State Airports Act 2004
27A. (1) Where a fixed payment notice is affixed to a mechanically propelled vehicle or served on the registered owner of the vehicle in accordance with section 27(2)(b)(ii) in respect of an alleged offence under section 15(9) for contravening a provision of bye-laws under that section relating to the parking of the vehicle at an airport F22[or an offence under section 47 (4) of the State Airports (Shannon Group) Act 2014 for a contravention of subsection (1)(a) of that section where the person in apparent control of the vehicle concerned allegedly leaves the vehicle or the vicinity of the vehicle,] the notice shall contain or be accompanied by a statement requiring the registered owner, if he or she wishes to show—
(a) that he or she was not at the time of the commission of the alleged offence concerned driving, in control of or otherwise using the vehicle, and
(i) the use of the vehicle was authorised by the registered owner, the name and address of the person in control of the vehicle at the material time, or
(ii) such use was unauthorised, that fact,
give or send, not later than 21 days after the date of service on the registered owner of the notice, to an authorised officer at the address contained in the notice, a declaration, in the manner specified in the notice, signed by the registered owner, stating such.
(2) An authorised officer may require such reasonable information of the person on whom the fixed payment notice referred to in subsection (1) is served as to the whereabouts of the person in control of the vehicle at the time of the commission of the alleged offence.
(3) Where the registered owner of the mechanically propelled vehicle concerned does not give or send to an authorised officer the information specified in subsection (1)(b)(i) or (2), then, in a prosecution of that registered owner for the offence to which the fixed payment notice relates, it shall be presumed, until the contrary is shown that he or she was driving, in control of or otherwise using the vehicle at the time of the commission of the alleged offence.
(4) Where the registered owner of a mechanically propelled vehicle complies with a requirement of this section, to the satisfaction of an authorised officer, the payment of the relevant amount specified in the the fixed payment notice need not be made by the registered owner and a prosecution of the registered owner in respect of the alleged offence to which the notice relates shall not be initiated.
(5) A person who gives information in a declaration under subsection (1) or upon a requirement under subsection (2), which he or she knows is false or misleading, commits an offence and is liable on summary conviction to a class D fine.]
Substituted (27.07.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 51, commenced on enactment.
Inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 7, commenced on enactment.