S.I. No. 576/2006 - Railway Safety Act 2005 (Fixed Payment Notice) Regulations 2006

1. These Regulations may be cited as the

Railway Safety Act 2005

(Fixed Payment Notice) Regulations 2006.

2. The form set out in the Schedule is prescribed as the form of the notice to be served on a person in relation to an offence alleged to have been committed under section —

a) 22A(2) or 59(1) of the

Transport Act 1950

(No. 12 of 1950),

b) 25(1) of the

Transport (Miscellaneous Provisions) Act 1971

(No. 14 of 1971), or

c) 118 or 132 of the

Railway Safety Act 2005

(No. 31 of 2005).

Schedule

Railway Safety Act 2005

Section 133

Fixed Payment Notice

To

(insert name)

Address

(insert address)

It is alleged that you committed an offence under the provision of the enactment and description of which is indicated below/overleaf

1

—

at

(insert place)

at

(insert time)

on

(insert date)

You may during the period of 21 days beginning on the date of this notice pay to Iarnród Éireann - Irish Rail at the address specified in this notice the amount of €100 accompanied by this notice.

A prosecution in respect of the alleged offence will not be instituted during the above period and, if you pay this amount within this period, no prosecution in respect of the alleged offence will be instituted.

Date: _____________________

Signed: _____________________

Authorised Officer

Alleged Offence

Ref. No.

Enactment and Provision

Description

1

Transport Act 1950 s.22(A)(2) (inserted by s.129 of Railway Safety Act 2005)

Failure or refusal to give name or address or giving name or address which is false or misleading

2

Transport Act 1950 s.59(1)

Trespass on railway

3

Transport (Miscellaneous Provisions) Act 1971 s.25(1) (inserted by s.131 of Railway Safety Act 2005)

Failure to shut and fasten gates of level crossing or passage

4

Railway Safety Act 2005 s.118

Unlawful use of emergency cord or other system of communication between passengers and train drivers

5

Railway Safety Act 2005 s.132

Avoiding payment of fare

Method of Payment

(set out method of payment)

GIVEN under my Official Seal,

16 November, 2006.

Martin Cullen

Minister for Transport

EXPLANATORY NOTE

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

The purpose of these regulations is to prescribe the form of notices and documents to be used where an Authorised Officer or a member of the Garda Síochána alleges that one of several specific offences under the

Transport Act 1950

, the

Transport (Miscellaneous Provisions) Act 1971

and the

Railway Safety Act 2005

has been committed and 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).

1

place a tick or mark x in column (1) as appropriate

S.I. No. 576 of 2006

Railway Safety Act 2005 (Fixed Payment Notice) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by

Section 133

of the

Railway Safety Act 2005

(No. 31 of 2005), hereby make the following regulations