No. 7/1995:

ROAD TRAFFIC ACT, 1995

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Consequential disqualification orders.

3 Transitional.

4 Short title, collective citation and construction.

AN ACT TO AMEND CERTAIN PROVISIONS OF THE ROAD TRAFFIC ACT, 1961 , RELATING TO CONSEQUENTIAL DISQUALIFICATION ORDERS.

[25th May, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1961" means the Road Traffic Act, 1961 ;

"the Act of 1994" means the Road Traffic Act, 1994 ;

"section 26" means section 26 (inserted by the Act of 1994) of the Act of 1961.

2.—Section 26 is hereby amended by the substitution for subsections (3) and (4) of the following subsections:

"(3) A consequential disqualification order resulting from a conviction for an offence under—

( a ) section 53 of this Act tried on indictment, or

( b ) section 106 of this Act, where—

(i) the offence involved a contravention of paragraph (a) or (b) of subsection (1) of that section,

(ii) injury was caused to a person,

(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and

(iv) the convicted person was the driver of the vehicle concerned,

shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.

( 4 ) ( a ) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 49 of this Act consisting of a contravention of subsection (1) of that section,

(ii) subsection (1) of section 50 of this Act,

(iii) section 53 of this Act tried on indictment,

(iv) section 106 of this Act, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3) (b) of this section, or

(v) section 13 , 14 or 15 of the Road Traffic Act, 1994 ,

be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section.

( b ) (i) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 49 of this Act consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 50 of this Act, be—

(I) in the case of a first offence under the said section 49 or 50, as the case may be, not less than the appropriate period specified in column (3) of the Table to this subsection, and

(II) in the case of a second or subsequent offence under the same section, not less than the appropriate period specified in column (4) of that Table.

(ii) In subparagraph (i) of this paragraph, 'appropriate period' means the period that is appropriate having regard to—

(I) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and

(II) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.

TABLE

".

3.—(1) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where a person is convicted of an offence under—

( a ) section 49 or 50 of the Act of 1961,

( b ) section 53 of the Act of 1961, tried summarily, or

( c ) section 13, 14 or 15 of the Act of 1994,

committed on or after the 2nd day of December, 1994, but before the passing of this Act, and the court has, pursuant to the provisions of section 26, made a consequential disqualification order operating to disqualify the person for holding any driving licence whatsoever during—

(i) a specified period, and

(ii) thereafter until he has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness,

the person may apply to the court which made the order for a declaration that the order shall, to the extent, but only to the extent, that it operates to impose the requirement referred to in paragraph (ii) of this subsection, cease to have effect and, if that court considers that circumstances exist which justify such a course, it may make the declaration and, if it does so, the order shall cease to have effect to the extent aforesaid.

(2) ( a ) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where—

(i) a person is convicted of an offence under—

(I) section 49 of the Act of 1961 consisting of a contravention of subsection (2) or (3) of that section, or

(II) subsection (2) or (3) of section 50 of the Act of 1961,

committed on or after the 2nd day of December, 1994, but before the passing of this Act, and

(ii) the court has, pursuant to the provisions of section 26, made a consequential disqualification order in respect of the person,

the person may apply to the court which made the order for a reduction in the period of disqualification specified in the order and that court, if it considers that circumstances exist which justify such a course, may by order substitute in the disqualification order, for that period, a period that is less than that period but is not less than the period that would have been the appropriate period specified in column (3) or (4), as may be appropriate, of the Table to subsection (4) (inserted by this Act) of section 26 in relation to the offence if it had been committed after such passing.

( b ) In paragraph (a) of this subsection, "appropriate period" has the meaning assigned to it by subsection (4) (b) (ii) of section 26.

(3) The provisions of subsections (2) to (8) of section 29 shall apply to applications under this section as they apply to applications under subsection (1) of that section.

(4) Where a consequential disqualification order has been varied under subsection (1) or (2) of this section, an application for the removal of the disqualification concerned may be made in accordance with the provisions of section 29.

(5) In this section, "section 29" means section 29 of the Act of 1961.

4.—(1) This Act may be cited as the Road Traffic Act, 1995 .

(2) The Road Traffic Acts, 1961 to 1994, and this Act may be cited together as the Road Traffic Acts, 1961 to 1995, and shall be construed together as one Act.

ACTS REFERRED TO