S.I. No. 173/2001 - Road Traffic Act, 1994 (Part III) (Amendment) Regulations, 2001

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 3 , 18 , 19 and 22 of the Road Traffic Act, 1994 (No. 7 of 1994), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic Act, 1994, (Part III) (Amendment) Regulations, 2001.

(2) These Regulations and the Road Traffic Act, 1994 (Part III) Regulations, 1994, ( S.I. No. 351 of 1994 ) shall be construed as one and may be cited as the Road Traffic Act, 1994 (Part III) Regulations, 1994 to 2001.

2. These Regulations shall come into operation on the 1^st day of May, 2001.

3. The Road Traffic Act, 1994 (Part III) Regulations, 1994 ( S.I. No. 351 of 1994 ) are hereby amended-

(a) by the substitution of the following article for article 4 -

“4. The Certificate to be issued by the Medical Bureau of Road Safety under Section 19 of the Road Traffic Act, 1994 shall, in the case of a certificate determining the concentration of alcohol, be in the form set out in Part 1 of the Second Schedule to these Regulations, and in the case of a certificate determining the presence of a drug or drugs be in the form set out in Part 2 of the Second Schedule to these Regulations.”, and

(b) by the substitution of the following Schedule for the Second Schedule:-

“

SECOND SCHEDULE

Part 1

Certificate issued by the Medical Bureau of Road Safety under section 19 of the Road Traffic Act, 1994 , certifying a concentration of alcohol.

Particulars relating to specimen received for analysis, as shown on the form completed by designated doctor:-

1. Name and address of the person from whom the specimen was taken or who provided the specimen.		____________________________________ ____________________________________ ____________________________________ ____________________________________
2. Nature of specimen. (insert “blood” or “urine” as appropriate)		____________________________________
3. Place at which specimen was taken or provided. (delete whichever is not appropriate)	(a)	____________________________________
		Garda Síochána Station
	(b)	____________________________________
		Hospital
4. Date on which specimen was taken or provided.		____________________________________
5. Time at which specimen was taken or provided.		____________________________________
6. Garda Síochána station from which the specimen analysed was forwarded. (to be completed in the case of a specimen taken or provided in a hospital)		____________________________________

The Medical Bureau of Road Safety certifies that on analysis by the Bureau the specimen to which the above particulars relate contained a concentration of _____________ milligrammes of alcohol per 100 millilitres of blood or urine.

(delete whichever is not appropriate)

Signature of person who carried out

the analysis _______________________________

Date __________________________

This certificate is issued under section 19 of the Road Traffic Act, 1994 .

The Seal of the Medical Bureau of

Road Safety was affixed hereto this

______________day of___________________

in the presence of____________________________

(Chairman or Director or Deputy

Director of the Bureau or member

of the Bureau duly authorised by

the Bureau to act in that behalf).

Part 2

Certificate issued by the Medical Bureau of Road Safety under section 19 of the Road Traffic Act, 1994 , certifying the presence of a drug or drugs.

Particulars relating to specimen received for analysis, as shown on the form completed by designated doctor:-

1. Name and address of the person from whom the specimen was taken or who provided the specimen.		____________________________________ ____________________________________ ____________________________________ ____________________________________
2. Nature of specimen. (insert “blood” or “urine” as appropriate)		____________________________________
3. Place at which specimen was taken or provided. (delete whichever is not appropriate)	(a)	____________________________________
		Garda Síochána Station
	(b)	____________________________________
		Hospital
4. Date on which specimen was taken or provided.		____________________________________
5. Time at which specimen was taken or provided.		____________________________________
6. Garda Síochána station from which the specimen analysed was forwarded. (to be completed in the case of a specimen taken or provided in a hospital)		____________________________________

The Medical Bureau of Road Safety certifies that on analysis by the Bureau the specimen to which the above particulars relate contained the presence of the following drug or drugs. (delete whichever is not appropriate)

____________________________________________________________________________________

Signature of analyst__________________________________________

Date __________________________________________

This certificate is issued under section 19 of the Road Traffic Act, 1994 .

The Seal of the Medical Bureau of

Road Safety was affixed hereto this

______________day of ____________________

in the presence of _______________________

(Chairman or Director or Deputy

Director of the Bureau or member

of the Bureau duly authorised by

the Bureau to act in that behalf).”

	Dated this 24^th day of April 2001.
	ROBERT MOLLOY, T.D.
	Minister of State at the Department of the Environment and Local Government

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend the certificate to be issued by the Medical Bureau of Road Safety under section 19 of the Road Traffic Act, 1994 to provide to the certification of the presence of a drug or drugs.