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24 1961

ROAD TRAFFIC ACT, 1961

PART IX.

Miscellaneous.

General penalty.

102. —Where a person is guilty of an offence under any section or subsection of a section of this Act and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction—

(a) in the case of a first offence under that section or subsection—to a fine not exceeding twenty pounds,

(b) in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph—to a fine not exceeding fifty pounds, and

(c) in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months—to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Special provision applying where certain offences are alleged to have been committed.

103. —(1) This section applies to such offences under this Act as may be declared by the Minister by regulations to be offences to which this section applies.

(2) Where a member of the Garda Síochána finds a person and has reasonable grounds for believing that such person is committing or has committed an offence to which this section applies, the member may deliver to such person a notice in the prescribed form stating—

(a) that such person is alleged to have committed that offence,

(b) that such person may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.

(3) Where a member of the Garda Síochána finds a mechanically propelled vehicle and has reasonable grounds for believing that an offence to which this section applies involving the use of the vehicle is being or has been committed, the member may affix to the vehicle a notice in the prescribed form stating—

(a) that that offence is alleged to have been committed,

(b) that a person liable to be prosecuted for the offence may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.

(4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section—

(a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána at the Garda Síochána station specified in the notice the payment specified in the notice accompanied by the notice,

(b) the member may receive the payment, issue a receipt therefor, retain it for disposal in accordance with this Act and no payment so received shall in any circumstances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice or, if the payment specified in the notice is made during that period, at all.

(5) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(6) A notice affixed to a vehicle under subsection (3) of this section shall not be removed or interfered with except by a person to whom the notice applies.

(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.

Notice of offence.

104. —Where a person is charged with an offence under section 47 , 52 or 53 of this Act, he shall not be convicted of the offence unless either—

(a) he was warned at the time at which the offence is alleged to have been committed, or within twenty-four hours thereafter, that the question of prosecuting him for an offence under some one of those sections would be considered, or

(b) within fourteen days after the commission of the offence, a summons for the offence was served on him, or

(c) within those fourteen days a notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute the offence and stating the inten- tion to prosecute him therefor was served personally or by registered post on him or (in the case of a mechanically propelled vehicle) on the registered owner of the vehicle in relation to which the offence is alleged to have been committed:

Provided that—

(i) failure to comply with this requirement shall not be a bar to conviction in a case in which the court is satisfied that—

(I) the accused by his own conduct contributed to the failure, or

(II) in case the offence alleged to have been committed is in relation to a mechanically propelled vehicle, neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served as aforesaid, or

(III) in case the offence alleged to have been committed is not in relation to a mechanically propelled vehicle, the name and address of the accused could not with reasonable diligence have been ascertained in time for a summons to be served or a notice to be sent as aforesaid, and

(ii) it shall be presumed, until the contrary is shown by the defendant, that the requirement of this section has been complied with.

Evidence of speed.

105. —Where the proof of the commission of an offence under this Act involves the proof of the speed at which a person (whether the accused or another person) was driving—

(a) the uncorroborated evidence of one witness stating his opinion as to that speed shall not be accepted as proof of that speed,

(b) the onus of establishing that speed prima facie may be discharged by tendering evidence of indications from which that speed can be inferred which were given by a watch or electronic or other apparatus, and it shall not be necessary to prove that the watch or electronic or other apparatus was accurate or in good working order.

Duties on occurrence of accident.

106. —(1) 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 or, if no such member is present, to one person entitled under this section to demand such information;

(d) if a member of the Garda Síochána is not present at the occurrence and either—

(i) there is no person entitled under this section to demand the information, or

(ii) the case is one in which, as respects the sole person entitled under this section to demand the appropriate information or each of the persons so entitled, it is reasonably clear that he could not be expected to make a demand because of injury, illness, age or other disability,

the driver of the vehicle or, if he is killed or incapacitated, the person then in charge of the vehicle shall report the occurrence as soon as possible to a member of the Garda Síochána and, if necessary, shall go for that purpose to the nearest convenient Garda Síochána station and also shall give on demand the appropriate information to the member.

