Road Traffic Act 1961

General penalty.

102

102.Where a person is guilty of an offence under any section or subsection of a section of F214[the Road Traffic Acts, 1961 to 1994] and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction—

(a) in the case of a first offence under that section or subsection—to F215[a fine not exceeding 1,000],

(b) in the case of a second offence under that section or subsection, or of a third or subsequent such offence other than an offence referred to in the next paragraph—to F216[a fine not exceeding 2,000], and

(c) in the case of a third or subsequent offence under that section or subsection which is the third or subsequent such offence in any period of twelve consecutive months—to F217[a fine not exceeding 2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

Annotations

Amendments:

F214

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(k), S.I. No. 222 of 1994.

F215

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 20, S.I .No. 86 of 2007. A fine of €1,000 translates into a class D fine not exceeding €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(3) and table ref. no. 1, S.I. No. 662 of 2010.

F216

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 21, S.I .No. 86 of 2007. A fine of €2,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F217

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 22, S.I .No. 86 of 2007. A fine of €2,000 translates into a class C fine not exceeding €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F218

Substituted by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced as of date of revision.

Modifications (not altering text):

C77

Prospective affecting provision: section amended by Road Traffic Act 2002 (12/2002), s. 25(1), not commenced as of date of revision.

102.Where a person is guilty of an offence under any section or subsection of a section of F218[this Act] and, apart from this section and disregarding any disqualification that may be capable of being imposed, no penalty is provided for the offence, such person shall be liable on summary conviction— ...

Editorial Notes:

E904

Penalty under section may be supplemented by penalty under Road Traffic Act 1968 (25/1968), s. 56(1) as substituted (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 33(10), S.I. No. 357 of 1986.

E905

Previous affecting provision: fines in paras. (a)-(c) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1, ref. nos. 21-23, S.I. No. 491 of 2002. Fines increased as per F-notes above.

E906

Previous affecting provision: section amended (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(k), S.I. No. 222 of 1994. Section amended as per above F-note.

E907

Previous affecting provision: fines in paras. (a)-(c) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 2, commenced on enactment. Fines increased as per E-notes above.