Road Traffic Act 2010

34

Fixed charge offences.

F82[34.— (1) This Part applies in respect of fixed charge offences.

(2) For the purposes of this Part, any of the following offences, committed after this section comes into operation, is a fixed charge offence:

(a) a summary offence under the Road Traffic Acts 1961 to 2016 declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;

(b) a summary offence under the Roads Acts 1993 to 2015 declared by the Minister by regulations, made after consultation with the Minister for Justice and Equality, to be a fixed charge offence;

(c) an offence which may only be tried summarily under the Road Transport Act 1933 (or any Act construed as one with it) declared by the Minister by regulations to be a fixed charge offence;

(d) an offence which may only be tried summarily under any regulation providing for the carriage of goods or passengers by road or the harmonisation of legislation relating to road transport made under the European Communities Act 1972 declared by the Minister by regulations to be a fixed charge offence;

(e) an offence under Part 3 of the Taxi Regulation Act 2013, other than an offence punishable under section 20(4)(a) of that Act, declared by the Minister by regulations to be a fixed charge offence;

(f) an offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (other than an offence referred to in section 41 of that Act) declared by the Minister by regulations to be a fixed charge offence;

(g) an offence under Regulation 4 of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S.I. No. 831 of 2005);

(h) an offence under Regulation 5, 6, 7, 8 or 9 of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006);

(i) an offence under—

(i) section 73 of the Finance Act 1976, and

F83[(ii) paragraphs (b), (bb) and (c) of section 139(1) of the Finance Act 1992.]

(3) The Minister may make regulations for the purposes of declaring an offence to be a fixed charge offence.]

Annotations

Amendments:

F82

Substituted (1.06.2017) by Road Traffic Act 2016 (21/2016), s. 23, S.I. No. 242 of 2017.

F83

Substituted (31.07.2023) by Road Traffic and Roads Act 2023, s. 13(j), S.I. No. 392 of 2023.

Editorial Notes:

E44

Power pursuant to section exercised (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024).

E45

Previous affecting provision: power pursuant to section exercised (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), in effect as per reg. 1(2); revoked (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), reg. 3(b).

E46

Previous affecting provision: power pursuant to section exercised (1.02.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) Regulations 2021 (S.I. No. 747 of 2021), in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(e), in effect as per reg. 1(2).

E47

Previous affecting provision: power pursuant to section exercised (12.11.2019) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) (No. 2) Regulations 2019 (S.I. No. 548 of 2019), in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(d), in effect as per reg. 1(2).

E48

Previous affecting provision: power pursuant to section exercised (1.11.2019) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) Regulations 2019 (S.I. No. 507 of 2019), in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(c), in effect as per reg. 1(2).

E49

Previous affecting provision: power pursuant to section exercised (1.03.2018) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) (Amendment) Regulations 2018 (S.I. No. 58 of 2018), in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(b), in effect as per reg. 1(2).

E50

Previous affecting provision: power pursuant to section exercised (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E51

Previous affecting provisions: section amended (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 77(1)(a)-(c), S.I. No. 163 of 2014; section substituted as per F-note above.