(2) Where—

(a) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and

(b) the member is not aware of the place where the vehicle is being kept,

the member may require the owner of the vehicle to state to the member where the vehicle is being kept and the owner shall comply with that requirement.

(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction—

(a) in a case in which injury is caused to person, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment, and

(b) in any other case, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(4) In this section “appropriate information” means the name and address of the person required by this section to give such information, the name and address of the owner of the vehicle of which such person is the driver or is in charge, the identification mark of such vehicle under the Roads Act, 1920, or any other enact ment and particulars of the insurance or guarantee of the vehicle pursuant to this Act.

(5) The persons entitled under this section to demand the appropriate information are—

(a) in the case of injury to a person, that person or, where that person is killed or incapacitated, any one other person for the time being having charge of the person so injured by reason of family relationship, the relationship of master and servant or otherwise,

(b) in the case of injury to property, the owner of the property or, where the owner of the property is killed or injured or is not present, any one person having charge of the property,

(c) where there is no person entitled under whichever of the foregoing paragraphs is applicable, any one person who was present when the injury was inflicted and who is not the employer of or in the employment or company of the person required to give the information.

(6) (a) Where—

(i) a member of the Garda Síochána has reasonable grounds for believing that an injury has been caused to person or property in a public place and that a vehicle was involved in the occurrence of the injury (whether the use of the vehicle was or was not the cause of the injury), and

(ii) the member has, either consequent upon a statement made pursuant to subsection (2) of this section or otherwise, reasonable grounds for believing that the vehicle is being kept in any premises,

the member may, on information on oath, apply to any Justice of the District Court or Peace Commissioner for a warrant under this subsection.

(b) On an application being made under the foregoing paragraph, the Justice of the District Court or Peace Commissioner to whom the application is made may, if he so thinks proper, by warrant—

(i) authorise any specified member or members of the Garda Síochána to enter, within one week from the date of the warrant, and if necessary by the use of force, the premises to which the application relates, and

(ii) authorise any person or persons entering the premises under the warrant to search the premises and to examine, and take possession of for the purposes of examination, any vehicle found during the search,

and any such warrant shall operate in accordance with its terms.

Duty to give information on demand by member of Garda Síochána.

107. —(1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that an offence under this Act has been committed and that the vehicle in relation to which the offence was committed does not carry its identification mark under the Roads Act, 1920, or any other enactment, the member may arrest without warrant the person whom he has reasonable grounds for believing was using the vehicle when the offence was so believed to have been committed.

(3) Where a person, when his name and address is demanded of him under this section, refuses or fails to give his name and address or gives a name or address which is false or misleading, such person shall be guilty of an offence.

(4) Where a member of the Garda Síochána has reasonable grounds for believing that there has been an offence under this Act involving the use of a mechanically propelled vehicle—

(a) the owner of the vehicle shall, if required by the member state whether he was or was not actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence,

(b) if the owner of the vehicle states that he was not actually using it at the material time, he shall give such information as he may be required by the member to give as to the identity of the person who was actually using it at that time and, if he fails to do so, shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who that person was,

(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his power to give and which may lead to the identification of the person who was actually using the vehicle at the material time and, if he fails to do so, shall be guilty of an offence.

(5) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Right to demand name and address of pedal cyclist.

108. —A member of the Garda Síochána may demand of a person in charge of a pedal cycle whom the member suspects of having committed any crime or offence or of having been concerned or involved in a collision or other event in a public place causing injury to person or property, the name and address of such person, and if such a person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, the member may take the cycle, by force if necessary, and retain it until such time as he is satisfied as to the identity of such person.

Obligation to stop.

109. —(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Disposition of vehicle on arrest of person in charge.

110. —Where a member of the Garda Síochána arrests under this Act without warrant a person in charge of a mechanically propelled vehicle, the member may, if the circumstances so require, take or cause to be taken such steps as he may consider proper for the temporary disposition of the vehicle.

