STATUTORY INSTRUMENTS.

S.I. No. 12 of 1999.

ROAD TRAFFIC ACT, 1961 (SECTION 103) (OFFENCES) REGULATIONS, 1999.

S.I. No. 12 of 1999.

ROAD TRAFFIC ACT, 1961 (SECTION 103) (OFFENCES) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5 and 103 of the Road Traffic Act, 1961 (No. 24 of 1961) (as amended by sections 6 and 64 of the Road Traffic Act, 1968 (No. 25 of 1968) , section 74 of the Finance Act, 1976 , ( No. 16 of 1976 ), Section 10 of the Dublin Transport Authority (Dissolution) Act, 1987 ( No. 34 of 1987 ) and sections 43 and 49 of the Road Traffic Act, 1994 (No. 7 of 1994) ), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:

1. These Regulations may be cited as the Road Traffic Act, 1961 (Section 103) (Offences) Regulations, 1999.

2. In these Regulations:

“the Principal Act” means the Road Traffic Act, 1961 ;

“the Act of 1968” means the Road Traffic Act, 1968 ;

“the Act of 1976” means the Finance Act, 1976 ;

“the Act of 1984” means the Road Traffic (Amendment) Act, 1984 ;

“the Act of 1994” means the Road Traffic Act, 1994 ; and

“the Regulations of 1997” means the Road Traffic (Traffic and Parking) Regulations, 1997 ( S.I. No. 182 of 1997 ).

3. The following offences are hereby declared to be offences to which section 103 of the Principal Act applies:--

(1) an offence of contravening a regulation made under section 11 of the Principal Act (as amended by section 6 of the Act of 1968) requiring the carrying on a vehicle of an insurance disc in the prescribed form and manner;

(2) an offence under section 12 of the Principal Act (as amended by section 6 of the Act of 1968 and section 3 of the Act of 1984);

(3) an offence of contravening a bye-law or rule made under section 84 of the Principal Act (as amended by section 6 of the Act of 1968) which prohibits street service vehicles from standing for hire at a place in the area in respect of which the bye-law or rule is made, other than an appointed stand;

(4) an offence of contravening a bye-law made under section 86 of the Principal Act which--

(a) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings of the type prescribed in article 42 of the Road Traffic (Signs) Regulations, 1997 ( S.I. No. 181 of 1997 ) are provided without bringing the omnibus wholly within the area enclosed by such roadway markings, or

(b) prohibits the stopping or parking of a mechanically propelled vehicle, other than an omnibus, either wholly or partly within the area enclosed by the roadway markings (referred to in sub-paragraph (a) of this paragraph) provided at a stopping place or stand;

(5) an offence of contravening a regulation made under section 35 of the Act of 1994 which prohibits or restricts the parking of a mechanically propelled vehicle;

(6) an offence of contravening article 20, 21, 25, 26, 29, 30 or 32 of the Regulations of 1997;

(7) an offence of contravening a bye-law made under section 101 of the Principal Act (as amended by section 6 of the Act of 1968 and by section 49 of the Act of 1994);

(8) an offence under section 73 of the Act of 1976;

(9) an offence under section 47 of the Principal Act (as amended by section 26 of the Act of 1968 and by section 34 of the Act of 1994);

(10) an offence of contravening a bye-law made, or deemed to be made, under section 36 of the Act of 1994;

(11) an offence of contravening sub-article (7) of article 16 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ) (as substituted by article 4 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1991 ( S.I. No. 358 of 1991 )); and

(12) an offence of contravening article 6 or 7 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations, 1991 ( S.I. No. 359 of 1991 ).

4. The forms in the First Schedule to these Regulations or forms substantially to the like effect shall be the prescribed forms for the purpose of section 103(2) and of section 103(3) of the Principal Act.

5. The prescribed amounts for the purposes of section 103(2)(b) and of section 103(3)(b) of the Principal Act for offences declared by the Minister to be offences to which section 103 of the Principal Act applies shall be--

(a) fifty pounds in respect of an offence of contravening a regulation under section 11 of the Principal Act (as amended by section 6 of the Act of 1968) requiring the carrying on a vehicle of an insurance disc in the prescribed form and manner;

(b) fifty pounds in respect of an offence under section 12 of the Principal Act (as amended by section 6 of the Act of 1968 and section 3 of the Act of 1984);

(c) fifty pounds in respect of an offence under section 73 of the Act of 1976;

(d) fifty pounds in respect of an offence under section 47 of the Principal Act (as amended by section 26 of the Act of 1968 and by section 34 of the Act of 1994);

(e) fifty pounds in respect of an offence of contravening article 20, 21 or 30 of the Regulations of 1997;

(f) twenty pounds in respect of the offence of contravening article 25, 26, 29 or 32 of the Regulations of 1997;

(g) twenty pounds in respect of an offence of contravening sub-article (7) of article 16 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ) (as substituted by article 4 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1991 ( S.I. No. 358 of 1991 ));

(h) twenty pounds in respect of an offence of contravening article 6 or 7 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations, 1991 ( S.I. No. 359 of 1991 );

(i) twenty pounds in respect of the offence of stopping or parking during a clearway period on a part of a roadway which is a clearway in contravention of a regulation made under section 35 of the Act of 1994;

(j) twenty pounds in respect of an offence of parking on a part of a roadway which is a bus lane in contravention of a regulation made under section 35 of the Act of 1994; and

(k) fifteen pounds in respect of all other offences.

