Road Traffic Act 2006
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Mandatory alcohol testing. |
4.— (1) In this section— | |
“ authorisation ” means an authorisation under subsection (2) to establish a checkpoint; | ||
“ checkpoint ” means a checkpoint established under an authorisation. | ||
(2) A member of the Garda Síochána, not below the rank of inspector, may, for the purposes of section 49 of the Principal Act, authorise the establishment of a checkpoint or checkpoints in a public place or places at which members of the Garda Síochána may exercise the powers under subsection (4). | ||
(3) An authorisation shall be in writing and shall specify— | ||
(a) the date on which, and the public place in which, the checkpoint is to be established, and | ||
(b) the hours at any time between which it may be operated. | ||
(4) A member of the Garda Síochána, who is on duty at a checkpoint, may stop any mechanically propelled vehicle at the checkpoint and, without prejudice to any other powers (including the powers under section 12 (inserted by the Act of 2003) of the Act of 1994) conferred on him or her by statute or at common law, may require a person in charge of the vehicle— | ||
(a) to— | ||
(i) provide (by exhaling into an apparatus for indicating the presence of alcohol in the breath) a specimen of his or her breath, or | ||
(ii) accompany him or her or another member of the Garda Síochána to a place (including a vehicle) at or in the vicinity of the checkpoint and there to provide, by exhaling into such an apparatus, a specimen of his or her breath, or | ||
(b) to— | ||
(i) leave the vehicle at the place where it has been stopped, or | ||
(ii) move it to a place in the vicinity of the checkpoint, and | ||
keep or leave it there until the person has complied with a requirement made of him or her under paragraph (a). | ||
(5) A member of the Garda Síochána for the purposes of making a requirement of a person under subsection (4) may indicate the manner in which the person must comply with the requirement. | ||
(6) A person who— | ||
(a) refuses or fails to comply immediately with a requirement under subsection (4)(a) or (b)(i) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), or | ||
(b) without reasonable excuse, refuses or fails to comply immediately with a requirement under subsection (4)(b)(ii) or such a requirement in a manner indicated by a member of the Garda Síochána under subsection (5), | ||
is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both. | ||
(7) 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. | ||
(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) Section 13(1) of the Act of 1994 is amended by substituting “, section 12(4) or section 4 (6) of the Road Traffic Act 2006” for “or section 12(4)” (inserted by section 3 of the Act of 2003). |