Road Traffic Act 2010

37.

Payment of fixed charge.

37.— (1) Where a notice is served or affixed under section 35(1) or served under section 35(9)

( a) a person or the person to whom the notice applies may, during F80 [ either 28 day 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 Finance 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 F81 [ either 28 day period specified ] in the notice or, if a payment so specified is made F81 [ during either such period ] in accordance with the notice, F82 [ ] at all,

( d) in case the notice is served or affixed under section 35(1)(b) and a payment aforesaid in accordance with the notice is so made, the registered owner need not comply with section 35(6) , and

( e) if the registered owner complies with section 35 (6) , the payment aforesaid need not be made by the registered owner and a prosecution of the registered owner in respect of that alleged offence shall not be initiated.

F83 [ (2) Subject to section 44 , the payment of a fixed charge shall not be accepted after the expiration of the second 28 day period specified in the fixed charge notice. ]

Annotations:

Amendments:

F80

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 26(a), S.I. No. 242 of 2017.

F81

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 26(b)(i), (ii), S.I. No. 242 of 2017.

F82

Deleted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 26(b)(iii), S.I. No. 242 of 2017.

F83

Substituted by Road Traffic Act 2016 (21/2016), s. 26(c), not commenced as of date of revision.

F84

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

Modifications (not altering text):

C13

Prospective affecting provision: subs. (1)(a) substituted by Road Traffic Act 2016 (21/2016), s. 36(c), not commenced as of date of revision.

37.— (1) Where a notice is served or affixed under section 35(1) or served under section 35(9)

F84 [ ( 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, at the appropriate time so specified in relation to the payment, ]

...

Editorial Notes:

E49

Provision for endorsement of penalty points on payment under section made by Road Traffic Act 2002 (12/2002), s. 2(1) as substituted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 2(1), commenced on enactment.