PART V.

Driving Offences.

48. —(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of the vehicle by him in a public place to be a source of danger to the public.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, 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.

49. —(1) A person shall not drive or attempt to drive a mechanically propelled vehicle in a public place while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

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

(3) Subsection (1) of section 1 of the Probation of Offenders Act, 1907, shall not apply in relation to an offence under this section.

(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant.

50. —(1) In this section “unfit to drive” means under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of a mechanically propelled vehicle.

(2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, 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 a prosecution for an offence under this section, it shall be presumed, until the defendant shows—

(a) that at the material time the circumstances were such that there was no likelihood of his driving the mechanically propelled vehicle so long as he remained unfit to drive, and

(b) that between his becoming unfit to drive and the material time he had not driven the mechanically propelled vehicle in a public place,

that he intended to drive or attempt to drive the mechanically propelled vehicle.

(5) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872, with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(6) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant.

(7) Where a person convicted of an offence under this section has been previously convicted of an offence under section 49 of this Act or under section 30 of the repealed Act, he shall be treated for the purposes of this section as having been previously convicted of an offence under this section.

51. —(1) A person shall not, in a public place—

(a) drive or attempt to drive, or be in charge of, an animal drawn vehicle, or

(b) drive or attempt to drive a pedal cycle,

while he is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle or cycle.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, 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.

(3) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872, with the offence of being drunk while in charge, on a highway or other public place, of a carriage.

(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant.

52. —(1) A person shall not drive a vehicle in a public place without due care and attention, or without reasonable consideration for other persons using the place.

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

53. —(1) A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public.

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

(a) in case the contravention causes death or serious bodily harm to another person, he shall be liable on conviction on indictment to penal servitude for any term not exceeding five years or, at the discretion of the court, to a fine not exceeding five hundred pounds or to both such penal servitude and such fine, and

(b) in any other case, he shall be liable on summary conviction 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.

(3) In a prosecution for an offence under this section, it shall not be a defence to prove that the speed at which the accused person was driving was not in excess of an ordinary, built-up area or special speed limit applying in relation to the vehicle.

(4) Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of an offence under this section but was guilty of an offence under section 52 of this Act, the jury or court may find him guilty of an offence under section 52 of this Act and he may be sentenced accordingly.

(5) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged with an offence under section 35 of the Offences against the Person Act, 1861.

(6) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section and that the contravention has caused death or serious bodily harm to another person, he may arrest the first-mentioned person without warrant.

54. —(1) A person who drives a mechanically propelled vehicle in a public place while there is a defect affecting the vehicle which he knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public shall be guilty of an offence.

(2) Where a mechanically propelled vehicle is driven in a public place while there is a defect affecting the vehicle which the owner thereof knows of or could have discovered by the exercise of ordinary care and which is such that the vehicle is, when in motion, a danger to the public, such owner shall be guilty of an offence.

(3) Where a person is charged with an offence under subsection (2) of this section, it shall be a, good defence to the charge for him to show that the vehicle was being driven on the occasion in question by another person and that such driving was unauthorised.

(4) A person who is guilty of an offence under subsection (1) or subsection (2) of 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.

55. —(1) A person shall not park in a public place a vehicle in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the place.

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

(a) in the case of—

(i) a first offence where any part of the period of the contravention was a period within lighting-up hours (as declared by regulations under section 11 of this Act) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, or

(ii) a second or any subsequent offence,

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, and

(b) in any other case—to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment.

(3) If and so long as, this section having come into operation, the repeal by this Act of Part X of the repealed Act has not come into operation, “(within the meaning of the repealed Act)” shall be substituted in subparagraph (i) of paragraph (a) of subsection (2) of this section for “(as declared by regulations under section 11 of this Act)”.