6. The Road Traffic Act 1961 (Section 103) (Offences) Regulations, 1997 ( S.I. No. 396 of 1997 ) are hereby revoked.

FIRST SCHEDULE

FORM 1

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 103 OF THE PRINCIPAL ACT IN RELATION TO OFFENCES OTHER THAN SPEEDING OFFENCES.

SERIAL NUMBER...................................

GARDA SÍOCHÁNA

Notice UNDER SUBSECTION * (2)/(3) OF SECTION 103 OF THE ROAD TRAFFIC ACT, 1961 .

or

(b) A person liable to be prosecuted.

It is alleged that+

(a) you have committed an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark--

or

(b) an offence particulars of which are given overleaf involving the use of the mechanically propelled vehicle with the above identification mark has been committed.

at............................................................ ........................on............................................................ ......................................

During the period of 21 days beginning on the date of this Notice you may pay the sum of fifteen pounds, twenty pounds, or fifty pounds, # accompanied by this Notice, to a member of the Garda Síochána or an authorised person

at............................................................ ........................Garda Station............................................................ ...............

or

............................................................ ..................................(insert details of other place)#

A presecution in respect of the alleged offence will not be instituted during the said period or, if the sum of fifteen pounds, twenty pounds, or fifty pounds # is paid during that period, no prosecution will be instituted, at all.

Signed............................................................ .Rank..................................................Date....................................................

Important: Payment will be accepted only at the Garda Síochána station or other place specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to the Member-in-Charge/Authorised Person# at ................................ A receipt for payment will be given.

Warning: It is an OFFENCE for any person, except a person to whom it applies, to remove or interfere with this Notice.

Direction for Completing this Form

FORM 2

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OF SECTION 103 OF THE PRINCIPAL ACT in relation to speeding offences.

SERIAL NUMBER...................................

GARDA SÍOCHÁNA

Notice UNDER SUBSECTION (2) OF SECTION 103 OF THE ROAD TRAFFIC ACT, 1961 .

or

(b) A person liable to be prosecuted.

It is alleged that you have committed an offence under section 47 of the Road Traffic Act, 1961 (as amended by section 26 of the Road Traffic Act, 1968 and section 34 of the Road Traffic Act, 1994 ), by driving the mechanically propelled vehicle with the above identification mark at a speed of ....... (insert speed at which vehicle was travelling) where a speed limit of ....... (insert appropriate speed limit) was in force, at ....... (insert location) at ....... (insert time) on ....... (insert date).

During the period of 21 days beginning on the date of this Notice you may pay the sum of fifty pounds, accompanied by this Notice, to a member of the Garda Síochana or an authorised person

at............................................................ ........................Garda Station............................................................ ...............

or

............................................................ ..................................(insert details of other place)#

A presecution in respect of the alleged offence will not be instituted during the said period or, if the sum of fifteen pounds, is paid during that period, no prosecution will be instituted, at all.

Signed............................................................ .Rank..................................................Date....................................................

Important: Payment will be accepted only at the Garda Síochána station or other place specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to the Member-in-Charge/Authorised Person# at ................... A receipt for payment will be given.

Warning: It is an OFFENCE for any person, except a person to whom it applies, to remove or interfere with this Notice.

Direction for Completing this Form

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations, which replace previous regulations made under the Road Traffic Act, 1961 , declare the offences to which section 103 of that Act applies.

The regulations prescribe the form of notice which may be affixed to a vehicle or given to a person by a member of the Garda Síochána or Authorised Person who alleges that an offence has been committed and the amounts which a person, who is liable to be presecuted, may pay as an alternative to the institution of a prosecution.

* Strike out whichever subsection is inappropriate, viz., where the notice is being given to a person strike out (3) and where it is being affixed to a vehicle strike out (2).

+ Where the notice is under subsection (2) the matter at (b) should be deleted and where the notice is under subsection (3) the matter at (a) should be deleted.

# Omit whichever is inappropriate.

# Omit whichever is inappropriate.

# Omit whichever is inappropriate.

# Omit whichever is inappropriate.

# Omit whichever is inappropriate.

# Omit whichever is inappropriate.