Penalty Notices

REVISED

Updated to 31 July 2023

AN ACT TO AMEND AND EXTEND THE ROAD TRAFFIC ACTS, 1961 to 1995. [10th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Prospective affecting provision: application of collectively cited Road Traffic Acts affected by Road Traffic Act 2010 (25/2010), s. 82(1), not commenced as of date of revision.

Cost of prosecutions — road traffic offences.

82.—(1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2010 committed after the commencement of this section, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the court the costs and expenses, measured by the court, incurred in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples and the carrying out of tests, examinations and analyses.

…

C2
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87(1), S.I. No. 543 of 2011; as substituted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 23, S.I. No. 147 of 2014.

Exemptions for emergency vehicles.

87.—[(1)Requirements under the Road Traffic Acts 1961 to 2010 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49, 50, 51A, 52 and 53 of the Principal Act, sections 12, 13 and 15 of the Act of 1994 and sections 4, 5, 11, 12 and 14 of this Act, do not apply to—

(a) the driving or use by a member of the Garda Síochána, an ambulance service (provided by a pre-hospital emergency care service provider recognised by the Pre-Hospital Emergency Care Council established by the Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000 )) or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) of a vehicle in the performance of the duties of that member, or

(b) a person driving or using a vehicle under the direction of a member of the Garda Síochána,

where such use does not endanger the safety of road users.]

C3
Application of collectively cited Road Traffic Acts 1961 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— …

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

…

SECOND SCHEDULE

Number

Year

Short Title/Citation

…

…

…

…

…

Road Traffic Acts 1961 to 2010

…

C4
Term “Commissioner” construed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 83(1), S.I. No. 255 of 2011.

Functions of Commissioner of Garda Síochána.

83.— (1) Any reference to the Commissioner in the Road Traffic Acts 1961 to 2010 or the Roads Acts 1993 to 2007 is to be read as a reference to the Commissioner or another member of the Garda Síochána not below the rank of Chief Superintendent authorised by the Commissioner to act or carry out a function or requirement on his or her behalf.

…

C5
Term “provisional licence” construed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(3), S.I. No. 718 of 2007.

Learner permit.

11.— …

(3) A reference to a provisional licence in the Road Traffic Acts 1961 to 2006 or an instrument made thereunder is to be read as a reference to a learner permit.

…

C6
Application of collectively cited Road Traffic Acts 1961 to 2006 extended (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 2, S.I. No. 384 of 2006.

Regulations to give effect to acts of European Communities.

2.— The power to make regulations under the Road Traffic Acts 1961 to 2006 includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities.

C7
Application of collectively cited Road Traffic Acts 1961 to 2002 modified by Local Authorities (Traffic Wardens) Act 1975 (14/1975), s. 3(1), as substituted (3.04.2006) by Road Traffic Act 2002 (12/2002), s. 12(1), S.I. No. 134 of 2006.

Provisions applying to certain offences relating to vehicles.

[3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

(b) The offences referred to in paragraph (a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

…]

C8
Functions in relation to collectively cited Road Traffic Acts 1961 to 2002 transferred from Department of and Minister for Environment and Local Government to Department of and Minister for Public Enterprise and terms construed (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). Note: name of Department of and Minister for Public Enterprise changed to Department of and Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002); name further changed to Department of and Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).

3.(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of Public Enterprise.

(2) References to the Department of the Environment and Local Government contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Public Enterprise.

4. (1) The functions vested in the Minister for the Environment and Local Government—

(a) by or under—

(i) the Road Traffic Acts 1961 to 2002,

…

are transferred to the Minister for Public Enterprise.

(2) References to the Minister for the Environment and Local Government contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Public Enterprise.

C9
Terms “road” and “public place” construed (11.09.1998) by Air Navigation and Transport (Amendment) Act 1998 (24/1998), s. 59, S.I. No. 327 of 1998.

Road for purposes of Road Traffic Acts, 1961 to 1995.

59.—For the avoidance of doubt it is hereby declared that—

(a) the word “road” includes, for the purposes of the provisions of the Road Traffic Acts, 1961 to 1995, or any regulations made thereunder, a road in a State airport, and

(b) a State airport is, for the purposes of any enactment, a public place.

C10
Application of collectively cited Road Traffic Acts 1961 to 1987 modified (1.01.1994) by Roads Act 1993 (14/1993), ss. 17(4), 23(1), S.I. No. 406 of 1993.

Functions generally of the Authority.

17.—…

(4) The Minister may make regulations providing that any function relating to national roads conferred on him or on a road authority under any enactment (including this Act), or on the Commissioner under the Road Traffic Acts, 1961 to 1987, shall, where the Minister is satisfied that the function could be more effectively performed by the Authority, in lieu of being performed by him or by that authority or by the Commissioner, be performed by the Authority with effect from a date specified in the regulations.

…

The Authority and traffic management.

23.—(1) The Authority may at any time make recommendations in writing to the Commissioner in relation to the performance of his functions under the Road Traffic Acts, 1961 to 1987 and the Commissioner shall have regard to such recommendations in the performance of his functions.

…

C11
Term “class of mechanically propelled vehicles” in collectively cited Road Traffic Acts 1961 to 1984 construed (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), reg. 2.

2. A reference in the Road Traffic Acts, 1961 to 1984, to a class of mechanically propelled vehicles shall be construed as a reference to a class or category of such vehicles and cognate words and expressions shall be construed accordingly.

Editorial Notes:

E1
Records of Medical Bureau of Road Safety performing certain functions under collectively cited Road Traffic Acts 1961 to 2014 exempted from application of Freedom of Information Act 2014 (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 6 and sch. 1 part 1(u), commenced as per s. 1(2).

E2
Previous affecting provision: application of collectively cited Road Traffic Acts 1961 to 2004 restricted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 27, S.I. No. 26 of 2005; s. 27 repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 87, S.I. No. 543 of 2011.

E3
Previous affecting provision: a record held or created by the Medical Bureau of Road Safety under the Road Traffic Acts 1961 to 2010 was exempted from application of Freedom of Information Act 1997 by Freedom of Information Act 1997 (13/1997), s. 46(1)(bb) as inserted (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 26(5), S.I. No. 394 of 2010; 1997 Act repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

Section 1

Interpretation.

