Road Traffic Act 2010
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Chapter 8 Fixed penalty notice — drink driving | ||
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Fixed penalty notice — drink driving. |
29.— (1) Where a person, who is not a specified person, is alleged to have committed an offence under section 4 (2), (3) or (4) or section 5 (2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17 — | |
(a) did not exceed— | ||
(i) 80 milligrammes of alcohol per 100 millilitres of blood, | ||
(ii) 107 milligrammes of alcohol per 100 millilitres of urine, | ||
(iii) 35 microgrammes of alcohol per 100 millilitres of breath, | ||
or | ||
(b) exceeded— | ||
(i) 80 milligrammes but did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, | ||
(ii) 107 milligrammes but did not exceed 135 milligrammes of alcohol per 100 millilitres of urine, or | ||
(iii) 35 microgrammes but did not exceed 44 microgrammes of alcohol per 100 millilitres of breath, | ||
he or she shall, subject to subsections (4) and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section and the penalty points specified in subsection (8)(a)(i) or disqualification specified in subsection (8)(a)(ii) for the person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her. | ||
(2) Where a specified person is alleged to have committed an offence under section 4 (2), (3) or (4) or section 5 (2), (3) or (4) and the concentration of alcohol purported to be present in his or her body as stated in accordance with section 13 or certified in accordance with section 17 did not exceed— | ||
(a) 80 milligrammes of alcohol per 100 millilitres of blood, | ||
(b) 107 milligrammes of alcohol per 100 millilitres of urine, or | ||
(c) 35 microgrammes of alcohol per 100 millilitres of breath, | ||
he or she shall, subject to subsections (4) and (5), be served with a notice (“fixed penalty notice”) in accordance with subsection (10) stating that where the charge specified in subsection (7) (“fixed charge”) is paid in accordance with this section and disqualification specified in subsection (8)(b) for the specified person holding a driving licence is in consequence applicable, a prosecution in respect of any such offence shall not be initiated against him or her. | ||
(3) Where a fixed penalty notice is being served on a person under this section it may be served— | ||
(a) in the case of personal service, by— | ||
(i) delivering it to the person, or | ||
(ii) leaving it at the address— | ||
(I) at which the person ordinarily resides, | ||
(II) which, at the time of the alleged offence, the person gave to a member of the Garda Síochána, or | ||
(III) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence, | ||
or | ||
(b) in the case of postal service, by posting it to the address— | ||
(i) at which the person ordinarily resides, | ||
(ii) which, at the time of the alleged offence, the person gave to a member of the Garda Síochána, or | ||
(iii) at which the vehicle is registered, where the person is the registered owner of the vehicle at the time of the alleged offence. | ||
(4) A person is not eligible to be served with a fixed penalty notice if he or she does not hold a driving licence for the time being in force or is disqualified for holding a driving licence, at the time of the commission of the alleged offence. | ||
(5) A person who has been served with a fixed penalty notice and has paid the fixed charge, is not eligible to be served with another fixed penalty notice within the period of 3 years from the appropriate date relating to the endorsement of penalty points on the entry relating to the person or the date of commencement of the disqualification, whichever is applicable, following payment of the fixed charge in accordance with the notice. | ||
(6) Penalty points so endorsed on the entry relating to a person (who is not a specified person) shall, in accordance with section 4 of the Act of 2002, remain on the entry for a period of 3 years beginning on the appropriate date. | ||
(7) The fixed charge is— | ||
(a) in the case of a concentration of alcohol referred to in subsection (1)(a) or subsection (2) — €200, or | ||
(b) in the case of a concentration of alcohol referred to in subsection (1)(b) — €400, | ||
or such other amount that, for the time being, stands prescribed in lieu of either of those amounts. | ||
(8) Where— | ||
(a) a person, who is eligible under subsection (1) to be served with a fixed penalty notice, pays the fixed charge and payment is made in accordance with this section and the concentration of alcohol purported to be present in his or her body as stated or certified in accordance with Part 2 — | ||
(i) did not exceed 80 milligrammes of alcohol per 100 millilitres of blood, 3 penalty points shall be endorsed on the entry relating to the person, or | ||
(ii) did not exceed 100 milligrammes of alcohol per 100 millilitres of blood, the person shall be disqualified for holding a driving licence for a period of 6 months beginning on the date referred to in subsection (14), | ||
or | ||
(b) a specified person, who is eligible under subsection (2) to be served with a fixed penalty notice, pays the fixed charge and payment is made in accordance with this section, he or she shall be disqualified for holding a driving licence for a period of 3 months beginning on the date referred to in subsection (14). | ||
