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Differences between Section 53 of the RTA 1961 and Section 69 of the RTA 2010?

  • 18-09-2015 5:19pm
    #1
    jonsnow
    Registered Users, Registered Users 2 Posts: 724 ✭✭✭


    As far as I am aware offenders are usually prosecuted under Section 53 so Im wondering what practical purpose does S69 serve?


Comments

  • #2
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    jonsnow wrote: »
    As far as I am aware offenders are usually prosecuted under Section 53 so Im wondering what practical purpose does S69 serve?

    It amends, not replaces, Section 53.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Little CuChulainn wrote: »
    It amends, not replaces, Section 53.

    S.69 of the 2010 act provides a complete replacement while keeping the offence of dangerous driving as (nominally) contrary to S.53 of the 61 act. The terminology used is that it 'substitutes' a new definition for the original S.53 so it's a direct replacement while keeping the offence as 'contrary to S.53 of the RTA 1961' but I guess the summons would need to go on to say 'as inserted by S.60 of the RTA 2010'


    69.— The following sections are substituted for sections 51A, 52 (inserted by sections 49 and 50, respectively, of the Act of 1968), 53 (as amended by section 51 of the Act of 1968, section 49(1)(b) of the Act of 1994 and section 13 of the Act of 2004), 54 (as amended by section 6 of the Act of 1968) and 55 (as amended by section 52 of the Act of 1968) of the Principal Act:

    http://www.irishstatutebook.ie/eli/2010/act/25/section/69/enacted/en/html#sec69

    Something similar was done in the Criminal Law Act 1976 which redefined the crime of robbery by substituting the relevant section of the Larceny Act 1916.

    http://www.irishstatutebook.ie/eli/1976/act/14/section/5/enacted/en/html#sec5


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