1.—(1) In this Act, save where the context otherwise requires—

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

“the Act of 1975” means the Local Authorities (Traffic Wardens) Act, 1975;

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

“the Acts” means the Road Traffic Acts, 1961 to 1995;

“appeal” includes an appeal by way of case stated;

“appropriate date” shall be construed in accordance with section 7;

“entry”, in relation to a person, means the entry in the licence record relating to the person;

F1[“Irish licence” means an Irish driving licence or a learner permit granted under Part III of the Principal Act;]

F2[“licence” means an Irish licence or a foreign driving licence, as the case may be;]

“licence record” means the record jointly established and maintained by the Minister and all the licensing authorities under section 60(2) of the Finance Act, 1993, in relation to licences;

“penalty point” means a point specified in column (4) or (5) of the First Schedule;

“penalty point offence” means an offence specified in column (2) of the First Schedule committed after the commencement of section 2;

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

(2) A word or expression that is used in this Act and is also used in the Principal Act has in this Act, unless the context otherwise requires, the same meaning as it has in the Principal Act.

(3) In this Act—

(a) a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment or instrument made under statute shall be construed as a reference to that enactment or instrument as amended, adapted or extended by or under any subsequent enactment or instrument made under statute.

Annotations

Amendments:

F1
Inserted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(a)(i), S.I. No. 147 of 2014.

F2
Substituted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(a)(ii), S.I. No. 147 of 2014.

Editorial Notes:

E4
Previous affecting provision: section amended by Road Traffic Act 2010 (25/2010), s. 53(1), not commenced; repealed and superseded (1.08.2014) by Road Traffic Act 2014 (3/2014), ss. 7, 8, S.I. No. 147 of 2014.

E5
Previous affecting provision: definition of licence amended (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(2), S.I. No. 718 of 2007; superseded (1.08.2014) as per F-note above.

Section 1A 1A 1A
F3[

Records — foreign driving licence holders and unlicensed drivers.

1A.— …]

Annotations

Amendments:

F3
Inserted by Road Traffic Act 2010 (25/2010), s. 53(2), not commenced; s. 53 repealed (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 7, S.I. No. 147 of 2014.

Section 2
Endorsement of penalty points.

2.—F4[(1) Where a person makes a payment under section 103 (inserted by section 11) of the Principal Act or under section 37 or 44 of the Road Traffic Act 2010 in respect of an alleged penalty point offence (other than such an offence specified at reference number 2A, 3, 8, 9, 10, 12, 14 or 19 in column (2) of Part 1 of the First Schedule), the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2), standing so specified on the day of the commission of the alleged offence, shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the alleged offence.]

(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule F5[, standing so specified on the day of the commission of the alleged offence,] shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence.

(3) (a) Where a person, whether on the same occasion or not—

(i) makes 2 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, or

(ii) is convicted of 2 or more penalty point offences committed on the same occasion,

penalty points in respect of one only of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry relating to the person.

(b) Where a person, whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more penalty point offences and the alleged penalty point offences concerned and the penalty point offences were committed on the same occasion, penalty points in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry relating to the person.

(4) In a case referred to in subsection (3)—

(a) if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry, and

(b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.

(5) Upon the making of a payment referred to in subsection (1) to a member of the Garda Síochána F6[or a person appointed under section 103 of the Principal Act], the Commissioner F6[or a person appointed under section 103 of the Principal Act] shall, as soon as may be after the payment, cause the Minister to be notified of the payment and, thereupon, subject to subsections (3), (7) and (8), the Minister shall cause the appropriate number of penalty points to be endorsed on the entry concerned.

(6) F7[(a) Where a person is convicted of a penalty point offence, the Minister shall be notified of the conviction by the Courts Service—

(i) in case an appeal is brought against the conviction and it is determined against the person, as soon as may be after such determination, and

(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.]

(b) Where the conviction of a person of a penalty point offence is reversed on appeal, it shall not be necessary to notify the Minister of the conviction.

(c) Upon the receipt by the Minister of a notification under paragraph (a), the Minister shall, subject to subsections (3), (7) and (8), cause the appropriate number of penalty points to be endorsed on the entry concerned.

F8[(7) If an entry in relation to a person cannot be identified or does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it pursuant to subsection (5) or (6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed.]

(8) Where, upon conviction of a person of a penalty point offence, an ancillary disqualification order is made in respect of the person, penalty points in respect of the offence shall not be endorsed on the entry of the person.

(9) The particulars stated in column (3) of the First Schedule are inserted solely to facilitate reference to and identification of the provisions specified in column (2) of that Schedule and, accordingly, nothing contained in the said column (3) shall affect the construction or limit or control the operation of this section or that Schedule.

(10) F9[…]

Annotations

Amendments:

F4
Substituted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 2(1), commenced on enactment.

F5
Inserted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 2(2), commenced on enactment.

F6
Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 16(a), S.I. No. 26 of 2005.

F7
Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 16(b), S.I. No. 26 of 2005.

F8
Substituted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(b)(ii), S.I. No. 147 of 2014.

F9
Repealed (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 5(2), S.I. No. 147 of 2014.

Modifications (not altering text):

C12
Certain endorsements deemed to be made pursuant to subs. (5) (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 3(3), commenced on enactment.

Endorsement of certain penalty points

3. …

(3) Where, at any time during the period from 1 August 2014 until the passing of this Act, a payment was made by a person under section 103 (inserted by section 11 of the Act of 2002) of the Road Traffic Act 1961 in respect of an alleged penalty point offence (other than such an offence specified at reference number 2A, 3, 8, 9, 10, 12, 14 or 19 in column (2) of Part 1 of the First Schedule to the Act of 2002) and if, upon the making of that payment to a member of the Garda Síochána or a person appointed under the said section 103, the Commissioner of the Garda Síochána or a person appointed under the said section 103 caused the Minister to be notified of the payment but no penalty points were caused to be endorsed on the entry relating to the person in respect of that alleged offence, the Minister shall, as soon as may be after the passing of this Act (subject to and in accordance with the provisions of the Act of 2002, other than section 2(5) ) cause to be endorsed on the entry relating to the person, the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2), standing so specified on the day of the commission of the alleged offence, in respect of that offence, and such endorsement is deemed to be an endorsement pursuant to section 2(5) of the Act of 2002.

