Seanad debates

Thursday, 29 September 2011

Road Traffic (No. 2) Bill 2011: Committee and Remaining Stages

 

12:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)

I must admit that the purpose of the amendment is to correct an error we spotted in the text. Section 5 deals with the failure or refusal of a driver to produce a licence when a requirement is made to provide a breath specimen under sections 9 and 10 of the Road Traffic Act. Essentially, one is required to produce one's driving licence if one is breath-tested under sections 9 and 10. The issue relates to being a specified driver, that is, a novice, learner or professional driver if one does not provide a licence after a breath test. There is no requirement to provide a licence if one is arrested or taken to hospital first. The purpose of the amendment is to extend the provision to ensure that if a person who is breath-tested is taken to hospital or arrested, he or she must provide a driver's licence. If he or she fails to do so, it is assumed that he or she is a novice, learner or professional driver until he or she shows otherwise.

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