Road Traffic Act 2006

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Amendment of Act of 1975 (Traffic Wardens).

15.— (1) Section 1 of the Act of 1975 is amended by substituting for the definition of “the Minister” the following:

“ “ Minister ” means Minister for Transport;”.

(2) Section 2 (as amended by section 12(2) of the Act of 2002) is amended by substituting for subsection (2) (as amended by section 12(a) of the Dublin Transport Authority (Dissolution) Act 1987 ) the following:

“(2) The functions referred to in subsection (1) are—

(a) functions in respect of offences referred to in section 3(1), and

(b) such other functions as may be prescribed after consultation with the Minister for Justice, Equality and Law Reform, and different functions may be so prescribed in relation to the functional areas of different local authorities.”.

(3) Section 3 (inserted by section 12 of the Act of 2002) of the Act of 1975 is amended—

(a) in subsection (1)(b), by substituting for subparagraph (ii) the following:

“(ii) the offence under section 11 of the Principal Act of contravening Regulation 6 (requirement to display valid test disc on windscreen) of the Road Traffic (National Car Test) Regulations 2003 ( S.I. No. 405 of 2003 ),”,

(b) in subsection (5A)(b) (inserted by section 23(b) of the Act of 2004) by substituting—

(i) “prescribed form” for “prescribed forms”, and

(ii) “with or without” for “or without”,

(c) in subsection (7), by substituting for paragraph (h) (inserted by section 23(c) of the Act of 2004) the following:

“(h) subject to paragraph (f), failure to comply with subsection (3) is an offence upon conviction of which the registered owner is liable to a fine not exceeding €1,000.”,

(d) in subsection (8)(b), to delete “in any circumstances”,

(e) in subsection (9) (inserted by section 23(e) of the Act of 2004) by substituting “served or affixed” for “served”,

(f) in subsection (12), by substituting “€1,000” for “€800” in both places where it occurs,

(g) in subsection (16), 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 inserting after subsection (17) the following:

“(17A) 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 (18), by inserting “as required in the notice” after “to whom the notice relates”.

(4) Section 4 of the Act of 1975 is amended—

(a) in subsections (1) and (3), by substituting “€1,000” for “£150” (inserted by section 12(c) of the Dublin Transport Authority (Dissolution) Act 1987 ), and

(b) in subsection (2), by substituting “an offence under section 3(12)” for “an offence under section 3(5) of this Act”.

(5) The following section is substituted for section 5 of the Act of 1975 (inserted by section 15(6) of the Dublin Transport Authority Act 1986 and as amended by section 12(3) of the Act of 2002):

“5.— Proceedings for an offence to which section 3 applies or an offence under section 3(12) or 4 may be brought and prosecuted summarily by the local authority in whose functional area the offence is alleged to have been committed or where the local authority concerned has entered into an agreement with another local authority under section 7 by that other authority.”.