Road Traffic Act 2006

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Fixed charge offences.

14.— Section 103 (inserted by section 11 of the Act of 2002 and as amended by section 18 of the Act of 2004) of the Principal Act is amended—

(a) by substituting for subsection (1) (inserted by section 18(1)(a) of the Act of 2004) the following:

“(1) This section applies to—

(a) such summary offences under the Road Traffic Acts 1961 to 2006 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,

(b) such offences under—

(i) the Road Transport Act 1933 (including any Act construed as one with it) which may not be tried on indictment, or

(ii) any regulation made under the European Communities Act 1972 providing for the carriage of merchandise by road or the carriage of passengers by road or the issuing of transport discs,

as may be declared by the Minister by regulations to be fixed charge offences,

(c) an offence under Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ),

(d) an offence under Regulation 5, 6, 7, 8 or 9 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006 ), and

(e) an offence under section 73 of the Finance Act 1976 ,

and an offence standing so declared under paragraph (a) or (b) and each of the offences referred to in paragraphs (c), (d) and (e) are referred to in this section as a fixed charge offence.”,

(b) by inserting after subsection (3) the following:

“(3A) In a case referred to in subsection (2), if the offence is an offence referred to in subsection (1)(b), the references in subsection (2) (other than paragraph (b)) to a member of the Garda Síochána are to be read as including references to a transport officer (within the meaning of section 15 of the Road Transport Act 1986 ).”,

(c) in subsection (7)(b), by substituting “fixed charge of a prescribed amount” for “fixed charge”,

(d) in subsections (7)(d), (8)(e), (9)(c) and (d), by substituting “in accordance with the notice” for “accompanied by the notice, duly completed”,

(e) in subsection (9), by substituting for paragraphs (a) (inserted by section 18(1)(g) of the Act of 2004) and (b) the following:

“(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice,

(b) the payment—

(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and

(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Finance directs,

and shall not be recoverable by the person who made it,”,

(f) in subsection (10) (inserted by section 18(1)(h) of the Act of 2004) by substituting “served or affixed” for “served”,

(g) in subsection (13), by substituting “is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000” for “shall be guilty of an offence”,

(h) by substituting for subsection (21) the following:

“(21) Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to—

(a) different fixed charge offences,

(b) fixed charge offences involving different classes of vehicles, or

(c) fixed charge offences committed in different areas.”,

and

(i) in subsection (22)(b), by inserting “as required in the notice” after “to whom the notice relates”.