Local Authorities (Traffic Wardens) Act 1975

Provisions applying to certain offences relating to vehicles.

3

F4 [ 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,

F5 [ (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 .

F6 [ (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. ]

(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

F7 [ ( 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.

F8 [ (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 F9 [ prescribed form ] may contain details of the manner of payment of the fixed charge F10 [ 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

F11 [ ( 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. ]

F12 [ (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 F13 [ ] 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.

F14 [ (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 F15 [ 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 F16 [ 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 F17 [ 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 F18 [ 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.

F19 [ (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 F20 [ 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 (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 46, S.I. No. 241 of 2017.

F7

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(a), S.I. No. 26 of 2005.

F8

Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(b), S.I. No. 26 of 2005.

F9

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(b)(i), S.I. No. 384 of 2006.

F10

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(b)(ii), S.I. No. 384 of 2006.

F11

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(c), S.I. No. 384 of 2006 .

F12

Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(d), S.I. No. 26 of 2005.

F13

Deleted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(d), S.I. No. 384 of 2006.

F14

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 23(e), S.I. No. 26 of 2005.

F15

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(e), 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)(f), S.I. No. 384 of 2006.

F18

Substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(g), S.I. No. 384 of 2006.

F19

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), subs. 15(3)(h), S.I. No. 384 of 2006.

F20

Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 15(3)(i), S.I. No. 384 of 2006.

Modifications (not altering text):

C4

Application of section affected (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 45, S.I. No. 241 of 2017.

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.

C5

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 (1.03.2018) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) (Amendment) Regulations 2018 (S.I. No. 57 of 2018).

E5

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).

E6

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); 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.

E7

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).

E8

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).

E9

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.

E10

Previous affecting provision: application of section extended (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 19, S.I. No. 26 of 2005; repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(c), S.I. No. 241 of 2017.

E11

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); revoked (3.04.2006) by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006), reg. 8.

E12

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); revoked (1.10.1997) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) Regulations 1997 (S.I. No. 395 of 1997), reg. 7.

E13

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.

E14

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); 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 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.

E16

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); 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 amending provision: subss. (2) to (4) substituted by Dublin Transport Authority Act 1986 (15/1986), s. 15(5), not commenced; superseded as per F -note above.

E18

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); 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 (10.08.1979) by Local Authorities (Traffic Wardens) Act 1975 (Section 3) (Offences) (Amendment) Regulations 1976 (S.I. No. 187 of 1976); 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.

E20

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); 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.

E21

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); 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.