Provisions applying to certain offences relating to vehicles.
3
[3.—(1) (a) This section applies to such of the offences specified
in paragraph (b) as may be declared by the
Minister by regulations made after consultation
with the Minister for Justice, Equality and Law
Reform to be fixed charge offences and an
offence standing so declared is referred to in this
section as a fixed charge offence.
(b) The offences referred to in paragraph (a) of this
section are:
(i) an offence under the Road Traffic Acts, 1961
to 2002, relating to the prohibition or
restriction of the stopping or parking of
mechanically propelled vehicles,
[(ii)
the offence under section 11 of the Principal Act of contravening Regulation
6 (requirement to display valid test disc on windscreen) of the Road Traffic (National
Car Test) Regulations 2003 (S.I. No. 405 of 2003),
]
(iii) an offence under section 73 of the Finance
Act, 1976,
(iv) the offence under section 13 of the Roads
Act, 1920, of using a vehicle for which a
licence under the Finance (Excise Duties)
(Vehicles) Act, 1952, is not in force,
(v) the offence under regulations under the
Roads Act, 1920, of not fixing to and exhibiting
on a vehicle in the manner prescribed
by those regulations of a licence in respect
of the vehicle for the time being in force
taken out under the Finance (Excise
Duties) (Vehicles) Act, 1952.
(2) Where a traffic warden has reasonable grounds for believing that a fixed charge
offence is being or has been committed by a person—
(a) if the warden identifies the person, the warden shall serve, or cause to be served,
personally or by post, on the person a notice under this section,
(b) if the warden does not identify the person and the offence involves the use of
a mechanically propelled vehicle, the warden shall serve, or cause to be served, personally
or by post, on the registered owner of the vehicle a notice under this section or
shall affix such a notice to the vehicle.
(3) Where—
(a) a notice under this section is served on the registered
owner of a mechanically propelled vehicle or affixed
to such a vehicle, and
[(b) the registered owner of the vehicle—
(i) being an individual was not driving or otherwise using the vehicle, or
(ii) being a body corporate or an unincorporated body of persons was not capable of
driving or otherwise using the vehicle,
at the time of the commission of the alleged offence to which the notice relates,]
the registered owner shall—
(i) not later than 28 days after the date of the notice give
or send to a traffic warden at a place specified in the
notice a document in the prescribed form signed by
the registered owner and stating the name and
address of the person who was driving or otherwise
using the vehicle at the time of such commission, and
(ii) give or send to a traffic warden within such period as may be specified by
the warden at the place aforesaid such other information within his or
her knowledge or procurement as the warden may reasonably request
for the purpose of identifying, and establishing the whereabouts of the
person referred to in subparagraph (i) of this paragraph.
(4) Where a document referred to in subsection (3) of this
section containing the name and address of the person who was
driving or otherwise using the vehicle concerned at the time of
the commission of the alleged offence concerned is given or sent
to a traffic warden employed by a local authority, the authority
shall, not later than 28 days thereafter, cause a notice under this
section to be served, personally or by post, on the person.
(5) A notice under this section shall be in the prescribed
form.
[(5A) (a) A notice under this section in the prescribed form may contain details of the manner
of payment of a fixed charge.
(b) Notwithstanding the requirements of subsections (6), (7) and (8) of this section
requiring that the payment of a fixed charge be accompanied by the notice served or
affixed, as the case may be, the notice in the [prescribed form] may contain details of the manner of payment of the fixed charge [with or without] the payment being accompanied by the notice.]
(6) If a notice is served pursuant to subsection (2)(a) or (4)
of this section, it shall, without prejudice to subsection (5) of
this section, contain a statement to the effect that—
(a) the person on whom it is served is alleged to have committed
an offence specified in the notice,
(b) the person may, during the period of 28 days beginning
on the date of the notice, make to the local authority
specified in the notice at a place so specified a payment
of a fixed charge of a prescribed amount
accompanied by the notice, duly completed,
(c) if the person does not make the payment specified in
paragraph (b) of this subsection during the period so
specified accompanied by the notice, duly completed,
the person may, during the period of 28 days
beginning on the expiration of that period, make to
the local authority aforesaid at the place aforesaid a
payment of a fixed charge of an amount 50 per cent.
greater than the prescribed amount referred to in
paragraph (b) of this subsection accompanied by the
notice, duly completed, and
(d) a prosecution in respect of the alleged offence will not
be instituted during the periods specified in the
notice or, if a payment so specified accompanied by
the notice, duly completed, is made during the
appropriate period so specified in relation to the
payment, at all.
