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Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.
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61.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that—
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(a) a mechanically propelled vehicle has been used in a public place on a particular occasion,
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(b) the use may have involved the commission of an offence under the Road Traffic Acts 1961 to 2010 (including a case in which the member has himself or herself observed the use), and
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(c) the actual user of the vehicle was a particular person,
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the member may at any time or times subsequent to the occasion in question require of the person the production of, to a member of the Garda Síochána for his or her inspection, a driving licence or, if the person falls within section 35(1) of the Principal Act, a learner permit, having effect and licensing the person to drive the vehicle used on the occasion in question, at a Garda Síochána station or another place specified by the member, within the period of 10 days of the date of making the requirement.
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(2) A person who fails to comply with a requirement under subsection (1) commits an offence.
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(3) Where a person of whom the production of a driving licence or learner permit is required under this section refuses or fails so to produce the licence or permit or produces the licence or permit but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read it, the member may demand of the person his or her name and address and date of birth and, if the person refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which is false or misleading, he or she commits an offence.
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(4) A member of the Garda Síochána may arrest without warrant—
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(a) a person who under this section produces a driving licence or learner permit to the member but refuses or fails to permit the member to read it, or
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(b) a person who, when his or her name and address is lawfully demanded of him or her by the member under this section, refuses or fails to give to the member his or her name and address or date of birth or gives to the member a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.
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(5) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, under subsection (1), to produce the driving licence or learner permit, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence in accordance with that subsection shall, without proof of the signature of the person purporting to sign the certificate or that he or she was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.
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(6) Where any person is required to produce a driving licence or learner permit at a Garda Síochána station and the person produces the licence or permit within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that it was so produced and such certificate shall be evidence of the facts stated in the certificate.
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(7) A person who, when the production of a driving licence or learner permit is required of him or her under this section, does not produce the licence or permit because he or she is not the holder of such is deemed to fail to produce his or her driving licence or learner permit within the meaning of subsection (1).
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(8) A requirement under this section shall not be made after the time in which proceedings may be brought in respect of the alleged offence.
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(9) Section 33 of the Act of 2004 is repealed.
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