S.I. No. 136/2006 - Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006

S.I. No. 136 of 2006

Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006

I, Martin Cullen. Minister for Transport, in exercise of the powers conferred on me by section 3 (inserted by section 12 of the Road Traffic Act 2002 (No. 12 of 2002) and as amended by section 23 of the Road Traffic Act 2004 (No. 44 of 2004)) of the Local Authorities (Traffic Wardens) Act 1975 (No. 14 of 1975), the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), and after consultation with the Minister for Justice, Equality and Law Reform in relation to declaring offences to be fixed charge offences, hereby make the following regulations:

1.      These Regulations may be cited as the Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006.

2.      These Regulations come into operation on 3 April 2006.

3.      In these Regulations -

“Act of 1975” means Local Authorities (Traffic Wardens) Act 1975 (No. 14 of 1975);

“Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994);

“vehicle” means mechanically propelled vehicle.

4.      The offences under the Road Traffic Acts 1961 to 2005 mentioned in Regulation 5 and Schedules 1 to 3 and section 73 of the Finance Act 1976 (No. 16 of 1976) are declared to be fixed charge offences.

5.      The amount in relation to a fixed charge is -

(a)       €80, in respect of the offence under section 35(5) of the Act of 1994 for a contravention of the provision of the Regulations mentioned in Schedule 1,

(b)       €60, in respect of an offence under section 73 (requiring a licence to be fixed to and exhibited on a vehicle) of the Finance Act 1976 ,

and

(c)       €40, in respect of an offence under -

(i)       a provision of the Road Traffic Act 1961 (No. 24 of 1961) mentioned in Part 1,

(ii)      the provision of the Act of 1994 mentioned in Part 2, and

(iii)     section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 3,

of Schedule 2.

6.      The form of notice set out in Part 1 of Schedule 3 at A is prescribed as a form of notice for the purposes of section 3 of the Act of 1975.

7.      The form of document set out in Part 2 of Schedule 3 at B is prescribed as the form of document for the purposes of section 3(3)(i) of the Act of 1975.

8.      The Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1997 ( S.I. No. 395 of 1997 ) are revoked.

Schedule 1

€80 fixed charge

Offence under section 35(5) of the Road Traffic Act 1994

Schedule 2

€40 fixed charge

Part 1

Offences under the Road Traffic Act 1961

Part 2

Offence under the Road Traffic Act 1994

Part 3

Offence under section 35(5) of the Road Traffic Act 1994

Schedule 3

€Fixed Charge Offence

A

Notice under section 3 (inserted by section 12(1) of the Road Traffic Act 2002 )) of the Local Authorities (Traffic Wardens) Act 1975

Date _________ (insert date)

(insert name)...............................

(insert address)............................

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

Alleged Offence

It is alleged that [you have committed an offence]✻[an offence has been committed]✻ (specify offence), involving the use of a mechanically propelled vehicle bearing identification mark___________________________

in a public place at ___________________________ (insert location)

at ________ (insert time) on _____________ (insert date).

^✻Delete as appropriate

Payment of Fixed Charge

1.      In respect of the offence alleged in this notice -

(a)        you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of € (insert amount)______, or

(b)        if you do not pay that fixed charge during that period, you may, beginning on the expiration of that period, during the further period of 28 days, pay a fixed charge of € (insert amount)_____.

to ______________¹ at (insert address)_____.

2.      A payment of a fixed charge under this notice must be accompanied by all of this notice, if payment is made in person or by post, or by quoting the reference number (if any) mentioned on it, if payment is allowed otherwise below, and in the manner stated below.

3.      You will not be prosecuted -

(a)        during the period of 56 days from the date of this notice, or

(b)        at all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.

Manner of Payment:

(insert manner of payment and where payment is to be made)

Registered owner not driving vehicle at time of alleged offence²

5.      (1)      If you were not driving or otherwise using the vehicle referred to in this notice at the time of the commission of the alleged offence you must, as required by s.3(3) of the Local Authorities (Traffic Wardens) Act 1975 -

(a)        not later than 28 days after the date of this notice give or send the document below signed by you stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence to __________________ ¹ at (insert address), and

(b)        give or send to the above authority at the above address within such period as may be specified by it such other information within your knowledge or procurement as ____________ ¹ may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person who was then driving or otherwise using the vehicle.

(2)      If a payment referred to in paragraph 1 of this notice accompanied by this notice, is made during the period referred to in that paragraph you need not comply with the requirement in subparagraph (1) above.

(3)      If you comply with subparagraph (1) above you don't need to make the payment referred to in paragraph 1 of this notice, and a prosecution in respect of the alleged offence will not be initiated against you.

(4)      Other than in the circumstances referred to in subparagraph (3) above, failure to comply with subparagraph (1) (being a failure to comply with s.3(3) of the Local Authorities (Traffic Wardens) Act 1975 ) is an offence upon summary conviction of which you are liable to a fine not exceeding €800.

B

DOCUMENT FOR THE PURPOSES OF SECTION 3(3)(i)

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT 1975

STATEMENT OF NOMINATION OF NAME AND ADDRESS OF DRIVER OF VEHICLE

I was not, or being a body corporate or an unincorporated body of persons capable of, driving or otherwise using the vehicle mentioned in the notice in this form at the time of the commission of the offence alleged in the notice. I state that -

was driving or otherwise using the vehicle at the time of the commission of the alleged offence.

This statement together with the above notice must be given or sent to ______________², at _______________, not later than 28 days after the date of the notice.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations (operative from 3 April 2006) declare which offences involving the use of mechanically propelled vehicles are fixed charge offences for the purposes of section 3 of the Local Authorities (Traffic Wardens) Act 1975 , determine the amount of fixed charge for each offence and prescribe the form of notice and document to be used in the enforcement of those fixed charge offences.

¹ specify local authority

² omit. unless notice is served or affixed under s. 3(2)(b) of the Act of 1975

¹ specify local authority

¹ specify local authority