(9) Where a member of the Garda Síochána alleges that a person has committed an offence referred to in subsection (1) or (2) and the person under this section is eligible to be served with a fixed penalty notice, the member shall serve or cause to be served in the manner referred to in section 35 , personally or by post, on that person a fixed penalty notice. | ||
(10) A fixed penalty notice— | ||
(a) shall be in the prescribed form, | ||
(b) shall contain details of the manner of payment of a fixed charge, and | ||
(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed. | ||
(11) A fixed penalty notice shall contain a statement to the effect that— | ||
(a) the person on whom it is served is alleged to have committed the offence specified in the notice, | ||
(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with Chapter 2, | ||
(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed penalty notice, | ||
(d) the person may, if he or she is eligible under this section to be served with a fixed penalty notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda Síochána at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed, | ||
(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person (not being a specified person) shall, as the case may be, have 3 penalty points endorsed on the entry relating to the person in the circumstances referred to in subsection (8)(a)(i) or be disqualified for holding a driving licence for the appropriate period in the circumstances referred to in subsection (8)(a)(ii) or (8)(b), and | ||
(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all. | ||
(12) A person who is ineligible under subsection (4) or (5) to pay the fixed charge, and who knows or should in the circumstances have reasonably known that he or she is so ineligible, who pays or attempts to pay the charge commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 1 month or to both. | ||
(13) (a) Where the fixed charge is paid in accordance with this section, a receipt for it shall be issued by the Garda Síochána to the person who has paid the charge. | ||
(b) Subject to paragraph (c), the payment of the fixed charge received by the Garda Síochána in accordance with this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and shall not be recoverable by the person who made it. | ||
(c) Where a person who is ineligible under subsection (4) or (5) to pay the fixed charge pays the charge, the Garda Síochána may return the payment to the person. | ||
(14) Where a payment is received under subsection (13), the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and thereupon the Minister shall cause the number of penalty points or period of the disqualification referred to in subsection (8), as the case may be, to be endorsed on the entry in the licence record relating to the person. | ||
(15) Where an endorsement which is a disqualification is made under subsection (14), the Minister shall cause a notice to be issued to the person concerned informing him or her that the date for the commencement of the period of the disqualification is 14 days after the date of that notice or where penalty points are to be endorsed, that 3 points have been endorsed on the entry relating to the person and will remain, subject to section 3(2) of the Act of 2002, on the entry for a period of 3 years beginning on the appropriate date. | ||
(16) A notice issued under subsection (15) relating to a disqualification shall direct the person concerned to submit the driving licence held by him or her to— | ||
(a) the licensing authority that granted the licence, in the case of an Irish driving licence, or | ||
(b) to such place as specified in the notice, in the case of a foreign driving licence, | ||
within 14 days of the date of the notice. | ||
(17) A person who does not comply with a direction under subsection (16) commits an offence and is liable on summary conviction to a fine not exceeding €2,000. | ||
(18) In a prosecution of an offence referred to in subsection (1) or (2) it shall be presumed until the contrary is shown that— | ||
(a) the relevant fixed penalty notice has been served or caused to be served, and | ||
(b) a payment under the relevant fixed penalty notice, accompanied by the notice, duly completed, has not been made. | ||
(19) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of any of the functions of a member of the Garda Síochána relating to the issuing of a fixed penalty notice, the receipt of such notice, the acceptance of a payment or the issuing of a receipt for such payment, as are set out in this section or of the function of the Commissioner in respect of the issue of a notice under subsection (9). | ||
(b) An agreement referred to in paragraph (a) may apply to the performance of all or any of the functions to which that paragraph refers in respect of all or selected offences in respect of which this section applies. | ||
(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under paragraph (a). | ||
(20) In this section, reference to a fixed penalty notice, duly completed, is reference 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, as required in the notice, have been inserted by or on behalf of the person. | ||
(21) In this section “driving licence” includes a learner permit. |