Road Traffic Act 2014
The Road Traffic Bill 2013 was signed into law on 25th February 2014 and is now known as the Road Traffic Act 2014.
Details of the Road Traffic Act 2014
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Published 27 June 2013
Link to Road Traffic Bill (pdf)
PARC members met with Minister Varadkar on several occasions and requested changes in law.
Resulting inclusions in 2013 Bill:
Link to Road Traffic Act 2011 (pdf)
The Road Traffic Act 2011 provides for the mandatory alcohol testing of drivers involved in road traffic collisions where there is death or injury or where injury is claimed. From 1 June 2011 Gardai attending a fatal or injury related crash must test all surviving drivers involved unless such a test would be prejudicial to that driver’s health. Where a driver fails the preliminary test at the scene, he/she is taken to the Garda station for an evidential test to be conducted which will give the exact alcohol level. In circumstances where to take an evidential sample would be prejudicial to the health of the driver, and the driver attends hospital, the Garda must request a test be carried out by a doctor/nurse. The medical doctor treating the driver may refuse such a test should they decide it would be prejudicial to the health of the person. This legislation does not allow for the testing of an unconscious driver but a provision has been included in the Road Traffic Bill 2013. Note: Professional drivers, learner drivers and those who are newly qualified are subject to a lower 20 mg drink driving limit since 2010.If the Garda forms an opinion that a driver has consumed an intoxicant but he/she passes the alcohol test then a test for drugs may be carried out.
All fatalities are tested automatically for alcohol and drugs including medications as part of the post mortem examination - under Coroners Law.
Road Traffic Act 2010
Link to Road Traffic Act 2010 (pdf)
Section 63 of the Road Traffic Act 2010 was implemented by Minister for Transport Leo Varadkar on 28 October 2011
This court notice informs motorists of the new law requiring drivers convicted in court to produce their driving licence and a photocopy to the court clerk, on the day, for the purpose of having the driving licence number recorded. If a driver fails to produce his/her licence to the court they are guilty of an offence resulting in a fine of up to €1,000 for a first offence; €1,500 for a second offence and €2,000 for a third or subsequent offence.
See below exact copy of the notice which is found in the court.
The Road Traffic Bill 2013 was signed into law on 25th February 2014 and is now known as the Road Traffic Act 2014.
Details of the Road Traffic Act 2014
- Roadside impairment testing, where Gardaí can carry out cognitive tests to establish if a driver is under the influence of an intoxicant. The result of the test can be used if a prosecution proceeds.
- A new Road Traffic offence of tampering with an odometer (clocking) with a penalty of €2,500 and/or three months in prison.
- Tougher penalties for involvement in a hit & run accident as follows:
When a person flees the scene, with intent to escape liability, and does not offer assistance, knowing injury has been caused, €10,000 and/or seven years; where death results, €20,000 and/or ten years. - The Act changes the level of penalty points for several offences. These changes will come into effect when the Garda Pulse system is next updated. There will be increases for offences such as: Speeding will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
Mobile phone use will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
Non-wearing of seatbelts will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge. - Taking a blood specimen in hospital from a driver incapacitated following a road traffic collision. The permission of the treating doctor will be required before the specimen can be taken and the results of the analysis will be revealed only when the driver can, subsequently, give permission.
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- Introducing the concept of ‘Novice’ for the first two years of a first licence. Novices will be required to display an ‘N’ plate;
- Setting the disqualifying level for novice and learner drivers at 7 penalty points, just over half the level for other drivers;
- Requiring learner drivers to produce a log book indicating that they have taken a minimum (to be specified in Regulations) of accompanied driving experience before taking a driving test. This is in addition to the 12 formal lessons with approved driving instructors already required.
- Learner permit holders driving unaccompanied and or failing to display an L-plate will now attract two penalty points for each offence.
Published 27 June 2013
Link to Road Traffic Bill (pdf)
PARC members met with Minister Varadkar on several occasions and requested changes in law.
