Road Traffic Act 2014

• Permanent Page URL

Amendment of Act of 2010 — taking of blood from unconscious driver

12. The Act of 2010 is amended—

(a) in section 14 (inserted by section 8 of the Road Traffic (No. 2) Act 2011 )—

(i) in subsection (1), by inserting “, or following,” after “in consequence of”,

(ii) by inserting after subsection (3) the following:

“(3A) Where it appears to the member of the Garda Síochána concerned that, for medical reasons, a person referred to in subsection (1) cannot be the subject of, or is incapable of complying with, a requirement under that subsection the member shall direct a designated doctor or designated nurse to take from the person a specimen of his or her blood.”,

(iii) by substituting for subsection (4) the following:

“(4) Before making a requirement of a person under subsection (1) or a direction under subsection (3A) the member of the Garda Síochána concerned shall consult with a doctor treating the person, and if a doctor treating the person advises the member that such a requirement or direction would be prejudicial to the health of the person the member shall not make such requirement or direction.”,

(iv) in subsection (5), by inserting “or a direction under subsection (3A)” after “under subsection (1) ”,

(v) in subsection (6), by inserting “or of taking a specimen of his or her blood as directed under subsection (3A)” after “under subsection (1) ” and

(vi) by inserting after subsection (9) the following:

“(10) It shall be lawful for a designated doctor or nurse to take from the person a specimen of his or her blood as directed under subsection (3A).”,

(b) in section 15—

(i) in subsection (2), by inserting “(other than a specimen taken under section 14(3A))” after “of blood”, and

(ii) by substituting for subsection (3) the following:

“(3) As soon as practicable after—

(a) in the case of a specimen of blood taken under section 14(3A), subsection (1) has been complied with, or

(b) in the case of any other specimen, subsection (2) has been complied with,

a member of the Garda Síochána shall cause to be forwarded to the Bureau—

(i) the completed form referred to in subsection (1),

(ii) where the specimen of blood was taken from the person concerned under section 14(3A), a label, notice or statement in writing to that effect,

(iii) where the person chooses to retain one of the sealed containers offered under subsection (2), the other sealed container, and

(iv) where the person declines to retain, or in the case of a specimen of blood taken under section 14(3A) has not been offered, one of the sealed containers, both sealed containers.”,

(c) in section 17(3), by inserting “, subject to section 17A(3),” after “the Bureau shall”,

(d) by inserting after section 17 the following:

“Permission following taking of blood sample from unconscious driver

17A. (1) Where a specimen of blood has been taken from a person under section 14(3A) a member of the Garda Síochána shall, as soon as practicable but in any event no later than 6 months after the date of the event referred to in section 14(1), require that person to give his or her permission for a completed certificate to be forwarded under section 17.

(2) A member of the Garda Síochána shall notify the Bureau as soon as practicable after he or she has been given the permission of a person following a requirement under subsection (1).

(3) Where the Bureau receives a specimen under section 17 taken from a person under section 14(3A) the Bureau shall not forward a completed certificate under section 17(3) unless the Bureau has received a notification under subsection (2) in relation to that specimen.

(4) The Minister may prescribe forms for the purposes of this section.

(5) A person who, following a requirement under subsection (1), without reasonable excuse, refuses or fails to give his or her permission for a completed certificate to be forwarded under section 17 commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months, or to both.

(6) In a prosecution for an offence under subsection (5) for refusing or failing to give permission for a completed certificate to be forwarded under section 17, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under subsection (1).

(7) Section 1 (1) of the Probation of Offenders Act 1907 does not apply to an offence under this section.”,

(e) in section 19, by inserting “or (3A)” after “or 14(1) ” in both places where it occurs, and

(f) in section 21, by substituting “, 14 or 17A” for “or 14”.