Road Transport Act 1986

Special provision where certain offences alleged.

13

13. (1) ( a) This section applies to such offences under an Act specified in paragraph (b) of this subsection as may be declared by the Minister by regulations to be offences to which this section applies.

( b) The Acts referred to in paragraph (a) of this subsection are—

(i) the Principal Act,

(ii) the Transport Act, 1944,

(iii) the European Communities Act, 1972,

(iv) this Act.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence to which this section applies, the member may deliver to the person a notice in the prescribed form stating—

( a) that the person is alleged to have committed that offence,

( b) that the person may, during a period of 21 days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of an amount specified in the notice accompanied by the notice,

( c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.

(3) Where a notice is delivered under subsection (2) of this section—

( a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána at the Garda Síochána station specified in the notice the payment specified in the notice accompanied by the notice,

( b) the member may receive the payment, issue a receipt therefor, retain it for disposal in accordance with regulations made by the Minister under this section 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 shall not be instituted during the period specified in the notice or, if the payment specified in the notice is made during that period, at all.

(4) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(5) The Minister may by regulations fix the amount of the payment referred to in subsection (2) (b) of this section.