In this Act, save where the context otherwise requires—
“the Act of 1968” means the Road Traffic Act, 1968 ;
“the Act of 1975” means the Local Authorities (Traffic Wardens) Act, 1975 ;
“the Act of 1994” means the Road Traffic Act, 1994 ;
“the Acts” means the Road Traffic Acts, 1961 to 1995;
“appeal” includes an appeal by way of case stated;
“appropriate date” shall be construed in accordance with section 7 ;
“entry”, in relation to a person, means the entry in the licence record relating to the person;
“licence” means a driving licence or a provisional licence under Part III of the Principal Act;
“licence record” means the record jointly established and maintained by the Minister and all the licensing authorities under section 60(2) of the Finance Act, 1993 , in relation to licences;
“penalty point” means a point specified in column (4) or (5) of the First Schedule;
“penalty point offence” means an offence specified in column (2) of the First Schedule committed after the commencement of section 2 ;
“the Principal Act” means the Road Traffic Act, 1961 .
(2)
A word or expression that is used in this Act and is also used in the Principal Act has in this Act, unless the context otherwise requires, the same meaning as it has in the Principal Act.
(3)
In this Act—
(a)
a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other provision is intended,
(b)
a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and
(c)
a reference to any enactment or instrument made under statute shall be construed as a reference to that enactment or instrument as amended, adapted or extended by or under any subsequent enactment or instrument made under statute.
2-
Endorsement of penalty points.
(1)
Where a person makes a payment under section 103 (as inserted by this Act) of the Principal Act in respect of an alleged penalty point offence (other than such an offence specified at reference number 2, 3, 8, 9, 10, 11, 12 or 14 in column (2) of Part 1 of the First Schedule), the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2) shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the alleged offence.
(2)
Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence.
(3)
(a)
Where a person, whether on the same occasion or not—
(i)
makes 2 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, or
(ii)
is convicted of 2 or more penalty point offences committed on the same occasion,
penalty points in respect of one only of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry relating to the person.
(b)
Where a person, whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more penalty point offences and the alleged penalty point offences concerned and the penalty point offences were committed on the same occasion, penalty points in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry relating to the person.
(4)
In a case referred to in subsection (3)—
(a)
if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry, and
(b)
if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.
(5)
Upon the making of a payment referred to in subsection (1) to a member of the Garda Síochána, the Commissioner shall, as soon as may be after the payment, cause the Minister to be notified of the payment and, thereupon, subject to subsections (3), (7) and (8), the Minister shall cause the appropriate number of penalty points to be endorsed on the entry concerned.
(6)
(a)
When a person is convicted of a penalty point offence, the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the conviction—
(i)
in case an appeal is brought against the conviction and it is determined against the person, as soon as may be after such determination,
(ii)
in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.
(b)
Where the conviction of a person of a penalty point offence is reversed on appeal, it shall not be necessary to notify the Minister of the conviction.
(c)
Upon the receipt by the Minister of a notification under paragraph (a), the Minister shall, subject to subsections (3), (7) and (8), cause the appropriate number of penalty points to be endorsed on the entry concerned.
(7)
If an entry in relation to a person does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it, pursuant to subsection (5) or (6)(c), and, subsequently, such an entry is made, thereupon, the points shall be so endorsed.
(8)
Where, upon conviction of a person of a penalty point offence, an ancillary disqualification order is made in respect of the person, penalty points in respect of the offence shall not be endorsed on the entry of the person.
(9)
The particulars stated in column (3) of the First Schedule are inserted solely to facilitate reference to and identification of the provisions specified in column (2) of that Schedule and, accordingly, nothing contained in the said column (3) shall affect the construction or limit or control the operation of this section or that Schedule.
3-
Disqualification by reason of penalty points.
(1)
When penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed equals or exceeds 12, the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended correspondingly.
(2)
At the end of a period of disqualification pursuant to subsection (1) the Minister—
(a)
shall cause to be removed from the entry concerned penalty points standing endorsed on it on the date of the notice under section 5 relating to the disqualification, and
(b)
shall cause a notice to be given or sent, by post or otherwise, to the person to whom the entry relates—
(i)
of the ending of the period and its date, and
(ii)
of the removal and particulars of the penalty points the subject of the removal.
4-
Period of endorsement of penalty points.
Penalty points endorsed on the entry of a person shall, subject to section 3 (2), remain on the entry for a period of 3 years beginning on the appropriate date, and the Minister shall—
(a)
cause the penalty points to be removed from the entry at the end of that period, and
(b)
cause a notice to be given or sent, by post or otherwise, to the person—
(i)
of the ending of the period and its date, and
(ii)
of the removal and particulars of the penalty points the subject of the removal.
