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Road Traffic Act 2016 (No. 21)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-2)1. Short title, commencement, collective citation and construction2. DefinitionsPart 2 Register of Written-off Vehicles (ss. 3-6)3. Definition - Part 24. Vehicle insurer obligations5. Offence of failure to notify6. Publication of information provided by vehicle insurersPart 3 Intoxicated Driving Offences - Driving under the Influence of Drugs (ss. 7-21)7. Amendment of section 3(1) of Act of 2010 - definitions8. Amendment of sections 4 and 5 of Act of 2010 - offences involving certain drugs9. Amendment of section 7(a) of Act of 2010 - power of entry10. Amendment of section 9 of Act of 2010 - obligation to provide preliminary oral fluid specimen11. Mandatory intoxicant testing12. Impairment testing13. Amendment of Act of 2010 - obligation to provide specimens in relation to certain offences involving drugs14. Amendment of section 17(1) of Act of 2010 - analysis of specimen by Bureau15. Amendment of section 18 of Act of 2010 - provisions regarding certain evidence in prosecutions - presumption16. Amendment of section 19(1) of Act of 2010 - written statement by member of Garda Síochána17. Amendment of section 20 of Act of 2010 - presumptions relating to designated doctor or nurse18. Amendment of section 21(1) of Act of 2010 - costs of prosecutions19. Amendment of section 22 of Act of 2010 - defence to refusal to permit taking of specimen of blood20. Amendment of section 26 of Act of 2010 - functions of Bureau21. Amendment of section 26 of Principal Act - consequential disqualificationPart 4 Speed Limits (s. 22)22. Amendment of section 9 of Road Traffic Act 2004 - special speed limitsPart 5 Amendment of Part 3 of the Road Traffic Act 2010 (ss. 23-29)23. Fixed charge offences24. Amendment of section 35 of Act of 2010 - fixed charge notice - service25. Amendment of section 36 of Act of 2010 - fixed charge notice - form26. Amendment of section 37 of Act of 2010 - payment of fixed charge27. Payment of fixed charge notice on service of summons28. Interpretation29. Fixed charge offences - transitional provisionsPart 6 Miscellaneous Amendments - Road Traffic Acts 1961 to 2015 (ss. 30-39)30. Amendment of section 78A of Principal Act - details of motor insurance policies to be provided31. Regulation of Rickshaws32. Amendment of section 107 of Principal Act - obligation on cyclists to give name and address etc. on demand to member of Garda Síochána33. Amendment of section 22 of Road Traffic Act 200234. Amendment of First Schedule to Road Traffic Act 2002 - penalty points35. Amendment of Part 4 of First Schedule to Road Traffic Act 2002 - penalty points36. Amendment of Part 3 of Act of 2010 - fixed charge offences37. Amendment of section 4 of Vehicle Clamping Act 201538. Amendment of section 50 of Act of 2010 - payment deposit39. Learner Driver driving unaccompanied (Owner)Part 7 Agreement on the Mutual Recognition of Driving Disqualifications between Ireland and the United Kingdom of Great Britain and Northern Ireland (ss. 40-41)40. Disqualification pursuant to Agreement between State and United Kingdom41. Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002Schedule - Agreement on the Mutual Recognition of Driving Disqualifications between Ireland and the United Kingdom of Great Britain and Northern Ireland
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 13 April 2017 - onwards
Version 2 of 2

19. Amendment of section 22 of Act of 2010 - defence to refusal to permit taking of specimen of blood

Section 22 of the Act of 2010 is amended by inserting after subsection (4) the following:

"(4A) In a prosecution of a person for an offence under section 13B for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, 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.".

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