C13
Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

(10) …

Editorial Notes:

E6
Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E7
Previous affecting provision: subs. (1) amended (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(b)(i), S.I. No. 147 of 2014; superseded as per F-note above.

E8
Previous affecting provision: subs. (1) amended (17.12.2014) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 44(a), S.I. No. 508 of 2014; superseded as per F-note above.

E9
Previous affecting provision: subs. (1) amended (1.05.2009) by Road Traffic Act 2006 (23/2006), s. 16(1), S.I. No. 148 of 2009; superseded as per F-note above.

E10
Previous affecting provision: subss. (1) and (7) amended by Road Traffic Act 2010 (25/2010), s. 53(3)(a) and (b), not commenced; s. 53 repealed and superseded as per F-note above.

E11
Previous affecting provision: subs. (10) inserted (22.12.2012) by Road Traffic Act 2010 (25/2010), s. 53(3)(c), S.I. No. 560 of 2012; deleted as per F-note above.

Section 3

Disqualification by reason of penalty points.

3.—F10[(1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed—

(a) equals or exceeds 12, or

(b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly.]

(2) At the end of a period of disqualification pursuant to subsection (1) the Minister—

(a) shall cause to be removed from the entry concerned penalty points standing endorsed on it on the date of the notice under section 5 relating to the disqualification, and

(b) shall cause a notice to be given or sent, by post or otherwise, to the person to whom the entry relates—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty points the subject of the removal.

Annotations

Amendments:

F10
Substituted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(c), S.I. No. 147 of 2014.

Modifications (not altering text):

C14
Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, Establishment Day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by Establishment Day order S.I. No. 462 of 2006.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

…

Editorial Notes:

E12
Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E13
Previous affecting provision: subs. (1) amended (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 64(2), S.I. No. 543 of 2011; superseded as per F-note above.

Section 4

Period of endorsement of penalty points.

4.—Penalty points endorsed on the entry of a person shall, subject to section 3(2), remain on the entry for a period of 3 years beginning on the appropriate date, and the Minister shall—

(a) cause the penalty points to be removed from the entry at the end of that period, and

(b) cause a notice to be given or sent, by post or otherwise, to the person—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty points the subject of the removal.

Annotations

Modifications (not altering text):

C15
Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, Establishment Day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by Establishment Day order S.I. No. 462 of 2006.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

…

Editorial Notes:

E14
Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

Section 5

Notification to licence holder of endorsement of penalty points.

5.—(1) When penalty points are endorsed on the entry of a person, the Minister shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—

(a) to the effect that the number of penalty points specified in the notice has been endorsed on the entry relating to the person following—

(i) the making by the person of a payment referred to in section 2(1), or

(ii) the conviction of the person of a penalty point offence,

and that, subject to section 3(2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and

F11[(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number—

(i) equals or exceeds 12, or

(ii) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing authority not later than 14 days from that date.]

(2) When a notice is given or sent to a person under subsection (1), the Minister shall cause particulars of the notice, including its date, to be entered on the entry relating to the person.

(3) A person who does not comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection shall be guilty of an offence.

Annotations

Amendments:

F11
Substituted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(d), S.I. No. 147 of 2014.

Modifications (not altering text):

C16
Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

…

Editorial Notes:

E15
Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E16
Previous affecting provision: subs. (1)(b) amended (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 52(a), S.I. No. 5 of 2013; superseded as per F-note above.

Section 6

Interruption of period of endorsement of penalty points or disqualifications under section 3.

F12[6.—(1) Where, during the period of 3 years for which penalty points stand endorsed on the entry of a person or the period of 6 months for which a person stands disqualified pursuant to section 3 for holding a licence, the person—

(a) becomes disqualified pursuant to Part III of the Principal Act, section 29 of the Act of 2010 or section 40 of the Act of 2016, or

(b) ceases to be the holder of a licence,

no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 3 years or part of the period of 6 months, and the date of the ending of the two latter periods shall be determined accordingly.

(2) Where, during the period when a person—

(a) is disqualified pursuant to Part III of the Principal Act, section 29 of the Act of 2010 or section 40 of the Act of 2016, or

(b) ceases to be the holder of a licence,

penalty points are endorsed on the entry of the person, no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 3 years for which the penalty points stand endorsed on the entry and, should the person, in consequence of the endorsement of the penalty points, stand disqualified pursuant to section 3, no part of the period of the disqualification referred to in paragraph (a) or the cesser referred to in paragraph (b), as the case may be, shall be reckoned as part of the period of 6 months of that disqualification.]

Annotations

Amendments:

F12
Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 12(a), S.I. Np. 392 of 2023, art. 2(d).

Editorial Notes:

E17
Previous affecting provision: para. (a) substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 3(a), S.I. No. 405 of 2018; section substituted (31.07.2023) as per F-note above.

E18
Previous affecting provision: section substituted by Road Traffic Act 2010 (25/2010), s. 53(4), not commenced; s. 53 repealed (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 7, S.I. No. 147 of 2014.

Section 7

The appropriate date.

7.—(1) In this Act, subject to the provisions of this section, the appropriate date, in relation to penalty points, is the date that is 28 days from the date of the notice under section 5 relating to the penalty points; and, for the purposes of the application of this section to section 3(1), the notice under section 5 is that relating to the penalty points concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 3(1) of the person to whom the entry relates.

(2) Where, but for this subsection, the appropriate date would fall on a day in a period when the person concerned stands disqualified pursuant to F13[section 3, Part III of the Principal Act or section 29 of the Road Traffic Act 2010 for holding a licence], or is otherwise not the holder of a licence, the appropriate date shall fall on the day immediately after the end of the period aforesaid or, as the case may be, the day on which the person becomes such a holder.

(3) If a court enlarges the time for instituting an appeal against a conviction for penalty point offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the penalty points concerned—

(a) (i) the period of 6 months specified in section 3, or

(ii) the period of 3 years specified in section 4,

or both such periods shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or

(b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of 2 discontinuous periods so stated.

