C17

Prospective affecting provision: subs. (1A) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(i), not commenced as of date of revision.

F90[(1A) Where an officer of the Revenue Commissioners has reasonable grounds for believing that an offence under paragraph (b), (bb) or (c) of section 139(1) of the Finance Act 1992 has been committed—

(a) if the officer identifies the person, the officer shall serve, or cause to be served, personally or by post, on the person a fixed charge notice, or

(b) if the officer does not identify the person and the offence involves the use of a mechanically propelled vehicle, the officer shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.]

C18

Prospective affecting provision: subs. (2) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(ii), not commenced as of date of revision.

(2) A prosecution in respect of a fixed charge offence F91[shall not be instituted by the Garda Síochána] unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the fixed charge in accordance with the notice.

C19

Prospective affecting provision: subs. (3) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(iii)(I), (II), (III), (IV), not commenced as of date of revision.

(3) Where a fixed charge notice is being served on a person identified under subsection (1) (a) F90[or (1A)(a)] or on a registered owner where the person is not identified under subsection (1) (b), F90[or (1A)(b)] it may be served—

(a) in the case of personal service—

(i) where the person is identified, by—

(I) delivering it to the person, or

(II) leaving it at the address—

(A) at which the person ordinarily resides,

(B) which, at the time of the alleged offence, the person gave to the member referred to in subsection (1), F90[or, as the case may be, the officer referred to in subsection (1A)] or

...

(b) in the case of postal service—

(i) where the person is identified, by posting it to the address (inside or outside the State)—

(I) at which the person ordinarily resides,

(II) which, at the time of the alleged offence, the person gave to the member referred to in F85[subsection (1)] F90[or, as the case may be, the officer referred to in subsection (1A)], or

C20

Prospective affecting provision: subs. (4) deleted by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(iv), not commenced as of date of revision.

(4) F92[…]

C21

Prospective affecting provision: subs. (6) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(v), (I), (II), (III)(A), (B), not commenced as of date of revision.

(6) Where—

(a) …

(b) the registered owner of the vehicle F90[did not have possession of, or] was not driving or otherwise using the vehicle, at the time of the commission of the alleged offence to which the notice relates,

the registered owner shall—

(i) not later than 28 days after the date of the notice, give or send to a member of the Garda Síochána F90[, an officer of the Revenue Commissioners] or a traffic warden at the Garda Síochána station or other place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) give or send to a member of the Garda Síochána F90[, an officer of the Revenue Commissioners] or a traffic warden within such period as may be specified by the member F90[, officer] or warden at the Garda Síochána station or other place specified in the notice such other information within his or her knowledge or procurement as the member F90[, officer] or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person referred to in subparagraph (i).

C22

Prospective affecting provision: subs. (7) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(vi), not commenced as of date of revision.

(7) Where a registered owner is giving or sending in accordance with F91[subsection (6)(i)] the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. In a prosecution for an offence under section 40(2) in the absence of such proof it shall be presumed, until the contrary is shown, that no such name or address was so given or sent.

C23

Prospective affecting provision: subs. (8) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(vii), not commenced as of date of revision.

(8) For the purposes of F91[paragraph (i) and (ii) of subsection (6)] where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the owner.

C24

Prospective affecting provision: subs. (10) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 13(k)(viii), not commenced as of date of revision.

F90[(10) The Revenue Commissioners shall, not later than 28 days after a document referred to in subsection (6) containing the name and address of the person who had possession of, or was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to an officer of the Revenue Commissioners, cause a notice under this section to be served, personally or by post, on the person.]

C25

Prospective affecting provision: subss. (2), (3)(a)(ii) substituted by Road Traffic Act 2016 (21/2016), s. 36(a), not commenced as of date of revision.

35.— ...

F93[(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the appropriate payment of the fixed charge in accordance with the notice at the appropriate time specified in the notice in relation to the payment.]

(3) Where a fixed charge notice is being served on a person identified under subsection (1) (a) or on a registered owner where the person is not identified under subsection (1) (b), it may be served—

(a) in the case of personal service—

...

F93[(ii) where the person is not identified and the offence involves the use of a mechanically propelled vehicle, by delivering it or leaving it at the address at which the vehicle is registered at the time of the alleged offence,]

...

C26

Prospective affecting provision: application of section restricted by Road Traffic Act 1961 (24/1961), s. 101B, as substituted by Vehicle Clamping Act 2015 (13/2015), s. 32; amending section prospectively commenced (1.10.2017) by S.I. No. 211 of 2017.

Immobilisation, removal etc. of unlawfully parked vehicles.

[101B. ...

(6) Where an immobilisation device is fixed to a vehicle in accordance with this section a fixed charge notice under section 103 of this Act or section 35 of the Road Traffic Act 2010 need not be served on a person, or affixed to the vehicle concerned, in respect of the contravention unless it is contemplated that proceedings for an offence in relation to the contravention might be brought.

...]