3.— (1) Where—

(a) a person who holds a specified position,

(b) a shadow operator, or

(c) in the case of a road passenger transport operator, a driver with that operator,

is or has been convicted of an offence specified in section 2(1) he or she shall inform the operator in writing of the fact of the conviction and of the details specified in paragraphs (a) to (e) of section 2(2).

(2) A person who fails to comply with subsection (1) commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.