Road Traffic Act 2010

36.

Fixed charge notice — form.

36.— (1) A fixed charge notice—

( a) shall be in the prescribed form,

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

( c) 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,

( d) if it relates to a penalty point offence, shall require such details of the driving licence or learner permit held by the person on whom it is served as specified in the notice, and

( e) if it relates to a penalty point offence, shall contain a statement to the effect that, if the person on whom it is served makes a payment specified in F69 [ paragraph (b), (c) or (e) ] of subsection (2) or, as the case may be, subsection (3) in accordance with those provisions or is convicted of that offence, different specified numbers of penalty points F70 [ ] will be endorsed on the entry F70 [ ] of the person.

F71 [ (1A) A fixed charge notice relating to an offence F72 [ referred to in section 34(2)(e) ] which is a demerit offence (within the meaning of Part 5 of the Taxi Regulation Act 2013), shall contain a statement to the effect that if the person on whom it is served makes the appropriate payment specified in F72 [ subsection (2) of section 35 of the Taxi Regulation Act 2013 ] in accordance with that subsection or is convicted of the offence, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of section 33 of the Taxi Regulation Act 2013) of the person. ]

(2) If a notice is served under section 35(1)(a) or (9), it shall, without prejudice to the generality of subsection (1), 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,

( c) if the person does not make the payment specified in paragraph (b) of this subsection, during the period of 28 days beginning on the expiration of that period, the person may make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b) , F73 [ ]

F74 [ ( d ) a prosecution in respect of the alleged offence will not be instituted during either 28 day period specified in the notice or, if a payment is made in accordance with the notice during either period, at all, and ]

F75 [ ( e ) if the person is served with a summons in respect of the alleged offence the person may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge as specified in the notice served with the summons of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) and, if the person pays such amount proceedings in respect of the alleged offence will be discontinued. ]

(3) If a notice is served or affixed to a mechanically propelled vehicle under section 35 (1) (b), it shall, without prejudice to the generality of subsection (1) , contain a statement to the effect that—

( a) an offence specified in the notice is alleged to have been committed,

( b) a person liable to be prosecuted for the offence 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,

( c) if the person does not make the payment specified in paragraph (b) during the period so specified the person may, during the period of 28 days beginning on the expiration of the period specified in that paragraph, make a payment of a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b),

F76 [ ( cc ) a person who is served with a summons in respect of the alleged offence may, not later than 7 days before the day specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount 100 per cent greater than the prescribed amount referred to in paragraph (b) , ]

( d) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by section 35 (6)

(i) not later than 28 days after the date of the notice, to give or send to a member of the Garda Síochána or a traffic warden at a specified Garda Síochána station or at another specified place a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) to give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within his or her knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i) ,

( e) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice under paragraphs (b) and (c) or, if a payment specified in the notice is made in accordance with the notice, during the appropriate period so specified in relation to the payment, at all,

( f) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with section 35 (6) ,

F77 [ ( g ) if the registered owner complies with section 35(6) , a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated,

( gg ) if a summons has been served in respect of the alleged offence and, not later than 7 days before the day specified in the summons on which the person is required to appear in court, the person on whom the summons was served, makes a payment specified in the notice served with the summons, in accordance with that notice, the prosecution in respect of the alleged offence shall be discontinued, ]

( h) subject to paragraph (f), failure to comply with section 35(6) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.

(4) F78 [ ]

Annotations:

Amendments:

F69

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(a), S.I. No. 242 of 2017.

F70

Deleted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(a), S.I. No. 242 of 2017.

F71

Inserted (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 77(1)(e), S.I. No. 163 of 2014.

F72

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(b), S.I. No. 242 of 2017.

F73

Deleted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(c), S.I. No. 242 of 2017.

F74

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(d), S.I. No. 242 of 2017.

F75

Inserted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(e), S.I. No. 242 of 2017.

F76

Inserted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(f), S.I. No. 242 of 2017.

F77

Substituted and inserted (1.6.2017) by Road Traffic Act 2016 (21/2016), s. 25(g), S.I. No. 242 of 2017.

F78

Deleted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 25(h), S.I. No. 242 of 2017.

F79

Substituted by Road Traffic Act 2016 (21/2016), s. 36(b), not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: subs. (2)(c) and (d) substituted by Road Traffic Act 2016 (21/2016), s. 36(b), not commenced as of date of revision.

(2) If a notice is served under section 35(1)(a) or (9), it shall, without prejudice to the generality of subsection (1), contain a statement to the effect that— ...

F79 [ ( c ) if the person does not make the payment specified in paragraph (b) during the period so specified, the person may, during the period of 28 days beginning on the expiration of that period, make a payment of a fixed charge as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b) , and

( d ) 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. ]

Editorial Notes:

E48

Power pursuant to subs. (1) exercised (1.06.2017) by Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017 (S.I. No. 243 of 2017), in effect as per reg. 2.