Local Authorities (Traffic Wardens) Act, 1975

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Provisions applying to certain offences relating to vehicles.

3.—(1) This section applies to such of the following offences as may be declared by the Minister by regulations made after consultation with the Minister for Justice, to be offences to which this section applies, namely, any offence under the Road Traffic Acts, 1961 to 1973, which relates to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles and the offence under regulations made under the Roads Act, 1920 , of not attaching to and carrying on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle issued under that Act.

(2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed an offence to which this section applies, he may deliver to the person a notice in the prescribed form stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may, during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of a prescribed amount, accompanied by the notice,

(c) that 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.

(3) Where a traffic warden has reasonable grounds for believing that an offence to which this section applies, involving the use of a mechanically propelled vehicle, is being or has been committed, he may affix to the vehicle a notice in the prescribed form stating—

(a) that the offence is alleged to have been committed,

(b) that a person liable to be prosecuted for the offence may, during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of a prescribed amount, accompanied by the notice,

(c) that 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, that no prosecution in respect of the alleged offence will be instituted.

(4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice,

(b) that local authority may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, 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 shall 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 shall be instituted.

(5) (a) A notice affixed to a vehicle under subsection (3) of this section shall not be removed or interfered with except by a person to whom the notice applies.

(b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £20.

(6) Different amounts may be prescribed for the purposes of subsection (2) (b) and subsection (3) (b) of this section in respect of different offences, different classes of vehicles and offences alleged to have been committed in particular public places or different areas.

(7) In a prosecution for an offence to which this section applies the onus of showing that a payment pursuant to a notice under this section has been made shall be on the defendant.

(8) Moneys accruing to a local authority under this section shall be disposed of in accordance with regulations made by the Minister.