S.I. No. 319/1996 - Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1996.

S.I. No. 319 of 1996.

ROAD TRAFFIC ACT, 1961 (SECTION 103) (OFFENCES) REGULATIONS, 1996.

The Minister for the Environment 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), section 74 of the Finance Act, 1976 , (No. 16 of 1976), section 10 of the Dublin Transport Authority (Dissolution) Act, 1987 (No. 34 of 1987) and sections 43 and 49 of the Road Traffic Act, 1994 (No. 7 of 1994)) hereby makes the following Regulations:

1. These Regulations may be cited as the Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1996.

2. These Regulations shall come into operation on the 1st day of December, 1996.

3. In these Regulations:

"the Principal Act" means the Road Traffic Act, 1961 ;

"the Act of 1968" means the Road Traffic Act, 1968 ;

"the Act of 1976" means the Finance Act, 1976 ;

"the Act of 1994" means the Road Traffic Act, 1994 ;

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

(1) an offence of contravening a regulation under section 11 of the Principal Act requiring the carrying on a vehicle of an insurance disc in the prescribed form and manner;

(2) an offence under section 12 of the Principal Act;

(3) an offence of contravening a bye-law or rule made under section 84 of the Principal Act (as amended by section 6 of the Act of 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;

(4) an offence of contravening a bye-law made under section 86 of the Principal Act (as amended by section 58 of the Act of 1968) which—–

(a) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings of the type authorised by and described in article 16 of the Road Traffic (Signs) Regulations, 1962 ( S.I. No. 171 of 1962 ) 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 the roadway markings (referred to in sub-paragraph (a) provided at a stopping place or stand;

(5) an offence of contravening a bye-law or rule made under section 89 or section 90 of the Principal Act (as amended by section 6 of the Act of 1968) which—–

(a) prohibits the parking of a mechanically propelled vehicle or 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;

(6) an offence of contravening a bye-law made under section 101 of the Principal Act;

(7) an offence under section 73 of the Act of 1976;

(8) an offence under section 47 of the Principal Act, as amended by section 26 of the Act of 1968 and by section 34 of the Act of 1994.

5. The forms in the First Schedule to these Regulations or forms substantially to the like effect shall be the prescribed forms for the purpose of section 103(2) and of section 103(3) of the Principal Act.

6. The prescribed amounts for the purposes of section 103(2)(b) and of section 103(3)(b) of the Principal Act for offences declared by the Minister to be offences to which section 103 of the Principal Act applies shall be—–

(a) fifty pounds in respect of an offence of contravening a regulation under section 11 of the Principal Act requiring the carrying on a vehicle of an insurance disc in the prescribed form and manner;

(b) fifty pounds in respect of an offence under section 12 of the Principal Act;

(c) fifty pounds in respect of an offence under section 73 of the Act of 1976;

(d) fifty pounds in respect of an offence under section 47 of the Principal Act, as amended by section 26 of the Act of 1968 and by section 34 of the Act of 1994;

(e) twenty 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 or section 90 of the Principal Act as amended by section 6 of the Act of 1968;

(f) twenty pounds in respect of an offence of parking on a part of a roadway which is a bus lane in contravention of a bye-law or rule under section 90 of the Principal Act as amended by section 6 of the Act of 1968; and

(g) fifteen pounds in respect of all other offences.

7. The Road Traffic Act 1961 (Section 103) (Offences) Regulations, 1995 ( S.I. No. 87 of 1995 ) are hereby revoked.

FIRST SCHEDULE

FORM 1

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 103 OF THE PRINCIPAL ACT IN RELATION TO OFFENCES OTHER THAN SPEEDING OFFENCES.

SERIAL NUMBER...................................

GARDA SÍOCHÁNA

Notice UNDER SUBSECTION *(2)/(3) OF SECTION 103 of THE ROAD TRAFFIC ACT, 1961 .

IDENTIFICATION MARK..................................

* 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.

at..........................................................on.....................................................

During the period of 21 days beginning on the date of this Notice you may pay the sum of fifteen pounds, twenty pounds or fifty pounds, # accompanied by this Notice, to a member of the Garda Síochána or an authorised person

# Omit whichever is inappropriate.

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

or

......................................................(insert details of other place) # A prosecution in respect of the alleged offence will not be instituted during the said period or, if the sum of fifteen pounds, twenty pounds or fifty pounds, # is paid during that period, no prosecution will be instituted, at all.

# Omit whichever is inappropriate.

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

Important: Payment will be accepted only at the Garda Síochána station or other place specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to the Member-in-Charge/Authorised Person # at .............................................. 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.

Direction for Completing this Form

FORM 2

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OF SECTION 103 OF THE PRINCIPAL ACT in relation to speeding offences.

SERIAL NUMBER..........................................

GARDA SÍOCHÁNA

Notice UNDER SUBSECTION (2) OF SECTION 103 of THE ROAD TRAFFIC ACT, 1961

IDENTIFICATION MARK.........................................

It is alleged that you have committed an offence under section 47 of the Road Traffic Act, 1961 (as amended by section 26 of the Road Traffic Act, 1968 and section 34 of the Road Traffic Act, 1994 ), by driving the mechanically propelled vehicle with the above identification mark at a speed of ... (insert speed at which vehicle was travelling) where a speed limit of ... (insert appropriate speed limit) was in force, at ... (insert location) at... (insert time) on... (insert date).

During the period of 21 days beginning on the date of this Notice you may pay the sum of fifty pounds, accompanied by this Notice, to a member of the Garda Siochana or an authorised person

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

or

............................................................ ...................(insert details of other place )#

# Omit whichever is inappropriate.

A prosecution in respect of the alleged offence will not be instituted during the said period or, if the sum of fifty pounds is paid during that period, no prosecution will be instituted, at all.

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

Important: Payment will be accepted only at the Garda Síochána station or other place specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to the Member-in-charge/Authorised Person# at............................... A receipt for payment will be given.

# Omit whichever is inappropriate.

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

GIVEN under the Official Seal of the Minister for the Environment

this 31st day of October, 1996.

BRENDAN HOWLIN

Minister for the Environment

EXPLANATORY NOTE

These regulations, which replace previous regulations made under the Road Traffic Act, 1961 , declare the offences to which section 103 of that Act applies, including the offence of exceeding a speed limit to which section 103 had not hitherto applied.

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 Siochana or Authorised Person who alleges that an offence has been committed. The regulations also prescribe the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution.