Notice of the making of this Statutory Instrument was published in

“Iris Oifigi il” of 21st May, 2024.

I, Eamon Ryan, Minister for Transport, in exercise of the powers conferred on me by sections 34 (inserted by section 23 of the Road Traffic Act 2016 (No. 21 of 2016)) and 41 of the Road Traffic Act 2010 (No. 25 of 2010) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )) and after consultation with the Minister for Justice with respect to offences declared to be fixed charge offences under the said section 34(2)(a) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024.

2. In these Regulations—

“Act of 1968” means Road Traffic Act 1968 (No. 25 of 1968);

“Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994);

“Act of 2006” means Road Traffic Act 2006 (No. 23 of 2006);

“Act of 2010” means Road Traffic Act 2010 (No. 25 of 2010);

“electric scooter” has the meaning assigned to it in Regulation 2 of the Road Traffic (Electric Scooters) Regulations 2024 (S. I No. 199 of 2024);

“No. 2 Act of 2011” means Road Traffic (No. 2) Act 2011 (No. 28 of 2011);

“Principal Act” means Road Traffic Act 1961 (No. 24 of 1961);

“Regulations of 1997” means Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 );

“Regulations of 2012” means Road Traffic (Traffic and Parking (Amendment) (No. 2) Regulations 2012) ( S.I. No. 332 of 2012 );

“Regulations of 2024” means the Road Traffic (Traffic and Parking) (Amendment) Regulations 2024 ( S.I. No. 222 of 2024 ).

3. The following are revoked:

(a) the Road Traffic (Fixed Charge Offences — Cyclists) Regulations 2015 ( S.I. No. 331 of 2015 );

(b) the Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 ( S.I. No. 526 of 2022 ).

4. The form set out in the Schedule to the Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017 ( S.I. No. 243 of 2017 ) is amended—

(a) in the English language version, in the item with the heading “Alleged Offence”, by inserting “[electric scooter]*” after “[pedal cycle]”, and

(b) in the Irish language version, by substituting for the item with the heading “An Cion L omhnaithe”, the following:

“An Cion L omhnaithe

L omhna tear [go ndearna t cion]* [gur rinneadh cion]* (sonraigh an cion, lena n- ir tear an luas agus an crios luais – m s cion s r luais at i gceist) a bhain le tiom int n l’ s id [feithicil inneallghluaiste ar a bhfuil an marc aitheantais ......]* [rothar cos]* [sc tar leictreach]* in it phoibl ag ............. (cuir isteach an su omh) ar ........... (cuir isteach an t-am) ar an .......... (cuir isteach an d ta).

*scrios amach mar is cu .”.

5. The form set out in the Schedule to the Road Traffic Act 2010 (Section 35(6)) (Prescribed Document) Regulations 2017 ( S.I. No. 245 of 2017 ) is amended—

(a) in the English language version, by replacing “And their” for “And, if known, his or her—”, and

(b) in the Irish language version, by deleting “agus m s eol iad-”.

6. The form set out in the Schedule to the Road Traffic Act 2010 (Section 44(3)) (Prescribed Notice) Regulations 2017 ( S.I. No. 300 of 2017 ) is amended—

(a) in the English language version, in the item with the heading “Alleged Offence”, by inserting “[electric scooter]*” after “[pedal cycle]”, and

(b) in the Irish language version, by substituting for the item with the heading “An Cion L omhnaithe”, the following:

“An Cion L omhnaithe

L omhna tear [go ndearna t cion]* [gur rinneadh cion]* (sonraigh an cion, lena n- ir tear an luas agus an crios luais – m s cion s r luais at i gceist) a bhain le tiom int n l’ s id [feithicil inneallghluaiste ar a bhfuil an marc aitheantais ......]* [rothar cos]* [sc tar leictreach] *in it phoibl ag ............. (cuir isteach an su omh) ar ........... (cuir isteach an t-am) ar an .......... (cuir isteach an d ta).

*scrios amach mar is cu ”.

7. Each of the offences under the Road Traffic Acts 1961 to 2024 mentioned in Schedules 1 to 8 (other than in Part 2 of Schedule 4 or Part 2 of Schedule 6) is declared to be a fixed charge offence.

8. The prescribed amount of a fixed charge —

(a) in respect of an offence mentioned in Schedule 1, is €200,

(b) in respect of an offence mentioned in Schedule 2, is €160,

(c) in respect of an offence mentioned in Schedule 3, is €150,

(d) in respect of an offence mentioned in Schedule 4, is €120,

(e) in respect of an offence mentioned in Schedule 5, is €80,

(f) in respect of an offence mentioned in Schedule 6, is €60,

(g) in respect of an offence mentioned in Schedule 7, is €50, and

(h) in respect of an offence mentioned in Schedule 8, is €40.