5-
Notification to licence holder of endorsement of penalty points.
(1)
When penalty points are endorsed on the entry of a person, the Minister shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—
(a)
to the effect that the number of penalty points specified in the notice has been endorsed on the entry relating to the person following—
(i)
the making by the person of a payment referred to in section 2 (1), or
(ii)
the conviction of the person of a penalty point offence,
and that, subject to section 3 (2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and
(b)
specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number equals or exceeds 12, specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing authority that granted the licence not later than 14 days from that date.
(2)
When a notice is given or sent to a person under subsection (1), the Minister shall cause particulars of the notice, including its date, to be entered on the entry relating to the person.
(3)
A person who does not comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection shall be guilty of an offence.
6-
Interruption of period of endorsement of penalty points or disqualifications under section 3 .
Where, during the period of 3 years for which penalty points stand endorsed on the entry of a person or the period of 6 months for which a person stands disqualified pursuant to section 3 for holding a licence, the person—
(a)
becomes disqualified pursuant to Part III of the Principal Act or section 9 for holding a licence, or
(b)
ceases to be the holder of a licence,
no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 3 years or part of the period of 6 months, and the date of the ending of the two latter periods shall be determined accordingly.
7-
The appropriate date.
(1)
In this Act, subject to the provisions of this section, the appropriate date, in relation to penalty points, is the date that is 28 days from the date of the notice under section 5 relating to the penalty points; and, for the purposes of the application of this section to section 3 (1), the notice under section 5 is that relating to the penalty points concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 3 (1) of the person to whom the entry relates.
(2)
Where, but for this subsection, the appropriate date would fall on a day in a period when the person concerned stands disqualified pursuant to Part III of the Principal Act or section 3 or 9 for holding a licence, or is otherwise not the holder of a licence, the appropriate date shall fall on the day immediately after the end of the period aforesaid or, as the case may be, the day on which the person becomes such a holder.
(3)
If a court enlarges the time for instituting an appeal against a conviction for penalty point offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the penalty points concerned—
(a)
(i)
the period of 6 months specified in section 3 , or
(ii)
the period of 3 years specified in section 4 ,
or both such periods shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or
(b)
such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of 2 discontinuous periods so stated.
(4)
Where an order is made under subsection (3), the appropriate clerk or court registrar or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the order.
(5)
In relation to a case in which an order is made under subsection (3), subsections (1) and (2), as may be appropriate, shall be construed in accordance with the order.
(6)
(a)
In any proceedings, a certificate signed by an officer of the Minister authorised by the Minister in that behalf and stating—
(i)
that he or she has examined the entry relating to a person,
(ii)
that a penalty point was endorsed on the entry on a specified date, and
(iii)
the date of the notice under section 5 relating to the penalty point,
shall be admissible as evidence of those facts.
(b)
A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.
8-
Endorsement of certain convictions and disqualifications on entries.
For the purpose of enabling the convictions and the disqualification orders referred to in subsections (3) and (4) of section 36 of the Principal Act to be endorsed on the entries of those concerned in lieu of being endorsed on the licences held by them, the following amendments of the said section 36 are made as respects such convictions occurring, and such orders made, after the commencement of this section—
(a)
the references in those subsections to an order directing particulars of a conviction or of a disqualification order to be endorsed on the licence held by a person or, if the person is not the holder of a licence but subsequently a licence is granted to him or her, on that licence are construed as references to an order directing that those particulars be endorsed on the entry then existing or subsequently made in relation to the person, and
(b)
the following subsections are added to the said section 36:
"(6)
In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.
(7)
Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) or (4) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.
(8)
The appropriate court registrar or court clerk or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of an order under subsection (3) or (4) of this section, of the suspension or postponement under the said subsection (3) or (4) of such an order and of an order under section 29 of this Act removing a disqualification referred to in that section.
(9)
In this section, ‘entry’ has the meaning assigned to it by the Road Traffic Act, 2002.”.
9-
Disqualification pursuant to European Convention on Driving Disqualifications.
