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Road Traffic Act, 1968 (No. 25)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-7)1. Short title.2. Interpretation.3. Collective citation and construction.4. Commencement.5. Repeals.6. Minor and consequential amendments of Principal Act.7. Non-application of Public Offices Fees Act, 1879.Part II General Provisions Relating to Vehicles (ss. 8-17)8. Control of supply of vehicles.9. Control of importation, etc., of vehicle parts.10. Control and operation of trailers.11. Determination of maximum weights.12. Inspection and examination of vehicles.13. Inspection and examination of vehicles in large fleets.14. Approval marks.15. Obligatory penalty for excess weight.16. Extension of powers of authorised officer under section 16 of Principal Act.17. Extended power of making regulations relating to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952.Part III Driving Licences (ss. 18-23)18. Regulations in relation to control of driving instruction.18A. Disqualification of driving instructors19. Amendment of section 29 of Principal Act.20. Operation of disqualification order.21. Amendment of section 33 of Principal Act.22. Limited certificates of competency for special cases.23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.Part IV Speed Limits (ss. 24-26)24. General speed limit.25. Amendment of section 46 of Principal Act.26. Amendment of section 47 of Principal Act.Part V Driving Offences (ss. 27-52)27. Definitions for Part V.28. Obligation to provide preliminary specimen of breath.29. Amendment of section 49 of Principal Act.30. Obligation to provide, or permit taking of, specimen at Garda station (section 49).31. Bar to certain defences to charges under section 49 of Principal Act.32. Amendment of section 50 of Principal Act.33. Obligation to provide, or permit taking of, specimen at Garda station (section 50).34. Bar to certain defences to charges under section 50 of Principal Act.35. Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act.36. Defence to refusal to permit taking of specimen.37. Establishment of Bureau for purposes of this Part.38. Functions and duties of the Bureau.39. Director of the Bureau.40. Provisions of the establishment order.41. Expenses of the Bureau.42. Protection of Director, etc., against legal proceedings.43. Procedure following taking or provision of specimen.44. Evidential effects of certificate under section 43.45. Right to further analysis.46. Opportunity to have taken or to give additional specimen, or to be supplied with portion of specimen.47. Regulations for sections 27 to 46.48. Driving animal-drawn vehicle or pedal cycle while under influence of intoxicating liquor or drug.49. Driving without reasonable consideration.50. Careless driving.51. Amendment of section 53 of Principal Act.52. Amendment of section 55 of Principal Act.Part VI Compulsory Insurance (ss. 53-55)53. Cesser of provisions of Principal Act relating to approved guarantee.54. Exempted person.55. Deposits by exempted persons.Part VII Public Service Vehicles (ss. 56-58)56. Penalty for damaging public service vehicle.57. Amendment of section 82 of Principal Act.58. Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.Part VIII Regulation of Traffic (ss. 59-63)59. Penalty on person found in a public place while under influence of intoxicating liquor or drug.60. Regulations for the general control of traffic and pedestrians.61. Amendment of section 93 of Principal Act.62. Transfer of traffic functions to local authorities.63. Removal of vehicles abandoned or unlawfully parked.Part IX Miscellaneous (ss. 64-66)64. Amendment of section 103 of Principal Act.65. Taking vehicle without authority.66. Investigation and inquiry by person authorised by Minister into accident involving vehicle.Schedule - Minor and consequential amendments of Principal ActSchedule 2 Specified offencesSchedule 2, Part 1 Life DisqualificationSchedule 2, Part 2 Disqualification for Specified PeriodSchedule 2, Part 3 Disqualification For A Specified Period (Road Traffic Offences)
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 5 March 2007 - onwards
Version 5 of 5

23. Penalty for undergoing or attempting to undergo test under section 33 of Principal Act in name of other person.

(1) A person who undergoes or attempts to undergo a test arranged under section 33 of the Principal Act in the name of some other person shall be guilty of an offence.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding €2,000 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) Where a certificate of competency is issued on completion of a test in relation to which an offence under this section has been committed, such certificate and any driving licence granted in pursuance of an application accompanied by such certificate shall be void and of no effect.

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