Roads Act, 1993
|
Prosecution and penalties. |
81.—(1) (a) A person guilty of an offence under section 37 , 38 , 39 , 40 or 46 (6) 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 six months or to both such fine and imprisonment, or | ||
(ii) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and imprisonment. | ||
(b) A person guilty of an offence under any other provision of this Act shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment. | ||
(2) Where an offence under this Act which is committed by a body corporate 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. | ||
(3) (a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by a road authority. | ||
(b) An offence under section 64 may be prosecuted by a road authority as defined for the purposes of Part V . | ||
(c) An offence under section 73 may be prosecuted by a local authority as defined for the purposes of that section. | ||
(d) An offence under section 80 may be prosecuted by the Minister, the Authority or a road authority. | ||
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence to which any provision of this Act relates may be instituted within twelve months from the date of the offence. |