Road Traffic and Roads Act 2023
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Insertion of new sections 3A to 3H in Act of 1975 | ||
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8. The Act of 1975 is amended by the insertion of the following sections after section 3: | ||
“Fixed charge notice - service | ||
3A. (1) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person, the warden shall, in accordance with this section— | ||
(a) if the warden identifies the person, serve, or cause to be served, personally or by post, on the person a fixed charge notice, or | ||
(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle— | ||
(i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice, or | ||
(ii) affix such notice to the vehicle. | ||
(2) A prosecution in respect of a fixed charge offence shall not be instituted by a local authority unless a fixed charge notice in respect of the alleged offence has been served on the person concerned or affixed to his or her vehicle under this section and the person fails to pay the fixed charge in accordance with the notice. | ||
(3) Where a fixed charge notice is being served on a person identified under subsection (1)(a) or on a registered owner where subsection (1)(b)(i) applies, it may be served— | ||
(a) in the case of personal service— | ||
(i) where the person is identified, by— | ||
(I) delivering it to the person, or | ||
(II) leaving it at the address— | ||
(A) at which the person ordinarily resides, | ||
(B) which, at the time of the alleged offence, the person gave to the warden referred to in subsection (1), or | ||
(C) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence, | ||
or | ||
(ii) where the person is not identified, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence, | ||
or | ||
(b) in the case of postal service— | ||
(i) where the person is identified, by posting it to the address (inside or outside the State)— | ||
(I) at which the person ordinarily resides, | ||
(II) which, at the time of the alleged offence, the person gave to the warden referred to in subsection (1), or | ||
(III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence, | ||
or | ||
(ii) where the person is not identified, by posting it to the address at which the vehicle is registered at the time of the alleged offence. | ||
(4) Where— | ||
(a) a fixed charge notice is served on the registered owner of a mechanically propelled vehicle under paragraph (a) or (b)(i) of subsection (1) or affixed to such a vehicle under subsection (1)(b)(ii), and | ||
(b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates, | ||
the registered owner shall— | ||
(i) not later than 28 days after the date of the notice, give or send to a traffic warden at the place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and | ||
(ii) give or send to a traffic warden, within such period as may be specified by the warden, at the place specified in the notice such other information within his or her knowledge or procurement as the warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in paragraph (i). | ||
(5) Where a registered owner is giving or sending in accordance with subsection (4)(i) the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. | ||
(6) In a prosecution for an offence under section 3E(2), it shall be presumed, unless the contrary is shown, that no name or address was given or sent in accordance with subsection (4)(i) or information given or sent in accordance with subsection (4)(ii). | ||
(7) For the purposes of paragraph (i) and (ii) of subsection (4), where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the registered owner. | ||
(8) A local authority in whose functional area a fixed charge offence was committed shall, not later than 28 days after a document referred to in subsection (4)(i) containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a traffic warden, cause a notice under this section to be served, personally or by post, on the person. | ||
Fixed charge notice - form | ||
3B. (1) A fixed charge notice— | ||
(a) shall be in the prescribed form, | ||
(b) shall contain details of the manner of payment of a fixed charge, and | ||
(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed. | ||
(2) If a notice is served under subsection (1)(a) or (8) of section 3A, it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— | ||
(a) the person on whom it is served is alleged to have committed an offence specified in the notice, | ||
(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount as specified in the notice, | ||
(c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), | ||
(d) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and | ||
(e) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) and, if the person pays such amount, proceedings in respect of the alleged offence will be discontinued. | ||
(3) If a notice is served under section 3A(1)(b)(i), or affixed to a mechanically propelled vehicle under section 3A(1)(b)(ii), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— | ||
(a) an offence specified in the notice is alleged to have been committed, | ||
(b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount, | ||
(c) if the person does not make the payment specified in paragraph (b) during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), | ||
(d) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b), | ||
(e) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by section 3A(4)— | ||
(i) not later than 28 days after the date of the notice, to give or send to a traffic warden at a specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and | ||
(ii) to give or send to a traffic warden within such period as may be specified by him or her at a specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i), | ||
(f) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice under paragraphs (b) and (c) or, if a payment specified in the notice is made in accordance with the notice, during the appropriate period so specified in relation to the payment, at all, | ||
(g) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with section 3A(4), | ||
(h) if the registered owner complies with section 3A(4), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated, | ||
(i) if a summons has been served in respect of the alleged offence and, not later than 7 days before the day specified in the summons on which the person is required to appear in court, the person on whom the summons was served makes a payment specified in the notice served with the summons, in accordance with that notice, the prosecution in respect of the alleged offence shall be discontinued, and | ||