F14[(4) Where an order is made under subsection (3), the Minister shall be notified by the Courts Service.]

(5) In relation to a case in which an order is made under subsection (3), subsections (1) and (2), as may be appropriate, shall be construed in accordance with the order.

(6) (a) In any proceedings, a certificate signed by an officer of the Minister authorised by the Minister in that behalf and stating—

(i) that he or she has examined the entry relating to a person,

(ii) that a penalty point was endorsed on the entry on a specified date, and

(iii) the date of the notice under section 5 relating to the penalty point,

shall be admissible as evidence of those facts.

(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.

Annotations

Amendments:

F13
Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 3(b), S.I. No. 405 of 2018.

F14
Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 17, S.I. No. 26 of 2005.

Modifications (not altering text):

C17
Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006.

Functions of Authority.

4.— …

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

…

Editorial Notes:

E19
Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

Section 8

Endorsement of certain convictions and disqualifications on entries.

8.—For the purpose of enabling the convictions and the disqualification orders referred to in subsections (3) and (4) of section 36 of the Principal Act to be endorsed on the entries of those concerned in lieu of being endorsed on the licences held by them, the following amendments of the said section 36 are made as respects such convictions occurring, and such orders made, after the commencement of this section—

(a) the references in those subsections to an order directing particulars of a conviction or of a disqualification order to be endorsed on the licence held by a person or, if the person is not the holder of a licence but subsequently a licence is granted to him or her, on that licence are construed as references to an order directing that those particulars be endorsed on the entry then existing or subsequently made in relation to the person, and

(b) the following subsections are added to the said section 36:

“(6) In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.

(7) Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) or (4) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.

(8) The appropriate court registrar or court clerk or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of an order under subsection (3) or (4) of this section, of the suspension or postponement under the said subsection (3) or (4) of such an order and of an order under section 29 of this Act removing a disqualification referred to in that section.

(9) In this section, ‘entry’ has the meaning assigned to it by the Road Traffic Act, 2002.”.

Section 9
Disqualification pursuant to European Convention on Driving Disqualifications.

9.—F15[…]

Annotations

Amendments:

F15
Repealed (1.08.2017) by Road Traffic Act 2016 (21/2016), s. 41, S.I. No. 301 of 2017.

Editorial Notes:

E20
Previous affecting provision: subs. (1) amended (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 52(b), S.I. No. 5 of 2013; section repealed as per F-note above.

E21
Previous affecting provision: subss. (9), (12)(a) amended (9.08.2010) by Road Traffic Act 2010 (25/2010), s. 68, S.I. No. 394 of 2010; section repealed as per F-note above.

E22
Previous affecting provision: functions under section transferred to Road Safety Authority (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2 ; section repealed as per F-note above.

E23
Previous affecting provision: definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006; section repealed as per F-note above.

E24
Previous affecting provision: susb. (1)(a) substituted (31.05.2006) by Road Safety Authority Act 2006 (14/2006), s. 38, commenced on enactment; section repealed as per F-note above.

E25
Previous affecting provision: subss. (8), (9)(a) substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 25, S.I. No. 26 of 2005; section repealed as per F-note above.

Section 10
Obligation to provide preliminary breath specimen.

10.—

F16[…]
Annotations

Amendments:

F16
Repealed (1.12.2003) by Road Traffic Act 2003 (37/2003), s. 4, S.I. No. 647 of 2003.

Section 11
Fixed charge offences.

11.—F17[…]

Annotations

Amendments:

F17
Repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(b), S.I. No. 241 of 2017.

Section 12

Amendment of Act of 1975.

12.—(1) The following section is substituted for section 3 of the Act of 1975:

“3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

(b) The offences referred to in paragraph (a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

(ii) the offence under section 18 of the Principal Act of contravening article 5 (prohibition of use of vehicles not displaying valid test disc) of the Road Traffic (National Car Test) Regulations, 1999 (S.I. No. 395 of 1999),

(iii) an offence under section 73 of the Finance Act, 1976,

(iv) the offence under section 13 of the Roads Act, 1920, of using a vehicle for which a licence under the Finance (Excise Duties) (Vehicles) Act, 1952, is not in force,

(v) the offence under regulations under the Roads Act, 1920, of not fixing to and exhibiting on a vehicle in the manner prescribed by those regulations of a licence in respect of the vehicle for the time being in force taken out under the Finance (Excise Duties) (Vehicles) Act, 1952.

(2) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the warden identifies the person, the warden shall serve, or cause to be served, personally or by post, on the person a notice under this section,

(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle, the warden shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a notice under this section or shall affix such a notice to the vehicle.

(3) Where—

(a) a notice under this section is served on the registered owner of a mechanically propelled vehicle or affixed to such a vehicle, and

(b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates,

the registered owner shall—

(i) not later than 28 days after the date of the notice give or send to a traffic warden at a place specified in the notice a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) give or send to a traffic warden within such period as may be specified by the warden at the place aforesaid such other information within his or her knowledge or procurement as the warden may reasonably request for the purpose of identifying, and establishing the whereabouts of the person referred to in subparagraph (i) of this paragraph.

(4) Where a document referred to in subsection (3) of this section containing the name and address of the person who was driving or otherwise using the vehicle concerned at the time of the commission of the alleged offence concerned is given or sent to a traffic warden employed by a local authority, the authority shall, not later than 28 days thereafter, cause a notice under this section to be served, personally or by post, on the person.

(5) A notice under this section shall be in the prescribed form.

(6) If a notice is served pursuant to subsection (2)(a) or (4) of this section, it shall, without prejudice to subsection (5) of this section, contain a statement to the effect that—

(a) the person on whom it is served is alleged to have committed an offence specified in the notice,

(b) the person may, during the period of 28 days beginning on the date of the notice, make to the local authority specified in the notice at a place so specified a payment of a fixed charge of a prescribed amount accompanied by the notice, duly completed,

(c) if the person does not make the payment specified in paragraph (b) of this subsection 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 to the local authority aforesaid at the place aforesaid a payment of a fixed charge of an amount 50 per cent. greater than the prescribed amount referred to in paragraph (b) of this subsection accompanied by the notice, duly completed, and

(d) a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice or, if a payment so specified accompanied by the notice, duly completed, is made during the appropriate period so specified in relation to the payment, at all.