(7) If a notice is served or affixed to a mechanically propelled
vehicle pursuant to subsection (2)(b) of this section, it shall,
without prejudice to the generality of subsection (5) of this
section, contain a statement to the effect that—
(a) an offence specified in the notice is alleged to have
been committed,
(b) a person liable to be prosecuted for the offence may,
during the period of 28 days beginning on the date
of the notice, make to a local authority specified in
the notice at the place so specified a payment of a
fixed charge of a prescribed amount accompanied by
the notice, duly completed,
(c) if a person such as aforesaid does not make the payment
specified in paragraph (b) of this subsection
during the period so specified accompanied by the
notice, duly completed, the person may, during the
period of 28 days beginning on the expiration of the
period specified in that subparagraph, make to the
local authority aforesaid at the place aforesaid a payment
of a fixed charge of an amount 50 per cent.
greater than the prescribed amount referred to in
paragraph (b) of this subsection accompanied by the
notice, duly completed,
(d) if the registered owner of the vehicle concerned was
not driving or otherwise using the vehicle at the time
of the commission of the alleged offence concerned,
he or she is required by subsection (3) of this
section—
(i) not later than 28 days after the date of the notice
to give or send to the local authority specified
in the notice at the place so specified a document
in the prescribed form signed by the registered
owner and stating the name and address
of the person who was driving or otherwise
using the vehicle at the time of such commission,
and
(ii) to give or send to the authority aforesaid at the
place aforesaid within such period as may be
specified by the authority such other information
within his or her knowledge or procurement
as the authority may reasonably request
for the purpose of identifying, and establishing
the whereabouts, of the person referred to in
subparagraph (i) of this paragraph,
(e) a prosecution in respect of the alleged offence will not
be initiated during the periods specified in the notice
pursuant to paragraphs (b) and (c) of this subsection
or, if a payment specified in the notice accompanied
by the notice, duly completed, is made during the
appropriate period so specified in relation to the
payment, at all,
(f) if a payment aforesaid accompanied by the notice, duly
completed, is made during the appropriate period
aforesaid, the registered owner need not comply with
subsection (3) of this section,
(g) if the registered owner complies with the said subsection
(3), a payment aforesaid need not be made by
the registered owner and a prosecution of him or her
in respect of the alleged offence will not be initiated,
and
[(h)
subject to paragraph (f), failure to comply with subsection (3) is an offence upon conviction of which the
registered owner is liable to a fine not exceeding €1,000.]
[(7A) The payment of a fixed charge shall not be accepted after the expiration of the
period of 56 days beginning on the date of the notice concerned that was served or
affixed under subsection (2) or served under subsection (4) of this section, as the
case may be,]
(8) Where a notice is served or affixed under subsection (2)
of this section or served under subsection (4) of this section—
(a) a person or the person to whom the notice applies may,
during the period specified in the notice, make to the
local authority so specified at the place so specified
a payment so specified at the appropriate time so
specified in relation to the payment accompanied by
the notice, duly completed,
(b) the local authority may receive the payment, issue a
receipt therefor and retain it for disposal in accordance
with regulations under this Act and no payment
so received shall […] be recoverable
by the person who made it,
(c) a prosecution in respect of the alleged offence to which
the notice relates shall not be instituted during the
periods specified in the notice or, if a payment so
specified accompanied by the notice, duly completed,
is made during the period so specified in
relation to the payment, at all,
(d) in case the notice is served or affixed pursuant to paragraph
(b) of the said subsection (2) and a payment
aforesaid accompanied by the notice, duly completed,
is so made, the registered owner need not
comply with subsection (3) of this section, and
(e) if the registered owner complies with the said subsection
(3), the payment aforesaid need not be made by
the registered owner and a prosecution of him or her
in respect of the offence shall not be initiated.