Identification of member of Garda Síochána.

111. —Where, in exercise of any power or the performance of any duty conferred or imposed by or under this Act, any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—

(a) is in uniform, or

(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

Taking vehicle without authority.

112. —(1) A person shall not use or take possession of a mechanically propelled vehicle without the consent of the owner thereof or other lawful authority.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) A person shall not use or take possession of a pedal cycle without the consent of the owner thereof or other lawful authority.

(4) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

(6) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

(7) Where, when a person is tried on indictment or summarily for the larceny of a vehicle, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of the larceny of the vehicle but was guilty of an offence under this section in relation to the vehicle, the jury or court may find him guilty of that offence and he may be sentenced accordingly.

Unauthorised interference with mechanism of vehicle.

113. —(1) A person shall not, without lawful authority or reasonable cause, interfere or attempt to interfere with the mechanism of a mechanically propelled vehicle while it is stationary in a public place, or get on or into or attempt to get on or into the vehicle while it is so stationary.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

(4) This section shall not apply to a person taking, in relation to a mechanically propelled vehicle which is obstructing his lawful ingress or egress to or from any place, such steps as are reasonably necessary to move the vehicle by human propulsion for a distance sufficient to terminate the obstruction.

(5) Where a person is charged with an offence under this section, it shall be a good defence to the charge for him to show that, when he did the act alleged to constitute the offence, he believed, and had reasonable grounds for believing, that he had lawful authority for doing that act.

Limitations on periods of continuous driving.

114. —(1) Each of the following periods or series of periods of driving shall be an excessive period for the purposes of this section:

(a) any continuous period of driving exceeding five and one-half hours;

(b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;

(c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.

(2) For the purposes of subsection (1) of this section—

(a) Where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, the period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if the driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;

(b) any two consecutive periods of driving shall be regarded as one continuous period unless they are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;

(c) any time spent by the driver of a vehicle at work (other than driving) in relation to the vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on the vehicle while on a journey, shall be reckoned as time spent in driving;

(d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with the vehicle while it is not on a public road shall not be reckoned as time spent in driving.

(3) A person shall not drive, or cause or permit any person employed by him or subject to his orders to drive, for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is intended or adapted solely for the drawing of another vehicle or is fitted with a body intended or adapted solely for the carriage of goods or two or more such vehicles successively.

(4) (a) The Minister for Industry and Commerce may make regulations for enabling this section to have effect.

(b) Regulations under this subsection may, in particular and without prejudice to the generality of the foregoing paragraph, make provision in relation to all or any of the following matters:

(i) the keeping of records in respect of persons engaged in driving vehicles to which this section applies;

(ii) the form of the records;

(iii) the persons by whom the records are to be kept;

(iv) the production of the records to members of the Garda Síochána and specified officers of the Minister for Industry and Commerce;

(v) the exhibition of specified notices in vehicles in relation to which this section applies.

(5) Where a person contravenes subsection (3) of this section or a regulation under subsection (4) of this section which is stated to be a penal regulation, he shall be guilty of an offence.

(6) Where a person is charged with an offence under this section consisting of driving, or causing or permitting driving, for an excessive period, it shall be a good defence to the charge for him to show that the act alleged to constitute the offence was due to delay in the completion of a journey and that the delay was unavoidable and was caused by circumstances which he could not reasonably have foreseen.

(7) (a) The Minister for Industry and Commerce may by regulations vary or suspend in any manner any excessive period.

(b) Regulations under this subsection shall not be made save—

(i) where the Minister for Industry and Commerce is satisfied that bodies representative of the employers and employees concerned are in favour of the change to be effected by the regulations, and

(ii) after consultation by that Minister with the Minister.

(c) Different regulations may be made under this subsection—

(i) in respect of different classes of vehicles,

(ii) for different circumstances.

