Road Traffic Act, 2002
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Fixed charge offences. |
11.—(1) The following section is substituted for section 103 of the Principal Act: | |
“103.—(1) This section applies to such summary offences under the Road Traffic Acts, 1961 to 2002, and the Roads Act, 1993 , as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, Equality and Law Reform, to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence. | ||
(2) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person— | ||
(a) if the member identifies the person, the member shall serve, or cause to be served, personally or by post, on the person a notice under this section, | ||
(b) if the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, the member shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section. | ||
(3) In a case referred to in subsection (2) of this section, if the offence concerned is not a penalty point offence (within the meaning of the Road Traffic Act, 2002)— | ||
(a) the references in that subsection to a member of the Garda Síochána shall be construed as including references to a traffic warden, and | ||
(b) paragraph (b) of that subsection shall be construed as if ‘or shall affix such a notice to the vehicle’ were inserted after ‘notice under this section’. | ||
(4) Where— | ||
(a) a notice under this section is served on the registered owner of a mechanically propelled vehicle or affixed to such a vehicle, and | ||
(b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates, | ||
the registered owner shall— | ||
(i) not later than 28 days after the date of the notice give or send to a member of the Garda Síochána or a traffic warden at the Garda Síochána station or other place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and | ||
(ii) give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by the member or warden at the Garda Síochána station or other place aforesaid such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i) of this paragraph. | ||
(5) The Commissioner shall, not later than 28 days after a document referred to in subsection (4) of this section containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a member of the Garda Síochána or a traffic warden, cause a notice under this section to be served, personally or by post, on the person. | ||
(6) A notice under this section shall be in the prescribed form and, if it relates to a penalty point offence (within the meaning of the Road Traffic Act, 2002) shall contain a statement to the effect that, if the person on whom it is served makes a payment specified in paragraph (b) or (c) of subsection (7) or, as the case may be, subsection (8) of this section in accordance with those provisions or is convicted of the offence aforesaid, different specified numbers of penalty points (within the meaning aforesaid) will be endorsed on the entry (within the meaning aforesaid) of the person. | ||
(7) If a notice is served pursuant to subsection (2)(a) or (5) of this section, it shall, without prejudice to the generality of subsection (6) of this section, contain a statement to the effect that— | ||
(a) the person on whom it is served is alleged to have committed an offence specified in the notice, | ||
(b) the person may, during the period of 28 days beginning on the date of the notice, make to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a payment of a fixed charge of a prescribed amount accompanied by the notice, duly completed, | ||
(c) if the person does not make the payment specified in paragraph (b) of this subsection, during the period so specified, accompanied by the notice, duly completed, the person may, during the period of 28 days beginning on the expiration of that period, make to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a payment of a fixed charge of an amount 50 per cent. greater than the prescribed amount referred to in paragraph (b) of this subsection accompanied by the notice, duly completed, and | ||
(d) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified accompanied by the notice, duly completed, is made during the appropriate period so specified in relation to the payment, at all. | ||
(8) If a notice is served or affixed to a mechanically propelled vehicle pursuant to subsection (2)(b) of this section, it shall, without prejudice to the generality of subsection (6) of this section, contain a statement to the effect that— | ||
(a) an offence specified in the notice is alleged to have been committed, | ||
(b) a person liable to be prosecuted for the offence may during the period of 28 days beginning on the date of the notice, make to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a payment of a fixed charge of a prescribed amount accompanied by the notice, duly completed, | ||
(c) if a person such as aforesaid does not make the payment specified in paragraph (b) of this subsection during the period so specified accompanied by the notice, duly completed, the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make to a member of the Garda Síochána or at traffic warden at a specified Garda Síochána station or at another specified place a payment of a fixed charge of an amount 50 per cent. greater than the prescribed amount referred to in paragraph (b) of this section accompanied by the notice, duly completed, | ||
(d) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by subsection (4) of this section— | ||
(i) not later than 28 days after the date of the notice, to give or send to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and | ||
(ii) to give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i) of this paragraph, | ||
(e) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice pursuant to paragraphs (b) and (c) of this subsection or, if a payment specified in the notice accompanied by the notice, duly completed, is made during the appropriate period so specified in relation to the payment, at all, | ||
(f) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with subsection (4) of this section, | ||
(g) if the registered owner complies with the said subsection (4), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated, and | ||
(h) subject to paragraph (f) of this subsection, failure to comply with the said subsection (4) is an offence upon conviction of which the registered owner is liable to a fine not exceeding €800. | ||
(9) Where a notice is served or affixed under subsection (2) of this section or served under subsection (5) of this section— | ||
