S.I. No. 492/2002 - Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002

1. Payment of a fixed charge will be accepted only if it is accompanied by this Notice duly completed.

2. Refund of a fixed charge paid pursuant to this Notice will not be made in any circumstances.

3. You are required to give or send to a member of the Garda Síochána at the Garda Síochána station or other location specified in paragraph 3(1) such other information as you have or can obtain that the member may reasonably request for the purpose of identifying and establishing the whereabouts of the person named by you in paragraph 5.

GIVEN under my Official Seal,

23

rd

October, 2002.

SÉAMUS BRENNAN

________________________

Minister for Transport

EXPLANATORY NOTE

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

These regulations declare that the fixed charge system will be applied to the offence of exceeding a speed limit.

The regulations also prescribe the form of the notices and documents to be used where a member of the Garda Síochána alleges that a speeding offence has been committed, the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution, details of the penalty points that will be endorsed on the driver's entry in the licence record following payment of a fixed charge and the steps that must be taken by a registered owner to identify the driver where he or she was not using the vehicle at the time of the commission of the alleged offence.

*

The driver number is the number in black type on the first page of the licence of the driver to the left of the photograph.

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The driver number is the number in black type on the first page of your licence to the left of the photograph.

**

If the offence referred to in paragraph 4(2) is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case (unless the penalty points are endorsed on your entry in the licence record), to the disqualification aforesaid.

*

The driver number is the number in black type on the first page of your licence to the left of the photograph.

**

If the offence referred to in paragraph 4(2) is a second or subsequent such offence, you are liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months you are liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both and, in either case (unless the penalty points are endorsed on your entry in the licence record), to the disqualification aforesaid.

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The driver number is the number in black type on the first page of the licence to the left of the photograph

.

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The driver number is the number in black type on the first page of the licence to the left of the photograph

.

4. PENALTY POINTS

(1) If the driver pays a fixed charge pursuant to paragraph 3, 2 PENALTY POINTS will be endorsed on the driver's entry in the licence record.

(2) If the driver is convicted of the offence, 4 PENALTY POINTS will be endorsed on the driver's entry in the licence record unless the court disqualifies him or her under

section 27

of the

Road Traffic Act 2002

and, in either case, he or she is liable to a fine not exceeding €800

**

.

5. FURNISHING NAME AND ADDRESS OF DRIVER OF VEHICLE

(1) If you were not driving or otherwise using the vehicle at the time of the commission of the offence you are required -

(a) to complete the document (marked “A”) attached to this Notice by stating in it the name, address and driver number

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of the person who was driving or otherwise in charge of the vehicle at the time of the commission of the offence and signing it and stating your address and

(b) not later than 28 days after the date of this Notice, to give or send the document to a member of the Garda Síochána at _______ (name and address of Garda Síochána station or specify another place).

(2) If you comply with subparagraph (1), you need not make a payment pursuant to subparagraph (1) or (2) of paragraph 3 and a prosecution of you for the offence will not be initiated.

6. Failure by you to comply with paragraph 5(1) is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

7. PAYMENT OF FIXED CHARGE

I am aware of the contents of this Notice and herewith submit payment of the fixed charge of € ___ specified in subparagraph (1)/subparagraph (2) (

delete as appropriate

) of paragraph 3.

DRIVER NUMBER OF REGISTERED OWNER

*

_______________________________

SIGNATURE OF REGISTERED OWNER:_____________________________________

DATE: __________________________________

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 5 and section 103 (inserted by

section 11

of the

Road Traffic Act 2002

(No. 12 of 2002)) of the

Road Traffic Act 1961

(No. 24 of 1961),

section 74

of the

Finance Act 1976

(No. 16 of 1976), the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (

S.I. No. 298 of 2002

) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (

S.I. No. 305 of 2002

)), and after consultation with the Minister for Justice, Equality and Law Reform hereby make the following regulations