Taxi Regulation Act 2013
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Fixed payment offences | ||
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48. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 7 (5) or (7), 8 (8), 9 (6), 11 (4), 17 (4), 20 (4)(b), 23 (1) or (4), 24 (7) or (9), 25 (9) or (10), 26 (4), 27 (2), 29 (6), 31 (2), 37 (3), 43 (1) in respect of a contravention of section 41 , 66 (5) or 68 (3) (“fixed payment offence”) he or she may serve personally or by post on the person a notice (“fixed payment notice”) in the prescribed form stating that— | ||
(a) the person is alleged to have committed the offence, | ||
(b) the person may, during the period of 28 days beginning on the date specified in the notice, make to the Authority at the address specified in the service of the notice a payment of the prescribed amount accompanied by the notice, | ||
(c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), | ||
(d) if the alleged offence relates to a demerit offence (within the meaning of Part 5), if the person on whom it is served makes the payment specified in the notice in accordance with the notice or is convicted of the offence concerned, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of Part 5) of the person, | ||
(e) the person is not obliged to make the payment, and | ||
(f) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where notice is given under subsection (1)— | ||
(a) the person to whom the notice applies may, during the period specified in the notice, make to the Authority at the address specified in the notice the payment specified in the notice accompanied by the notice, | ||
(b) the Authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, | ||
(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence under a provision referred to in subsection (1) the onus of proving that a payment to a fixed payment notice has been made lies on the defendant. | ||
(4) Regulations under subsection (1) prescribing an amount for a fixed payment offence may prescribe, in accordance with subsection (5), different fixed payment amounts in relation to— | ||
(a) different offences and in the case of an offence under section 20 (4) in relation to different contraventions, and | ||
(b) such offences involving different categories of small public service vehicle and to such contraventions committed in different areas. | ||
(5) Where the Authority prescribes the amount of a fixed payment, the amount shall not exceed, where the fine to which a person would be liable on summary conviction of the alleged offence is— | ||
(a) a class A fine, €500, | ||
(b) a class B fine, €400, | ||
(c) a class C fine, €250, | ||
(d) a class D fine, €100, or | ||
(e) a class E fine, €50. | ||
(6) The Authority may make regulations prescribing any matter referred to in this section as prescribed or to be prescribed. | ||
(7) Income generated by the payment of prescribed fixed charge amounts under this section shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform. |