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 F208 [ 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 F209 [ 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 F210 [ 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 F211 [ 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:

F208

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

F209

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table pt. 1, ref. no. 20, S.I .No. 86 of 2007.

F210

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table pt. 1, ref. no. 21, S.I .No. 86 of 2007.

F211

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table pt. 1, ref. no. 22, S.I .No. 86 of 2007.

F212

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

Modifications (not altering text):

C76

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 F212 [ 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— ...

C77

References to fines set down in paras. (a)-(c) construed (4.01.2011) as per indexation in Fines Act 2010 (8/2010), ss. 3, 6 and 7, S.I. No. 662 of 2010.

Definitions.

3.— In this Part— ...

“class C fine” means a fine not exceeding €2,500;

“class D fine” means a fine not exceeding €1,000;

...

“commencement date” means the date of the coming into operation of this Part;

“enactment” means—

( a) an Act of the Oireachtas,

( b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

( c) an instrument made under—

(i) an Act of the Oireachtas, or

(ii) such a statute.

Class C fines.

6.— ...

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class C fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

1.

1 January 1997 to day immediately before commencement date

Not greater than €2,500 but greater than €1,000

...

...

...

Class D fines.

7.— ...

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class D fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

1.

1 January 1997 to day immediately before commencement date

Not greater than €1,000 but greater than €500

...

...

...

Editorial Notes:

E881

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.

E882

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 pt. 1, ref. nos. 21-23, S.I. No. 491 of 2002. Fines increased as per F-notes above.

E883

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.

E884

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.