Road Traffic Act, 1961
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Liability of Minister for Finance for negligent use of mechanically propelled vehicle. |
116.—(1) Where injury to person or property— | |
(a) is caused by the negligent use of a mechanically propelled vehicle belonging to the State, or | ||
(b) is caused by the negligent use of a mechanically propelled vehicle not belonging to the State in a case in which— | ||
(i) the vehicle is being used when under seizure by a person in the service of the State in the course of his duty, or | ||
(ii) the vehicle is being used, by a member of the Garda Síochána or an officer of any Minister, for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder, | ||
subsection (2) or subsection (3) (whichever is appropriate) of this section shall apply. | ||
(2) Where the injury is an injury to person causing death, the Minister for Finance shall be liable to an action for damages under the Fatal Injuries Act, 1956 , for the benefit of the dependants, within the meaning of that Act, of the deceased. | ||
(3) Where the injury is not an injury to person causing death, the Minister for Finance shall be civilly liable for damages in respect of the injury. | ||
(4) Notwithstanding anything contained in any other enactment, proceedings may be brought against the Minister for Finance by virtue of this section without obtaining the fiat of the Attorney General. | ||
(5) In proceedings brought against the Minister for Finance by virtue of this section, the defence of common employment shall not be open to that Minister, but, with that exception, every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if that Minister were in fact the master of the said person. | ||
(6) Nothing in this section shall operate to relieve any person from liability in respect of injury to person or property caused by his own negligence. |