Railway Safety Act 2005
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Fixed payment notice. |
133.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 22 (4), 22A(2) or 59 (1) of the Transport Act 1950 , section 25 (1) of the Transport (Miscellaneous Provisions) Act 1971 , or section 118 or 132 , he or she may serve the person with a notice (“fixed payment notice”) in the prescribed form stating that— | |
(a) the person is alleged to have committed the offence, | ||
(b) the person may during the period of 21 days beginning on the date of the notice make to the railway undertaking concerned at the address specified in the notice a payment of €100, or in lieu of that amount such other amount standing specified for the time being in regulations, accompanied by the notice, and | ||
(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where a fixed payment notice is given under subsection (1)— | ||
(a) a person to whom the notice applies may, during the period specified in the notice, make to the railway undertaking concerned at the address specified in the notice the payment specified in the notice accompanied by the notice, | ||
(b) the railway undertaking concerned may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and | ||
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence under this Act the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant. | ||
(4) A railway undertaking may appoint such and so many persons as it considers necessary to be authorised officers for the purpose of subsection (1) generally or for specified purposes. | ||
(5) In this section— | ||
“authorised officer” includes in relation to an offence under section 22 (4), 22A(2) or 59 (1) of the Transport Act 1950 , section 25 (1) of the Transport (Miscellaneous Provisions) Act 1971 or section 118 or 132 and in relation to railway property belonging to or under the control of Corás Iompair Éireann, an authorised officer appointed under section 22A (inserted by section 129 ) of the Transport Act 1950 ; | ||
“prescribed” means prescribed by regulations made by the Minister. |