Transport Act, 1958

Illegal haulage: second and subsequent offences.

28.—(1) Where a person is convicted of an offence under section 9 of the Road Transport Act, 1933 , the fine to be imposed by the court in respect of a second offence committed by him within five years after the commission of the first shall be not less than ten pounds and the fine in respect of each subsequent offence committed by him within any period of five years shall be not less than twice the minimum fine prescribed by this section in respect of the immediately preceding offence, subject to a maximum fine of three hundred and twenty pounds in lieu of the maximum fine specified in the said section 9.

(2) The Court, in addition to the fine, may order any mechanically propelled vehicle or vehicles by means of which the second or subsequent offence was committed to be forfeited.

(3) Any mechanically propelled vehicles so ordered to be forfeited shall be disposed of in such manner as the Minister may direct and all moneys arising from such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

(4) Subsection (1) of section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to such second or subsequent offences.