Taxi Regulation Act 2013

77.

Amendment of Part 3 of Act of 2010

77. (1) Part 3 (which relates to fixed charge offences) of the Act of 2010 is amended—

(a) in section 34, by substituting for paragraph (b) the following:

“(b) such offences which may only be tried summarily under—

(i) the Road Transport Act 1933 (including any Act construed as one with it), or

(ii) any regulation made under the European Communities Act 1972 providing for the carriage of goods or passengers by road or the harmonisation of legislation relating to road transport,

as may be declared by the Minister by regulations to be fixed charge offences,”,

(b) in section 34, by substituting for paragraph (c) the following:

“(c) an offence—

(i) under section 20(4)(b) of the Taxi Regulation Act 2013 in respect of such contraventions of regulations made under that section, or

(ii) under such other provisions of Part 3 of the Taxi Regulation Act 2013,

as may be declared in regulations made by the Minister to be a fixed charge offence,”,

(c) in section 34, by substituting “paragraph (a), (b) or (c)” for “paragraph (a) or (b)” and deleting “(c),” before “(d), (e)”,

(d) in section 35, by substituting for subsection (5) the following:

“(5) In a case referred to in subsection (1) the references in that subsection to a member of the Garda Síochána (other than in paragraph (b)) are to be read as including references—

(a) if the offence is an offence referred to in section 34(b), to a transport officer appointed under section 15 (inserted by section 117 of the Dublin Transport Authority Act 2008) of the Road Transport Act 1986, or

(b) if the offence is an offence referred to in section 34(c), to an authorised person appointed under section 40 of the Taxi Regulation Act 2013.”,

and

(e) in section 36, by inserting after subsection (1) the following:

“(1A) A fixed charge notice relating to an offence declared under section 34(c) to be a fixed charge offence and which is a demerit offence (within the meaning of Part 5 of the Taxi Regulation Act 2013), shall contain a statement to the effect that if the person on whom it is served makes the appropriate payment specified in subsection (2) of section 35 in accordance with that subsection or is convicted of the offence, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of section 33 of the Taxi Regulation Act 2013) of the person.”.

(2) F46 [ ]

(3) F46 [ ]

(4) Subsections (2) and (3) stand repealed on the commencement of paragraphs (a) and (b) of section 49 of the Act of 2010.

Annotations:

Amendments:

F46

Repealed (1.06.2017) as per subs. (4) upon commencement of Road Traffic Act 2010 (25/2010), s. 49(a) and (b), S.I. No. 241 of 2017.

Editorial Notes:

E23

Power pursuant to subs. (2) exercised (14.11.2014) by Road Traffic Acts 1961 to 2014 (Small Public Service Vehicle) (Fixed Charge Offences) Regulations 2014 (S.I. No. 507 of 2014), in effect as per reg. 1(2).