Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017.

• Statutory Instrument No.: 244/2017
• Published date: 06 June 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th June, 2017.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 34 (as amended by section 23 of the Road Traffic Act 2016 (No. 21 of 2016)) and 41 of the Road Traffic Act 2010 (No. 25 of 2010) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and after consultation with the Minister for Justice and Equality hereby make the following Regulations:

1. These Regulations may be cited as the Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017.

2. These Regulations come into operation on 1 June 2017.

3. In these Regulations—

“Act of 1968” means Road Traffic Act 1968 (No. 25 of 1968);

“Act of 1994” means Road Traffic Act 1994 (No. 7 of 1994);

“Act of 2004” means Road Traffic Act 2004 (No. 44 of 2004);

“Act of 2006” means Road Traffic Act 2006 (No. 23 of 2006);

“Act of 2010” means Road Traffic Act 2010 (No. 25 of 2010);

“No. 2 Act of 2011” means Road Traffic (No. 2) Act 2011 (No. 28 of 2011);

“Act of 2016” means Road Traffic Act 2016 (No. 21 of 2016);

“Principal Act” means Road Traffic Act 1961 (No. 24 of 1961).

4. Each of the offences mentioned in Schedules 1 to 4 is declared to be a fixed charge offence.

5. The amount of a fixed charge is—

(a) €200 in respect of an offence mentioned in Schedule 1,

(b) €80 in respect of an offence mentioned in Schedule 2,

(c) €60 in respect of an offence mentioned in Schedule 3,

and

(d) €40 in respect of an offence mentioned in Schedule 4.

Schedule 1

Regulation 5(a)

€200 fixed charge

An offence under Section 12 of the Principal Act (as amended by section 18 of the Act of 2006) consisting of using on a public road a vehicle—

(a) whose weight unladen exceeds maximum permitted weight,

(b) whose weight laden exceeds maximum permitted weight, or

(c) any part of which transmits to ground greater weight than maximum permitted weight,

specified in the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ).

Schedule 2

Regulation 5(b)

Part 1

€80 fixed charge

An offence under Section 11(5) of the Principal Act consisting of a contravention of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1978 ( S.I. No. 360 of 1978 ) (as amended by the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 1993 ( S.I. No. 322 of 1993 )) referred to in the Table below.

Table

Regulation Description of Contravention 10 Using a motor cycle without wearing a crash helmet 11 Permitting passenger not wearing crash helmet to be carried on motor cycle

An offence under Section 11(5) of the Principal Act consisting of a contravention of Regulation 55 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) by using a vehicle with defective or worn tires.

An offence under Section 42 of the Principal Act (inserted by section 10 of the Act of 2006) consisting of a contravention of Regulation 17(6)(b)(iv) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) by a learner permit holder driving a vehicle unaccompanied by a qualified person.

An offence under the Principal Act referred to in the Table below.

Table

Section Description of Offence 47 (inserted by section 11 of the Act of 2004) Exceeding speed limit 51A (inserted by section 4 of the No. 2 Act of 2011) Driving a vehicle (other than a pedal cycle) without reasonable consideration 96 (as amended by section 6 of the Act of 1968) Failure to stop a vehicle for a school warden sign 109 (as amended by section 6 of the Act of 1968) Failure to stop a vehicle when so required by member of Garda Síochána

An offence under Section 55 of the Principal Act (inserted by section 4 of the No. 2 Act of 2011) consisting of parking a vehicle in a dangerous position.

Part 2

€80 fixed charge

An offence under Section 35(5) of the Act of 1994 consisting of a contravention of the Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 ) mentioned in the Table below.

Table

Article Description of Contravention 6 Failure by driver of vehicle to comply with direction given by member of Garda Síochána 7 Driving at speed exceeding that which will enable driver to stop vehicle within a distance driver can see to be clear 8 Failure by driver of vehicle to yield right of way 10 (as amended by Regulation 16(d) of the Road Traffic (Traffic and Parking (Amendment) (No. 2) Regulations 2012 ( S.I. No. 332 of 2012 )) Overtaking when unsafe or not permitted. 19 (inserted by Regulation 4 of the Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )) Failure by driver of vehicle to act in accordance with signal given by member of Garda Síochána 20 Failure to stop vehicle before stop sign/stop line 21 Failure by driver of vehicle to yield right of way at a yield sign/line 25 (as amended by Regulation 16(j) of the Road Traffic (Traffic and Parking (Amendment) (No. 2) Regulations 2012) Crossing continuous white line/broken white line by driver of vehicle 26 Entry by driver of vehicle into hatched marked area of roadway 30 (inserted by Regulation 16(l) of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012) Failure by driver of vehicle, other than a pedal cycle, to obey traffic lights 31 (inserted by regulation 16(l) of the Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 2012) Failure by driver of vehicle, other than a pedal cycle, to obey traffic lights/signs at railway level crossing 33(1)(a) Driving vehicle against direction of traffic flow on motorway 33(1)(b) Driving vehicle on or across any part of motorway which is not a carriageway 33(1)(d) (inserted by Regulation 3 of the Road Traffic (Traffic and Parking)(Amendment) Regulations 2012 ( S.I. No. 74 of 2012 )) Driving vehicle of a class for which an ordinary speed limit of not more than 90 kilometres per hour is prescribed on a motorway in the traffic lane nearest the right hand edge of a carriageway having more than one traffic lane 44(1) Stopping or parking a vehicle in a disabled person’s parking bay without a permit

Schedule 3

Regulation 5(c)

Part 1

€60 fixed charge

An offence under section 11(5) of the Principal Act consisting of a contravention of Article 5 (as amended by Article 5 of the Road Traffic (Insurance Disc) (Amendment) Regulations 1986 ( S.I. No. 227 of 1986 )) of the Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 ) by using a vehicle in a public place without an insurance disc being visible and accessible for inspection.

An offence under section 11(5) of the Principal Act consisting of a contravention of the Road Traffic (Lighting of Vehicles) Regulations 1963 ( S.I. No. 189 of 1963 ) referred to in the Table below.

Table

Regulation Description of Contravention 9(1) Using vehicle not equipped with prescribed lamps and identification mark lighting 9(2) or 9(3) Using trailer not equipped with prescribed lamps and identification mark lighting 9(4) Using vehicle not equipped with prescribed rear projecting load lamp or lateral projecting load lamp 9(5) Using trailer not equipped with prescribed marker lamp 9(6) Using public service vehicle not equipped with prescribed internal lighting

An offence under Section 11(5) of the Principal Act consisting of a contravention of a provision of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 ( S.I. No. 224 of 2000 ) mentioned in the table below.

Table

Provision Description of Contravention Article 3(2) Using a vehicle in a public place without an authorisation plate Article 3(3) Using a vehicle in a public place with an authorisation plate that has been modified or altered

An offence under Section 18(2) of the Principal Act consisting of using a vehicle without a test certificate.

An offence under Section 42 of the Principal Act (inserted by section 10 of the Act of 2006) consisting of a contravention of Regulation 17(6)(b)(iii) (inserted by Regulation 2(b) of the Road Traffic (Licensing of Learner Drivers) Regulations 2007 ( S.I. No. 719 of 2007 )) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) by a learner permit holder failing to display an L-plate or tabard while driving.

Part 2

€60 fixed...