The Gazette 1984

GAZETTE

SEPTEMBER1984

any signature, or that the signature is that of the officer. The provisions of this Section are similar to the provisions of the Road Traffic (Amendment) Act 1978 whereby the Certificate of the examining doctor and the analysis of the Medical Bureau of Road Safety may be proved in evidence by the mere production of the statutory forms of certificate. The validity of these certificates have been well tested in the Courts and it is likely that the same principles will apply to certificates furnished under Section 10.

Gardai to search and detain persons whom the Gardai suspect are in possession of a controlled drug ar^d to detain any vehicle, vessel or aircraft for the purposes of a search. In summary, the Act considerably increases the powers of the Gardai to detect offences relating to controlled drugs and eases somewhat the burden of proof required to obtain a conviction. The increase in penalties reflects the public demand for more effective policing of the current drug epidemic and for more severe fines and maximum sentences for persons convicted of drug offences. •

Section 12 considerably increases the power of the

Road Traffic (Amendment) Act 1983 P RACTITIONERS should note the introduction of the Road Traffic (Amendment) Act 1983 which came into effect on 18th July 1984. The main purpose of the Act is to substantially increase penalties for offences under the Road Traffic Acts 1961 to 1978. The increases relate mainly to the maximum monetary penalties applying to Road Traffic offences and the additional matters contained in the Act consist of a number of new custodial penalties for offences connected with heavy goods vehicles, the taking of a vehicle without authority and unauthorised interference with the mechanism of the vehicle. The increases in monetary penalties contained in the Act fall into three categories: 1. Serious offences 38 The maximum fine for most serious road traffic offences has been increased to £1,000. This new maximum applies to offences connected with uninsured, drunk and dangerous driving and the taking of a vehicle without authority. On indict- ment, the taking of a vehicle without authority is punishable by a fine of up to £2,000 and / or five years imprisonment. On indictment, dangerous driving is punishable by a fine of up to £3,000. 2. Moderately serious offences The maximum fine for moderately serious offences has been increased from £50 to £350.00. This new maximum will apply to careless driving, dangerous parking, driving a defective vehicle, unauthorised interference with the mechanism of a vehicle and to certain offences involving heavy goods vehicles. 3. General Penalty The maximum fine relating to the general penalty under the Road Traffic Acts has been increased from £20.00 to £150.00 in the case of a first offence and from £50.00 to £350.00 for certain second and subsequent offences. These new fines apply to all road traffic offences not covered by another specific penalty including excess speeding, non wearing of seat belt and most traffic and parking violations. The Act also provides for an extension from six months to one year of the minimum period of mandatory disqualification for a second or subsequent motor insurance offence within any period of three years. A convenient ready reckoner of the former penalties and the !238 49 50 52 53 56 106 112

increased penalties is contained in the Explanatory Memorandum to the Act but the following is a note of the increased penalties for the more common offences.

ROAD TRAFFIC ACT 1961

Section Offence

Increased Maximum Penalty Fine of £1,000 and/or 6 months imprison- ment. Fine of £1,000 and/or 6 months imprison- ment. Fine of £350 and/or 3 months imprison- ment. Fine of £350 and/or 6 months imprison- ment. Fine of £1,000 and/or 6 months imprison- ment. Fine £3,000 and/or 5 years imprison, ment (on indictment) Fine of £1,000 and/or 6 months. Fine of £1,000 and/or 6 months. Fine of £1,000 and/or 6 months. Fine of £2,000 and/or 5 years.

No Driving Licence Driving while disqualified

Drunk Driving

Drunk in Charge

Driving without due care and attention (careless driving)

Dangerous driving

Dangerous driving causing serious injury or death

No Insurance

"Hit and Run" offences

Unauthorised taking of a Vehicle. Unauthorised taking of a Vehicle (On indictment). Allowing self to be carried.

Fine of £1,000 and/or 6 months