35.— (1) Where a CVR inspector having exercised a power under section 34, or an authorised officer having exercised a power under section 25 or 31, forms the opinion that there is a defect affecting a vehicle, or where he or she is prevented from inspecting a vehicle, the inspector or authorised officer may serve on the owner, the driver or the person in charge of the vehicle all or any of the following directions:

(a) that the defect be rectified,

(b) that the vehicle not be driven in a public place until the defect has been rectified,

(c) that the vehicle be submitted for CVR testing by a specified date.

(2) A person who—

(a) fails or refuses to comply with, or

(b) directs or induces another person to contravene,

a direction of a CVR inspector or an authorised officer under subsection (1) commits an offence and is liable on summary conviction to a class A fine.

(3) A member of the Garda Síochána may arrest without warrant a person who, in the member’s opinion, is committing or has committed an offence under this section.