Chapter 5

Evidential matters, etc

Section 17 sets out the provisions regarding certain evidence in prosecutions under sections 4, 5 and 6 and restates the provisions of section 20 of the Act of 1994.

Section 18 provides for the use of a written statement by a member of the Garda Síochána as evidence in proceedings for offences under sections 4, 5 and 6 following a requirement under section 11(1). Subsection (2) provides for the serving of a copy of the statement on persons in such proceedings.

Section 19 restates section 21 of the Act of 1994 and sets out the provisions regarding certain evidence, including the Evidential Breath Testing Instrument statement under section 12, the form completed by a designated doctor or nurse under section 14, and the certificate of analysis by the Medical Bureau of Road Safety under section 16, in proceedings under Part 2 of the Bill.

Section 20 provides for the ordering by the court of person convicted of an offence under sections 4, 5, 6, 11 or 13 to pay to the court, unless there are special or substantial reasons for not doing so, a contribution towards the costs and expenses incurred by the Medical Bureau of Road Safety in the performance of its functions and restates the provisions of section 22 of the Act of 1994.

Section 21 restates section 23 of the Act of 1994 and provides for the defence to a refusal to permit the taking of specimens of blood by a designated doctor or nurse or to provide two specimens of breath or to the performance of a test under section 11, where there are special or substantial reasons for the person’s refusal.

Section 22 restates section 24 of the Act of 1994 and provides a bar to offences under section 4(1), 5(1) or 6(1).

Chapter 6

Functions of the Bureau

Section 23 provides, through restating section 38 of the Act of 1968, for the functions of the Medical Bureau of Road Safety and removes the requirement that the Medical Bureau of Road Safety, in making arrangements for research or for the supply and testing of equipment or apparatus for the obtaining or testing of specimens of breath, first obtains the consent of the Minister.

Section 24 restates section 42 of the Act of 1968 as amended by section 8 of the Act of 1994 and provides for the protection of the Director or any member, officer or employee of the Medical Bureau arising out of any analysis or determination under section 16 or Chapter 6 of the Bill.

Section 25 amends section 39(2) of the Act of 1968, which provides for the functions of the Director of the Medical Bureau of Road Safety.

Chapter 7

Fixed penalty notice – drink driving

Section 26 provides for an administrative fixed penalty in the case of certain drink driving offences. Drivers (including holders of learner permits, novice and professional drivers), who are detected at BAC levels 0 – 50mg and 51mg – 100mg and who are not disqualified for holding a driving licence at the time of detection or have not availed of the administrative fixed penalty option in the preceding 5 years, will be served with a fixed penalty notice. Court proceedings will not be initiated if payment of the fixed charge, as specified in the notice, is made. Subsection (7) sets out the various penalties in respect of the different BAC levels and drivers.