[(9) In a prosecution for a fixed charge offence it shall be presumed until the contrary
is shown that—
(a) the relevant notice under this section has been [served or affixed] or caused to be served, and
(b) that a payment pursuant to the relevant notice under this section, accompanied by
the notice, duly completed (unless the notice provides for payment without the notice
accompanying the payment) has not been made.]
(10) Where, in a case to which subsection (2)(b) of this
section applies, the registered owner of the mechanically propelled
vehicle concerned does not furnish in accordance with
subsection (3) of this section the information specified in paragraph
(i) of that subsection, then, in a prosecution of that owner
for the alleged offence to which the notice under the said subsection
(2)(b) relates, it shall be presumed, until the contrary is
shown, that he or she was driving or otherwise using the vehicle
at the time of the commission of the alleged offence.
(11) A notice which is affixed to a mechanically propelled
vehicle under subsection (2) of this section shall not be removed
or interfered with except by a person to whom the notice
applies.
(12) A person who contravenes subsection (3) of this section
shall, subject to subsection (8)(d) of this section, be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding [€1,000], and a person who contravenes subsection (11)
of this section shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding [€1,000].
(13) It shall be a defence for a person charged with an offence
under subsection (12) of this section consisting of a contravention
of subsection (3) of this section for the person to show
that the information concerned was not within his or her knowledge
or procurement and that he or she had taken all reasonable
steps to obtain the information.
(14) In a prosecution for an offence under subsection (12) of
this section consisting of a contravention of subsection (3) of
this section, it shall be presumed, until the contrary is shown,
that the accused person received the notice under this section to
which the offence relates.
(15) In a prosecution of a person for—
(a) the alleged offence to which a notice under this section,
served on the registered owner of a mechanically
propelled vehicle, relates, or
(b) an offence under subsection (16) of this section,
a document, purporting to be a document under subsection (3)
of this section 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 referred to in paragraph (a)
of this subsection and to be signed by that registered owner,
given or sent under paragraph (i) of that subsection by that
owner to a traffic warden shall, until the contrary is shown, be
deemed to be such a document and to be so signed and, in case
the prosecution is for the offence referred to in paragraph (a)
of this subsection, shall be admissible, until the contrary is
shown, as evidence of the facts stated in it.
(16) A person who, pursuant to subsection (3) of this section,
gives or sends to a traffic warden information (whether or not
contained in a document) that is, to his or her knowledge, false
or misleading [is guilty of an offence and is liable on summary conviction to a fine not exceeding
€1,000].
(17) Notwithstanding the provisions of section 10(4) of the
Petty Sessions (Ireland) Act, 1851, summary proceedings for an
offence under subsection (12) of this section consisting of a contravention
of subsection (3) of this section may be brought at
any time within 2 years from the date on which the offence was
committed.
[(17A)
Regulations prescribing the amount of a fixed charge may prescribe different
amounts in relation to—
(a)
different fixed charge offences,
(b)
fixed charge offences involving different classes of vehicles, or
(c)
fixed charge offences committed in different areas.
]
(18) In this section, references to a notice under this section,
duly completed, are references to such a notice on which the
number, the date of the grant, and the period of validity, of the
driving licence of the person to whom the notice relates [as required in the notice] have
been inserted by or on behalf of the person.]
Annotations:
Amendments:
F4
Substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.
F5
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(a), S.I. No. 384 of 2006.
F6
Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(a), S.I. No. 26 of 2005.
F7
Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(b), S.I. No. 26 of 2005.
F8
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(b)(i), S.I. No. 384 of 2006.
F9
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(b)(ii), S.I. No. 384 of 2006.
F10
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(c), S.I. No. 384 of 2006 .
F11
Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(d), S.I. No. 26 of 2005.
F12
Deleted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(d), S.I. No. 384 of 2006.
