Irish Aviation Authority Act 1993

F54[Fixed charge offences

63F. (1) (a) This section applies to such summary offences under this Act as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, to be fixed charge offences.

(b) Subject to subsection (9), the regulations referred to in paragraph (a) shall prescribe the amount of each fixed charge for each fixed charge offence.

(2) Where an authorised officer has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a notice under this section,

(b) if the officer does not identify the person and the offence involves the use of a registered aircraft, the officer shall serve, or cause to be served, personally or by post, on the operator or registered owner of the aircraft a notice under this section, or

(c) if the officer does not identify the person and the offence involves the use of an unmanned aircraft registered to an operator, the officer shall serve, or cause to be served, personally or by post, on the registered operator of the unmanned aircraft a notice under this section.

(3) A notice under this section shall be in the form prescribed by regulations made by the Minister and—

(a) shall contain details of the manner of payment of a fixed charge, and

(b) may specify the person to whom and the place where the payment is to be made and whether the payment is to be accompanied by the notice, duly completed.

(4) A notice served pursuant to this section shall 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 a payment of a fixed charge of a prescribed amount as specified in the notice, and

(c) 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 in accordance with the notice, is made during the appropriate period so specified in relation to the payment, at all.

(5) The payment of a fixed charge shall not be accepted after the expiration of the period of 28 days beginning on the date the notice provided for by this section was served.

(6) Where a notice is served under this section—

(a) a person or the person to whom the notice applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice,

(b) the payment—

(i) may be received in accordance with the notice and the person receiving the payment may issue a receipt for it, and

(ii) shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Public Expenditure and Reform directs, and shall not 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 in accordance with the notice, in relation to the payment, at all.

(7) A fixed charge offence shall be an offence for the purposes of this Act.

(8) 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 served or caused to be served, and

(b) 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.

(9) Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to any of the following:

(a) different fixed charge offences;

(b) fixed charge offences involving different classes of aircraft.]

Annotations

Amendments:

F54

Inserted (1.05.2022) by Air Navigation and Transport Act 2022 (40/2022), s. 75, S.I. No. 220 of 2023.