Road Traffic Act 2010
|
Payment of fixed charge on service of summons. |
44.— (1) A person who is served with a summons in respect of a fixed charge offence may pay a fixed charge of an amount as stated in the fixed charge notice served with the summons on the person in respect of the fixed charge offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the fixed charge in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons. | |
(2) A fixed charge notice served under subsection (1) may be served by the Courts Service. | ||
(3) The fixed charge amount stated in the notice served with a summons on the person under subsection (1) shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 35 , in respect of the fixed charge offence. | ||
(4) A payment under subsection (1)— | ||
(a) may be received only within the period referred to in subsection (1) and in accordance with the fixed charge notice, and | ||
(b) is not recoverable by the persons paying it. | ||
(5) The person receiving a payment under subsection (1) may issue a receipt for it. | ||
(6) Any sums received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs. | ||
(7) Where a person is served with a summons in respect of a fixed charge offence, evidence given by the person that he or she was not served with a fixed charge notice in accordance with section 35 in respect of the alleged offence is not a defence to the alleged offence. | ||
(8) In this section “summons” means a summons issued under— | ||
(a) section 10 of the Petty Sessions (Ireland) Act 1851 , or | ||
(b) the Courts (No. 3) Act 1986 . |