S.I. No. 261/1975 - Local Authorities (Traffic Wardens) Act, 1975 (Section 3) (Offences) Regulations, 1975.

S.I. No. 261 of 1975.

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 (SECTION 3) (OFFENCES) REGULATIONS, 1975.

The Minister for Local Government in exercise of the powers conferred on him by subsections (1) and (6) of section 3 and section 6 of the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975) hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Authorities (Traffic Wardens) Act, 1975 (Section 3) (Offences) Regulations, 1975.

2. In these Regulations—

"the Act" means the Local Authorities (Traffic Wardens) Act, 1975 .

3. The following offences are hereby declared to be offences to which section 3 of the Act applies:—

(1) the offence of contravening a bye-law or rule made under section 84 of the Road Traffic Act, 1961 (No. 24 of 1961) (as amended by section 6 of the Road Traffic Act, 1968 ) (No. 25 of 1968) which prohibits street service vehicles from standing for hire at a place in the area in respect of which the bye-law or rule is made, other than an appointed stand;

(2) the offence of contravening a bye-law made under section 86 of the Road Traffic Act, 1961 (as amended by section 58 of the Road Traffic Act, 1968 ) which—

( a ) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings are provided without bringing the omnibus wholly within the area enclosed by such roadway markings, or

( b ) prohibits the stopping or parking of a mechanically propelled vehicle other than an omnibus either wholly or partly within the area enclosed by roadway markings provided at a stopping place or stand;

(3) the offence of contravening a bye-law or rule made under section 89 or section 90 of the Road Traffic Act, 1961 (as amended by section 6 of the Road Traffic Act, 1968 ) which—

( a ) prohibits the parking of a mechanically propelled vehicle or a mechanically propelled vehicle other than a mechanically propelled vehicle of a specified class, in a place, at or for a time or in a manner which is prohibited in such bye-law or rule, or

( b ) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the payment of fees without paying the specified fee or without paying the said fee in the manner and at the time specified, or

( c ) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the exhibition of a document without exhibiting the document in accordance with such bye-law or rule.

(4) the offence under the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) 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 the Roads Act, 1920.

4. The form set forth in the Schedule to this Regulation or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (2) and of subsection (3) of section 3 of the Act.

5. The prescribed amounts for the purposes of paragraph (b) of subsection (2) and of paragraph (b) of subsection (3) of section 3 of the Act for offences declared by the Minister to be offences to which that section applies shall be—

( a ) three pounds in respect of the offence of stopping or parking during a clearway period on a part of a roadway which is a clearway in contravention of a bye-law or rule under sections 89 or 90 of the Road Traffic Act, 1961 (as amended by section 6 of the Road Traffic Act, 1968 ),

( b ) five pounds in respect of the offence under the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) 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 the Roads Act, 1920, and

( c ) two pounds in respect of all other offences.

SCHEDULE

PRESCRIBED FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 3 of THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 .

LOCAL AUTHORITY (name to be inserted)
			Serial Number ..............................
Notice under subsection *(2)/(3) of section 3 of the Local Authorities (Traffic Wardens) Act, 1975 .
			Identification Mark ........................
To:	(a) Name ............................................................ .............
	Address ............................................................ .......... ............................................................ ...........
	or
	(b) A person liable to be prosecuted.

It is alleged that †	(a) you have committed an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark
	or
	(b) an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark has been committed.
at ............................................................ .......................		on ......................................................
During the period of 21 days beginning on the date of this Notice you may pay the sum of two pounds, three pounds† or five pounds accompanied by this Notice, to the above-mentioned local authority at...................................
A prosecution in respect of the alleged offence shall not be instituted during the said period and, if the sum of two pounds, three pounds or five pounds† is paid during that period, no such prosecution shall be instituted.
Signed ............................................................ ..........................................				Date .........................
Important: Payment will be accepted only at the address specified in the Notice and must be accompanied by this Notice. Payment may be made by Post. Make cheques etc. payable to the ...........................................
A receipt for payment will be given.
Warning: It is an OFFENCE for any person, except a person to whom it applies, to remove or interfere with this Notice.
DIRECTIONS FOR COMPLETING THIS FORM
*Strike out whichever subsection is inappropriate, viz., where the Notice is being given to a person strike out (3) and where it is being affixed to a vehicle strike out (2).
†Where the notice is under subsection (2) the matter at (b) should be deleted and where the notice is under subsection (3) the matter at (a) should be deleted.
†Omit whichever is inappropriate.

GIVEN under the Official Seal of the Minister for Local Government

this 14th day of November, 1975.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE

These Regulations declare the offences under the Local Authorities (Traffic Wardens) Act, 1975 to which section 3 of the Act applies and prescribe the form of notice which may be affixed to a vehicle or given to a person by a Traffic Warden who alleges that such an offence has been committed. The Regulations also prescribe the amount which a person liable to be prosecuted for such offence may pay within 21 days of the date of such notice as an alternative to the institution of a prosecution, viz., £5 for the offence of nondisplay of a tax disc, £3 for parking or stopping on a clearway, and £2 for other offences.