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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: 1 June 2011 - onwards
Version 2 of 2

59. Production of driving licence on demand of member of Garda Síochána.

(1) The following section is substituted for section 40 (inserted by section 25 of the Act of 1994 as amended by section 18 of the Act of 2002 and section 13 of the Act of 2006) of the Principal Act:

"40.

(1) A member of the Garda Síochána may demand of a person-

(a) driving in a public place a mechanically propelled vehicle, or

(b) accompanying under regulations under this Act the holder of a learner permit while such holder is driving in a public place a mechanically propelled vehicle,

the production to him or her for his or her inspection of a driving licence then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the licence there and then, he or she commits an offence.

(2) A member of the Garda Síochána may demand of a person who is driving in a public place a mechanically propelled vehicle and is not the holder of a driving licence the production to him or her for his or her inspection of a learner permit then having effect and licensing the person to drive the vehicle. If the person refuses or fails so to produce the learner permit and is a person falling within section 35(1), he or she commits an offence.

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