(7) If a notice is served or affixed to a mechanically propelled vehicle pursuant to subsection (2)(b) of this section, it shall, without prejudice to the generality of subsection (5) of this section, contain a statement to the effect that—

(a) an offence specified in the notice is alleged to have been committed,

(b) a person liable to be prosecuted for the offence may, during the period of 28 days beginning on the date of the notice, make to a local authority specified in the notice at the place so specified a payment of a fixed charge of a prescribed amount accompanied by the notice, duly completed,

(c) if a person such as aforesaid does not make the payment specified in paragraph (b) of this subsection 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 the period specified in that subparagraph, make to the local authority aforesaid at the place aforesaid a payment of a fixed charge of an amount 50 per cent. greater than the prescribed amount referred to in paragraph (b) of this subsection accompanied by the notice, duly completed,

(d) if the registered owner of the vehicle concerned was not driving or otherwise using the vehicle at the time of the commission of the alleged offence concerned, he or she is required by subsection (3) of this section—

(i) not later than 28 days after the date of the notice to give or send to the local authority specified in the notice at the place so specified a document in the prescribed form signed by the registered owner and stating the name and address of the person who was driving or otherwise using the vehicle at the time of such commission, and

(ii) to give or send to the authority aforesaid at the place aforesaid within such period as may be specified by the authority such other information within his or her knowledge or procurement as the authority may reasonably request for the purpose of identifying, and establishing the whereabouts, of the person referred to in subparagraph (i) of this paragraph,

(e) a prosecution in respect of the alleged offence will not be initiated during the periods specified in the notice pursuant to paragraphs (b) and (c) of this subsection or, 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, at all,

(f) if a payment aforesaid accompanied by the notice, duly completed, is made during the appropriate period aforesaid, the registered owner need not comply with subsection (3) of this section,

(g) if the registered owner complies with the said subsection (3), a payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the alleged offence will not be initiated, and

(h) subject to paragraph (f) of this subsection, failure to comply with the said subsection (3) is an offence upon conviction of which the registered owner is liable to a fine not exceeding €800.

(8) Where a notice is served or affixed under subsection (2) of this section or served under subsection (4) of this section—

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

(b) the local authority may receive the payment, issue a receipt therefor and retain it for disposal in accordance with regulations under this Act and no payment so received shall in any circumstances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence to which the notice relates shall not be instituted during the periods specified in the notice or, if a payment so specified accompanied by the notice, duly completed, is made during the period so specified in relation to the payment, at all,

(d) in case the notice is served or affixed pursuant to paragraph (b) of the said subsection (2) and a payment aforesaid accompanied by the notice, duly completed, is so made, the registered owner need not comply with subsection (3) of this section, and

(e) if the registered owner complies with the said subsection (3), the payment aforesaid need not be made by the registered owner and a prosecution of him or her in respect of the offence shall not be initiated.

(9) In a prosecution for a fixed charge offence, it shall be presumed, until the contrary is shown, that a payment pursuant to the relevant notice under this section accompanied by the notice, duly completed, has not been made.

(10) Where, in a case to which subsection (2)(b) of this section applies, the registered owner of the mechanically propelled vehicle concerned does not furnish in accordance with subsection (3) of this section the information specified in paragraph (i) of that subsection, then, in a prosecution of that owner for the alleged offence to which the notice under the said subsection (2)(b) relates, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence.

(11) A notice which is affixed to a mechanically propelled vehicle under subsection (2) of this section shall not be removed or interfered with except by a person to whom the notice applies.

(12) A person who contravenes subsection (3) of this section shall, subject to subsection (8)(d) of this section, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €800, and a person who contravenes subsection (11) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €800.

(13) It shall be a defence for a person charged with an offence under subsection (12) of this section consisting of a contravention of subsection (3) of this section 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.

(14) In a prosecution for an offence under subsection (12) of this section consisting of a contravention of subsection (3) of this section, it shall be presumed, until the contrary is shown, that the accused person received the notice under this section to which the offence relates.

(15) In a prosecution of a person for—

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

(b) an offence under subsection (16) of this section,

a document, purporting to be a document under subsection (3) of this section 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) of this subsection and to be signed by that registered owner, given or sent under paragraph (i) of that subsection by that owner to 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) of this subsection, shall be admissible, until the contrary is shown, as evidence of the facts stated in it.

(16) A person who, pursuant to subsection (3) of this section, gives or sends to a traffic warden information (whether or not contained in a document) that is, to his or her knowledge, false or misleading shall be guilty of an offence.

(17) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under subsection (12) of this section consisting of a contravention of subsection (3) of this section may be brought at any time within 2 years from the date on which the offence was committed.

(18) In this section, references to a notice under this section, duly completed, are references to such a notice on which the number, the date of the grant, and the period of validity, of the driving licence of the person to whom the notice relates have been inserted by or on behalf of the person.”.

(2) Section 2 of the Act of 1975 is amended by the substitution of the following for subsection (1):

“(1) A local authority may, after consultation with the Commissioner of the Garda Síochána, make arrangements for the performance in the functional area of the authority, of the functions conferred on traffic wardens by this Act by persons employed by the authority or persons authorised in writing by the authority to perform those functions.”.

(3) Section 5 of the Act of 1975 is amended by the substitution of “an offence under section 3(12) of this Act” for “an offence under section 3(5) of this Act.”.

(4) Regulations under section 3 of the Act of 1975 in force immediately before the commencement of this section shall continue in force after such commencement as if made under section 3 (as inserted by this Act) of that Act and may be amended or revoked accordingly.

Section 13
Protection of environment.

13.—F18[…]

Annotations

Amendments:

F18
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 91, S.I. No. 255 of 2011.

Section 14

Performance of certain functions.

14.—(1) The Minister may, by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person, subject to such terms and conditions (if any) as may be so specified, of such functions as may be so specified.

