Road Traffic Act 2010

44.

Payment of fixed charge on service of summons.

F88 [ 44. (1) Where a member of the Garda S í och á na serves a person with a summons in respect of a fixed charge offence the member shall serve, or cause to be served, on the person, a notice under this section ( section 44 notice ).

(2) A section 44 notice shall be served with, and in the same manner as, the summons in respect of the fixed charge offence to which the section 44 notice relates.

(3) A section 44 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, and

( d ) if it relates to a penalty point offence shall

(i) 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

(ii) contain a statement to the effect that if the person on whom it is served pays the fixed charge or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person.

(4) A section 44 notice 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 summons with which it is served,

( b ) the person may, not later than 7 days before the date specified in the summons on which the person is required to appear in court, make a payment of a fixed charge of an amount stated in the notice in the manner specified in the notice,

( c ) where the summons relates to a penalty point offence, if the person on whom it is served makes a payment in accordance with paragraph (b) or is convicted of that offence, different specified numbers of penalty points will be endorsed on the entry of the person, and

( d ) if the person pays the fixed charge no proceedings in respect of the alleged offence will be continued and the person need not attend the court on the day specified in the summons.

(5) The fixed charge amount stated in a section 44 notice shall be an amount 100 per cent greater than the prescribed amount stated in the fixed charge notice served on the person, in accordance with section 35, in respect of the fixed charge offence to which it relates.

(6) Where a section 44 notice is served the person to whom it applies may, during the period specified in the notice and in accordance with the notice, make a payment specified in the notice.

(7) A payment under this section

( a ) may be received only within the period referred to in subsection (4)(b) and in accordance with the section 44 notice, and

( b ) is not recoverable by the persons paying it.

(8) The person receiving a payment under this section may issue a receipt for it.

(9) Where a person who has been served with a summons accompanied by a section 44 notice makes a payment of a fixed charge in accordance with the notice, proceedings in respect of the alleged offence to which the notice relates shall be discontinued.

(10) Where a person is served with a summons accompanied by a section 44 notice in respect of a fixed charge offence, it shall not be a defence for the person served with the summons to show that he or she was not served with a fixed charge notice in respect of the alleged offence in accordance with section 35 .

(11) In this section summons means a summons issued under

( a ) section 10 of the Petty Sessions (Ireland) Act 1851 , or

( b ) the Courts (No. 3) Act 1986 . ]

Annotations:

Amendments:

F88

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 27, S.I. No. 242 of 2017.

Editorial Notes:

E54

Power pursuant to subs. (3) exercised (11.07.2017) by Road Traffic Act 2010 (Section 44(3)) (Prescribed Notice) Regulations 2017 (S.I. No. 300 of 2017).

E55

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.