Road Traffic (No. 2) Act 2011
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Amendment of section 40 of Principal Act — production of driving licence on demand of member of Garda Síochána. |
2.— Section 40 (inserted by section 59 of the Act of 2010) of the Principal Act is amended— | |
(a) in subsection (4), by substituting for paragraph (a) the following: | ||
“(a) Where a person of whom the production of a driving licence or learner permit is demanded under this section refuses or fails to produce the licence or permit there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the requirement the licence or permit in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement. If the person refuses or fails so to produce the licence or permit, he or she commits an offence.”, | ||
(b) by substituting for subsection (6) the following: | ||
“(6) Where a person of whom the production of a driving licence or learner permit is demanded or 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 the licence or permit, 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 and 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.”, | ||
(c) in subsection (7), by substituting for paragraph (b) the following: | ||
“(b) a person who, when his or her name and address and date of birth are lawfully demanded of him or her by a member of the Garda Síochána under this section, refuses or fails to give to the member his or her name and address and 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.”, | ||
and | ||
(d) by inserting after subsection (8) the following: | ||
“(9) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”. |