The Government has moved to strengthen the power of the Garda when dealing with cyclists.
Following the introduction of on the spot fines for cyclists in the Republic at the end of last summer, the Garda has been given further powers to deal with those who breach the laws while cycling.
Cyclists can now be arrested on the spot, without a warrant, if the Garda member dealing with them suspects identification details being supplied by the cyclist have been deliberately misstated.
The name and address of a cyclist is needed for the fixed charge notice to be sent to them outlining the offence they have committed and the fine they must pay.
The power of arrest without a warrant is already in place for motorists. And the Government is now amending the laws to ensure this is extended to cyclists.
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The current powers used to arrest motorists supplying false or misleading identification details can lead to prosecution and a fine of up to €2,000 on conviction. The penalties will now be the same for cyclists.
At present, gardai have the power to seize a bike from a cyclist and to retain it until satisfied that the correct name and address has been supplied after an offence has been committed.
But under the new provisions about to be introduced, this measure will no longer be required; though it will remain on the statute books.
Some countries have introduced laws compelling cyclists to carry identification cards to reduce the scope of those stopped by police for breaking road traffic laws from supplying false or inaccurate name and contact details.
Many in Ireland will perhaps be surprised that gardai could arrest motorists suspected of supplying false information, but not cyclists.
The new measures are about to be introduced under an amendment to the Road Traffic Act.
And while the new power of arrest is linked to the introduction of on the spot fines, it will cover all infringements committed by a cyclist and when it is suspected false or misleading names and addresses have been supplied to the gardai.
Even a slightly misleading address would result in the fixed charge notice never reaching the cyclist and the gardai involved being unable to find the cyclist.
The new measures have been outlined in a memorandum on the plan legislative amendments.
Explanatory Memorandum of Road Traffic Bill 2016
Related News
Section 20 amends section 107 of the Principal Act so that it applies to pedal cyclists as well as motorists. Section 107 empowers Gardaí to require name, address and date of birth from motorists in specified circumstances and to arrest a person who refuses or who gives what the Garda believes to be false or misleading information. Section 108 provides Garda powers related to cyclists which are more limited and do not involve a power of arrest. As Gardaí may now issue fixed charge notices to cyclists, it is necessary to enhance Garda powers in dealing with cyclists. Section 107 is therefore being extended to cover cyclists as well as motorists, while section 108 remains in force.
Road Traffic Bill 2016
Amendment of section 7 of Principal Act – obligation on cyclists to give name and address etc. on demand to member of Garda Síochána 20. Section 107 (inserted by section 79 of the Act of 2010) of the Principal Act is amended— (a) in subsection (1) by inserting “or a pedal cycle” after “mechanically propelled vehicle”, and (b) in subsection (4) by inserting “or a pedal cycle” after “mechanically propelled vehicle”.
Road Traffic Act 2010
79.— The following section is substituted for section 107 of the Principal Act:
“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 or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth 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 , section 131 (5) of the Finance Act 1992 or any other enactment, the member may arrest without warrant the person whom he or she 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 or her name and address or date of birth is demanded of him or her under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, such person commits 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 or she was or was not actually using the vehicle at the material time and, if he or she fails to do so, commits an offence,
(b) if the owner of the vehicle states that he or she was not actually using it at the material time, he or she shall give such information as he or she 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 or she fails to do so, commits an offence unless he or she shows to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained who that person was, or
(c) any person other than the owner of the vehicle shall, if required by the member, give any information which it is in his or her 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 or she fails to do so, commits an offence.
(5) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding €2,000.”.
Road Traffic Act, 1961
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.
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