(j) subject to paragraph (g), failure to comply with section 3A(4) is an offence upon summary conviction of which the registered owner is liable to a class D fine. | ||
Payment of fixed charge | ||
3C. (1) Where a notice is served under subsection (1)(a), (1)(b)(i) or (8) of section 3A or affixed under section 3A(1)(b)(ii)— | ||
(a) a person or the person to whom the notice applies may, during either 28 day period specified in the notice and in accordance with the notice, make a payment specified in the notice, | ||
(b) the payment may be received in accordance with the notice and the person receiving the payment may issue a receipt for it and the payment shall not be recoverable by the person who made it, | ||
(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during either 28 day period specified in the notice or, if a payment so specified is made during either such period in accordance with the notice, at all, | ||
(d) in case the notice is served under section 3A(1)(b)(i) or affixed under section 3A(1)(b)(ii) and a payment aforesaid in accordance with the notice is so made, the registered owner need not comply with section 3A(4), and | ||
(e) if the registered owner complies with section 3A(4) the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of that alleged offence shall not be initiated. | ||
(2) Subject to section 3G, the payment of a fixed charge shall not be accepted after the expiration of the second 28 day period specified in the fixed charge notice. | ||
Presumptions | ||
3D. In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that— | ||
(a) the relevant fixed charge notice— | ||
(i) if being served personally or affixed to a vehicle, has been so served or affixed, or | ||
(ii) if being served by post, has been so served where there is proof of posting or delivery of the notice, | ||
and | ||
(b) a payment under the relevant fixed charge notice, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made. | ||
Offences in relation to fixed charge notices | ||
3E. (1) A notice which is affixed to a mechanically propelled vehicle under section 3A(1)(b)(ii) shall not be removed or interfered with except by a person to whom the notice applies. | ||
(2) A person who contravenes section 3A(4) (subject to section 3C(1)(e)) or subsection (1) commits an offence and is liable on summary conviction to a class D fine. | ||
(3) It shall be a defence for a person charged with an offence under subsection (2) consisting of a contravention of section 3A(4) for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information. | ||
(4) In a prosecution for an offence under subsection (2) consisting of a contravention of section 3A(4), it shall be presumed, until the contrary is shown, that the accused person was served with the fixed charge notice in accordance with section 3A(1) to which the offence relates. | ||
(5) In a prosecution of a person for— | ||
(a) the alleged offence to which a fixed charge notice, served on the registered owner of a mechanically propelled vehicle, relates, or | ||
(b) an offence under subsection (6), | ||
a document, purporting to be a document under section 3A(4) stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence referred to in paragraph (a) and to be signed by that registered owner, given or sent under paragraph (b) of that subsection by that owner to a member of the Garda Síochána or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a), shall be admissible as evidence, until the contrary is shown, of the facts stated in it. | ||
(6) A person who, under section 3A(4), gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction to a class C fine. | ||
(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under subsection (2) consisting of a contravention of section 3A(4) may be brought at any time within 2 years from the date on which the offence was committed. | ||
Regulations - fixed charge amount | ||
3F. Regulations may be made by the Minister prescribing the amount of a fixed charge and may prescribe different amounts in relation to— | ||
(a) different fixed charge offences, | ||
(b) fixed charge offences involving different classes of vehicles, or | ||
(c) fixed charge offences committed in different areas. | ||
Payment of fixed charge on service of summons | ||
3G. (1) Where a local authority serves a person with a summons in respect of a fixed charge offence the traffic warden shall serve, or cause to be served, on the person, a notice under this section (‘section 3G notice’). | ||
(2) A section 3G notice shall be served with, and in the same manner as, the summons in respect of the fixed charge offence to which the section 3G notice relates. | ||
(3) A section 3G notice— | ||
(a) shall be in the prescribed form, | ||
(b) shall contain details of the manner of payment of a fixed charge, | ||
(c) may specify the person to whom, and the place where, the payment is to be made and whether the payment is to be accompanied by the notice, duly completed. | ||
(4) A section 3G notice shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— | ||
(a) the person on whom it is served is alleged to have committed an offence specified in the summons with which it is served, | ||
(b) the person may, not later than 7 days before the date specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount stated in the notice in the manner specified in the notice, and | ||
(c) if the person pays the fixed charge no proceedings in respect of the alleged offence will be continued and the person need not attend the court on the day specified in the summons. | ||
(5) The fixed charge amount stated in a section 3G notice shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 3A, in respect of the fixed charge offence to which it relates. | ||
(6) Where a section 3G notice is served, the person to whom it applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice. | ||
(7) A payment under this section— | ||
(a) may be received only within the period referred to in subsection (4)(b) and in accordance with the section 3G notice, and | ||
(b) is not recoverable by the person paying it. | ||
(8) The person receiving a payment under this section may issue a receipt for it. | ||
(9) Where a person who has been served with a summons accompanied by a section 3G notice makes a payment of a fixed charge in accordance with the notice, proceedings in respect of the alleged offence to which the notice relates shall be discontinued. | ||
(10) In this section ‘summons’ means a summons issued under— | ||
(a) section 10 of the Petty Sessions (Ireland) Act 1851 , or | ||
(b) the Courts (No. 3) Act 1986 . | ||
Interpretation | ||
3H. In this Act— | ||
‘fixed charge’ means the amount of a fixed charge prescribed under section 3F; | ||
‘fixed charge notice’ means a notice served under section 3A.”. |