S.I. No. 135/2006 - Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006

S.I. No. 135 of 2006

Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 5 and section 103 (as amended by section 18 of the Road Traffic Act 2004 (No. 44 of 2004)) 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 in relation to declaring offences to be fixed charge offences, hereby make the following regulations:

1.      These Regulations may be cited as the Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006.

2.      These Regulations come into operation on 3 April 2006.

3.      In these Regulations -

“Act of 1968” means Road Traffic Act 1968 (No. 25 of 1968);

“Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994);

“Act of 2004” means Road Traffic Act 2004 (No. 44 of 2004)

“light rail vehicle” has the meaning assigned to it by section 2(1) of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

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

“vehicle” means mechanically propelled vehicle.

4.      The offences under the Road Traffic Acts 1961 to 2005 mentioned in Regulation 5 and Schedules 1 to 4 are declared to be fixed charge offences in so far as they relate to mechanically propelled vehicles.

5.      The amount in relation to a fixed charge is -

(a)      €80, in respect of an offence under -

(i)      a provision of the Principal Act mentioned in Part 1, and

(ii)     section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2,

of Schedule 1,

(b)      €60, in respect of an offence under -

(i)      section 11 of the Principal Act, for a contravention of a provision of the Regulations mentioned in Part 1 of Schedule 2,

(ii)     section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2 of Schedule 2, and

(iii)    section 73 (requiring a licence to be fixed to and exhibited on a vehicle) of the Finance Act 1976 ,

and

(c)      €40, in respect of an offence under -

(i)      a provision of the Principal Act mentioned in Part 1, and

(ii)      section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2,

of Schedule 3.

6.      The form of notice set out in Schedule 4 at A is prescribed as the form of notice for the purposes of section 103 of the Principal Act.

7.      The form of document set out in Schedule 4 at B is prescribed as the form of document for the purposes of section 103(4)(i) of the Principal Act.

8.      The following are revoked:

(a)      the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 ( S.I. No. 12 of 1999 ),

(b)      the Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 ( S.I. No. 492 of 2002 ), and

(c)      the Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003 ( S.I. No. 322 of 2003 ).

Schedule 1

€80 fixed charge

Part 1

Offences under Road Traffic Act 1961

Part 2

Offence under section 35(5) of Road Traffic Act 1994

Schedule 2

€60 fixed charge

Part 1

Offence under section 11(4) of Road Traffic Act 1961

Part 2

Offence under section 35(5) of Road Traffic Act 1994

Schedule 3

€40 fixed charge

Part 1

Offences under Road Traffic Act 1961

Part 2

Offence under section 35(5) of the Road Traffic Act 1994

Schedule 4

Fixed Charge Offence

A

Notice under section 103(6) (inserted by s. 11(1) of the Road Traffic Act 2002 and as amended by s. 18 of the Road Traffic Act 2004 ) of the Road Traffic Act 1961

Date___________(insert date)

(insert name).............................................................

(insert address)..........................................................

.............................................................

Alleged Offence

It is alleged that [you have committed an offence]^* [an offence has been committed]^* (specify offence), including speed and speed zone - if speeding offence) involving the driving or use of a mechanically propelled vehicle bearing identification mark ____________ in a public place at ______________________________ (insert location) at _______ (insert time) on _______________ (insert date).

Payment of Fixed Charge

1.      In respect of the offence alleged in this notice -

(a)      you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of € (insert amount)_____, or

(b)      if you do not pay that fixed charge during that period, you may, beginning on the expiration of that period, during the further period of 28 days, pay a fixed charge of € (insert amount)____.

2.      A payment of a fixed charge under this notice must be accompanied by all of this notice[, fully completed,]^* [if payment is made in person or by post, or by quoting the reference number mentioned on it, if payment is allowed otherwise below,]^* and in the manner stated below.

3.      You will not be prosecuted -

(a)      during the period of 56 days from the date of this notice, or

(b)      at all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.

4.¹      (1)     If you pay in accordance with this notice the correct amount of the fixed charge (insert number) penalty points will be endorsed on the entry in the driving or provisional licence record relating to you.

(2)      If you do not so pay the fixed charge and you are convicted of the alleged offence (insert number) penalty points will be endorsed on that entry.

NOTE²

Complete the section below if you are paying the fixed charge. Do not detach it from this notice.

Declaration Section

(This section only applies if you are paying the fixed charge referred to in this notice. If so, you must sign the declaration below and give details of your driving/provisional licence, otherwise your payment will not be accepted.)

I am aware of the contents of this notice, have filled out the details below from my licence and submit with this notice payment of € __________.

Manner of Payment:

(insert manner of payment and where payment is to be made)

Registered owner not driving the vehicle at time of alleged offence³

5.      (1)      If you were not driving or otherwise using the vehicle referred to in this notice at the time of the commission of the alleged offence you must, as required by section 103 (4) of the Road Traffic Act 1961 -

(a)      not later than 28 days after the date of this notice give or send the document attached below to this notice, signed by you stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence to a member of the Garda Síochána or a traffic warden at the Garda station or place mentioned in the document, and

(b)      give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within your knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person who was then driving or otherwise using the vehicle.

(2)      If a payment referred to in paragraph 1 of this notice accompanied by this notice, duly completed, is made during the appropriate period referred to in that paragraph you need not comply with the requirement in subparagraph (1) above.

(3)      If you comply with subparagraph (1) above you don't need to make a payment referred to in paragraph 1 of this notice, and a prosecution in respect of the alleged offence will not be initiated against you.

(4)      Other than in the circumstances referred to in subparagraph (3) above, failure by you to comply with subparagraph (1) (being a failure to comply with section 103(4) of the Road Traffic Act 1961 ) is an offence upon summary conviction of which you are liable to a fine not exceeding €800.

B

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

STATEMENT OF NOMINATION OF NAME AND ADDRESS OF DRIVER OF VEHICLE

I was not, or being a body corporate or an unincorporated body of persons was not capable of, driving or otherwise using the vehicle mentioned in the notice in this form at the time of the commission of the offence alleged in the notice. I state that -

and, if known, his or her -

Date of birth: ___/___/____

Driving/Provisional Licence Number: ____________________________

was driving or otherwise using the vehicle at the time of the commission of the alleged offence.

This statement together with the above notice must be given or sent to the Garda Síochána, at____________, not later than 28 days after the date of the above notice.

EXPLANATORY NOTE

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

These Regulations (operative from 3 April 2006) declare which offences involving the driving or use of mechanically propelled vehicles are fixed charge offences for the purposes of section 103 of the Road Traffic Act 1961 , determine the amount of fixed charge for each offence and prescribe the form of notice and document to be used in the enforcement of these fixed charge offences and, where applicable, the penalty point system, in relation to those offences.

^* delete as appropriate

^* delete as appropriate

^* delete as appropriate

^* delete as appropriate

¹ omit this paragraph for non-penalty point offences.

² omit note and declaration section for non-penalty point offences

³ omit, unless notice is served or affixed under s. 103 (2)(b) of Principal Act