F13
Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(e), S.I. No. 26 of 2005.
F14
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(e), S.I. No. 384 of 2006.
F15
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(f), S.I. No. 384 of 2006.
F16
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(f), S.I. No. 384 of 2006.
F17
Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(g), S.I. No. 384 of 2006.
F18
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), subs. 15(3)(h), S.I. No. 384 of 2006.
F19
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(i), S.I. No. 384 of 2006.
F20
Substituted by Road Traffic Act 2010 (25/2010), s. 46, not commenced as of date of revision.
Modifications (not altering
text):
C4
Prospective amending provision: subs. (2) substituted by Road Traffic Act 2010 (25/2010),
s. 46, not commenced as of date of revision.
Provisions applying to certain offences relating to vehicles.
3.—...
[(2)
Where a traffic warden has reasonable grounds for believing that a fixed charge offence
is being or has been committed by a person—
(a)
if the warden identifies the person, the warden may serve, or cause to be served,
personally or by post, on the person a notice under this section, or
(b)
if the warden does not identify the person and the offence involves the use of a mechanically
propelled vehicle, the warden may—
(i)
serve, or cause to be served, personally or by post, on the registered owner of the
vehicle a notice under this section, or
(ii)
affix such a notice to the vehicle.
(2A)
A prosecution in respect of a fixed charge offence shall not be instituted unless
a notice under this section in respect of the alleged offence has been served on the
person concerned under this section and the person fails to pay the fixed charge in
accordance with the notice.]
...
C5
Application of section affected by Road Traffic Act 2010 (25/2010), s. 45, not commenced as of date of revision.
Offence by body corporate
45.— Where an offence under section 38, 39 or 40 (2) (in respect of contravention of section
37 (1)(e) of this Act) or section 3(7)(h) (inserted by section 23(c) of the Act of
2004) of the Act of 1975 is committed by a body corporate or by a person purporting
to act on behalf of a body corporate or on behalf of an unincorporated body of persons
and it is proved to have been so committed with the consent or connivance of or to
be attributable to any wilful neglect on the part of any other person who, when the
offence was committed, was, or purported to act as, a director, manager, secretary
or other officer (including a member of any committee of management or other controlling
authority) of such body, such other person as well as the body, or the person so purporting
to act on behalf of the body, commits an offence and is liable to be proceeded against
and punished as if he or she committed the first-mentioned offence.
C6
Application of section extended (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 19, S.I. No. 26 of 2005. Pending commencement of the repeal of this
provision by Road Traffic Act 2010 (25/2010), s. 49(c), not commenced as of date of revision, this provision remains
in effect.
19.—(1) For the purposes of subsection (11) of section 103 (inserted by section 11 of
the Act of 2002) of the Principal Act and subsection (10) of section 3 (inserted by
section 12 of the Act of 2002) of the Act of 1975 where the registered owner of the
mechanically propelled vehicle concerned does not furnish the information specified
in either of those subsections and the owner is not an individual, then—...
(d) where the vehicle was the subject of a hire-purchase agreement or a letting agreement
at the time of the commission of the alleged offence—
(i) the individual who was in possession of the vehicle under the agreement, or
(ii) where the person who was in possession of the vehicle under the agreement is
not an individual, the individual who made the agreement with the owner for possession
of the vehicle under the agreement,
is deemed to have been driving or otherwise using the vehicle at the time of the alleged
offence.
(2) For the purposes of subsection (1)—...
(b) in relation to section 3(10) of the Act of 1975, a traffic warden
shall, at all reasonable times, have access to and may inspect and examine—
(i) the register maintained under section 131 of the Finance Act 1992 or article 22
of the Regulations of 1992,
(ii) records maintained under section 60 (as amended by section 86 of the Finance
Act 1994) of the Finance Act 1993, or
(iii) any documents in the possession of the registered owner relating to the vehicle
concerned,
and may require such information (including information of the identity of any driver
of the vehicle concerned) of the registered owner concerned or a person in his or
her employment as the member or warden considers necessary.