(8) Notwithstanding anything to the contrary contained in any other section of this Act, this section shall not apply to or in respect of vehicles owned by the State and used for military or police purposes or to or in respect of persons in the public service of the State driving vehicles so owned and used.

Penalty for false declaration, etc.

115. —(1) Where a person is required by this Act or regulations thereunder to furnish particulars in connection with an application for the grant or issue of a licence or certificate or otherwise in connection with a licence, certificate or vehicle, he shall not furnish pursuant to the requirement any particulars which to his knowledge are false or in any material respect misleading.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) Where, in a prosecution for an offence under subsection (2) of this section with respect to particulars in connection with an application for the grant or issue of a licence or certificate, such grant or issue and an application therefor are proved, it shall be presumed, until the contrary is shown by the defendant, that the person to whom the licence or certificate was granted or issued made the application.

(4) A person shall not forge or fraudulently alter or use, or fraudulently lend to, or allow to be used by, any other person, any licence, plate, badge or certificate issued under this Act or under regulations thereunder.

(5) A person who contravenes subsection (4) of this section shall be guilty of an offence.

(6) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(7) Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under subsection (2) of this section may be instituted within twelve months from the date of the offence.

Liability of Minister for Finance for negligent use of mechanically propelled vehicle.

116. —(1) Where injury to person or property—

(a) is caused by the negligent use of a mechanically propelled vehicle belonging to the State, or

(b) is caused by the negligent use of a mechanically propelled vehicle not belonging to the State in a case in which—

(i) the vehicle is being used when under seizure by a person in the service of the State in the course of his duty, or

(ii) the vehicle is being used, by a member of the Garda Síochána or an officer of any Minister, for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder,

subsection (2) or subsection (3) (whichever is appropriate) of this section shall apply.

(2) Where the injury is an injury to person causing death, the Minister for Finance shall be liable to an action for damages under the Fatal Injuries Act, 1956 , for the benefit of the dependants, within the meaning of that Act, of the deceased.

(3) Where the injury is not an injury to person causing death, the Minister for Finance shall be civilly liable for damages in respect of the injury.

(4) Notwithstanding anything contained in any other enactment, proceedings may be brought against the Minister for Finance by virtue of this section without obtaining the fiat of the Attorney General.

(5) In proceedings brought against the Minister for Finance by virtue of this section, the defence of common employment shall not be open to that Minister, but, with that exception, every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if that Minister were in fact the master of the said person.

(6) Nothing in this section shall operate to relieve any person from liability in respect of injury to person or property caused by his own negligence.

Extension of personal liability for negligent use of mechanically propelled vehicle.

117. —(1) The liability of any person for injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not be limited to himself or be terminated by his death but shall continue after his death and be a liability of his real and personal estate in like manner and with the like priority as a debt or other liability under a simple contract and proceedings may be instituted against his personal representative in respect thereof.

(2) Proceedings instituted against any person for damages in respect of injury to person or property (other than injury to person causing death) caused by the negligent use of a mechanically propelled vehicle shall not abate on his death but may be continued against his personal representative.

Liability in respect of person using mechanically propelled vehicle with consent of owner.

118. —Where a person (in this section referred to as the user) uses a mechanically propelled vehicle with the consent of the owner of the vehicle, the user shall, for the purposes of determining the liability or non-liability of the owner for injury caused by the negligent use of the vehicle by the user, and for the purposes of determining the liability or non-liability of any other person for injury to the vehicle or persons or property therein caused by negligence occurring while the vehicle is being used by the user, be deemed to use the vehicle as the servant of the owner, but only in so far as the user acts in accordance with the terms of such consent.

Reimbursement of hospitals.

119. —(1) Where—

(a) injury to a person (in this section referred to as the injured person) has been caused by the negligent use in a public place of a mechanically propelled vehicle,

(b) the injury was sustained in such circumstances that the injured person is entitled, or (if he has died) was during his lifetime entitled, to recover damages in respect of the injury from some other person,

(c) the injured person received treatment in a hospital (other than a health institution within the meaning of the Health Act, 1947 ) in relation to the injury,

the governing body of the hospital shall be paid by such other person the amount (subject to the prescribed limits) of the cost of the treatment and of any detention in the hospital of the injured person, less any sums paid to them by or on behalf of the injured person in respect of such treatment or detention.

