Road Traffic Act 2004
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Outsourcing of fixed charge functions from Garda Síochána. |
18.—(1) Section 103 (inserted by section 11 of the Act of 2002) of the Principal Act is amended— | |
(a) by substituting for subsection (1) the following: | ||
“(1) This section applies to— | ||
(a) such summary offences under the Road Traffic Acts 1961 to 2004 and the Roads Act 1993 as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, Equality and Law Reform, to be fixed charge offences, and | ||
(b) an offence under section 73 of the Finance Act 1976 , | ||
and an offence standing so declared under paragraph (a), and the offence referred to in paragraph (b), of this subsection are referred to in this section as a fixed charge offence.”, | ||
(b) in subsection (4), by substituting for paragraph (b) the following: | ||
“(b) the registered owner of the vehicle— | ||
(i) being an individual was not driving or otherwise using the vehicle, or | ||
(ii) being a body corporate or an unincorporated body of persons was not capable of driving or otherwise using the vehicle, | ||
at the time of the commission of the alleged offence to which the notice relates,”, | ||
(c) by inserting after subsection (6) the following: | ||
“(6A) A notice under this section in the prescribed form— | ||
(a) shall contain details of the manner of payment of a fixed charge, and | ||
(b) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.”, | ||
(d) in subsection (7) by substituting for paragraphs (b) and (c) the following: | ||
“(b) the person may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge as specified in the notice, | ||
(c) if the person does not make the payment specified in paragraph (b) of this subsection, during the period so specified, the person may, during the period of 28 days beginning on the expiration of that period, make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b) of this subsection, and”, | ||
(e) in subsection (8) by substituting for— | ||
(i) paragraphs (b) and (c) the following: | ||
“(b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make a payment of a fixed charge of a prescribed amount, | ||
(c) if the person does not make the payment specified in paragraph (b) of this subsection during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b) of this section,”, | ||
and | ||
(ii) paragraph (h) the following: | ||
“(h) subject to paragraph (f) of this subsection, failure to comply with the said subsection (4) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.”, | ||
(f) by inserting after subsection (8) the following: | ||
“(8A) The payment of a fixed charge shall not be accepted after the expiration of the period of 56 days beginning on the date of the notice concerned that was served or affixed under subsection (2) or served under subsection (5) of this section, as the case may be.”, | ||
(g) in subsection (9), by substituting for paragraph (a) the following: | ||
“(a) a person or the person to whom the notice applies may, during the period specified in the notice, as specified in the notice make a payment,”, | ||
(h) by substituting for subsection (10) the following: | ||
“(10) In a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that— | ||
(a) the relevant notice under this section has been served or caused to be served, and | ||
(b) that a payment pursuant to the relevant notice under this section, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made.”, | ||
and | ||
(i) by inserting after subsection (22) the following: | ||
“(23) (a) The Minister for Justice, Equality and Law Reform may, by an agreement in writing, entered into with a person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of— | ||
(i) the function of the Commissioner in respect of the serving of a document under subsection (5) of this section, or | ||
(ii) any of the functions of a member of the Garda Síochána or a traffic warden under this section other than the functions specified in subsection (2) of this section. | ||
(b) An agreement referred to in paragraph (a) of this subsection may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies. | ||
(c) Section 14 (2), (3) and (4) of the Road Traffic Act 2002 applies to any agreement entered into by the Minister for Justice, Equality and Law Reform under paragraph (a) of this subsection.”. | ||
(2) Regulations made under subsection (1) of section 103 of the Principal Act which are in force immediately before the commencement of the amendment effected by subsection (1)(a) continue in force after such commencement as if made under that subsection inserted by subsection (1)(a). |