the purpose of subsection (1), an address is a satisfactory address for service if it appears to the member of the Garda Síochána that—

(a) the person will be at the address for a sufficiently long period for it to be possible to serve the person with a summons, or

(b) that some other person specified by the first-mentioned person will accept service of a summons for the first-mentioned person at the address.

(3) Where a person—

(a) When his or her name is required of him or her under subsection (1), refuses or fails to give his or her name and address or gives a name or address which is false or misleading, or

(b) having an address outside the State, when required under subsection (1) to give an address in the State, gives an address which is false or misleading,

such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

Annotations

Amendments:

F3

Substituted (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 2(7), commenced on enactment.