(2) Any sum falling to be paid pursuant to this section shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(3) Where a governing body receive or recover any sum falling to be paid under this section, they shall not be entitled to receive or recover from the injured person in relation to his injury any moneys other than any sums which may have been paid by or on behalf of the injured person and taken into account in determining the amount of such first-mentioned sum.

(4) The liability of a person to pay under this section shall, for the purposes of Part VI of this Act and of any approved policy of insurance or an approved guarantee, be deemed to be a liability to pay damages in respect of injury to a person caused by the negligent use of the mechanically propelled vehicle concerned.

(5) In this section “governing body” means, in relation to a hospital, the person or persons, whether incorporated or unincorporated, entitled to sue and liable to be sued in respect of the hospital as proprietor or manager thereof or otherwise.

Promotion of road safety.

120. —(1) The council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town may incur expenditure for the purpose of promoting safety on roads, and the expenditure may include payments for that purpose to any other authority or person.

(2) The Minister may, with the consent of the Minister for Finance, make grants from the Road Fund—

(a) towards the expenses of an association or body where the advancement of road safety is among the primary objects of the association or body, and

(b) towards the expenses under subsection (1) of this section of any council, corporation or commissioners.

Calculation of passenger accommodation of mechanically propelled vehicles.

121. —The Minister may by regulations prescribe the method of calculating for the purposes of this Act the passenger accommodation of mechanically propelled vehicles or of any class of such vehicles, and may in such regulations distinguish between seating passenger accommodation and standing passenger accommodation.

Keeping and use of petroleum.

122. —(1) The keeping and using of petroleum or of any other inflammable liquid or fuel for the purposes of mechanically propelled vehicles owned by the person keeping the liquid or fuel shall be subject to regulations made by the Minister, and regulations so made shall have effect notwithstanding anything in the Petroleum Acts, 1871 to 1881.

(2) A person who contravenes a regulation under this section shall be guilty of an offence.

Extended power of making regulations in relation to application for licence under Finance (Excise Duties) (Vehicles) Act, 1952 .

123. —The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—

(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , in respect of a mechanically propelled vehicle—

(i) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which Part VI of this Act applies,

(ii) where it is such a vehicle, to produce evidence or specified evidence showing either that he is an exempted person or that, when the licence comes into operation, there will be in force an approved policy of insurance or an approved guarantee covering the use of the vehicle by him or by other persons with his consent,

(b) power to make regulations requiring a person applying for a licence under the said section 1 in respect of a mechanically propelled vehicle—

(i) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a mechanically propelled vehicle to which section 18 of this Act applies,

(ii) where it is such a vehicle, to produce a test certificate which will be in force in respect of the vehicle when the licence comes into operation.

Restriction on section 23 of Criminal Justice Act, 1951 .

124. —A disqualification under this Act for holding a driving licence shall not be capable of being remitted under section 23 of the Criminal Justice Act, 1951 .

Saving for indictment for nuisance.

125. —Nothing in this Act shall authorise any person to use in a public place a vehicle so constructed or used as to cause a public or private nuisance, and any person who so uses such vehicle shall, notwithstanding anything in this Act, be liable to an indictment or action, as the case may be, for such use when, but for the passing of the repealed Act and this Act, such indictment or action could be maintained.

Saving for general power of Commissioner.

126. —Nothing in this Act shall prejudice or derogate from the general power and duty of the Commissioner and other members of the Garda Síochána to preserve order in public places and to regulate and control traffic therein.

Modification of Motor Car (International Circulation) Act, 1909.

127. —So much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references therein to the Motor Car Act, 1903, there were substituted references to Part III of this Act.