STATUTORY INSTRUMENTS

S.I. NO. 492 OF 2002

Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002

Dublin

Published by the Stationery Office

S.I. No. 492 of 2002

Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 5 and section 103 (inserted by section 11 of the Road Traffic Act 2002 ( No. 24 of 1961 ), section 74 of the Finance Act 1976 ( No. 16 of 1976 ), 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, hereby make the following regulations:

1.         (1)        These Regulations may be cited as the Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002.

(2)        The Regulations of 1999 and these Regulations may be cited as the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 and 2002 and shall be construed as one.

(3)        These Regulations come into operation on the 31^st day of October 2002.

2.         In these Regulations -

“Principal Act” means the Road Traffic Act 1961 ;

“Regulations of 1999” means the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 ( S.I. No. 12 of 1999 ).

3.         An offence under section 47 of the Principal Act (as amended by section 26 of the Road Traffic Act 1968 ( No. 25 of 1968 ) and section 34 of the Road Traffic Act 1994 ( No. 7 of 1994 )) is declared to be a fixed charge offence.

4.         € 80 is prescribed for the purposes of subsections (7)(b) and (8)(b) of section 103 (as inserted by section 11 of the Road Traffic Act 2002 ( No. 12 of 2002 )) of the Principal Act.

5.         (1)        The form of document set out in Part 1 of the Schedule to these Regulations or a form substantially to the like effect is prescribed for the purposes of subsection (4)(i) of the said section 103.

(2)        The form of notice set out in Part 2 of the said Schedule or a form substantially to the like effect is prescribed for the purposes of subsection (6) of the said section 103 where the notice is served pursuant to subsection (2)(a) or (5) of the said section 103.

(3)        The form of notice set out in Part 3 of the said Schedule or a form substantially to the like effect is prescribed for the purposes of the said subsection (6) where the notice is served pursuant to subsection (2)(b) of the said section 103.

6.         Articles 3(9), 4 (in so far as it relates to Form 2 in the First Schedule to the Regulations of 1999) and 5(d) of the Regulations of 1999 and the said Form 2 are revoked.

A

SCHEDULE

Part 1

FORM OF DOCUMENT FOR THE PURPOSES OF SECTION 103(4)(i) OF THE ROAD TRAFFIC ACT 1961 .

Garda Siochána

I am the registered owner of a mechanically propelled vehicle (“the vehicle”) whose

identification mark is ____ ____.

1.          A notice (serial number_____ ____) dated the ____ day of ____, 20 ____ under section

103 of the Road Traffic Act 1961 , alleging the commission of an offence under section 47 of

the Road Traffic Act 1961 by the driver of the vehicle at ____ (time) on the ____ (date) at

______ (location) was served on me.

2.          I was not driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

3.          ______ (name) of ____ (address), driver number^* (____) was driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

SIGNATURE OF REGISTERED OWNER: ____________________________________

ADRESS OF REGISTERED OWNER:    _____________________________________

DATE: ____________________________

__________________________________________________________________________

1.          You are required to complete and sign this document and give or send it to a member of the Garda Síochána at ____ (insert name and address of Garda Siochána station or specify another location) not later than 28 days after the date of the notice specified in paragraph 1 Failure to do so is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

2.          It is an offence to give false or misleading information in this document and, if you are convicted of it, you are liable to a fine not exceeding €800. If the offence is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both.

3.          This document is admissible as evidence of the facts stated in it in a prosecution under the said section 47.

Part 2

Garda Siochána

FORM OF NOTICE FOR THE PURPOSES OF SUBSECTION (6) OF SECTION 103 OF THE ROAD TRAFFIC ACT 1961 IN RELATION TO SPEEDING OFFENCES, WHERE THE NOTICE IS SERVED PURSUANT TO SUBSECTION (2)(a) OR (5) OF THAT SECTION.

GARDA NO: __________ SIGNATURE OF GARDA ____________ DATE ___________

IDENTIFICATION MARK OF VEHICLE ______________________________________

1.        TO:          NAME

                 ADDRESS

                 DRIVER NUMBER^*

2.        It is alleged that you have committed an offence under section 47 of the Road Traffic Act 1961 (“the offence”) by driving a mechanically propelled vehicle bearing the above identification mark at a speed of ____ (insert speed of vehicle) at _____ (insert location) where a speed limit of ____ (insert speed) was in force at ____ (insert time) on _____ (insert date).

3.       PAYMENT OF FIXED CHARGE

(1)          You may, during the period of 28 days beginning on the date of this Notice pay to a member of the Garda Siochána at ___________________ (insert name and address of Garda Siochána station or specify another location) the fixed charge of €80 accompanied by this Notice, duly completed.

(2)          If you do not make the payment specified in subparagraph (1), you may, during the period of 28 days beginning on the expiration of the period specified in that subparagraph, pay to a member of the Garda Siochána at the Garda Siochána station or other location specified in subparagraph (1) the fixed charge of € 120 (being 50 per cent greater than the amount specified in that subparagraph) accompanied by this Notice, duly completed.

(3)          A prosecution in respect of the offence will not be instituted -

(a)        during the period of 56 days beginning on the date of this Notice, or

(b)        if a payment specified in subparagraph (1) or (2) accompanied by this Notice, duly completed, is made during the appropriate period so specified in relation to the payment, at all.

4.       PENALTY POINTS

(1)        If you pay a fixed charge pursuant to paragraph 3, 2 PENALTY POINTS will be endorsed on your entry in the licence record.

(2)        If you are convicted of the offence, 4 PENALTY POINTS will be endorsed on your entry in the licence record unless the court disqualifies you under section 27 of the Road Traffic Act 1961 and, in either case, you are liable to a fine not exceeding €800^** .