(1)
Where—
(a)
by reason of the commission, after the entry into force of the Convention, of a specified offence in another Member State (“the State of the offence”) by a person who is normally resident in the State, a driving disqualification is imposed on the person for any period in the State of the offence, and
(b)
a competent authority of the State of the offence notifies the Minister in writing in accordance with Article 3 of the Convention of the disqualification and transmits to the Minister—
(i)
the documents specified in paragraph 1 of Article 8 of the Convention, duly certified, where so required by the Convention, and accompanied by a translation in the English language of the notification and the documents aforesaid,
(ii)
documents containing the details and information specified in the paragraph aforesaid, and
(iii)
where appropriate, pursuant to the Convention, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof,
the Minister shall transmit the notification and the other documents referred to in paragraph (b) to the licensing authority that granted, or to which it would fall to grant, a licence to the person.
(2)
On application to the appropriate judge in that behalf by a licensing authority that has received a notification under subsection (1) and the other documents and, where appropriate pursuant to the Convention, the evidence and information referred to in that subsection, the judge shall, on being satisfied as to the matters specified in paragraph (a) and (b) of subsection (1) and subject to the provisions of this section, make an order declaring the person to whom the notification relates to be disqualified for holding a licence for the period referred to in subsection (1)(a) beginning on such day as may be specified in the order.
(3)
(a)
In proceedings under subsection (2) a certificate signed by an officer of the Minister authorised in that behalf by the Minister and stating that a document identified by and attached to the certificate—
(i)
is the notification referred to in Article 3 of the Convention of the driving disqualification concerned or a document referred to, or a document containing the details, evidence or supplementary information referred to, in Article 8 of the Convention, and
(ii)
was received by the Minister from a competent authority of the State of the offence concerned in accordance with the said Article 8,
shall be admissible as evidence of, as the case may be, the notification aforesaid or the document so referred to or the details, evidence or supplementary information so referred to.
(b)
A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation of the Minister until the contrary is shown.
(4)
The period of disqualification for holding a licence to which a person is subjected pursuant to subsection (2) shall not exceed the maximum period of disqualification for holding a licence which could be ordered by a court following conviction in the State for an offence consisting of the conduct to which the specified offence concerned relates.
(5)
So much of a period of disqualification referred to in subsection (1) as has been served in the State of the offence shall be deducted from any period of disqualification under subsection (2).
(6)
An order shall not be made under subsection (2)—
(a)
if the person concerned has been disqualified under Part III of the Principal Act or this Act for holding a licence in respect of the conduct constituting the specified offence to which the application under subsection (2) relates and the period of the disqualification is current or has expired,
(b)
if the person concerned would have benefited from a general pardon or amnesty if the conduct aforesaid has occurred in the State,
(c)
if the period of time between the commission of the specified offence concerned and the institution of the proceedings in respect of it that led to the disqualification referred to in subsection (1) was longer than the period within which proceedings in respect of the conduct a foresaid would be required by law to be instituted in the State, or
(d)
if, in the circumstances of the case and having considered any information and evidence referred to in Article 8 of the Convention, the appropriate judge considers that the person concerned did not have an adequate opportunity to defend himself or herself in the proceedings aforesaid.
(7)
The appropriate judge may refuse to make an order under subsection (2) if—
(a)
the conduct for which the disqualification referred to in subsection (1) was imposed—
(i)
does not constitute an offence under the law of the State, or
(ii)
does not constitute an offence under the law of the State for which disqualification for holding a licence may be ordered by a court,
or
(b)
a period of less than one month of the disqualification referred to in subsection (1) remains unexpired on the date on which the order falls to be made or the disqualification is for a period of less than one month.
(8)
When the appropriate judge makes or refuses to make an order under subsection (2), the clerk of the District Court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of such making or refusal, and the Minister shall cause the central authority of the State of the offence to be notified thereof.
(9)
Where, by reason of the commission, after the entry into force of the Convention, of a specified offence in the State by a person who is normally resident in another Member State(“the State of residence”), a driving disqualification is imposed in the State on the person—
(a)
the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the disqualification as soon as may be and shall comply with any request of the Minister to that Service for further details or information relating to the person, the offence, the disqualification or otherwise required for the purposes of the Convention,
(b)
upon receipt by the Minister of the notification under paragraph (a) the Minister shall, subject to paragraph (d), without delay notify the central authority of the State of residence of the disqualification,
(c)
the Minister shall—
(i)
ensure that Article 8 of the Convention is complied with in relation to the notification and may do, or cause to be done, all things necessary for that purpose, including the translation (if required pursuant to Article 9.2 of the Convention), certification and attestation of any document,
(ii)
if necessary, request the Courts Service to provide such further details or information as he or she considers necessary for the purposes of his or her functions under this subsection and the Convention, and
(iii)
without delay notify the central authority aforesaid of any such details or information,
and
(d)
the Minister shall not be obliged to comply with paragraphs (b) and (c) if—
(i)
the case is one to which an agreement under Article 3.2 of the Convention between the State and the State of residence applies and the agreement is in force, or
(ii)
the circumstances of the case fall within subparagraph (a), (b) or (c) of paragraph 2 of Article 6 of the Convention and the State of residence has made a declaration under paragraph 3 of that Article that it will always apply that subparagraph and the declaration is in force.