(a) a person or the person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána or a traffic warden at the Garda Síochána station or other place specified in the notice a payment specified in the notice at the appropriate time so specified in relation to the payment accompanied by the notice, duly completed, | ||
(b) the member or warden may receive the payment, issue a receipt therefor and retain it for disposal in accordance with the Road Traffic Acts, 1961 to 2002, and no payment so received shall in any circumstances be recoverable by the person who made it, | ||
(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the periods specified in the notice or, if a payment so specified is made during the period so specified accompanied by the notice, duly completed, in relation to the payment, at all, | ||
(d) in case the notice is served or affixed pursuant to paragraph (b) of the said subsection (2) and a payment aforesaid accompanied by the notice, duly completed, is so made, the registered owner need not comply with subsection (4) of this section, and | ||
(e) if the registered owner complies with the said subsection (4), the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of the alleged offence aforesaid shall not be initiated. | ||
(10) In a prosecution for a fixed charge offence, it shall be presumed, until the contrary is shown that a payment pursuant to the relevant notice under this section accompanied by the notice, duly completed, has not been made. | ||
(11) Where, in a case to which subsection (2)(b) of this section applies, the registered owner of the mechanically propelled vehicle concerned does not furnish in accordance with subsection (4) of this section the information specified in paragraph (i) of that subsection, then, in a prosecution of that owner for the alleged offence to which the notice under the said subsection (2)(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 said alleged offence. | ||
(12) A notice which is affixed to a mechanically propelled vehicle under subsection (2) of this section shall not be removed or interfered with except by a person to whom the notice applies. | ||
(13) A person who contravenes subsection (4) of this section shall, subject to subsection (9)(d) of this section, be guilty of an offence and a person who contravenes subsection (12) of this section shall be guilty of an offence. | ||
(14) It shall be a defence for a person charged with an offence under subsection (13) of this section consisting of a contravention of subsection (4) of this section for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information. | ||
(15) In a prosecution for an offence under subsection (13) of this section consisting of a contravention of subsection (4) of this section, it shall be presumed, until the contrary is shown, that the accused person received the notice under this section to which the offence relates. | ||
(16) In a prosecution of a person for— | ||
(a) the alleged offence to which a notice under this section, served on the registered owner of a mechanically propelled vehicle, relates, or | ||
(b) an offence under subsection (17) of this section, | ||
a document, purporting to be a document under subsection (4) of this section 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 referred to in paragraph (a) of this subsection and to be signed by that registered owner, given or sent under paragraph (i) of that subsection by that owner to a member of the Garda Síochána or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a) of this subsection, shall be admissible as evidence, until the contrary is shown, of the facts stated in it. | ||
(17) A person who, pursuant to subsection (4) of this section, gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading shall be guilty of an offence. | ||
(18) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under subsection (13) of this section consisting of a contravention of subsection (4) of this section may be brought at any time within 2 years from the date on which the offence was committed. | ||
(19) (a) The Minister may authorise in writing such and so many persons as he or she may determine to perform the functions conferred on traffic wardens by this section; and a person so authorised shall, when performing any such function, if so requested, produce to the person who made the request the authorisation of the Minister under this section or a copy of it. | ||
(b) The Minister may revoke an authorisation under this subsection. | ||
(c) The number of persons standing authorised under this subsection and their remuneration and other conditions of service shall be such as may be determined by the Minister with the consent of the Minister for Finance. | ||
(d) Neither the Civil Service Commissioners Act, 1956 , nor the Civil Service Regulation Act, 1956 , shall apply to the position of traffic warden. | ||
(e) In this subsection, ‘the Minister’ means the Minister for Justice, Equality and Law Reform. | ||
(20) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed a fixed charge offence, the traffic warden may request of the person his or her name and address and, if the person does not comply with the request or gives a name or address that is false or misleading, he or she shall be guilty of an offence. | ||
(21) The Minister may make regulations for enabling this section to have full effect and any such regulations in relation to fixed charges referred to in subsection (7) of this section may specify different amounts in relation to different fixed charge offences and to such offences involving different classes of vehicles and to such offences committed in different areas. | ||
(22) (a) In this section ‘traffic warden’ means a person standing authorised under subsection (19) of this section. | ||
(b) In this section, references to a notice under this section, duly completed, are references to such a notice on which the number, the date of the grant, and the period of validity, of the driving licence of the person to whom the notice relates have been inserted by or on behalf of the person.”. | ||
(2) (a) Regulations under section 103 of the Principal Act in force immediately before the commencement of this section shall continue in force after such commencement as if made under section 103 (as inserted by this Act) of the Principal Act and may be amended or revoked accordingly. | ||
(b) A person who, immediately before such commencement, stands appointed under section 103 of the Principal Act as an authorised person shall, upon such commencement, be deemed to be a traffic warden standing authorised under subsection (19) of section 103 (as inserted by this Act) of the Principal Act.”. |