5.       PAYMENT OF FIXED CHARGE

I am aware of the contents of this Notice and herewith submit payment of the fixed charge of € ____ specified in subparagraph (1) subparagraph (2) (delete as appropriate) of paragraph 3.

DRIVER NUMBER^* : _____________________________________________________

SIGNATURE: ___________________________________________________________

ADDRESS: _____________________________________________________________

DATE: _____________________

1.        Payment of a fixed charge will be accepted only if it is accompanied by this Notice duly completed.

2.        Refund of a fixed charge paid pursuant to this Notice will not be made in any circumstances.

Part 3

Garda Siochána

FORM OF NOTICE FOR THE PURPOSES OF SUBSECTION (6) OF SECTION 103 OF THE ROAD TRAFFIC ACT 1961 IN RELATION TO SPEEDING OFFENCES, WHERE THE NOTICE IS SERVED PURSUANT TO SUBSECTION (2)(b) OF THAT SECTION.

GARDA NO: ____________ SIGNATURE OF GARDA ___________ DATE __________

IDENTIFICATION MARK OF VEHICLE _________________

1.           TO:        NAME

                ADDRESS

2.           It is alleged that an offence under section 47 of the Road Traffic Act 1961 (“the offence”) has been committed by driving a mechanically propelled vehicle bearing the above identification mark and of which you are the registered owner at a speed of ____ (insert speed of vehicle) at ____ (insert location) where a speed limit of ____ (insert speed) was in force, at ____ (insert time) on ____ (insert date).

3.           PAYMENT OF FIXED CHARGE

(1)        The driver of the above vehicle (“the driver”) may, during the period of 28 days beginning on the date of this Notice, pay to a member of the Garda Siochána at _________________ (insert name and address of Garda Siochána station or specify another location) the fixed charge of € 80 accompanied by this Notice, duly completed.

(2)        If the driver does not make the payment specified in subparagraph (1), the driver may, during the period of 28 days beginning on the expiration of the period specified in that subparagraph, pay to a member of the Garda Siochána at the Garda Siochána station or other location specified in subparagraph (1) the fixed charge of €120 (being 50 per cent greater than the amount specified in that subparagraph) accompanied by this Notice, duly completed.

(3)        If you make a payment pursuant to subparagraph (1) or (2), you need not comply with paragraph 5.

(4)        A prosecution in respect of the offence will not be instituted -

(a)        during the period of 56 days beginning on the date of this Notice, or

(b)        if a payment specified in subparagraph (1) or (2) accompanied by this Notice, duly completed, is made during the appropriate period so specified in relation to the payment, at all.

4.   PENALTY POINTS

(1)          If the driver pays a fixed charge pursuant to paragraph 3, 2 PENALTY POINTS will be endorsed on the driver's entry in the licence record.

(2)          If the driver is convicted of the offence, 4 PENALTY POINTS will be endorsed on the driver's entry in the licence record unless the court disqualifies him or her under section 27 of the Road Traffic Act 2002 and, in either case, he or she is liable to a fine not exceeding €800^** .

5.   FURNISHING NAME AND ADDRESS OF DRIVER OF VEHICLE

(1)            If you were not driving or otherwise using the vehicle at the time of the commission of the offence you are required -

(a)        to complete the document (marked “A”) attached to this Notice by stating in it the name, address and driver number ^* of the person who was driving or otherwise in charge of the vehicle at the time of the commission of the offence and signing it and stating your address, and

(b)        not later than 28 days after the date of this Notice, to give or send the document to a member of the Garda Síochána at _______ (name and address of Garda Síochána station or specify another place).

(2)            If you comply with subparagraph (1), you need not make a payment pursuant to subparagraph (1) or (2) of paragraph 3 and a prosecution of you for the offence will not be initiated.

6.       Failure by you to comply with paragraph 5(1) is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

7.       PAYMENT OF FIXED CHARGE

I am aware of the contents of this Notice and herewith submit payment of the fixed charge of € ___ specified in subparagraph (1)/subparagraph (2) (delete as appropriate) of paragraph 3.

DRIVER NUMBER OF REGISTERED OWNER^* _______________________________

SIGNATURE OF REGISTERED OWNER:_____________________________________

DATE: __________________________________

1.        Payment of a fixed charge will be accepted only if it is accompanied by this Notice, duly completed.

2.        Refund of a fixed charge paid pursuant to this Notice will not be made in any circumstances.

3.        You are required to give or send to a member of the Garda Síochána at the Garda Síochána station or other location specified in paragraph 3(1) such other information as you have or can obtain that the member may reasonably request for the purpose of identifying and establishing the whereabouts of the person named by you in paragraph 5.

EXPLANATORY NOTE

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

These regulations declare that the fixed charge system will be applied to the offence of exceeding a speed limit.

The regulations also prescribe the form of the notices and documents to be used where a member of the Garda Síochána alleges that a speeding offence has been committed, the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution, details of the penalty points that will be endorsed on the driver's entry in the licence record following payment of a fixed charge and the steps that must be taken by a registered owner to identify the driver where he or she was not using the vehicle at the time of the commission of the alleged offence.

^*The driver number is the number in black type on the first page of the licence of the driver to the left of the photograph.

^*The driver number is the number in black type on the first page of your licence to the left of the photograph.

^**If the offence referred to in paragraph 4(2) is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case (unless the penalty points are endorsed on your entry in the licence record), to the disqualification aforesaid.

^*The driver number is the number in black type on the first page of your licence to the left of the photograph.

^**If the offence referred to in paragraph 4(2) is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case (unless the penalty points are endorsed on your entry in the licence record), to the disqualification aforesaid.

^*The driver number is the number in black type on the first page of the licence to the left of the photograph.

^*The driver number is the number in black type on the first page of the licence to the left of the photograph.