(10)
The Minister shall be the competent authority and the central authority for the purposes of the Convention.
(11)
Judicial notice shall be taken of the Convention.
(12)
(a)
In this section—
“appropriate judge” means the judge of the District Court for the time being assigned to the District Court District where the person the subject of the application concerned under subsection (2) ordinarily resides or carries on any profession, business or occupation;
“the Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications done at Brussels on the 17th day of June, 1998, the text of which, in the English language is, for convenience of reference set out in the Second Schedule;
“Member State” means a state that is a member of the European Union;
“specified offence” means an offence arising from conduct referred to in the Annex to the Convention.
(b)
A word or expression that is used in this section and is also used in the Convention has in this section, unless the context otherwise requires, the same meaning as it has in the Convention.
10-
Obligation to provide preliminary breath specimen.
"(12)
The following section is substituted for section 12 of the Act of 1994:
(1)
This section applies to a person in charge of a vehicle in a public place—
(a)
at a time when the vehicle is involved in an accident, or
(b)
who, in the opinion of a member of the Garda Síochána, has consumed intoxicating liquor, or
(c)
who, in the opinion of a member of the Garda Síochána, is committing or has committed an offence under the Road Traffic Acts, 1961 to 2002 (other than sections 49, 50 and 51 of the Principal Act and sections 12 to 15).
(2)
A member of the Garda Síochána may require a person to whom this section applies—
(a)
to provide, by exhaling into an apparatus for indicating the presence of alcohol in the breath, a specimen of his or her breath and may indicate the manner in which he or she is to comply with the requirement,
(b)
to accompany him or her to a place (including a vehicle) at or in the vicinity of the public place concerned and there require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath and may indicate the manner in which the person is to comply with the requirement, or
(c)
where the member does not have such an apparatus with him or her, to remain at that place in his or her presence or in the presence of another member of the Garda Síochána until such an apparatus becomes available to him or her (but the member shall not require the person to so remain for more than one hour) and the member may then require the person to provide, by exhaling into such an apparatus, a specimen of his or her breath and may indicate the manner in which he or she is to comply with the requirement.
(3)
A person who refuses or fails to comply forthwith with a requirement under this section, or to comply forthwith with such a requirement in a manner indicated by a member of the Garda Síochána, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.
(4)
A member of the Garda Síochána may arrest without warrant a person who in the member's opinion is committing or has committed an offence under this section.
(5)
In a prosecution for an offence under this Part or under section 49 or 50 of the Principal Act, it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide a specimen of breath pursuant to this section is an apparatus for indicating the presence of alcohol in the breath.”.
11-
Fixed charge offences.
(1)
The following section is substituted for section 103 of the Principal Act:
"(103)
(1)
This section applies to such summary offences under the Road Traffic Acts, 1961 to 2002, and the Roads Act, 1993 , 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.
(2)
Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—
(a)
if the member identifies the person, the member shall serve, or cause to be served, personally or by post, on the person a notice under this section,
(b)
if the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, the member shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section.
(3)
In a case referred to in subsection (2) of this section, if the offence concerned is not a penalty point offence (within the meaning of the Road Traffic Act, 2002)—
(a)
the references in that subsection to a member of the Garda Síochána shall be construed as including references to a traffic warden, and
(b)
paragraph (b) of that subsection shall be construed as if ‘or shall affix such a notice to the vehicle’ were inserted after ‘notice under this section’.
(4)
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 was not 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 member of the Garda Síochána or a traffic warden at the Garda Síochána station or other 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 member of the Garda Síochána or a traffic warden within such period as may be specified by the member or warden at the Garda Síochána station or other place aforesaid such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i) of this paragraph.
(5)
The Commissioner shall, not later than 28 days after a document referred to in subsection (4) 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 member of the Garda Síochána or a traffic warden, cause a notice under this section to be served, personally or by post, on the person.
(6)
A notice under this section shall be in the prescribed form and, if it relates to a penalty point offence (within the meaning of the Road Traffic Act, 2002) shall contain a statement to the effect that, if the person on whom it is served makes a payment specified in paragraph (b) or (c) of subsection (7) or, as the case may be, subsection (8) of this section in accordance with those provisions or is convicted of the offence aforesaid, different specified numbers of penalty points (within the meaning aforesaid) will be endorsed on the entry (within the meaning aforesaid) of the person.
