The Gazette 1984

GAZETTE

SEPTEMBER1984

any signature, or that the signature is that of the officer.

The provisions of this Section are similar to the provisions

of the Road Traffic (Amendment) Act 1978 whereby the

Certificate of the examining doctor and the analysis of the

Medical Bureau of Road Safety may be proved in

evidence by the mere production of the statutory forms of

certificate. The validity of these certificates have been well

tested in the Courts and it is likely that the same principles

will apply to certificates furnished under Section 10.

Section 12 considerably increases the power of the

Gardai to search and detain persons whom the Gardai

suspect are in possession of a controlled drug ar^d to

detain any vehicle, vessel or aircraft for the purposes of a

search.

In summary, the Act considerably increases the powers

of the Gardai to detect offences relating to controlled

drugs and eases somewhat the burden of proof required to

obtain a conviction. The increase in penalties reflects the

public demand for more effective policing of the current

drug epidemic and for more severe fines and maximum

sentences for persons convicted of drug offences.

•

Road Traffic (Amendment) Act 1983

RACTITIONERS should note the introduction of

the Road Traffic (Amendment) Act 1983 which

came into effect on 18th July 1984. The main purpose of

the Act is to substantially increase penalties for offences

under the Road Traffic Acts 1961 to 1978. The increases

relate mainly to the maximum monetary penalties

applying to Road Traffic offences and the additional

matters contained in the Act consist of a number of new

custodial penalties for offences connected with heavy

goods vehicles, the taking of a vehicle without authority

and unauthorised interference with the mechanism of the

vehicle.

The increases in monetary penalties contained in the

Act fall into three categories:

1. Serious offences

The maximum fine for most serious road traffic

offences has been increased to £1,000. This new

maximum applies to offences connected with

uninsured, drunk and dangerous driving and the

taking of a vehicle without authority. On indict-

ment, the taking of a vehicle without authority is

punishable by a fine of up to £2,000 and / or five

years imprisonment. On indictment, dangerous

driving is punishable by a fine of up to £3,000.

Moderately serious offences

The maximum fine for moderately serious offences

has been increased from £50 to £350.00. This new

maximum will apply to careless driving, dangerous

parking, driving a defective vehicle, unauthorised

interference with the mechanism of a vehicle and to

certain offences involving heavy goods vehicles.

General Penalty

The maximum fine relating to the general penalty

under the Road Traffic Acts has been increased

from £20.00 to £150.00 in the case of a first offence

and from £50.00 to £350.00 for certain second and

subsequent offences. These new fines apply to all

road traffic offences not covered by another specific

penalty including excess speeding, non wearing of

seat belt and most traffic and parking violations.

The Act also provides for an extension from six months

to one year of the minimum period of mandatory

disqualification for a second or subsequent motor

insurance offence within any period of three years. A

convenient ready reckoner of the former penalties and the

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increased penalties is contained in the Explanatory

Memorandum to the Act but the following is a note of the

increased penalties for the more common offences.

ROAD TRAFFIC ACT 1961

Section Offence

No Driving Licence

Driving while

disqualified

Drunk Driving

Drunk in Charge

Driving without due

care and attention

(careless driving)

Dangerous driving

causing serious injury

or death

No Insurance

106

"Hit and Run"

offences

112

Unauthorised taking

of a Vehicle.

Unauthorised taking

of a Vehicle (On

indictment).

Allowing self to be

carried.

Increased Maximum

Penalty

Fine of £1,000 and/or

6 months imprison-

ment.

Fine of £1,000 and/or

6 months imprison-

ment.

Fine of £350 and/or

3 months imprison-

ment.

Fine of £350 and/or

6 months imprison-

ment.

Fine of £1,000 and/or

6 months imprison-

ment.

Fine £3,000 and/or

5 years imprison,

ment (on indictment)

Fine of £1,000 and/or

6 months.

Fine of £1,000 and/or

6 months.

Fine of £1,000 and/or

6 months.

Fine of £2,000 and/or

5 years.

Fine of £1,000 and/or

6 months