S.I. No. 322/2003 - Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 5 and section 103 (inserted by section 11 of the Road Traffic Act 2002 (No. 12 of 2002)) of the Road Traffic Act 1961 (No. 24 of 1961), the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), and after consultation with the Minister for Justice, Equality and Law Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic Act 1961 (Section 103 (Offences) Regulations 2003.

(2) The Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 and 2002 and these Regulations may be cited together as the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 to 2003 and shall be construed as one.

(3) These Regulations come into operation on 25 August 2003.

2. (1) In these Regulations -

“Principal Act” means the Road Traffic Act 1961 (No. 24 of 1961);

“Act of 2002” means the Road Traffic Act 2002 (No. 12 of 2002);

“Regulations of 1991” means the Road Traffic (Construction, Equipment and Use of Vehicles (Amendment) (No.3) Regulations 1991 ( S.I. No. 359 of 1991 );

“Regulations of 1999” means the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 ( S.I. No. 12 of 1999 );

“Regulations of 2002” means the Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 ( S.I. No. 492 of 2002 ).

(2) A reference in these Regulations to a Regulation or a Schedule is to a Regulation of or a Schedule to these Regulations, unless it is indicated that a reference to some other Regulation or Schedule is intended.

(3) A reference in these Regulations to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

3. An offence under section 11 of the Principal Act consisting of a contravention of paragraph (2) or (3) of Article 6 or Article 7 of the Regulations of 1991, committed by the driver of a vehicle to which those Articles apply, is declared to be a fixed charge offence.

4. Notwithstanding Regulation 4 of the Regulations of 2002, € 60 is prescribed for the purposes of subsections (7)(b) of section 103 (as inserted by section 11 of the Act of 2002) of the Principal Act in relation to an offence specified in Regulation 3.

5. The Regulations of 2002 are amended by substituting the Schedule set out in the Schedule to these Regulations for the Schedule.

6. Articles 3(12) and 5(h) of the Regulations of 1999 (in so far as each relates to an offence specified in Regulation 3) are revoked.

SCHEDULE

Part 1

DOCUMENT FOR THE PURPOSES OF SECTION 103 (4)(i) OF THE ROAD TRAFFIC ACT 1961 .

A Garda Síochána

I am the registered owner of a mechanically propelled vehicle (“the vehicle”) whose identification mark is__________ __________.

1. A notice (serial number ______ ___) dated the ___day of ______, 20__ under section 103 of the Road Traffic Act 1961 , alleging the commission of an offence under section 47 of the Road Traffic Act 1961 by the driver of the vehicle at ___ (time) on the _____ (date) at ______(location) was served on me.

2. I was not driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

3. ______ (name) of______ (address), driving licence number ^* (______)(if it is known to or can be obtained by the registered owner aforesaid), was driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

SIGNATURE OF REGISTERED OWNER: ______________________________________

ADDRESS OF REGISTERED OWNER: ________________________________________

DATE: _________________________

(1.) You are required to complete and sign this document and give or send it to a member of the Garda Síochána at ____ (insert name and address of Garda Síochána station or specify another location) not later than 28 days after the date of the notice specified in paragraph 1. Failure to do so is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

(2.) It is an offence to give false or misleading information in this document and, if you are convicted of it, you are liable to a fine not exceeding €800. If the offence is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both.

(3.) This document is admissible as evidence of the facts stated in it in a prosecution under the said section 47.

(4.) If you are completing this document (marked “A”) and are stating the name and address of another driver you should NOT complete and return the separate notice (marked “B”) and should NOT purport to make a fixed charge payment in respect of the other driver you name. The other driver you name in paragraph 3 will be issued with separate notice forms and will be given the option of the 28 or 56 day period from the date of issue of the notice to pay a fixed charge or to be prosecuted.

Part 2

Garda Síochána

NOTICE FOR THE PURPOSES OF SUBSECTION (6) OF SECTION 103 OF THE ROAD TRAFFIC ACT 1961 .

GARDA NO: ________ SIGNATURE OF GARDA _______________ DATE __________ IDENTIFICATION MARK OF VEHICLE ______________________________________

1.	TO:	NAME
		ADDRESS
		DRIVER LICENCE NUMBER ^*

2. It is alleged that by driving a mechanically propelled vehicle bearing the above identification mark in a public place at __________(insert location) at __________(insert time) on __________(insert date)-

(Specify, by tick, offence(s) as appropriate)

(i) you committed an offence by contravening the requirement under Article 6 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No.3 Regulations 1991 (“the Regulations”) to wear a safety belt, while driving the vehicle aforesaid,

(ii) you committed an offence by contravening the requirement under Article 6 of the Regulations not to permit a person who is under 17 years of age to occupy a forward facing front seat in the vehicle aforesaid, unless that person is -

(a) 4 years of age or upwards and is wearing a safety belt,

(b) restrained by an appropriate child restraint,

(iii) you committed an offence by contravening the requirement under Article 7 of the Regulations not to permit a person who is under 17 years of age to occupy a forward facing seat, not being a front seat, in the vehicle aforesaid unless that person is-

(a) 4 years of age or upwards and is wearing a safety belt,

(b) restrained by an appropriate child restraint,

(iv) you committed an offence under section 47 of the Road Traffic Act 1961 by driving the vehicle aforesaid, in the public place aforesaid, at a speed of _________(insert speed of vehicle), where a speed limit of _________(insert speed) was in force.

