Road Traffic Act 2006

Fixed charge and disqualification for certain drink driving offences.

5.— (1) Where a person is alleged to have committed an offence under section 49(2), (3) or (4) (inserted by section 10 of the Act of 1994) or section 50(2), (3) or (4) (inserted by section 11 of the Act of 1994) of the Principal Act and the concentration of alcohol purported to be present in his or her body as stated or certified in accordance with Part III of the Act of 1994 did not exceed—

(a) 100 milligrammes of alcohol per 100 millilitres of blood,

(b) 135 milligrammes of alcohol per 100 millilitres of urine, or

(c) 44 microgrammes of alcohol per 100 milligrammes of breath,

he or she shall, subject to subsections (2) and (3), be served with a notice (“fixed disqualification notice”) in accordance with subsection (7) stating that where the charge specified in subsection (4) (“fixed charge”) is paid in accordance with this section and the disqualification specified in subsection (5) for the person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her.

(2) A person is not eligible to be served with a fixed disqualification notice if he or she has been convicted of an offence under section 49 or 50 of the Principal Act or section 13, 14 or 15 of the Act of 1994 where he or she has been convicted of that offence, whether before or after the commencement of this section, within the period of 5 years prior to the date of the offence referred to in subsection (1) which he or she is alleged to have committed.

(3) A person who has been served a fixed disqualification notice and has paid the fixed charge is not eligible to be served with another such notice in respect of the alleged commission of any subsequent offence referred to in subsection (1) within the period of 5 years from the date of the service of the first-mentioned notice.

(4) The fixed charge is €300, or such other amount that, for the time being, stands prescribed in lieu of that amount.

(5) Where a person, who is eligible under this section to be served with a fixed disqualification notice, pays the fixed charge and payment is made in accordance with this section, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to in subsection (11).

(6) Where a member of the Garda Síochána alleges that a person has committed an offence referred to in subsection (1) and the person under this section is eligible to be served with a fixed disqualification notice, the member shall serve or cause to be served, personally or by post, on that person a fixed disqualification notice.

(7) A fixed disqualification notice shall be in a prescribed form and shall specify the offence referred to in subsection (1) which it is alleged the person has committed. The notice shall contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed the offence specified in the notice,

(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with Part III of the Act of 1994,

(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed disqualification notice,

(d) the person may, if he or she is eligible under this section to be served with a fixed disqualification notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda Síochána at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,

(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person shall be disqualified for holding a driving licence for the period referred to in subsection (5), and

(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all.

(8) A person who is ineligible under subsection (2) or (3) to pay the fixed charge and who knows or should in the circumstances have reasonably known that he or she is so ineligible, who pays or attempts to pay the charge is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or both.

(9) (a) Where the fixed charge is paid in accordance with this section, a receipt for it shall be issued by the Garda Síochána to the person who has paid the charge.

(b) Subject to paragraph (c), the payment of the fixed charge received by the Garda Síochána in accordance with this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and shall not be recoverable by the person who made it.

(c) Where a person who is ineligible under subsection (2) or (3) to pay the fixed charge pays the charge, the Garda Síochána may return the payment to the person.

(10) Where a payment is received under subsection (9), the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and thereupon the Minister shall cause the period of the fixed disqualification to be endorsed on the entry in the licence record relating to the person.

(11) Where an endorsement is made under subsection (10), the Minister shall cause a notice to be issued to the person concerned informing him or her that the date for the commencement of the period of the disqualification is 14 days after the date of that notice.

(12) A notice issued under subsection (11) shall direct the person concerned to submit the driving licence held by him or her to the licensing authority that granted the licence within 14 days of the date of the notice.

(13) A person who does not comply with a direction under subsection (12) is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000.

(14) In a prosecution of an offence referred to in subsection (1) it shall be presumed until the contrary is shown that—

(a) the relevant fixed disqualification notice has been served or caused to be served, and

(b) a payment pursuant to the relevant fixed disqualification notice, accompanied by the notice, duly completed, has not been made.

(15) (a) The Minister for Justice, Equality and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person, of any of the functions of a member of the Garda Síochána relating to the issuing of a fixed disqualification notice, the receipt of such notice, the acceptance of a payment or the issuing of a receipt of such payment, as are set out in this section or of the function of the Commissioner in respect of the issue of a notice under subsection (11).

(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies.

(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice, Equality and Law Reform under paragraph (a).

(16) In this section, reference to a fixed disqualification notice, duly completed, is reference to such a notice on which the number, the date of the grant, and the period of validity, of the driving licence of the person to whom the notice relates, as required in the notice, have been inserted by or on behalf of the person.

(17) In this section “ driving licence ” includes a learner permit.