(2) An agreement under this section may, in particular and without prejudice to the generality of subsection (1), make provision in relation to all or any of the following matters:

(a) the fees (if any) to be charged by the person performing a function in pursuance of the agreement on those in relation to whom the function is performed or on the person on whom the function was originally conferred,

(b) the payments (if any) to be made to the person on whom the function was originally conferred by the person performing the function in pursuance of the agreement, and

(c) the disposal of any such fees and payments as aforesaid.

(3) An agreement under this section shall operate, so long as it continues in force, to confer and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.

(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the person on whom the function was originally conferred.

(5) A function referred to in subsection (4) shall, notwithstanding the agreement concerned, continue to be vested in the person on whom it was originally conferred but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this section of a function of the Minister shall not remove or derogate from the Minister’s responsibility to Dáil Éireann or as a member of the Government for the performance of the function.

(7) In this section “function” includes a power and a duty; and the references to a function are references to a function conferred on the Minister, a licensing authority, a local authority, a road authority or the Commissioner by, or by a statutory instrument (within the meaning of the Interpretation Act, 1937), under the Acts or this Act other than a function of the Minister under this section, or a power to make, approve of, or consult in relation to, the making of, a statutory instrument (within the meaning aforesaid).

Annotations

Modifications (not altering text):

C18
Application of subss. (2), (3) and (4) extended (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 43, S.I. No. 241 of 2017

Outsourcing.

43.— (1) The Minister for Justice and Law Reform may, by an agreement in writing entered into with a person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of—

(a) the function of the Commissioner in respect of the serving of a document under section 35 (9)

…

(3) Section 14 (2), (3) and (4) of the Road Traffic Act 2002 apply to any agreement entered into by the Minister for Justice and Law Reform under subsection (1)(a).

C19
Application of subss. (2), (3) and (4) extended (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 29(19), S.I. No. 543 of 2011.

Fixed penalty notice — drink driving.

29.— …

(19) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of any of the functions of a member of the Garda Síochána relating to the issuing of a fixed penalty notice, the receipt of such notice, the acceptance of a payment or the issuing of a receipt for such payment, as are set out in this section or of the function of the Commissioner in respect of the issue of a notice under subsection (9)

…

(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under paragraph (a).

C20
Application of subss. (2), (3) and (4) extended (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81, S.I. No. 255 of 2011.

Evidence in relation to speeding and certain other offences.

81.— …

(7) (a) The Minister for Justice and Law Reform may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, which shall include a condition to the effect that the determination of the locations where equipment is to be operated shall be a function of a member of the Garda Síochána not below the rank of Superintendent, provide for the authorisation of that or other persons for the purposes of subsection (2), and the performance by those authorised persons of any function, which shall be specified in the agreement, relating to the establishing of prima facie proof of a constituent of an offence including the provision, maintenance and operation of equipment and the development, production and viewing of records produced by that equipment and the production of measurements or other indications from which a constituent of an offence can be inferred.

…

(c) Section 14(2), (3) and (4) of the Act of 2002 applies to any agreement entered into by the Minister for Justice and Law Reform under this subsection.

C21
Application of subss. (2), (3) and (4) extended by Road Traffic Act 1961 (24/1961), s. 103(23) as inserted (31.10.2002) by this Act, s. 11 (S.I. No. 491 of 2002) and (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 18(1)(i), S.I. No. 26 of 2005.

Fixed charge offences.

103.— …

[(23) (a) The Minister for Justice, Equality and Law Reform may, by an agreement in writing, entered into with a person, upon such terms and conditions as may be specified in the agreement, provide for the performance by that person of—

(i) the function of the Commissioner in respect of the serving of a document under subsection (5) of this section, or

(ii) any of the functions of a member of the Garda Síochána or a traffic warden under this section other than the functions specified in subsection (2) of this section.

…

(c) Section 14(2), (3) and (4) of the Road Traffic Act 2002 applies to any agreement entered into by the Minister for Justice, Equality and Law Reform under paragraph (a) of this subsection. ]

Editorial Notes:

E26
Previous affecting provision: application of subss. (2), (3) and (4) extended by Road Traffic Act 2006 (23/2006), s. 5(15), not commenced; s. 5 repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 32(2), S.I. No. 543 of 2011, subject to transitional provision in subs. (3).

Section 15
Bye-laws in relation to stands for taxis.

15.—F19[…]

Annotations

Amendments:

F19
Repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(b), S.I. No. 163 of 2014.

ROAD TRAFFIC ACT 2004

Fixed Charges, Penalty Points and Outsourcing

Section 16

Amendments of section 2 of Act of 2002 (endorsement of penalty points).

16.—Section 2 of the Act of 2002 is amended—

(a) in subsection (5), by inserting “or a person appointed under section 103 of the Principal Act” after “Garda Síochána” and “Commissioner”, and

(b) in subsection (6), by substituting for paragraph (a) the following:

“(a) Where a person is convicted of a penalty point offence, the Minister shall be notified of the conviction by the Courts Service—

(i) in case an appeal is brought against the conviction and it is determined against the person, as soon as may be after such determination, and

(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.”.

Section 17

Amendment of section 7 of Act of 2002 (appeal against conviction for penalty points).

17.—Section 7 of the Act of 2002 is amended by substituting for subsection (4) the following:

“(4) Where an order is made under subsection (3), the Minister shall be notified by the Courts Service.”.

Section 18
Outsourcing of fixed charge functions from Garda Síochána.

18.—F16[…]

Annotations

Amendments:

F16
Repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(c), S.I. No. 241 of 2017.

Section 19
Driver of vehicle where registered owner is not an individual.

19.—F17[…]

Annotations

Amendments:

F17
Repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(c), S.I. No. 241 of 2017.

Section 20
Offence by body corporate, etc.

20.—F18[…]

Annotations

Amendments:

F18
Repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(c), S.I. No. 241 of 2017.

Section 21

 

Section 22

Amendment of First Schedule to Act of 2002.