Resulting inclusions in 2013 Bill:
- Existing offence and penalty for non-display of an L- Plate moved from secondary to primary legislation in the Road Traffic Bill 2013. Failure to display an L plate will result in 2 penalty points on payment of fixed charge or 4 points on conviction.
- Learner Permit Holders-
Existing offence and penalty for driving unaccompanied by a qualified driver (with 2 years full licence) moved from secondary to primary legislation. Failure to obey this law will result in 2 penalty points on payment of fixed charge or 4 points on conviction. - Taking blood from unconscious drivers in hospital-
PARC researched best practise in relation to the testing of the unconscious driver and a submission was sent to the Minister and to the Transport Oireachtas Committee in 2011. PARC also succeeded in bringing it before the Irish Medical Organisation (IMO) meeting and they rubberstamped this practice as being suitable. The 2013 Bill puts a Mandatory obligation on Garda to direct a designated doctor/nurse to take a specimen of blood, in a hospital, from unconscious drivers or drivers who are incapable of being subject to a requirement to provide a specimen. This sample would be taken and stored by the MBRS until such time as the driver regains consciousness and gives permission for a completed certificate of blood results to be forwarded. Since 1 June 2011 there is a mandatory obligation on all drivers who have been involved in a crash resulting in death or injury to a person to be tested for alcohol either at the scene or later in hospital. The 2013 Bill closes the only existing loophole relating to an unconscious driver. (See PARC's submission)
- Learner log book. Onus will be on a learner driver to ensure that this book is filled out each time he/she drives with an accompanying driver and ensure that the times of the experience are signed off by their accompanying driver. The learner will be required to produce the logbook when presenting themselves for the driving test.
- Penalty Points. Learners to be automatically disqualified for 6 months after accumulating 6 penalty points on their licence.
- Arresting powers of An Garda Siochana- a member of An Garda Siochana may arrest a driver found to be driving while disqualified and then bring those drivers under the mandatory alcohol testing regime. This rectifies the current situation in which there is no power of arrest relating to drivers found to be driving while disqualified.
Link to Road Traffic Act 2011 (pdf)
The Road Traffic Act 2011 provides for the mandatory alcohol testing of drivers involved in road traffic collisions where there is death or injury or where injury is claimed. From 1 June 2011 Gardai attending a fatal or injury related crash must test all surviving drivers involved unless such a test would be prejudicial to that driver’s health. Where a driver fails the preliminary test at the scene, he/she is taken to the Garda station for an evidential test to be conducted which will give the exact alcohol level. In circumstances where to take an evidential sample would be prejudicial to the health of the driver, and the driver attends hospital, the Garda must request a test be carried out by a doctor/nurse. The medical doctor treating the driver may refuse such a test should they decide it would be prejudicial to the health of the person. This legislation does not allow for the testing of an unconscious driver but a provision has been included in the Road Traffic Bill 2013. Note: Professional drivers, learner drivers and those who are newly qualified are subject to a lower 20 mg drink driving limit since 2010.If the Garda forms an opinion that a driver has consumed an intoxicant but he/she passes the alcohol test then a test for drugs may be carried out.
All fatalities are tested automatically for alcohol and drugs including medications as part of the post mortem examination - under Coroners Law.
Road Traffic Act 2010
Link to Road Traffic Act 2010 (pdf)
Section 63 of the Road Traffic Act 2010 was implemented by Minister for Transport Leo Varadkar on 28 October 2011
This court notice informs motorists of the new law requiring drivers convicted in court to produce their driving licence and a photocopy to the court clerk, on the day, for the purpose of having the driving licence number recorded. If a driver fails to produce his/her licence to the court they are guilty of an offence resulting in a fine of up to €1,000 for a first offence; €1,500 for a second offence and €2,000 for a third or subsequent offence.
See below exact copy of the notice which is found in the court.
