Road Traffic Act 2016

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Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral fluid specimen

10. Section 9 (as inserted by section 7 of the Road Traffic (No. 2) Act 2011 ) of the Act of 2010 is amended—

(a) in subsection (1)(a) by substituting “an intoxicant” for “intoxicating liquor”,

(b) by substituting for subsection 2(b) the following:

“(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide, by exhaling into such an apparatus, a specimen of his or her breath in the manner indicated by him or her or that other member, or”,

(c) by inserting after subsection (2) the following:

“(2A) A member of the Garda Síochána may require a person referred to in subsection (1) —

(a) to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by the member,

(b) to accompany him or her, or another member of the Garda Síochána, to a place (including a vehicle) at or in the vicinity of the public place concerned and there to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member, or

(c) where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána (for a period that does not exceed one hour) until such an apparatus becomes available to him or her and then to provide a specimen of oral fluid from his or her mouth, using an apparatus for indicating the presence of drugs in oral fluid, in the manner indicated by him or her or that other member.

(2B) Where a member of the Garda Síochána makes a requirement under subsection (2A), the member may request the person of whom the requirement is made to produce for inspection any medical certificate of exemption referred to in section 4(1B) or 5(1B) which he or she holds.”,

and

(d) by inserting after subsection (5) the following:

“(5A) In a prosecution for an offence under section 4 or 5 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 an oral fluid specimen under this section is an apparatus for indicating the presence of drugs in oral fluid.”.