Taxi Regulation Act 2013

48.

F43 [ Fixed payment notices

48. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 7(5) or (7) , 8(8) , 9(6) , 11(4) , 17(4) , 20(4) (b) , 23(1) or (4) , 24(7) or (9) , 25(9) or (10) , 26(4) , 27(2) , 29(6) , 31(2) , 37(3) , 43(1) in respect of a failure to comply with a requirement under section 41 , 66(5) or 68(3) ( fixed payment offence ) he or she may serve personally or by post on the person a notice ( fixed payment notice ) in the prescribed form stating

(a) that the person is alleged to have committed the offence specified in the notice,

(b) that the person may, during the period of 28 days beginning on the date specified in the notice, make to the Authority at the address specified in the notice a payment of a prescribed amount accompanied by the notice, duly completed,

(c) that if the person does not make the payment specified in paragraph (b) , during the period so specified, accompanied by the notice, duly completed, the person may during the period of 28 days beginning on the expiration of that period, make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b) , accompanied by the notice, duly completed,

(d) if the alleged offence relates to a demerit offence (within the meaning of Part 5 ), that if the person on whom it is served makes a payment specified in the notice accompanied by the notice, duly completed, or is convicted of the offence concerned, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of Part 5 ) of the person,

(e) that the person is not obliged to make the payment, and

(f) that a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice under paragraphs (b) and (c) and, if a payment specified in the notice accompanied by the notice, duly completed, is made during the appropriate period so specified in relation to the payment, no prosecution in respect of the alleged offence will be instituted.

(2) Where notice is given under subsection (1)

(a) the person to whom the notice applies may, during the period specified in the notice, make to the Authority at the address specified in the notice the payment specified in the notice at the appropriate time so specified in relation to the payment, accompanied by the notice, duly completed,

(b) the Authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence to which the notice relates will not be instituted during the periods specified in the notice under paragraphs (b) and (c) of subsection (1) and, if a payment so specified is made accompanied by the notice, duly completed, during the appropriate period so specified in relation to the payment, no prosecution in respect of the alleged offence will be instituted.

(3) In a prosecution for a fixed payment offence the onus of proving that a payment made pursuant to a fixed payment notice has been made lies on the defendant.

(4) In any proceedings in respect of a fixed payment offence a document purporting to be a certificate of receipt of posting or delivery by or on behalf of An Post or another postal service is evidence of the posting or delivery of the fixed payment notice concerned.

(5) Regulations under subsection (1) prescribing an amount for a fixed payment offence may prescribe, in accordance with subsection (6) , different fixed payment amounts in relation to

(a) different offences and, in the case of an offence under section 20(4) (b) , in relation to different contraventions, and

(b) such offences involving different categories of small public service vehicle and to such contraventions committed in different areas.

(6) Where the Authority prescribes the amount of a payment for a fixed payment offence pursuant to a fixed payment notice, the amount shall not exceed, where the fine to which a person would be liable on summary conviction of the alleged offence is

(a) a class A fine, 500,

(b) a class B fine, 400,

(c) a class C fine, 250,

(d) a class D fine, 100, or

(e) a class E fine, 50.

(7) The Authority may make regulations prescribing any matter referred to in this section as prescribed or to be prescribed.

(8) Income generated by the payment of prescribed amounts under this section pursuant to a fixed payment notice shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.

(9) Where a person is served with a summons in respect of an alleged offence referred to in subsection (1) , evidence given by the person that he or she was not served with a fixed payment notice in accordance with this section in respect of the alleged offence is not a defence to the alleged offence. ]

Annotations:

Amendments:

F43

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 3, commenced on enactment.

Editorial Notes:

E18

Power pursuant to section exercised (12.05.2016) by Taxi Regulation (Small Public Service Vehicle) Regulation 2016 (S.I. No. 236 of 2016).

E19

Power pursuant to section exercised (31.01.2015) by Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015), in effect as per reg. 2.