Regulation 7 and 8(a)

Schedule 1

€200 fixed charge

Traffic and parking offences – Act of 1994 and exceeding permitted weight

Item 1

An offence under section 35(5) of the Act of 1994 consisting of a contravention of Regulation 3 of the Road Traffic (Parking in Disabled Person’s Parking Bay) Regulations 2022 ( S.I. No. 427 of 2022 ) by a person who is not the holder of a disabled person’s parking permit parking a vehicle in a disabled person’s parking bay not for the convenience of the person to whom the permit was granted.

Item 2

An offence under section 35(5) of the Act of 1994 consisting of a contravention of Regulation 4 of the Road Traffic (Control of Traffic) Regulations 2006 ( S.I. No. 638 of 2006 ) by the driver of a prohibited vehicle.

Item 3

An offence under section 12 (as amended by section 18 of the Act of 2006) of the Principal Act consisting of using on a public road a vehicle —

(a) whose weight unladen exceeds maximum permitted weight,

(b) whose weight laden exceeds maximum permitted weight, or

(c) any part of which transmits to ground greater weight than maximum permitted weight, specified in the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

Regulation 7 and 8(b)

Schedule 2

€160 fixed charge

Driving offences under Road Traffic Acts

Item 1

An offence under section 42 (inserted by section 10 of the Act of 2006) of the Principal Act consisting of a contravention of Regulation 17(6)(b)(iv) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) by a learner permit holder driving a vehicle unaccompanied by a qualified person.

Item 2

An offence under a provision of the Principal Act mentioned in column (2) opposite mention of a contravention in column (3) of the Table below.

Table

Item 3

An offence under section 35(5) of the Act of 1994 consisting of a contravention of article 7 of the Regulations of 1997 by driving at speed exceeding that which will enable the driver to stop the vehicle within a distance the driver can see to be clear.

Regulation 7 and 8(c)

Schedule 3

€150 fixed charge

Offence under Act of 1994

An offence under section 35(5) of the Act of 1994 consisting of a contravention of article 44(1) of the Regulations of 1997 by stopping or parking a vehicle in a disabled person’s parking bay without a disabled person’s parking permit.

Regulation 7 and 8(d)

Schedule 4

€120 fixed charge

Part 1

Driving offences under Road Traffic Acts

Item 1

An offence under section 35(5) of the Act of 1994 consisting of a contravention of article 10(1)(a) (inserted by Regulation 4(d) of the Regulations of 2024) of the Regulations of 1997 by overtaking a pedal cyclist or electric scooter user in the circumstances prohibited.

Item 2

An offence under section 42 (inserted by section 10 of the Act of 2006) of the Principal Act consisting of a contravention of Regulation 17(6)(b)(iii) (inserted by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 ( S.I. No. 719 of 2007 )) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) by a learner permit holder failing to display an L-plate or tabard while driving.

Item 3

An offence under section 3(3) of the Act of 2006 consisting of holding a mobile phone while driving.

Item 4

An offence under section 4(2) of the Act of 2014 consisting of a failure by a novice driver to display an N-plate or tabard when driving in a public place.

Part 2

Offences under Regulations made under European Communities Act 1972

Item 1

An offence under a provision of the European Communities (Compulsory Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006 ) mentioned in column (2) opposite mention of a contravention in column (3) of the Table below.

Table

Item 2

An offence under Regulation 4(6) of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ) consisting of a contravention of a provision of that Regulation mentioned in the Table below.

Table

Regulation 7 and 8(e)

Schedule 5

€80 fixed charge

Traffic and parking offences under Road Traffic Acts

Item 1

An offence under section 11(5) of the Principal Act consisting of a contravention of a provision of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 ( S.I. No. 360 of 1978 ) mentioned in the Table below.

Table

Item 2

An offence under section 11(5) of the Principal Act consisting of a contravention of Regulation 55 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) by using a vehicle with defective or worn tyres.

Item 3

An offence under a provision of the Principal Act mentioned in column (2) opposite mention of a contravention in column (3) of the Table below.

Table

Item 4

An offence under section 55 (inserted by section 4 of the No. 2 Act of 2011) of the Principal Act consisting of parking a vehicle in a dangerous position.

Item 5

An offence under section 96(3) of the Principal Act consisting of failing to stop a bicycle for a school warden stop sign.

Item 6

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 1997 mentioned in the Table below.

