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SOLR_PROP

Road Traffic (Amendment) Act, 1984

Increase of certain other penalties under Principal Act, etc.

3.(1) A person convicted of an offence for which a penalty is provided in a section of the Principal Act specified in column (2) of the Table to this section at a particular reference number shall, in lieu of the monetary penalty so provided, be liable to the penalty specified in column (3) of that Table at that reference number, and the sections specified in column (2) of that Table shall be construed and have effect accordingly.

(2) The following subsection is hereby substituted for subsection (4) of section 12 of the Principal Act:

“(4) (a) Where a person contravenes subsection (3) of this section he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.

(b) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.

(3) The following subsection is hereby substituted for subsection (5) of section 16 of the Principal Act:

“(5) A person who contravenes a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.

(4) Section 26 of the Principal Act is hereby amended—

(a) by the insertion of the following subsection after subsection (3):

“(3A) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 56 of this Act, be not less than one year.”,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (3) or (3A) of this section, be not less than six months.”.

(5) The following subsection is hereby substituted for subsection (2) of section 48 of the Principal Act:

“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.

(6) The following subsection is hereby substituted for subsection (2) of section 51 (inserted by section 48 of the Act of 1968) of the Principal Act:

“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—

(a) if the offence relates to an animal-drawn vehicle, he shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding £150 or, at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and

(b) if the offence relates to a pedal cycle, he shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.

(7) The following subsection is hereby substituted for subsection (2) of section 112 of the Principal Act:

“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both such fine and such imprisonment;

(b) on conviction on indictment, to a fine not exceeding £2,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years or to both such fine and such imprisonment.”.

(8) Section 113 of the Principal Act is hereby amended—

(a) by the deletion in subsection (1) of “in a public place”, and

(b) by the substitution of the following subsection for subsection (2):

“(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.”.

TABLE

Ref. No.

Section

Penalty

(1)

(2)

(3)

1.

53 (2) (a)

A fine not exceeding £3,000

2.

38 (5)

A fine not exceeding £1,000

3.

39 (2)

A fine not exceeding £1,000

4.

53 (2) (b)

A fine not exceeding £1,000

5.

56 (3)

A fine not exceeding £1,000

6.

64 (2)

A fine not exceeding £1,000

7.

106 (3) (a)

A fine not exceeding £1,000

8.

49 (4) (a) (inserted by section 10 of the Act of 1978)

A fine not exceeding £1,000

9.

50 (4) (a) (ii) (inserted by section 11 of the Act of 1978)

A fine not exceeding £1,000

10.

18 (2)

A fine not exceeding £350

11.

20 (10) (a)

A fine not exceeding £350

12.

52 (2) (inserted by section 50 of the Act of 1968)

A fine not exceeding £350

13.

54 (4)

A fine not exceeding £350

14.

55 (2) (a)

A fine not exceeding £350

15.

69 A (5) (inserted by Regulation 6 of the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 (S.I. No. 178 of 1975))

A fine not exceeding £350

16.

106 (3) (b)

A fine not exceeding £350

17.

107 (5)

A fine not exceeding £350

18.

115 (6)

A fine not exceeding £350

19.

50 (4) (a) (i) (inserted by section 11 of the Act of 1978)

A fine not exceeding £350

20.

55 (2) (b)

A fine not exceeding £150