(3) A person who, without reasonable excuse, fails to provide a member of the Garda
Síochána or a traffic warden with a relevant document referred to in subsection (2)(iii)
or such information as may be relevant for the purposes of this section or who provides
information which is false or misleading is guilty of an offence and is liable on
summary conviction to a fine not exceeding €3,000.
C7
Application of section extended (18.08.1976) by Finance Act 1976, ss. 73 and 74(3), S.I. No. 185 of 1976.
Licences to be fixed to and exhibited on vehicles.
73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at
any time in a public place, if while the vehicle is being so used, parked or kept
there is not fixed to and exhibited on the vehicle in accordance with section 5 (5)
of the Act of 1920 a licence which is both issued in respect of the vehicle and is
for the time being in force, then the person by whom the vehicle is so used, parked
or kept at the time shall be guilty of an offence, and in addition to the person aforesaid,
the person (if he is not the person aforesaid) who on the day on which the offence
is committed is in relation to the vehicle the relevant person shall also be guilty
of an offence.
...
Provisions supplementary to section 73.
74.— ...
(3) Section 3 of the Local Authorities (Traffic Wardens) Act 1975, shall apply to
an offence under section 73 of this Act and the said section 3 shall be construed
and shall have effect in accordance with the foregoing.
Editorial Notes:
E4
Power pursuant to section exercised (15.07.2010) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge offences) (Prescribed Notice
and Document) Regulations 2009 (S.I. No. 359 of 2010).
E5
Power pursuant to section exercised (3.04.2006) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006); subsequently amended (15.07.2010) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge offences) (Prescribed Notice
and Document) Regulations 2009 (S.I. No. 359 of 2010), reg. 2 and sch.
E6
Power pursuant to subs. (8) exercised (12.07.1995) by Local Authorities (Traffic Wardens) Act 1975 (Disposal of Moneys) (Amendment) Regulations
1995 (S.I. No. 185 of 1995).
E7
Power pursuant to subs. (8) exercised (14.11.1975) by Local Authorities (Traffic Wardens) Act 1975 (Disposal of Moneys) Regulations 1975 ( S.I. No. 262 of 1975).
E8
Previous affecting provision: subs. 7(h) substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), subs. 23(c), S.I. No. 26 of 2005, superseded as per F-note above.
E9
Previous affecting provision: power pursuant to section exercised (1.10.1997) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1997 (S.I. No. 395 of 1997); subsequently revoked (3.04.2006) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006), reg. 8.
E10
Previous affecting provision: power pursuant to section exercised (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), subsequently revoked (1.10.1997) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1997 (S.I. No. 395 of 1997), reg. 7.
E11
Previous affecting provision: words “Road Traffic Acts 1961 to 1984” construed (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(2), S.I. No. 222 of 1994.
Provision substituted as per F-note above.
E12
Previous affecting provision: power pursuant to section exercised (30.01.1990) by
Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations
1990 (S.I. No. 22 of 1990); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
E13
Previous affecting provision: section amended (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 12(b), commenced as per s. 15(5). Section substituted as per F-note
above.
E14
Previous affecting provision: power pursuant to section exercised (1.01.1987) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations
1986 (S.I. No. 444 of 1986); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
E15
Previous amending provision: subss. (2) to (4) substituted by Dublin Transport Authority Act 1986 (15/1986), s. 15(5), not commenced and superseded as per F -note above.
E16
Previous affecting provision: power pursuant to section exercised (2.09.1985) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations 1985 (S.I. No. 256 of 1985); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
E17
Previous affecting provision: power pursuant to section exercised (10.08.1979) by
Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations
1976 (S.I. No. 187 of 1976); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
E18
Previous affecting provision: power pursuant to section exercised (20.06.1979) by
Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations
1979 (S.I. No. 168 of 1979); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
E19
Previous affecting provision: power pursuant to section exercised (14.11.1975) by
Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1975 (S.I. No. 261 of 1975); subsequently revoked (1.06.1995) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1995 (S.I. No. 88 of 1995), reg. 6 and sch. 2.
