S.I. No. 331/2015 - Road Traffic (Fixed Charge Offences - Cyclists) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2015.

The Minister for Transport, Tourism and Sport, in exercise of the powers conferred on him by sections 5 and 103 (as amended by section 14 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 (No. 24 of 1961) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 ) and the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )) and after consultation with the Minister for Justice and Equality in relation to declaring offences to be fixed charge offences, hereby makes the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Fixed Charge Offences — Cyclists) Regulations 2015.

(2) These Regulations come into operation on 31 July 2015.

2. In these Regulations—

“Principal Act” means Road Traffic Act 1961 (No. 24 of 1961);

“Regulations of 2012” means Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 332 of 2012 ).

3. The offences mentioned in Regulation 4 are declared to be fixed charge offences in so far as they involve the driving or use of a pedal cycle.

4. The amount of a fixed charge is €40, in respect of an offence under:

(a) section 11(5) of the Principal Act, for a contravention of article 29 of the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 );

(b) section 51A(2) (inserted by section 4 of the Road Traffic (No. 2) Act 2011 (No. 28 of 2011)) of the Principal Act;

(c) section 96(3) of the Principal Act;

(d) section 35(5) of the Road Traffic Act 1994 (No. 7 of 1994), for a contravention of article 30(1), 31(1) (both inserted by Regulation 16(l) of the Regulations of 2012), 45(1) or 47(4) (inserted by Regulation 16(s) of the Regulations of 2012) of the Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 ).

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GIVEN under the Official Seal of the Minister for Transport,Tourism and Sport

27 July 2015.

TOM O’MAHONY,

A Person Authorised Under Section 15 of the Ministers and Secretaries Act 1924 , to Authenticate the Seal of the Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations, operative from 31 July 2015, declare the offences detailed in the table below to be fixed charge offences for the purposes of section 103 of the Road Traffic Act 1961 , as amended, and prescribe the amount of the fixed charge for each offence.

Regulation

Description of Offence

Fixed Charge

4(a)

No front lamp or rear lamp lit during lighting-up hours on a pedal cycle.

€40

4(b)

Cyclist driving a pedal cycle without reasonable consideration.

€40

4(c)

Cyclist failing to stop for a School Warden sign.

€40

4(d)

Cyclist proceeding past traffic lights when the red lamp is illuminated.

€40

4(d)

Cyclist proceeding beyond a stop line, barrier or half barrier at a railway level crossing, swing bridge or lifting bridge, when the red lamps are flashing.

€40

4(d)

Cyclist proceeding into a pedestrianised street or area.

€40

4(d)

Cyclist proceeding past cycle traffic lights when red lamp is lit.

€40