S.I. No. 91/1962 - Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1962

S.I. No. 91 of 1962.

ROAD TRAFFIC ACT, 1961 (SECTION 103) (OFFENCES) REGULATIONS, 1962

The Minister for Local Government in exercise of the powers conferred on him by section 5 and subsections (1), (2) and (3) of section 103 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

1. These Regulations may be cited as the Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1962.

2. In these Regulations—

"the Act" means the Road Traffic Act, 1961 .

3. The following offences are hereby declared to be offences to which section 103 of the Act applies:—

(1) the offence of contravening a byelaw or rule made under section 84 of the Act which prohibits street service vehicles from standing for hire at a place in a public road in the area in respect of which the byelaw or rule is made, other than an appointed stand;

(2) the offence of contravening a byelaw made under section 86 of the Act which—

(a) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings are provided without bringing the omnibus wholly within the area enclosed by such roadway markings, or

(b) prohibits the stopping or parking of a mechanically propelled vehicle other than an omnibus either wholly or partly within the area enclosed by roadway markings provided at a stopping place or stand;

(3) the offence of contravening a byelaw or rule made under section 90 of the Act which—

(a) prohibits the parking of a mechanically propelled vehicle in a place, at or for a time or in a manner which is prohibited in such byelaw or rule, or

(b) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the payment of fees without paying the specified fee.

4. The form set forth in the Schedule to this Order or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (2) and of subsection (3) of section 103 of the Act.

5. Ten shillings shall be the prescribed amount for the purposes of paragraph (b) of subsection (2) and of paragraph (b) of subsection (3) of section 103 of the Act.

SCHEDULE

PRESCRIBED FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 103 OF THE ACT.

Serial Number..............

GARDA SÍOCHÁNA

Notice under subsection *(2)/(3) of section 103 of the Road Traffic Act, 1961 .

Identification Mark...............

To: (a) Name..............................

Address............................................

...................................................

or

(b) A person liable to be prosecuted.

It is alleged that †(a) you have committed an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark—

or

(b) an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark has been committed.

at.................... on.................... During the period of 21 days beginning on the date of this notice you may pay the sum of ten shillings accompanied by this Notice, to a member of the Garda Síochána at....................Garda Station, .................... A prosecution in respect of the alleged offence will not be instituted during the said period and if the sum of ten shillings is paid during the said period no such prosecution will be instituted at all.

Signed..................... Rank.............Date..........

Important: Payment will be accepted only at the Station specified and must be accompanied by this Notice. Payment may be made by post. Make cheques etc. payable to the "Member-in-charge....................Garda Station". A receipt for payment will be given.

Warning: It is an OFFENCE for any person, except a person to whom it applies, to remove or interfere with this Notice.

Directions for completing this form

*Strike out whichever subsection is inappropriate, viz., where the notice is being given to a person strike out (3) and where it is being affixed to a vehicle strike out (2).

†Where the notice is under subsection (2) the matter at (b) should be deleted and where the notice is under subsection (3) the matter at (a) should be deleted.

GIVEN under the Official Seal of the Minister for Local Government this Thirtieth day of May One Thousand Nine Hundred and Sixty-two.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

These Regulations declare the offences under the Road Traffic Act, 1961 to which section 103 of the Act applies. The regulations also prescribe the form of notice which may be affixed to a vehicle or given to a person by a member of the Garda Síochána who alleges that such an offence has been committed. The regulations also prescribe the sum of 10/- as the amount which a person liable to be prosecuted for such offence may pay within 21 days of the date of such a notice as an alternative to the institution of a prosecution.