Road Traffic (Amendment) Act 1984

Increase of certain penalties under Act of 1968, etc.

4

4. (1) A person who is guilty of an offence under section 11 or 12 of the Act of 1968 shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(2) The following subsection is hereby substituted for subsection (1) of section 13 of the Act of 1968:

“(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding 2,000 kilograms in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.”.

(3) The following subsection is hereby substituted for subsection (1) of section 15 of the Act of 1968:

“(1) Where—

( a) a vehicle exceeding 17,000 kilograms in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,

( b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and

( c) the excess weight during such use was not less than 1,000 kilograms,

the court which so convicted shall, in addition to any penalty which may be imposed under section 12 of the Principal Act (as amended by the Road Traffic (Amendment) Act, 1984), impose on the owner so convicted a penalty fixed in accordance with the Table to this section.”.

(4) The following Table is hereby substituted for the Table to section 15 of the Act of 1968:

“TABLE

Where the excess weight is not less than 1,000 kilograms but is less than 2,000 kilograms

£50

Where the excess weight is not less than 2,000 kilograms but is less than 3,000 kilograms

£100

Where the excess weight is not less than 3,000 kilograms but is less than 4,000 kilograms

£250

Where the excess weight is not less than 4,000 kilograms but is less than 5,000 kilograms

£350

Where the excess weight is 5,000 kilograms or more

£650”

(5) The following subsection is hereby substituted for subsection (7) of section 18 of the Act of 1968:

“(7) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in the case of a contravention of a regulation prohibiting or restricting the giving for reward of instruction by a person other than a licensed driving instructor or prohibiting the employment of such a person for the purpose of giving instruction for reward, shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”.

(6) The following subsection is hereby substituted for subsection (2) of section 23 of the Act of 1968:

“(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.”.

Annotations:

Modifications (not altering text):

C12

Increased penalty prescribed (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(c), S.I. No. 86 of 2007.

18.— (1) A person convicted of an offence for which a penalty is provided by— ...

(c) the provision of the Road Traffic (Amendment) Act 1984 mentioned in column (2) of Part 3 of the Table ...

is, in lieu of the monetary penalty so provided, liable to the monetary penalty, specified in column (3) of the Table at that reference number.

Part 3

Road Traffic (Amendment) Act 1984

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

1

Section 4

A fine not exceeding €2,000

Editorial Notes:

E26

Previous affecting provision: increased penalty prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(c), S.I. No. 491 of 2002, superseded by C-note above.