S.I. No. 326/1999 - Road Traffic Act, 1994 (Section 17) Regulations, 1999.

1. These Regulations may be cited as the Road Traffic Act, 1994, (Section 17) Regulations, 1999.

2. In these Regulations the “Act of 1994’ means the

Road Traffic Act, 1994

.

3. These Regulations shall come into operation on the 22nd day of October, 1999.

4. The Statements to be produced, pursuant to section 17 of the Act of 1994, shall be in the form set out in the Schedule to these Regulations.

5. For the purpose of completing the statements referred to in article 4, the member of the Garda Síochána who required the arrested person to provide two specimens of breath shall:—

(

a

) prior to the provision of the specimens, input the following information into the apparatus referred to in section 13(1) of the Act of 1994—

(i) the name and address of the person providing the specimens,

(ii) the section of the

Road Traffic Act, 1961

(No. 24 of 1961) which it is alleged that the person contravened,

(iii) his or her name and number, and

(

b

) following the automatic production of the statements by the apparatus, sign the said statements.

SCHEDULE

Road Traffic Act, 1994, section 17 — statement

APPARATUS

SERIAL NUMBER

GARDA SÍOCHÁNA STATION

TEST NUMBER

DATE OF START OF TEST

PERSON WHO PROVIDED SPECIMENS

NAME

ADDRESS

ANALYSIS

TEST

ug/100ml

TIME

BLANK

SIMULATOR CHECK 1

BLANK

BREATH SPECIMEN 1

BLANK

BREATH SPECIMEN 2

BLANK

SIMULATOR CHECK 2

The specimen to be taken into account for the purposes of section of the

Road Traffic Act, 1961

is specimen above. The concentration of alcohol in the breath for the purposes of that section is microgrammes of alcohol per 100 millilitres of breath.

Member of the Garda Síochána

NAME

NUMBER

SIGNATURE..........................

I, the undersigned, hereby acknowledge the receipt of this statement.

............................................................ .........

Signature of person who provided specimens of breath.

Dated this 20th day of October, 1999.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of the statements to be produced by an apparatus for determining the concentration of alcohol in the breath pursuant to

section 17

of the

Road Traffic Act, 1994

and prescribe the manner in which the statements are duly completed by a member of the Garda Síochána.

In exercise of the powers conferred on the Minister for the Environment and Local Government by

sections 3

and

17

of the

Road Traffic Act, 1994

(No. 7 of 1994), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 (

S.I. No. 427 of 1997

), I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations.