Road Traffic Act 2014

17.

Amendment of section 106 of Principal Act

17. Section 106 of the Principal Act is amended—

(a) in subsection (1), by inserting after paragraph (a) the following:

“(aa) if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance;”,

(b) in subsection (3), by inserting after paragraph (a) the following:

“(aa) in a case in which injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) —

(i) does so with intent to escape civil or criminal liability, and

(ii) knows that injury has been caused to a person of such nature as to require medical assistance for the person at that place or that the person be brought to a hospital for medical assistance,

on conviction on indictment to a fine not exceeding €10,000 or, at the discretion of the court, to imprisonment for any term not exceeding 7 years or to both such fine and such imprisonment,

(ab) in a case where injury is caused to a person, and the person who contravenes subsection (1) or subsection (2) does so with intent to escape civil or criminal liability, and

(i) knows that the person to whom injury has been caused is dead, or

(ii) knows that injury has been caused to a person and is reckless as to whether the death of the person injured so results, and the death of the person injured so results,

on conviction on indictment to a fine not exceeding €20,000 or, at the discretion of the court, to imprisonment for any term not exceeding 10 years or to both such fine and such imprisonment,”,

and

(c) by inserting after subsection (3A) the following:

“(3B) In a prosecution under subsection (3) (aa) or (ab) evidence that an accused failed to stop his or her vehicle, offer assistance, keep the vehicle at or near the place for a reasonable period, or give the appropriate information is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.”.