(7)
If a notice is served pursuant to subsection (2)(a) or (5) of this section, it shall, without prejudice to the generality of subsection (6) 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 a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place 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 a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place 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.
(8)
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 (6) 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 member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place 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 paragraph, make to a member of the Garda Síochána or at traffic warden at a specified Garda Síochána station or at another specified place a payment of a fixed charge of an amount 50 per cent. greater than the prescribed amount referred to in paragraph (b) of this section 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 (4) of this section—
(i)
not later than 28 days after the date of the notice, to give or send to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place 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 a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within his or her knowledge or procurement as the member or warden 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 (4) of this section,
(g)
if the registered owner complies with the said subsection (4), 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) of this subsection, failure to comply with the said subsection (4) is an offence upon conviction of which the registered owner is liable to a fine not exceeding €800.
(9)
Where a notice is served or affixed under subsection (2) of this section or served under subsection (5) of this section—
(a)
a person or the person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána or a traffic warden at the Garda Síochána station or other place specified in the notice a payment specified in the notice at the appropriate time so specified in relation to the payment accompanied by the notice, duly completed,
(b)
the member or warden may receive the payment, issue a receipt therefor and retain it for disposal in accordance with the Road Traffic Acts, 1961 to 2002, and no payment so received shall in any circumstances 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 is made during the period so specified accompanied by the notice, duly completed, 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 (4) of this section, and
(e)
if the registered owner complies with the said subsection (4), the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of the alleged offence aforesaid shall not be initiated.
(10)
In a prosecution for a fixed charge offence, it shall be presumed, until the contrary is shown that a payment pursuant to the relevant notice under this section accompanied by the notice, duly completed, has not been made.
(11)
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 (4) 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 said alleged offence.
(12)
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.
(13)
A person who contravenes subsection (4) of this section shall, subject to subsection (9)(d) of this section, be guilty of an offence and a person who contravenes subsection (12) of this section shall be guilty of an offence.
(14)
It shall be a defence for a person charged with an offence under subsection (13) of this section consisting of a contravention of subsection (4) 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.
(15)
In a prosecution for an offence under subsection (13) of this section consisting of a contravention of subsection (4) 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.
(16)
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 (17) of this section,
a document, purporting to be a document under subsection (4) 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 member of the Garda Síochána or 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 as evidence, until the contrary is shown, of the facts stated in it.
(17)
A person who, pursuant to subsection (4) of this section, gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading shall be guilty of an offence.
(18)
Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under subsection (13) of this section consisting of a contravention of subsection (4) of this section may be brought at any time within 2 years from the date on which the offence was committed.
(19)
(a)
The Minister may authorise in writing such and so many persons as he or she may determine to perform the functions conferred on traffic wardens by this section; and a person so authorised shall, when performing any such function, if so requested, produce to the person who made the request the authorisation of the Minister under this section or a copy of it.
(b)
The Minister may revoke an authorisation under this subsection.
(c)
The number of persons standing authorised under this subsection and their remuneration and other conditions of service shall be such as may be determined by the Minister with the consent of the Minister for Finance.
(d)
Neither the Civil Service Commissioners Act, 1956 , nor the Civil Service Regulation Act, 1956 , shall apply to the position of traffic warden.
(e)
In this subsection, ‘the Minister’ means the Minister for Justice, Equality and Law Reform.
(20)
Where a traffic warden has reasonable grounds for believing that a person is committing or has committed a fixed charge offence, the traffic warden may request of the person his or her name and address and, if the person does not comply with the request or gives a name or address that is false or misleading, he or she shall be guilty of an offence.
(21)
The Minister may make regulations for enabling this section to have full effect and any such regulations in relation to fixed charges referred to in subsection (7) of this section may specify different amounts in relation to different fixed charge offences and to such offences involving different classes of vehicles and to such offences committed in different areas.
(22)
(a)
In this section ‘traffic warden’ means a person standing authorised under subsection (19) of this section.
(b)
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 have been inserted by or on behalf of the person.”.
(2)
(a)
Regulations under section 103 of the Principal Act in force immediately before the commencement of this section shall continue in force after such commencement as if made under section 103 (as inserted by this Act) of the Principal Act and may be amended or revoked accordingly.
(b)
A person who, immediately before such commencement, stands appointed under section 103 of the Principal Act as an authorised person shall, upon such commencement, be deemed to be a traffic warden standing authorised under subsection (19) of section 103 (as inserted by this Act) of the Principal Act.”.
