Roads Act 1993

Prosecution and penalties.

81

81. F97 [ (1) ( a ) A person guilty of an offence under section 46(6) is liable

(i) on summary conviction to a fine not exceeding 5,000, or

(ii) on conviction on indictment, to a fine not exceeding 250,000.

( b ) A person guilty of an offence under this Act (other than section 64 or the provisions mentioned in paragraphs (a) and (c) ) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5,000.

( c ) A person guilty of an offence under section 43(5) , 44(5) , 45(3) , F98 [ 61(10) , ] 64A(4) , 68(2) or 79(4) is liable on summary conviction to a fine not exceeding 2,000. ]

(2) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

(3) ( a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by F99 [ the road authority concerned ].

( b) An offence under section 64 may be prosecuted by F99 [ the road authority concerned ] as defined for the purposes of Part V .

( c) An offence under section 73 may be prosecuted by F99 [ the local authority concerned ] as defined for the purposes of that section.

( d) An offence under section 80 may be prosecuted by the Minister, the Authority or F99 [ the road authority concerned ].

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which any provision of this Act relates may be instituted within twelve months from the date of the offence.

F100 [ (5) Any costs of a road authority, a local authority or the Minister under this Act incurred in or in connection with the prosecution of a person for an offence under this Act for which the person is convicted may be recovered by the road authority, local authority (within the meaning of section 73 ) or the Minister, as the case may be, as a debt due and payable to the road authority, local authority or the Minister, as the case may be, by the convicted person. ]