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Road Traffic Act 2010 (No. 25)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-2)1. Short title, commencement, collective citation and construction.2. Definitions.Part 2 Intoxicated Driving Offences (ss. 3-33)Chapter 1 General (s. 3)3. Interpretation Part 2.Chapter 2 Intoxicated driving offences (ss. 4-7)4. Prohibition on driving mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.5. Prohibition on being in charge of mechanically propelled vehicle while under influence of intoxicant or if exceeding alcohol limits.6. Prohibition on driving animal-drawn vehicle or pedal cycle while under influence of intoxicant.7. Power of entry.Chapter 3 Roadside breath and impairment testing (ss. 8-11)8. Failure or refusal to produce licence.8A. Alternative verdicts.9. Obligation to provide preliminary breath specimen.10. Mandatory alcohol testing.11. Preliminary impairment testing.Chapter 4 Procedure in relation to providing specimen at Garda Síochána station, etc. (ss. 12-17A)12. Obligation to provide breath, blood or urine specimens following arrest under Part 2.13. Procedure following provision of breath specimen under section 12.13A. Obligation to provide oral fluid specimen following arrest under Part 2.13B. Obligation to provide blood specimen where suspected of certain offences involving drugs.14. Obligation to provide blood or urine specimen while in hospital.15. Procedure regarding taking of specimens of blood and provisions of specimens of urine.16. Detention of intoxicated drivers where a danger to selves or others.17. Procedure at Bureau regarding specimens.17A. Permission following taking of blood sample from unconscious driver.Chapter 5 Evidential matters, etc. (ss. 18-23)18. Provisions regarding certain evidence in prosecutions under section 4 or 5.19. Written statement by member of Garda Síochána in respect of requirement under section 12(1).20. Provisions regarding certain evidence in proceedings under Part 2.21. Costs of prosecutions under Part 2.22. Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.23. Bar to certain defence to charges under section 4(1), 5(1) or 6(1).Chapter 6 Medical examination at Garda Síochána station or hospital (ss. 24-25)24. Medical examination at Garda Síochána station or hospital.25. Evidential matters.Chapter 7 Functions of Bureau (ss. 26-28)26. Functions of Bureau.27. Protection of Director, etc., against legal proceedings.28. Functions of Director.Chapter 8 Fixed penalty notice drink driving (s. 29)29. Fixed penalty notice drink driving.Chapter 9 Transitional measures (ss. 30-32)30. Written statement by member of Garda Síochána in respect of requirement under section 13(1) of Act of 1994.31. Amendment of section 39(2) of Act of 1994 power of entry.32. Amendment of section 5 of Act of 2006 fixed disqualification notice.Chapter 10 Repeals (Part 2) (s. 33)33. Repeals Part 2.Part 3 Fixed Charge Offences and Notice (ss. 34-49A)34. Fixed charge offences.35. Fixed charge notice service.36. Fixed charge notice form.37. Payment of fixed charge.38. Presumptions.39. Regulations information regarding drivers of mechanically propelled vehicles.40. Offences in relation to fixed charge notices.41. Regulations fixed charge amounts.42. Traffic wardens.43. Outsourcing.44. Payment of fixed charge on service of summons.45. Offence by body corporate.46. Fixed charge notice traffic wardens.47. Interpretation.48. Transitional measure onus of proof in respect of named driver and discharge duties of registered owner section 103(4) of Principal Act.49. Repeals Part.49A. Fixed charge offences - transitional provisions.Part 4 Payment Deposit (ss. 50-52)50. Payment deposit from non-resident drivers in respect of certain alleged offences.51. Prosecution in absentia.52. Regulations (Part 4).Part 5 Penalty Points (ss. 53-55)53. Penalty points endorsement of points.54. Amendment of First Schedule to Act of 2002 - penalty points.55. Probation of Offenders Act 1907 not to apply to penalty point offences.Part 6 Driving Licence (ss. 56-63)56. Definitions driving licence.57. Matters relating to issue of Irish driving licences and learner permits.58. Prohibition on applying for Irish driving licence or learner permit where disqualified.59. Production of driving licence on demand of member of Garda Síochána.60. Member of Garda Síochána may seize licence in certain circumstances.61. Production of driving licence to member of Garda Síochána subsequent to commission of road traffic offence.62. Obligation to give current address to member of Garda Síochána.63. Production of driving licence to court.Part 7 Disqualification (ss. 64-68)64. Disqualification for holding driving licence.65. Consequential disqualification orders.66. Transitional provision consequential disqualification orders.67. Amendment of section 29 of Principal Act removal of disqualification and repeal.68. Amendment of section 9 of Act of 2002 disqualification under European Convention on driving disqualifications.Part 8 Certain Driving Offences (ss. 69-70)69. Inconsiderate, careless and dangerous driving, etc.70. Repeals Part 8.Part 9 Miscellaneous (ss. 71-92)71. Definitions Principal Act.72. Driving or being in charge of a substantially disabled mechanically propelled vehicle.73. Production of certificate of insurance or guarantee.74. Signature of applicant driving licence, etc.75. Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.76. Amendment of section 47 of Principal Act offence of exceeding speed limit.77. Vehicle insurers to provide details of motor insurance policies.78. Regulatory signs.79. Duty to give information on demand by member of Garda Síochána.80. Right to demand name and address, etc., of pedal cyclist.81. Evidence in relation to speeding and certain other offences.82. Cost of prosecutions road traffic offences.83. Functions of Commissioner of Garda Síochána.84. Amendment of section 15 of Act of 1968 increase in certain penalties.85. Regulations control of driving instructors.86. Special speed limits.87. Exemptions for emergency vehicles.88. Penalty supply of mechanically propelled vehicle to minor.89. Display of local authority permits.90. Detention of vehicles.91. Repeal.92. Certificates of competency display of tax disc and test certificate.Schedule - Specified Drugs
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 October 2011 - onwards
Version 2 of 2

13. Procedure following provision of breath specimen under section 12.

(1) Where, consequent on a requirement under section 12(1)(a) of him or her, a person provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen-

(a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and

(b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol,

shall be taken into account for the purposes of sections 4(4) and 5(4) and the other specimen shall be disregarded.

(2) Where the apparatus referred to in section 12(1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 4(4) or section 5(4), he or she shall be supplied immediately by a member of the Garda Síochána with 2 identical statements, automatically produced by that apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in that specimen determined by that apparatus.

(3) On receipt of those statements, the person shall on being requested so to do by the member-

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