S.I. No. 88/1995 - Local Authorities (Traffic Wardens) Act, 1975 (Section 3) (Offences) Regulations, 1995.

1. These Regulations may be cited as the

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) Regulations, 1995.

2. In these Regulations

"the Act" means the

Local Authorities (Traffic Wardens) Act, 1975

;

"the Act of 1961" 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

.

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

(1) an offence of contravening a bye-law or rule made under section 84 of the Act of 1961 (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;

(2) an offence of contravening a bye-law made under section 86 of the Act of 1961 (as amended by section 58 of the Act of 1968) which—

(

a

) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings of the type authorised by and described in article 16 of the Road Traffic (Signs) Regulations, 1962 (

S.I. No. 171 of 1962

) 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 article) provided at a stopping place or stand;

(3) an offence of contravening a bye-law or rule made under section 89 or section 90 of the Act of 1961 (as amended by section 6 of the Act of 1968) which—

(

a

) prohibits the parking of a mechanically propelled vehicle or a mechanically propelled vehicle other than a mechanically propelled vehicle of a specified class, in a place, at or for a time or in a manner which is prohibited in such bye-law or rule, or

(

b

) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the payment of fees without paying the specified fee or without paying the said fee in the manner and at the time specified, or

(

c

) prohibits the parking of a mechanically propelled vehicle in a parking place in which parking is subject to the exhibition of a document without exhibiting the document in accordance with such bye-law or rule;

(4) an offence of contravening a bye-law made under section 101 of the Act of 1961;

(5) an offence under section 73 of the Act of 1976.

4. The form in the First Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of section 3 (2) and of section 3 (3) of the Act.

5. The prescribed amounts for the purposes of section 3 (2) (

b

) and of section 3 (3) (

b

) of the Act for offences declared by the Minister to be offences to which section 3 of the Act applies shall be—

(

a

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

(

b

) 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 bye-law or rule under section 89 or section 90 of the Act of 1961 as amended by section 6 of the Act of 1968;

(

c

) twenty pounds in respect of an offence of parking on a part of a roadway which is a bus lane in contravention of a bye-law or rule under section 90 of the Act of 1961 as amended by section 6 of the Act of 1968; and

(

d

) fifteen pounds in respect of all other offences.

6. The Regulations specified in the Second Schedule to these Regulations are hereby revoked.

7. These Regulations shall come into operation on the 1st day of June, 1995.

FIRST SCHEDULE

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 3 OF THE ACT.

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

LOCAL AUTHORITY (name to be inserted)

Notice UNDER SUBSECTION *(2)/(3) OF

SECTION 3

of THE

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975

.

IDENTIFICATION MARK...........................................

TO

( a ) Name.....................................

Address.................................

.......................................

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 the above mentioned local authority at. . . . . . . . . . . .

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

Signed............................................................ ............................................... Date..........................................................

Important: Payment will be accepted only at the address specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to . . . . . . . . . . . . . (insert name of local authority). 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.

Directions for Completing this Form

* 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.

SECOND SCHEDULE

Regulations Revoked

Number

Title

S.I. No. 261 of 1975

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) Regulations, 1975.

S.I. No. 187 of 1976

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) (Amendment) Regulations, 1976.

S.I. No. 168 of 1979

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) (Amendment) Regulations, 1979.

S.I. No. 256 of 1985

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) (Amendment) Regulations, 1985.

S.I. No. 444 of 1986

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) (Amendment) Regulations, 1986.

S.I. No. 22 of 1990

Local Authorities (Traffic Wardens) Act, 1975

(Section 3) (Offences) (Amendment) Regulations, 1990.

GIVEN under the Official Seal of the Minister for the Environment, this 11th day of April, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations, which replace previous Regulations made under the

Local Authorities (Traffic Wardens) Act, 1975

, declare the offences to which section 3 of that Act applies.

The Regulations also prescribe the form of notice which may be affixed to a vehicle or given to a person by a traffic warden employed by a local authority. The Regulations also prescribe the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution.

S.I. No. 88 of 1995.

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 (SECTION 3) (OFFENCES) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by

sections 3

and

6

of the

Local Authorities (Traffic Wardens) Act, 1975

(as amended by

section 74

of the

Finance Act, 1976

(No. 16 of 1976), and

section 12

of the

Dublin Transport Authority (Dissolution) Act, 1987

(No. 34 of 1987) and

section 49

of the

Road Traffic Act, 1994

(No. 7 of 1994)) having consulted with the Minister for Justice hereby makes the following Regulations