3. AMOUNT OF FIXED CHARGE

(1) A fixed charge of € 60 is payable in respect of each offence specified at (i), (ii) and (iii) in paragraph 2.

(2) A fixed charge of € 80 is payable in respect of the offence specified at (iv) in paragraph 2.

4. PAYMENT OF FIXED CHARGES

(1) You may, during the period of 28 days beginning on the date of this Notice pay to a member of the Garda Síochána at ________________ (insert name and address of Garda Síochána station or specify another location) a fixed charge of the amount specified in subparagraph (1) or (2) of paragraph 3 in respect of each offence specified in paragraph 2 (“the offence(s)”). Every such payment shall be accompanied by this Notice, duly completed.

(2) If you do not make the payment(s) specified in paragraph 3 during the period specified in subparagraph (1) you may, during the period of 28 days beginning on the expiration of the period specified in that subparagraph, pay to a member of the Garda Síochána at the Garda Síochána station or other location specified in subparagraph (1) a fixed charge sum that is 50 per cent greater than the relevant amount(s specified in paragraph 3 in respect of the offence(s). Every such payment shall be accompanied by this Notice, duly completed.

(3) A prosecution in respect of the offence(s) will not be instituted -

(a) during the period of 56 days beginning on the date of this Notice, or

(b) if a payment specified in paragraph 3, accompanied by this Notice duly completed, is made in respect of the offence(s) during the appropriate period specified in relation to the payment, at all.

5.PENALTY POINTS

(1) If you pay a fixed charge pursuant to paragraph 4, 2 PENALTY POINTS will be endorsed on your entry in the licence record.

(2) If you are convicted of one or more of the offences specified in paragraph 2, 4 PENALTY POINTS will be endorsed on your entry in the licence record unless the court disqualifies you under section 27 of the Road Traffic Act 1961 and, in either case, you are liable to a fine not exceeding €800 in respect of each such offence. ^**

Where-

(1) you make 2 or more fixed charge payments in respect of 2 or more alleged penalty point offences (“alleged offences”) committed on the same occasion,

(2) you are convicted in court of 2 or more penalty point offences (“offences”) that were committed on the same occasion, or

(3) you make one or more fixed charge payments in respect of one or more alleged offences, and you are convicted in court of one or more offences, that were committed on the same occasion,

penalty points in respect of one only of such alleged offence(s) and offence(s) shall be endorsed on your entry in the licence record. The number of penalty points to be so endorsed shall be-

(a) where the number of penalty points specified for each such alleged offence(s) and penalty point offence(s) is the same, that number, and

(b) where different numbers of penalty points are specified for some or all of such alleged offence(s) and offence(s), the number which is the bigger or the biggest.

You will receive a notification of the endorsement of the penalty points. The penalty points operate from a date 28 days after the date of that notification.

6. PAYMENT OF FIXED CHARGE

I am aware of the contents of this Notice and herewith submit payment of the fixed charge amount(s) totalling € ____ in respect of the alleged offence(s) specified in subparagraph (i) (ii), (iii) and/or (iv) (tick as appropriate) of paragraph 2.

DRIVING LICENCE NUMBER^* :

_________________________________________________

SIGNATURE: ____________________________________________________

ADDRESS: ______________________________________________________

DATE: __________________________

(1.) Payment of a fixed charge will be accepted only if it is accompanied by this Notice duly completed.

(2.) Refund of a fixed charge paid pursuant to this Notice will not be made in any circumstances.

Part 3

Garda Síochána

NOTICE FOR THE PURPOSES OF SUBSECTION (6) OF SECTION 103 OF THE ROAD TRAFFIC ACT 1961 IN RELATION TO SPEEDING OFFENCES, WHERE THE NOTICE IS SERVED PURSUANT TO SUBSECTION (2)(b) OF THAT SECTION.

GARDA NO: __________ NAME OF GARDA _______________ DATE __________

IDENTIFICATION MARK OF VEHICLE _____________________

1.	TO:	NAME
		ADDRESS

2. It is alleged that an offence under section 47 of the Road Traffic Act 1961 (“the offence”) has been committed by the driving of a mechanically propelled vehicle bearing the above identification mark and of which you are the registered owner at a speed of ____ (insert speed of vehicle) at ______ (insert location) where a speed limit of ____ (insert speed) was in force, at ___ (insert time) on ______ (insert date).

