Revised Acts
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Road Traffic Act 2006
Mandatory alcohol testing.
4.—(1) F7[…]
(2) F7[…]
(3) F7[…]
(4) F7[…]
(5) F7[…]
(6) F7[…]
(7) F8[…]
(8) In a prosecution for an offence under this section, section 49 or 50 of the Principal Act or Part III of the Act of 1994 it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.
(9) An authorisation or a copy expressing itself to be such authorisation, shall, until the contrary is shown, be sufficient evidence in any proceedings under the Road Traffic Acts 1961 to 2006, of the facts stated in it, without proof of any signature on it or that the signatory was a person entitled under subsection (2) to sign it.
(10) F7[…]
Annotations
Amendments:
F7
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(f), S.I. No. 544 of 2011, art. 6.
F8
Repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(f), S.I. No. 544 of 2011, art. 10.
F9
Repealed by Road Traffic Act 2010 (25/2010), s. 33(f), not commenced as of date of revision.
Modifications (not altering text):
C4
Prospective amending provision: subss. (8) and (9) repealed by Road Traffic Act 2010 (25/2010), s. 33(f), not commenced as of date of revision.
4.— ...
(8) F9[…]
(9) F9[…]
...
Editorial Notes:
E72
Previous affecting provision: subs. (4) amended (1.06.2011) by Road Traffic Act 2011 (7/2011), s. 4, S.I. No. 253 of 2011; subs. (4) repealed as per F-note above.
E73
Previous affecting provision: procedure for provision of specimen subsequent to arrest under subs. (7) prescribed by Road Traffic Act 1994 (7/1994), s. 13(1), as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(b), commenced on enactment; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.
E74
Previous affecting provision: procedure for detention of intoxicated drivers subsequent to arrest under subs. (7) prescribed by Road Traffic Act 1994 (7/1994), s. 16(1), as amended (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 1(1)(d), commenced on enactment; repealed (29.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(c), S.I. No. 544 of 2011.