Seanad debates

Wednesday, 5 February 2014

Road Traffic (No. 2) Bill 2013: Committee Stage

 

3:05 pm

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

I welcome the Senator's amendment but I believe it is already catered for in existing legislation and in an amendment from Deputy Dooley that was brought through in the Dáil. Under that amendment, which is now contained in this Bill, if an injury has been caused to a person, or any person appears to require assistance, the driver of the vehicle shall offer assistance. This puts the requirement on a person to do exactly that, namely, offer assistance if there has been an injury to a person as a result of a collision. If the person knowingly does not do so, they can be convicted, with a fine of up to €20,000 and up to ten years imprisonment. This is where a serious injury has been caused to a person. If the injury is caused to property, that is, to the car itself or if somebody crashes into property, the requirements of the law in section 106(1) of the Road Traffic Act 1961 apply. It states:


Where injury is caused to person or property in a public place and a vehicle is involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), the following provisions shall have effect:(a) if the vehicle is not stationary after the occurrence, the driver of the vehicle shall stop the vehicle;
(b) the driver or other person in charge of the vehicle shall keep the vehicle at or near the place of the occurrence for a period which is reasonable in all the circumstances of the case and having regard to the provisions of this section;
(c) the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall give on demand the appropriate information to a member of the Garda Síochána ...
In that case, if a person does not stop their vehicle, that person can be subject to a fine or a term not exceeding three months imprisonment. Obviously, where an injury is caused, the penalties are much more severe. Therefore, I believe this is covered in the existing provisions.

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