Road Traffic Act 2010
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Presumptions. |
38.— (1) In a prosecution for a fixed charge offence it shall be presumed, until the contrary is shown, that— | |
(a) the relevant fixed charge notice— | ||
(i) if being served personally or affixed to a vehicle, has been so served or affixed, or | ||
(ii) if being served by post, has been so served where there is proof of posting or delivery of the notice, | ||
and | ||
(b) that a payment under the relevant fixed charge notice, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment), has not been made. | ||
(2) In any proceedings in respect of a fixed charge offence a document purporting to be a certificate or receipt of posting or delivery issued by An Post or another postal service is admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed charge notice, until the contrary is shown. | ||
(3) Where, in a case to which section 35 (1)(b) applies, the registered owner of the mechanically propelled vehicle concerned does not give or send in accordance with section 35 (6) the information specified in paragraph (b) of that subsection, then— | ||
(a) in a prosecution of that owner for the alleged offence, which is not a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence, or | ||
(b) in a prosecution of that owner or another person for the alleged offence, which is a penalty point offence, to which the notice under section 35 (1)(b) relates, it shall be presumed, until the contrary is shown, that— | ||
(i) where the registered owner is an individual, he or she was driving or otherwise using the vehicle, or | ||
(ii) where the registered owner is a body corporate or unincorporated body of persons or has hired out under a hire-drive agreement or leased the vehicle— | ||
(I) the person permitted under an approved policy of insurance or under an agreement, as the case may be, to drive the vehicle was driving or otherwise using the vehicle, or | ||
(II) in the event of being unable to ascertain the identity of that person, the registered owner is deemed to have been driving or otherwise using the vehicle, | ||
at the time of the commission of the alleged offence. | ||
(4) A member of the Garda Síochána may for the purposes of subsection (3) (b) request information or cause to be requested by notice served or caused to be served in the manner specified in section 35 (3) (including the production for inspection to the member of an approved policy of insurance or an agreement to drive the vehicle, relating to the vehicle concerned) from the registered owner of the vehicle concerned and if the registered owner fails, not later than 28 days after the date of the notice, to give the information or gives information which is false or misleading, the registered owner commits an offence and is liable on summary conviction to a fine not exceeding €5,000. |