Road Traffic Act 2010

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Amendment of section 5 of Act of 2006 — fixed disqualification notice.

32.— (1) Section 5 of the Act of 2006 is amended by substituting—

(a) for subsections (2) and (3) the following:

“(2) A person is not eligible to be served with a fixed penalty notice if he or she does not hold a driving licence for the time being in force or is disqualified for holding a driving licence, at the time of the commission of the alleged offence.

(3) A person who has been served with a fixed disqualification notice and has paid the fixed charge is not eligible to be served with another such notice within the period of 3 years from the date of commencement of the disqualification following payment of the fixed charge in accordance with the notice.”,

and

(b) for subsection (7) the following:

“(7) A fixed disqualification notice—

(a) shall be in the prescribed form,

(b) shall contain details of the manner of payment of a fixed charge, and

(c) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.

(7A) A fixed disqualification notice shall contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed the offence specified in the notice,

(b) the concentration of alcohol purported to be present in his or her body is as stated or certified in accordance with Part 3 of the Act of 1994,

(c) the person is not eligible to pay the fixed charge if he or she is ineligible under this section to be served with a fixed disqualification notice,

(d) the person may, if he or she is eligible under this section to be served with a fixed disqualification notice, during a period of 28 days beginning on the day stated on the notice, pay to a member of the Garda Síochána at a specified Garda station or another specified place the fixed charge accompanied by the notice, duly completed,

(e) where a payment of the fixed charge is made within the period specified in paragraph (d), the person shall be disqualified for holding a driving licence for the period referred to in subsection (5), and

(f) unless the person is not eligible under this section to pay the fixed charge, a prosecution in respect of the alleged offence will not be initiated during the period specified in paragraph (d) or, if payment of the fixed charge accompanied by the notice, duly completed, is made during that period, at all.”.

(2) Section 5 of the Act of 2006 and this section stand repealed on the commencement of section 29 .

(3) The repeal of section 5 of the Act of 2006 by subsection (2) does not effect the service under that section of a fixed disqualification notice on a person after its repeal.