Table

Regulation 7 and 8(f)

Schedule 6

€60 fixed charge

Part 1

Traffic offences under Road Traffic Acts

Item 1

An offence under section 11(5) of the Principal Act consisting of a contravention of article 5 (inserted by article 4 of the Road Traffic (Insurance Disc) (Amendment) Regulations 1986 ( S.I. No. 227 of 1986 )) of the Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 ) by using a vehicle in a public place without an insurance disc being carried in a conspicuous place on the windscreen in such a manner that it is visible and accessible for inspection.

Item 2

An offence under section 11(5) of the Principal Act consisting of a contravention of a provision of the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ) mentioned in the Table below.

Table

Item 3

An offence under section 11(5) of the Principal Act consisting of a contravention of a provision of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 ( S.I. No. 224 of 2000 ) mentioned in the Table below.

Table

Item 4

An offence under section 18(2) of the Principal Act consisting of using a vehicle without a test certificate.

Item 5

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 1997 mentioned in the Table below.

Table

Item 6

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 ) mentioned in the Table below.

Table

Item 7

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 2012 mentioned in the Table below.

Table

Part 2

Offences under Finance Acts

Item 1

An offence under section 73 of the Finance Act 1976 (No. 16 of 1976) consisting of a failure to fix to, and exhibit on, a vehicle a licence.

Item 2

An offence under section 139 (1)(b) of the Finance Act 1992 (No. 9 of 1992) (amended by section 13(a) of the Finance Act (No. 2) of 1992) consisting of being in possession of the vehicle if an identification mark referred to in section 131 (6) of the Finance Act 1992 is not displayed on it or is not displayed on it in the prescribed manner.

Item 3

An offence under section 139 (1)(bb) of the Finance Act 1992 (No. 9 of 1992) (amended by section 13(a) of the Finance Act (No. 2) of 1992) consisting of using an unregistered vehicle in a public place in contravention of the prescribed conditions.

Item 4

An offence under section 139 (1)(c) of the Finance Act 1992 (No. 9 of 1992) consisting of a contravention of a provision of section 131(6) of that Act mentioned in the Table below.

Table

Regulation 7 and 8(g)

Schedule 7

€50 fixed charge

Offences under Road Traffic Acts

Electric Scooters

Item 1

An offence under a provision of the Principal Act involving an electric scooter mentioned in column (2) opposite mention of a contravention in column (3) of the Table below.

Table

Item 2

An offence under section 11(5) of the Principal Act consisting of a contravention of a provision of the Road Traffic (Electric Scooter) Regulations 2024 ( S.I. No. 199 of 2024 ) mentioned in the Table below.

Table

Item 3

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 1997 involving an electric scooter mentioned in the Table below.

Table

Item 4

An offence under section 3(3) of the Act of 2006 consisting of holding a mobile phone while driving an electric scooter.

Regulation 7 and 8(h)

Schedule 8

€40 fixed charge

Offences under Road Traffic Acts

Pedal cyclists and traffic and parking

Part 1 – Pedal Cyclists

Item 1

An offence under section 11(5) of the Principal Act consisting of a contravention of Regulation 29 (as amended by Regulation 4 of the Road Traffic (Lighting of Vehicles) (Amendment) Regulations 2009 ( S.I. No. 487 of 2009 )) of the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ) by riding or wheeling a pedal cycle without a front lamp or rear lamp lit during lighting-up hours.

Item 2

An offence under section 51A(2) (inserted by section 4 of the No. 2 Act of 2011) of the Principal Act consisting of a contravention of subsection (1) of that section by driving a pedal cycle in a public place without reasonable consideration for other persons using the place.

Item 3

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 1997 mentioned in column (2) at a particular reference number in column (1) in respect of a contravention involving a pedal cycle referred to opposite in column (3) in the Table below.

Table

Part 2 – Traffic and Parking

Item 1

An offence under section 35(5) of the Act of 1994 consisting of a contravention of a provision of the Regulations of 1997 mentioned in the Table below.

Table

Item 2

An offence under section 35(5) of the Act of 1994 consisting of a contravention of Article 9 (as amended by Regulation 3 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 ( S.I. No. 404 of 2004 )) of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 ) by entering a tram-only street with a vehicle other than a light rail vehicle.

GIVEN under my Official Seal,

20 May, 2024.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.

EXPLANATORY NOTE

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

These Regulations specify which offences involving the driving or use of mechanically propelled vehicles, pedal cycles and electric scooters are fixed charge offences for the purposes of section 34 of the Road Traffic Act 2010 (No. 25 of 2010) and prescribe the amount of the fixed charge for each offence.