S.I. No. 322/2003 - Road Traffic Act 1961 (Section 103) (Offences) Regulations 2003

1. A notice (serial number ______ ___) dated the ___day of ______, 20__ under

section 103

of the

Road Traffic Act 1961

, alleging the commission of an offence under

section 47

of the

Road Traffic Act 1961

by the driver of the vehicle at ___ (time) on the _____ (date) at ______(location) was served on me.

2. It is alleged that an offence under

section 47

of the

Road Traffic Act 1961

(“the offence”) has been committed by the driving of a mechanically propelled vehicle bearing the above identification mark and of which you are the registered owner at a speed of ____ (insert speed of vehicle) at ______ (insert location) where a speed limit of ____ (insert speed) was in force, at ___ (insert time) on ______ (insert date).

If you were not driving or otherwise using the vehicle at the time of the commission of the offence SEE PARAGRAPH 5 below.

3. PAYMENT OF FIXED CHARGE

(1) The driver of the above vehicle (“the driver”) may, during the period of 28 days beginning on the date of this Notice, pay to a member of the Garda Síochána at _________________ (

insert name and address of Garda Síochána station or specify another location)

a fixed charge of € 80, accompanied by this Notice duly completed.

(2) If the driver does not make the payment specified in subparagraph (1), the driver may, during the period of 28 days beginning on the expiration of the period specified in that subparagraph, pay to a member of the Garda Síochána at the Garda Síochána station or other location specified in subparagraph (1) the fixed charge of €120 (being 50 per cent greater than the amount specified in that subparagraph) accompanied by this Notice, duly completed.

(3) If you make a payment pursuant to subparagraph (1) or (2), you need not comply with paragraph 5.

(4) A prosecution in respect of the offence will not be instituted -

(a) during the period of 56 days beginning on the date of this Notice, or

(b) if a payment specified in subparagraph (1) or (2), accompanied by this Notice duly completed, is made in respect of the offence during the appropriate period specified in relation to the payment, at all.

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 1961

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 driving license number

*

(if it is known to or can be obtained by the registered owner aforesaid) of the person who was driving or otherwise using 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 that 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.

DRIVING LICENCE NUMBER OF REGISTERED OWNER

*

___________________

SIGNATURE OF REGISTERED OWNER: __________________________________

DATE: ________________________________

(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 (see paragraph 5) in the document marked “A”.

GIVEN under my Official Seal,

22 July, 2003.

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, which will come into effect on 25 August 2003, declare that the fixed charge system be applied to the driver of a mechanically propelled vehicle in respect of specified safety belt offences.

The regulations also prescribe the form of notices and documents to be used where a member of the Garda Síochána alleges that a speeding offence or a safety belt 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 for the offence(s) and details of the penalty points that will be endorsed on the driver's entry in the licence record following payment of a fixed charge or, on conviction of the offence(s).

*

The relevant number is the

driver number

printed in

black

type located to the left of the photograph on the first page of the driving licence

.

*

The relevant number is the

driver number

printed in

black

type located to the left of the photograph on the first page of your driving licence.

**

If the conviction for the offence referred to in paragraph 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 the 4 penalty points referred to in paragraph 5(2) will be endorsed on your entry in the licence record unless the court disqualifies you under

section 27

of the

Road Traffic Act 1961

.

*

The relevant number is the

driver number

printed in

black

type located to the left of the photograph on the first page of your driving licence.

**

If the conviction for 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 the 4 penalty points referred to in paragraph 4(2) will be endorsed on your entry in the licence record unless the court disqualifies you under

section 27

of the

Road Traffic Act 1961

.

*

The relevant number is the

driver number

printed in

black

type located to the left of the photograph on the first page of the driving licence.

*

The relevant number is the

driver number

printed in

black

type located to the left of the photograph on the first page of the driving licence.

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), 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