Road Traffic Laws Ireland
If a person has been served with a Summons via registered post or by hand, and the alleged offence states the person must answer a charge pursuant to S.52 of the Road Traffic Act 1961(as amended) this is the statue rule for carless driving.
The law states a person must not drive in a public place without due care and attention.
If, for example, a driver was in a car park and while reversing struck a passing motorbike driver, a charge for carless driving may be put to the vehicle driver.
If a driver is found liable for this offence, 5 penalty points may be endorsed on the driver’s licence record.
If death or serious bodily harm is caused to an injured party due to the carless driving, a person can be liable to imprisonment for up to two years and/or a fine of up to €10,000.
If another person is not injured, for example, a person found liable for this offence can be up to €1,000, for example.
Disqualification from Driving
A consequential disqualification order banning the person from driving can be made for this offence if a number of conditions are met.
In road traffic offences convictions, a court also has discretion to make whats termed an ancillary disqualification order ie when a first offence arises, for example.
A consequential disqualification order from driving may arise if the person has committed two or more previous offense under S.52.
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Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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