S.I. No. 559/2014 - Road Traffic (Fixed Charge Offences) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th December, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 103 (as amended by section 14 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 ) and the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )) and after consultation with the Minister for Justice and Equality in relation to declaring offences (other than the offence mentioned in Regulation 4(b)(v) of the following regulations) to be fixed charge offences, hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Fixed Charge Offences) Regulations 2014.

(2) These Regulations come into operation on 8 December 2014.

2. In these Regulations—

“Act of 2006” means Road Traffic Act 2006 (No. 23 of 2006);

“Principal Act” means Road Traffic Act 1961 (No. 24 of 1961);

“Regulations of 2006” means Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ).

3. The offences mentioned in Regulation 4 are declared to be fixed charge offences.

4. The amount of a fixed charge is—

(a) €80, in respect of an offence under—

(i) section 42 (inserted by section 10 of the Act of 2006) of the Principal Act, for a contravention of Regulation 17(6)(b)(iv) of the Regulations of 2006, and

(ii) section 55 (inserted by section 4 of the Road Traffic (No. 2) Act 2011 (No. 28 of 2011) of the Principal Act,

and

(b) €60, in respect of an offence under—

(i) section 11(5) of the Principle Act, for a contravention of sub-article (2) or (3) of Article 3 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 ( S.I. No. 224 of 2000 ),

(ii) section 18(2) of the Principal Act,

(iii) section 42(6) (inserted by section 10 of the Act of 2006) of the Principal Act, for a contravention of Regulation 17(6)(b)(iii) (inserted by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 ( S.I. No. 719 of 2007 )) of the Regulations of 2006,

(iv) section 35 (5) of the Road Traffic Act 1994 (No. 7 of 1994), for a contravention of Regulation 5, 6, 7, 8, 9, 10 or 15 of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 332 of 2012 ),

(v) Regulation 4(6) of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ), and

(vi) section 4 (2) of the Road Traffic Act 2014 (No. 3 of 2014).

/images/ls

GIVEN under my Official Seal,

8 December 2014.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This not is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations, operative from 8 December 2014, declare offences involving the driving or use of mechanically propelled vehicles to be fixed charge offences for the purposes of section 103 of the Road Traffic Act 1961 , as amended, and prescribe the amount of the fixed charge for each offence.

Description of Offence

Fixed Charge

Learner permit holder driving unaccompanied by qualified person

€80

Parking a vehicle in a dangerous position

€80

Using a vehicle in a public place without an authorisation plate

€60

Using a vehicle in a public place that has been modified or altered such that the authorisation plate is inaccurate.

€60

Using a vehicle without a test certificate

€60

Failure to display an L-plate or tabard

€60

Contravention of the rules for use of mini-roundabouts

€60

Proceeding beyond no entry to vehicle sign

€60

Proceeding beyond maximum vehicle length sign where vehicle length exceeds the maximum displayed

€60

Proceeding beyond maximum width sign where vehicle width exceeds the maximum displayed

€60

Proceeding beyond maximum design gross vehicle weight sign where vehicle design gross vehicle weight exceeds the maximum displayed

€60

Proceeding beyond maximum vehicle axle loading weight sign where vehicle axle loading weight exceeds the maximum displayed

€60

Proceeding beyond a traffic lane control sign other than in accordance with such sign or without yielding

€60

Using vehicle not equipped with a speed limitation device or using a vehicle equipped with a speed limitation device not complying with requirements specified in Regulation 4.

€60

Failure to display an N-plate or tabard

€60