22.—The First Schedule to the Act of 2002 is amended—

(a) in Part 1, by inserting—

(i) in column (3) at reference number 9 after “Careless driving” the following:

“where the offence involves the use of a mechanically propelled vehicle”,

and

(ii) after the matter at reference number 16 the following:

“

17

Offence under section 51A of Road Traffic Act 1961

Driving without reasonable consideration

2

4

”

and

(b) in Part 4, by substituting for the matter contained in column (3) at reference number 16 the following:

“Failure to comply with certain mandatory signs”.

Section 23

Amendment of section 3 of Act of 1975 (Traffic Wardens).

23.—Section 3 (inserted by section 12 of the Act of 2002) of the Act of 1975 is amended—

(a) in subsection (3), by substituting for paragraph (b) the following:

“(b) the registered owner of the vehicle—

(i) being an individual was not driving or otherwise using the vehicle, or

(ii) being a body corporate or an unincorporated body of persons was not capable of driving or otherwise using the vehicle,

at the time of the commission of the alleged offence to which the notice relates,”,

(b) by inserting after subsection (5) the following:

“(5A) (a) A notice under this section in the prescribed form may contain details of the manner of payment of a fixed charge.

(b) Notwithstanding the requirements of subsections (6), (7) and (8) of this section requiring that the payment of a fixed charge be accompanied by the notice served or affixed, as the case may be, the notice in the prescribed forms may contain details of the manner of payment of the fixed charge or without the payment being accompanied by the notice.”,

(c) in subsection (7), by substituting for paragraph (h) the following:

“(h) subject to paragraph (f) of this subsection, failure to comply with the said subsection (4) is an offence upon summary conviction of which the registered owner is liable to a fine not exceeding €1,000.”,

(d) by inserting after subsection (7) the following:

“(7A) The payment of a fixed charge shall not be accepted after the expiration of the period of 56 days beginning on the date of the notice concerned that was served or affixed under subsection (2) or served under subsection (4) of this section, as the case may be.”,

and

(e) by substituting for subsection (9) the following:

“(9) In a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that—

(a) the relevant notice under this section has been served or caused to be served, and

(b) that a payment pursuant to the relevant notice under this section, accompanied by the notice, duly completed (unless the notice provides for payment without the notice accompanying the payment) has not been made.”.

ROAD TRAFFIC ACT 2006

Section 14
Fixed charge offences.

14.—F13[…]

Annotations

Amendments:

F13
Repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(d), S.I. No. 241 of 2017.

Section 15

Amendment of Act of 1975 (Traffic Wardens).

15.— (1) Section 1 of the Act of 1975 is amended by substituting for the definition of “the Minister” the following:

““Minister” means Minister for Transport;”.

(2) Section 2 (as amended by section 12(2) of the Act of 2002) is amended by substituting for subsection (2) (as amended by section 12(a) of the Dublin Transport Authority (Dissolution) Act 1987) the following:

“(2) The functions referred to in subsection (1) are—

(a) functions in respect of offences referred to in section 3(1), and

(b) such other functions as may be prescribed after consultation with the Minister for Justice, Equality and Law Reform, and different functions may be so prescribed in relation to the functional areas of different local authorities.”.

(3) Section 3 (inserted by section 12 of the Act of 2002) of the Act of 1975 is amended—

(a) in subsection (1)(b), by substituting for subparagraph (ii) the following:

“(ii) the offence under section 11 of the Principal Act of contravening Regulation 6 (requirement to display valid test disc on windscreen) of the Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003),”,

(b) in subsection (5A)(b) (inserted by section 23(b) of the Act of 2004) by substituting—

(i) “prescribed form” for “prescribed forms”, and

(ii) “with or without” for “or without”,

(c) in subsection (7), by substituting for paragraph (h) (inserted by section 23(c) of the Act of 2004) the following:

“(h) subject to paragraph (f), failure to comply with subsection (3) is an offence upon conviction of which the registered owner is liable to a fine not exceeding €1,000.”,

(d) in subsection (8)(b), to delete “in any circumstances”,

(e) in subsection (9) (inserted by section 23(e) of the Act of 2004) by substituting “served or affixed” for “served”,

(f) in subsection (12), by substituting “€1,000” for “€800” in both places where it occurs,

(g) in subsection (16), by substituting “is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000” for “shall be guilty of an offence”,

(h) by inserting after subsection (17) the following:

“(17A) Regulations prescribing the amount of a fixed charge may prescribe different amounts in relation to—

(a) different fixed charge offences,

(b) fixed charge offences involving different classes of vehicles, or

(c) fixed charge offences committed in different areas.”,

and

(i) in subsection (18), by inserting “as required in the notice” after “to whom the notice relates”.

(4) Section 4 of the Act of 1975 is amended—

(a) in subsections (1) and (3), by substituting “€1,000” for “£150” (inserted by section 12(c) of the Dublin Transport Authority (Dissolution) Act 1987), and

(b) in subsection (2), by substituting “an offence under section 3(12)” for “an offence under section 3(5) of this Act”.

(5) The following section is substituted for section 5 of the Act of 1975 (inserted by section 15(6) of the Dublin Transport Authority Act 1986 and as amended by section 12(3) of the Act of 2002):

“5.— Proceedings for an offence to which section 3 applies or an offence under section 3(12) or 4 may be brought and prosecuted summarily by the local authority in whose functional area the offence is alleged to have been committed or where the local authority concerned has entered into an agreement with another local authority under section 7 by that other authority.”.

Section 16

Penalty point offences.

16.—(1) Section 2(1) of the Act of 2002 is amended by substituting “12, 14 or 19 in column (2) of Part 1 and reference number 1 in column (2) of Part 8 of the First Schedule),” for “12 or 14 in column (2) of Part 1 of the First Schedule),”.

(2) The First Schedule to the Act of 2002 is amended—

(a) in Part 1, by substituting “The offences specified in column (2) of this Part at reference numbers 2, 3, 8, 9, 10, 11, 12, 14 and 19” for “The offences specified in column (2) of this Part at reference numbers 2, 3, 8, 9, 10, 11, 12 and 14”,

(b) in Part 1, by substituting for the matter at reference number 4 the following:

“

4

Offence under section 38(2)(a)(ii) of Road Traffic Act 1961 (other than in the circumstances referred to in subsection (5)(a) of that subsection)

Driving without a licence

1

3

”.

