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Road Traffic Act, 1994 (No. 7)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-4)1. Short title, commencement, construction and collective citation.2. Interpretation.3. Regulations.4. Repeals.Part II The Bureau (ss. 5-8)5. Definitions for Part V of Act of 1968.6. Functions and duties of Bureau.7. Functions of Director.8. Protection of Director, etc., against legal proceedings.Part III Driving Offences (ss. 9-24)9. Interpretation of Part III.10. Prohibition on driving vehicle while under influence of intoxicant.11. Prohibition on being in charge of vehicle while under influence of intoxicant.12. Obligation to provide preliminary breath specimen.13. Obligation to provide specimen following arrest.14. Obligation to accompany member to Garda Síochána station, not under arrest, to provide blood or urine specimen.15. Obligation to provide blood or urine specimen while in hospital.16. Detention of intoxicated drivers where a danger to selves or others.17. Procedure following provision of breath specimen under section 13.18. Procedure regarding taking of specimens of blood and provision of specimens of urine.19. Procedure at Bureau regarding specimens.20. Provisions regarding certain evidence in prosecutions under sections 49 and 50 of Principal Act.21. Provisions regarding certain evidence in proceedings under Road Traffic Acts, 1961 to 1994.22. Costs of prosecutions under sections 49 and 50 of Principal Act and Part III.23. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.24. Bar to certain defence to charges under sections 49 and 50 of Principal Act.Part IV Driving Licences (ss. 25-29)25. Requirement to carry driving licence while driving vehicle.26. Consequential disqualification orders.27. Amendment of provisions relating to removal of consequential disqualification orders.28. Provision of particulars of disqualifications to certain persons.29. Application of provisions of Principal Act to provisional licences.Part V Speed Limits (ss. 30-34)30. Amendment of section 44A of Principal Act.31. Motorway speed limit.32. Amendment of section 45 of Principal Act.33. Special speed limits.34. Amendment of section 47 of Principal Act.Part VI Regulation of Traffic (ss. 35-38)35. Regulations for general control of traffic and pedestrians.35A. Regulations for control of certain vehicles36. Parking of vehicles in parking places on public roads.36A. Bye-laws for restriction on parking - specified events.36B. Inspection of permits.37. Amendment of section 95 of Principal Act.38. Traffic calming measures.Part VII Miscellaneous (ss. 39-49)39. Powers of entry.40. Amendment of Road Vehicles (Registration and Licensing) Order, 1958.41. Detention of vehicles.42. Power of road authority to provide and maintain certain equipment, etc. on public roads.43. Amendment of section 103 of Principal Act.44. Amendment of section 105 of Principal Act.45. Amendment of section 106 of Principal Act.46. Amendment of section 107 of Principal Act.47. Amendment of section 9 of Principal Act.48. Summary proceedings.49. Minor and consequential amendments.
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 October 2011 - onwards
Version 7 of 7

12. Obligation to provide preliminary breath specimen.

Amendments (requiring commencement) by s. 33(c) of the Road Traffic Act, 2010 (No. 25), published 20 July 2010.

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(5) In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act 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 a specimen of breath under this section is an apparatus for indicating the presence of alcohol in the breath.

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