Road Transport Act 1986

Increase in penalties.

14

14. (1) The following subsection is hereby substituted for subsection (2) ( a) of a section 9 of the Principal Act (inserted by section 2 of the Act of 1978):

“(2) ( a) Every person who carries merchandise in contravention of this section shall be guilty of an offence under this section and shall be liable—

(i) on summary conviction to a fine not exceeding £1,000, or

(ii) on conviction on indictment to a fine not exceeding £5,000.”.

(2) The following subsection is hereby substituted for subsection (2) of section 32 of the Principal Act:

“(2) If any person fails or neglects to comply with this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £100.”.

(3) The following section is hereby substituted for section 33 of the Principal Act:

“33.—If any vehicle plate issued in respect of a particular mechanically propelled vehicle is affixed to any other mechanically propelled vehicle, the owner of such first mentioned mechanically propelled vehicle and also the owner of such other mechanically propelled vehicle (if he is not the same person as the owner of such first mentioned mechanically propelled vehicle) shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £500.”.

(4) The following subsection is hereby substituted for subsection (2) of section 34 of the Principal Act:

“(2) If any mechanically propelled vehicle is used for the purposes of merchandise road transport without having affixed thereto in the prescribed place and manner a vehicle plate issued under this Part of this Act in respect of such vehicle, or with such vehicle plate so defaced by wear, injury or otherwise that the marks required by this Act to be borne thereon are obliterated or illegible, the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £500.”.

(5) The following subsection is hereby substituted for subsection (2) of section 35 of the Principal Act:

“(2) Every person who—

( a) obstructs or interferes with a member of the Garda Síochána in the exercise of any power conferred by this section, or

( b) being the driver of a lorry or tractor in motion, fails to stop it when required by a member of the Garda Síochána under this section so to do, or

( c) being the driver of a lorry or tractor fails to comply with a requirement made by a member of the Garda Síochána under this section in relation to such lorry or tractor

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £500.”.

(6) The following subsection is hereby substituted for subsection (2) of section 36 of the Principal Act:

“(2) If any person acts in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £1,000.”.

(7) The following subsection is hereby substituted for subsection (2) of section 122 of the Transport Act, 1944:

“(2) If the licensee under a merchandise licence fails or neglects to comply with subsection (1) of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £100.”.

(8) The following subsection is hereby substituted for subsection (1) of section 123 of the Transport Act, 1944:

“(1) Any member of the Garda Síochána may demand of any person driving a mechanically propelled vehicle which he believes to be the subject of a merchandise licence, the production of a copy of the licence, and if the vehicle is so subject and that person refuses or fails to produce a copy of the licence there and then, or though producing a copy of the licence, refuses or fails to permit such member to read it, that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £100.”.