(c) in Part 1, by inserting after the matter at reference number 17 (inserted by section 22(a) of the Act of 2004) the following:

“

18

Offence under section 3(3) of Road Traffic Act 2006

Driving a vehicle while holding a mobile phone

2

4

19

Offence under section 138(3) of Railway Safety Act 2005, tried summarily

Bridge strikes, etc.

3

”.

(d) in Part 2, by deleting paragraphs (6) and (7)and the matter at reference numbers 15, 16, 17, 18, 19 and 20 and

(e) by inserting after Part 5 the following:

“PART 6

Contravention of Regulation 4 of European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 (S.I. No. 831 of 2005).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contravention of Regulation 4

Using vehicle not equipped with a speed limitation device or using a vehicle equipped with a speed limitation device not complying with require-ments specified in Regulation 4, 5 or 6

2

4

PART 7

Contravention of Certain Provisions of European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006).

Reference

Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contraven-tion by driver of vehicle of Regulation 5(1)

Driver of car or goods vehicle not wearing safety belt

2

4

2

Offence consisting of contraven-tion by driver of vehicle of Regulation 5(2)

Driver permitting person under specified age to occupy a seat when not wearing safety belt

2

4

3

Offence consisting of contraven-tion by driver of vehicle of Regulation 6

Driver of car or goods vehicle permitting child under 3 years of age to travel in it without being restrained by appropriate child restraint

2

4

4

Offence consisting of contraven-tion by driver of vehicle of Regulation 7

Driver of car or goods vehicle permitting child over 3 years of age to travel in it without being restrained by appropriate child restraint

2

4

5

Offence consisting of contraven-tion by driver of vehicle of Regulation 8

Driver of car or goods vehicle permitting child to be restrained by rearward-facing child restraint fitted to a seat protected by active frontal air-bag

2

4

6

Offence consisting of contraven-tion by driver of vehicle of Regulation 9

Driver of bus not wearing safety belt

2

4

PART 8

Contravention of Regulation 19 of European Communities (Vehicle Testing) Regulations 2004

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004).

Reference

Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contraven- tion of Regulation 19(1) (other than in the circum- stances referred to in paragraph 15 of the Second Schedule to the Road Traffic Act 1961)

Using vehicle without certificate of roadworth- iness

5

”.

Section 17
Evidence in relation to certain offences.

17.— F14[…]

Annotations

Amendments:

F14
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10)(c), S.I. No. 255 of 2011.

Section 18

Increase of certain penalties.

18.— (1) A person convicted of an offence for which a penalty is provided by—

(a) a provision of the Principal Act mentioned in column (2) of Part 1 of the Table at any reference number mentioned in column (1) of that Part,

(b) a provision of the Road Traffic Act 1968 mentioned in column (2) of Part 2 of the Table at any reference number mentioned in column (1) of that Part,

(c) the provision of the Road Traffic (Amendment) Act 1984 mentioned in column (2) of Part 3 of the Table, or

(d) a provision of the Act of 1994 mentioned in column (2) of Part 4 of the Table at a reference number mentioned in column (1) of that Part,

is, in lieu of the monetary penalty so provided, liable to the monetary penalty, specified in column (3) of the Table at that reference number.

TABLE

Part 1

Principal Act

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

1

Section 12(4)

A fine not exceeding €2,000

2

Section 16(5)

A fine not exceeding €2,000

3

Section 18(2)

A fine not exceeding €2,000

4

Section 20(10)(a)

A fine not exceeding €2,000

5

Section 39(2)

A fine not exceeding €5,000

6

Section 48(2)

In the case of a first offence, a fine not exceeding €1,000

In the case of a second or any subsequent offence, a fine not exceeding €2,000

7

Section 49(6)(a)

A fine not exceeding €5,000

8

Section 50(6)(a)

A fine not exceeding €3,000

9

F15[…]

F15[…]

F15[…]

10

F15[…]

F15[…]

11

F16[…]

F16[…]

12

F16[…]

F16[…]

13

F16[…]

F16[…]

14

F16[…]

F16[…]

15

F16[…]

F16[…]

16

F16[…]

F16[…]

17

Section 56(3)

A fine not exceeding €5,000

18

Section 64(2)

A fine not exceeding €5,000

19

Section 69A(5)

A fine not exceeding €5,000

20

Section 102(a)

A fine not exceeding €1,000

21

Section 102(b)

A fine not exceeding €2,000

22

Section 102(c)

A fine not exceeding €2,000

23

Section 106(3)(a)

A fine not exceeding €2,000

24

Section 106(3)(b)

A fine not exceeding €1,000

25

Section 107(5)

A fine not exceeding €2,000

26

Section 112(2)(a)

A fine not exceeding €5,000

27

Section 112(2)(b)

A fine not exceeding €20,000

28

Section 113(2)

A fine not exceeding €2,000

29

Section 115(6)

A fine not exceeding €3,000

Part 2

Road Traffic Act 1968

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

1

Section 18(7)

A fine not exceeding €2,000

2

Section 23(2)

A fine not exceeding €2,000

Part 3

Road Traffic (Amendment) Act 1984

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

1

Section 4

A fine not exceeding €2,000

Part 4

Act of 1994

Reference Number

(1)

Provision

(2)

Monetary Penalty

(3)

1

Section 12(3)

A fine not exceeding €5,000

2

Section 13(2)

A fine not exceeding €5,000

3

Section 13(3)

A fine not exceeding €5,000

4

Section 14(2)

A fine not exceeding €5,000

5

Section 14(5)

A fine not exceeding €5,000

6

Section 15(2)

A fine not exceeding €5,000

7

Section 17(4)

A fine not exceeding €2,500

8

Section 20(3)

A fine not exceeding €5,000

(2) Section 23 of the Act of 2002 is repealed.

Annotations

Amendments:

F15
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(h), S.I. No. 544 of 2011.

F16
Repealed (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 4(2)(d), S.I. No. 542 of 2011.

Editorial Notes:

E76
Previous affecting provision: matters at reference numbers 11 to 16 in Part 1 of Table repealed by Road Traffic Act 2010 (25/2010), s. 70(d), not commenced; repealed as per F-note above.