Road Traffic Act 2004

Amendment of section 3 of Act of 1975 (Traffic Wardens).

23

23.—Section 3 (inserted by section 12 of the Act of 2002) of the Act of 1975 is amended—

( a) in subsection (3), by substituting for paragraph ( b) the following:

“( 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,”,

( b) by inserting after subsection (5) the following:

“(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 prescribed forms may contain details of the manner of payment of the fixed charge or without the payment being accompanied by the notice.”,

( c) in subsection (7), by substituting for paragraph ( h) the following:

“( h) subject to paragraph ( f) of this subsection, failure to comply with the said subsection (4) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.”,

( d) by inserting after subsection (7) the following:

“(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.”,

and

( e) by substituting for subsection (9) the following:

“(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 served 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.”.