Dublin Transport Authority Act, 1986

Penalties, etc.

53.—(1) A person guilty of an offence under section 18 , 19 or 40 shall be liable—

(i) 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 the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) A person guilty of an offence under section 31 , 34 , 36 or 41 shall be liable on summary conviction—

(i) in the case of a first offence under that section, to a fine not exceeding £150,

(ii) in the case of a second offence under that section, or of a third or subsequent such offence other than an offence referred to in paragraph (iii), to a fine not exceeding £350,

(iii) in the case of a third or subsequent offence under that section, being a third or subsequent such offence in any period of twelve consecutive months, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which section 36 or 40 relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

(5) A prosecution for a summary offence under—

(a) this Act,

(b) section 82, 84, 89, 90, 97 or 101 of the Act of 1961 to which section 31 (12), 32 (1) and (2), 33 (1) and (2), 34 (10), 36 (12) and 38 (1) and (2), as the case may be, applies

may be taken by the Authority:

Provided that the Authority shall not take a prosecution for a summary offence alleged to have been committed before the commencement of section 31 , 32 , 33 , 34 , 36 or 38 , as the case may be.

(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which this section relates may be instituted within 12 months from the date of the offence.