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25 1968

ROAD TRAFFIC ACT, 1968

PART VII

Public Service Vehicles

Penalty for damaging public service vehicle.

56. —(1) A person who wilfully or maliciously commits any damage or injury to a public service vehicle shall be guilty of an offence and on summary conviction thereof may, in addition to any penalty which may be imposed under section 102 of the Principal Act, be ordered by the court by which he is so convicted to pay to the owner of the vehicle such sum as the court shall fix as compensation for the damage or injury and for the loss of the time of the owner and of the driver and conductor of the vehicle or of any of them (as the case may require) in attending the court.

(2) Whenever a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under this section 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.

Amendment of section 82 of Principal Act.

57. —Section 82 of the Principal Act is hereby amended—

(a) by the insertion after “granted” in subsection (2) (c) of “or applied for”, and

(b) by the insertion after subsection (8) of the following subsection:

“(9) Whenever a member of the Garda Síochána has reasonable grounds for believing that a person pointed out to him by the owner, driver or conductor of a public service vehicle has refused or omitted to pay to the owner, driver or conductor any sum payable by that person to that owner, driver or conductor for the hire of the vehicle or the fare for that person's carriage in that vehicle, the member may, if that 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 that person without warrant.”

Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.

58. —Section 86 of the Principal Act is hereby amended—

(a) by the substitution for “The Commissioner may, with the consent of the Minister, make bye-laws” in subsection (2) of “The Minister may make regulations”,

(b) by the substitution of “regulations” for “bye-laws” in subsection (3),

(c) by the substitution of “regulation” for “bye-law” in subsections (4) and (6), and

(d) by the substitution of the following subsection for subsection (5):

“(5) Where a person uses a mechanically propelled vehicle other than an omnibus in contravention of a regulation under this section, each of the following persons shall be guilty of an offence:

(a) the registered owner of the vehicle,

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the hirer under the agreement, and

(c) if the person using the vehicle on the occasion in question is not the registered owner or the hirer under a hire-drive agreement, the person so using the vehicle.”