S.I. No. 188/1976 - Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1976.

S.I. No. 188 of 1976.

ROAD TRAFFIC ACT, 1961 (SECTION 103) (OFFENCES) REGULATIONS, 1976.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 and 103 of the Road Traffic Act, 1961 (No. 24 of 1961) as amended by sections 6 and 64 of the Road Traffic Act, 1968 (No. 25 of 1968) and section 74 of the Finance Act, 1976 (No. 16 of 1976) hereby makes the following Regulations:—

1. These Regulations may be cited as the Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1976.

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 bye-law or rule made under section 84 of the Act as amended by section 6 of the Road Traffic Act, 1968 which prohibits street service vehicles from standing for hire at a place in the area in respect of which the bye-law or rule is made, other than an appointed stand:

(2) the offence of contravening a bye-law made under section 86 of the Act (as amended by section 58 of the Road Traffic Act, 1968 ) 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 pehicle 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 bye-law or rule made under section 89 or section 90 of the Act (as amended by Section 6 of the Road Traffic Act, 1968 ) which—

( a ) prohibits the parking of a mechanically propelled vehicle or a mechanically propelled vehicle other than a mechanically propelled vehicle of a specified class, in a place, at or for a time or in a manner which is prohibited in such bye-law 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 or without paying the said fee in the manner and at the time specified, or

( c ) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the exhibition of a document without exhibiting the document in accordance with such bye-law or rule.

(4) an offence under section 73 of the Finance Act, 1976 .

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

5. The prescribed amounts for the purposes of paragraph (b) of subsection (2) and of paragraph (b) of subsection (3) of section 103 of the Act for offences declared by the Minister to be offences to which that section applies shall be—

( a ) three pounds in respect of the offence of stopping or parking during a clearway period on a part of a roadway which is a clearway in contravention of a bye-law or rule under section 89 of section 90 of the Act (as amended by section 6 of the Road Traffic Act, 1968 ), and

( b ) five pounds in respect of an offence under section 73 of the Finance Act, 1976 ,

and

( c ) two pounds in respect of all other offences.

6. The Regulations specified in the Second Schedule to these Regulations are hereby revoked.

FIRST 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 mechanically propelled vehicle with the above identification mark—
			or
			( b ) an offence particulars of which are given over leaf involving the use of 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 two pounds, three pounds or five pounds,ø accompanied by this Notice, to a member of the Garda Síochána

at ............................................................ Garda Station ...................................................

A prosecution in respect of the alleged offences will not be instituted during the said period and if the sum of two pounds, three pounds or five pounds,ø is paid during that period, no 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.

^øOmit whichever is inappropriate.

SECOND SCHEDULE

REVOCATIONS.

NUMBER	TITLE
S.I. No. 91 of 1962	The Road Traffic Act, 1961 (Section 103) (Offences) Regulations. 1962.
S.I. No. 191 of 1964	The Road Traffic Act, 1961 (Section 103) (Offences) (Amendment) Regulations, 1964.
S.I. No. 4 of 1970	The Road Traffic Act, 1961 (Section 103) (Offences) (Amendment) Regulations, 1970.
S.I. No. 12 of 1971	The Road Traffic Act, 1961 (Section 103) (Offences) (Amendment) Regulations, 1971.
S.I. No. 246 of 1974	The Road Traffic Act, 1961 (Section 103) (Offences) (Amendment) Regulations, 1974.
S.I. No. 158 of 1975	The Road Traffic Act, 1961 (Section 103) (Offences) (Amendment) Regulations, 1975.

GIVEN under the Official Seal of the Minister for Local Government

this 10th day of August, 1976.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations which replace previous Regulations made under the Road Traffic Act, 1961 , declare the offences under that Act and under the Finance Act, 1976 (No. 16 of 1976) to which section 103 of the Act applies.

The Regulations prescribe the form of notice which may be affixed to a vehicle or given to a person by a member of the Garda Síochána or Authorised Person who alleges that such an offence has been committed. The amount which a person who is liable to be prosecuted may pay within 21 days of the date of such notice as an alternative to the institution of a prosecution, is £5 for the offence of non-display of a tax disc, £3 for parking or stopping on a clearway, and £2 for other offences.