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S.I. No. 444/2006 - Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone While Driving) Regulations 2006

S.I. No. 444 of 2006

Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone while Driving) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by sections 5 and 103 (inserted by section 11 of the Road Traffic Act 2002 (No. 12 of 2002) and as amended by section 14 of the Road Traffic Act 2006 (No. 23 of 2006)) 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 an offence to be a fixed charge offence, hereby make the following regulations:

1.        These Regulations may be cited as the Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone while Driving) Regulations 2006.

2.        These Regulations come into operation on 1 September 2006.

3.        In these Regulations “Act of 2006” means Road Traffic Act 2006 (No. 23 of 2006).

4.        An offence under section 3(3) of the Act of 2006 is declared to be a fixed charge offence.

5.        A fixed charge of €60 is prescribed in relation to an offence under section 3(3) of the Act of 2006.

6.        Schedule 3 to the Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S. I. No. 135 of 2006) is amended, in Part 2, by substituting in the first column “33(1)(c)” for “33(1)(b)”.

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GIVEN under my Official Seal,

14 August 2006.

Martin Cullen

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Minister for Transport.

EXPLANATORY NOTE

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

These Regulations (operative from 1 September 2006) declare the offence (holding a mobile phone while driving a mechanically propelled vehicle) under section 3(3) of the Road Traffic Act 2006 to be a fixed charge offence for the purposes of section 103 of the Road Traffic Act 1961 and prescribe the amount of €60 as the fixed charge for this offence.