Road Traffic Act 2010
Provisions regarding certain evidence in proceedings under Part 2.
20.— (1) A duly completed statement purporting to have been supplied under section 13 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the member of the Garda Síochána concerned with the requirements imposed on him or her by or under Chapter 4 prior to and in connection with the supply by him or her under section 13 of such statement.
(2) A duly completed form under section 15 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the designated doctor or designated nurse concerned with the requirements imposed on him or her by or under Chapter 4.
(3) A certificate expressed to have been issued under section 17 shall, until the contrary is shown, be sufficient evidence in any proceedings under the F55[Road Traffic Act 1961 to 2023] of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it, and shall, until the contrary is shown, be sufficient evidence of compliance by the Bureau with the requirements imposed on it by or under Chapter 4.
F56[(4) In a prosecution for an offence under section 4, 5, 12, 13B or 14 it shall be presumed until the contrary is shown that each of the following persons is a designated doctor or designated nurse:
(a) a person who by virtue of powers conferred on him or her by Chapter 4 took from another person a specimen of that other person’s blood or was provided by another person with a specimen of that other person’s urine;
(b) a person for whom, following a requirement under section 12(1), 13B(1) or 14(1) to permit the taking by him or her of a specimen of blood, there was a refusal or failure to give such permission or to comply with a requirement of his or hers in relation to the taking of such a specimen;
(c) a person for whom, following a requirement under section 12(1) or 14(1) to provide for him or her a specimen of urine, there was a refusal or failure to provide such a specimen or to comply with a requirement of his or hers in relation to the provision of such a specimen.
(5) Where, under section 12, 13B or 14, a designated doctor or designated nurse states in writing that he or she is unwilling, on medical grounds, to take from a person a specimen of his or her blood or be provided by him or her with a specimen of his or her urine, the statement signed by the doctor shall, in any proceedings under the F57[Road Traffic Act 1961 to 2023], be sufficient evidence, until the contrary is shown, of the facts stated in it, without proof of any signature on it or that the signatory was the proper person to sign it.]
Annotations
Amendments:
F55
Substituted (31.07.2023) by Road Traffic and Roads Act 2023, s. 13(a)(i), S.I. No. 392 of 2023.
F56
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 17, S.I. No. 129 of 2017.
F57
Substituted (31.07.2023) by Road Traffic and Roads Act 2023, s. 13(a)(iii), S.I. No. 392 of 2023.
Editorial Notes:
E37
Previous affecting provision: offence under subs. (4)(b) in respect of contraventions of Small Public Service Vehicles (SPSV) regulations made subject to application of Road Traffic Act 1961 (24/1961), s. 103 (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 77(2)(a), S.I. No. 163 of 2014; subs. (2) deleted (1.06.2017) as per s. 77(4) and S.I. No. 241 of 2017.