Road Traffic Act 2010

40

Offences in relation to fixed charge notices.

40.— (1) A notice which is affixed to a mechanically propelled vehicle under section 35(1) shall not be removed or interfered with except by a person to whom the notice applies.

(2) A person who contravenes section 35(6) (subject to section 37(1)(e)) or subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) It shall be a defence for a person charged with an offence under subsection (2) consisting of a contravention of section 35(6) for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information.

(4) In a prosecution for an offence under subsection (2) consisting of a contravention of section 35(6), it shall be presumed, until the contrary is shown, that the accused person was served with the fixed charge notice in accordance with section 35(1)(b) to which the offence relates.

(5) In a prosecution of a person for—

(a) the alleged offence to which a fixed charge notice, served on the registered owner of a mechanically propelled vehicle, relates, or

(b) an offence under subsection (6),

a document, purporting to be a document under section 35(6) stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence referred to in paragraph (a) and to be signed by that registered owner, given or sent under paragraph (b) of that subsection by that owner to a member of the Garda Síochána or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a), shall be admissible as evidence, until the contrary is shown, of the facts stated in it.

(6) A person who, under section 35(6), gives or sends to a member of the Garda Síochána or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction to a fine not exceeding €2,000.

(7) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (2) consisting of a contravention of section 35(6) or an offence under section 38(4) may be brought at any time within 2 years from the date on which the offence was committed.

Annotations

Amendments:

F114

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 13(n)(i), (ii)(I) not commenced as of date of revision.

F115

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 13(n)(ii)(II), (iii), not commenced as of date of revision. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C31

Prospective affecting provision: subss. (5), (6), (7) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(n)(i), (ii)(I), (II), (iii), not commenced as of date of revision.

(5) …

a document, purporting to be a document under section 35(6) stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence referred to in paragraph (a) and to be signed by that registered owner, given or sent under paragraph (b) of that subsection by that owner to a member of the Garda Síochána F114[, an officer of the Revenue Commissioners] or a traffic warden shall, until the contrary is shown, be deemed to be such a document and to be so signed and, in case the prosecution is for the offence referred to in paragraph (a), shall be admissible as evidence, until the contrary is shown, of the facts stated in it.

(6) A person who, under section 35(6), gives or sends to a member of the Garda SíochánaF114[, an officer of the Revenue Commissioners] or a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading commits an offence and is liable on summary conviction F115[to a class C fine].

(7) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under subsection (2) consisting of a contravention of section 35(6) F115[“, an offence under section 38(4) or an offence under subsection (6)] may be brought at any time within 2 years from the date on which the offence was committed.