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Prohibition on smoking tobacco product in mechanically propelled vehicle in which child is present
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2. (1) The smoking by a person (including a child) of a tobacco product in a mechanically propelled vehicle in a public place and in which a child (or another child if the person smoking is a child) is present is prohibited.
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(2) A person who contravenes subsection (1) shall be guilty of an offence.
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(3) Where a person who contravenes subsection (1) is not the driver of the mechanically propelled vehicle concerned, the driver shall also be guilty of an offence.
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(4) In proceedings for an offence under this section, it shall be presumed, until the contrary is shown, that a person who was present in a mechanically propelled vehicle in which the commission of the alleged offence occurred and who appeared to a member of the Garda Síochána, at that time, to be a child, was, at that time, a child.
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(5) In proceedings for an offence under this section, it shall be a defence for a person to show that he or she reasonably believed that any person who was present in the mechanically propelled vehicle in which the commission of the alleged offence occurred had attained the age of 18 years.
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(6) Without prejudice to subsection (5), in proceedings for an offence under subsection (3) brought against the driver of the mechanically propelled vehicle concerned, it shall be a defence for that person to show that he or she—
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(a) was, by reason of his or her driving of that vehicle, unable to prevent the commission of the alleged offence under subsection (2) by another person in that vehicle, or
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(b) made all reasonable efforts to prevent the commission of the alleged offence under subsection (2) by another person in that vehicle.
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