If you were not driving or otherwise using the vehicle at the time of the commission of the offence SEE PARAGRAPH 5 below.

3. PAYMENT OF FIXED CHARGE

(1) The driver of the above vehicle (“the driver”) may, during the period of 28 days beginning on the date of this Notice, pay to a member of the Garda Síochána at _________________ (insert name and address of Garda Síochána station or specify another location) a fixed charge of € 80, accompanied by this Notice duly completed.

(2) If the driver does not make the payment specified in subparagraph (1), the driver may, during the period of 28 days beginning on the expiration of the period specified in that subparagraph, pay to a member of the Garda Síochána at the Garda Síochána station or other location specified in subparagraph (1) the fixed charge of €120 (being 50 per cent greater than the amount specified in that subparagraph) accompanied by this Notice, duly completed.

(3) If you make a payment pursuant to subparagraph (1) or (2), you need not comply with paragraph 5.

(4) A prosecution in respect of the offence will not be instituted -

(a) during the period of 56 days beginning on the date of this Notice, or

(b) if a payment specified in subparagraph (1) or (2), accompanied by this Notice duly completed, is made in respect of the offence during the appropriate period specified in relation to the payment, at all.

4. PENALTY POINTS

(1) If the driver pays a fixed charge pursuant to paragraph 3, 2 PENALTY POINTS will be endorsed on the driver's entry in the licence record.

(2) If the driver is convicted of the offence, 4 PENALTY POINTS will be endorsed on the driver's entry in the licence record unless the court disqualifies him or her under section 27 of the Road Traffic Act 1961 and, in either case, he or she is liable to a fine not exceeding €800 ^** .

5. FURNISHING NAME AND ADDRESS OF DRIVER OF VEHICLE

(1) If you were not driving or otherwise using the vehicle at the time of the commission of the offence, you are required -

(a) to complete the document (marked “A”) attached to this Notice by stating in it the name, address and driving license number ^* (if it is known to or can be obtained by the registered owner aforesaid) of the person who was driving or otherwise using the vehicle at the time of the commission of the offence and signing it and stating your address, and

(b) not later than 28 days after the date of this Notice, to give or send that document to a member of the Garda Síochána at _________ (name and address of Garda Síochána station or specify another place).

(2) If you comply with subparagraph (1), you need not make a payment pursuant to subparagraph (1) or (2) of paragraph 3 and a prosecution of you for the offence will not be initiated.

6. Failure by you to comply with paragraph 5(1) is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

7. PAYMENT OF FIXED CHARGE

I am aware of the contents of this Notice and herewith submit payment of the fixed charge of € ______ specified in subparagraph (1)/subparagraph (2) (delete as appropriate) of paragraph 3.

DRIVING LICENCE NUMBER OF REGISTERED OWNER ^* ___________________

SIGNATURE OF REGISTERED OWNER: __________________________________

DATE: ________________________________

(1.) Payment of a fixed charge will be accepted only if it is accompanied by this Notice duly completed.

(2.) Refund of a fixed charge paid pursuant to this Notice will not be made in any circumstances.

(3.) You are required to give or send to a member of the Garda Síochána at the Garda Síochána station or other location specified in paragraph 3(1) such other information as you have or can obtain that the member may reasonably request for the purpose of identifying and establishing the whereabouts of the person named by you (see paragraph 5) in the document marked “A”.

/images/seal.jpg

GIVEN under my Official Seal,

22 July, 2003.

SÉAMUS BRENNAN

_____________________

Minister for Transport

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations, which will come into effect on 25 August 2003, declare that the fixed charge system be applied to the driver of a mechanically propelled vehicle in respect of specified safety belt offences.

The regulations also prescribe the form of notices and documents to be used where a member of the Garda Síochána alleges that a speeding offence or a safety belt offence has been committed, the amounts which a person who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution for the offence(s) and details of the penalty points that will be endorsed on the driver's entry in the licence record following payment of a fixed charge or, on conviction of the offence(s).

^*The relevant number is the driver number printed in black type located to the left of the photograph on the first page of the driving licence.

^*The relevant number is the driver number printed in black type located to the left of the photograph on the first page of your driving licence.

^**If the conviction for the offence referred to in paragraph 2 is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and, if the offence is a third or subsequent such offence committed within 12 months, you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case the 4 penalty points referred to in paragraph 5(2) will be endorsed on your entry in the licence record unless the court disqualifies you under section 27 of the Road Traffic Act 1961.

^*The relevant number is the driver number printed in black type located to the left of the photograph on the first page of your driving licence.

^**If the conviction for the offence referred to in paragraph 4(2) is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and, if the offence is a third or subsequent such offence committed within 12 months, you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case the 4 penalty points referred to in paragraph 4(2) will be endorsed on your entry in the licence record unless the court disqualifies you under section 27 of the Road Traffic Act 1961.

^*The relevant number is the driver number printed in black type located to the left of the photograph on the first page of the driving licence.