Road Traffic Act 1961 (Section 103) (Offences) Regulations, 2002

JurisdictionIreland

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:

1. (1) These Regulations may be cited as the Road Traffic Act 1961 (Section 103 (Offences) Regulations 2002.

(2) The Regulations of 1999 and these Regulations may be cited as the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 and 2002 and shall be construed as one.

(3) These Regulations come into operation on the 31st day of October 2002.

2. In these Regulations -

“Principal Act” means the Road Traffic Act 1961 ;

“Regulations of 1999” means the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 ( S.I. No. 12 of 1999 ).

3. An offence under section 47 of the Principal Act (as amended by section 26 of the Road Traffic Act 1968 (No. 25 of 1968) and section 34 of the Road Traffic Act 1994 (No. 7 of 1994)) is declared to be a fixed charge offence.

4. € 80 is prescribed for the purposes of subsections (7)(b) and (8)(b) of section 103 (as inserted by section 11 of the Road Traffic Act 2002 (No. 12 of 2002)) of the Principal Act.

5. (1) The form of document set out in Part 1 of the Schedule to these Regulations or a form substantially to the like effect is prescribed for the purposes of subsection (4)(i) of the said section 103.

(2) The form of notice set out in Part 2 of the said Schedule or a form substantially to the like effect is prescribed for the purposes of subsection (6) of the said section 103 where the notice is served pursuant to subsection (2)(a) or (5) of the said section 103.

(3) The form of notice set out in Part 3 of the said Schedule or a form substantially to the like effect is prescribed for the purposes of the said subsection (6) where the notice is served pursuant to subsection (2)(b) of the said section 103.

6. Articles 3(9), 4 (in so far as it relates to Form 2 in the First Schedule to the Regulations of 1999) and 5(d) of the Regulations of 1999 and the said Form 2 are revoked.

A

SCHEDULE

Part 1

FORM OF DOCUMENT FOR THE PURPOSES OF SECTION 103 (4)(i) OF THE ROAD TRAFFIC ACT 1961 .

Garda Siochána

I am the registered owner of a mechanically propelled vehicle (“the vehicle”) whose

identification mark is ____ ____.

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. I was not driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

3. ______ (name) of ____ (address), driver number* (____) was driving or otherwise using the vehicle at the time of the commission of the offence alleged in paragraph 1.

SIGNATURE OF REGISTERED OWNER: ____________________________________

ADRESS OF REGISTERED OWNER: _____________________________________

DATE: ____________________________

__________________________________________________________________________

1. You are required to complete and sign this document and give or send it to a member of the Garda Síochána at ____ (insert name and address of Garda Siochána station or specify another location) not later than 28 days after the date of the notice specified in paragraph 1 Failure to do so is an offence and, if you are convicted of it, you are liable to a fine not exceeding €800.

2. It is an offence to give false or misleading information in this document and, if you are convicted of it, you are liable to a fine not exceeding €800. If the offence 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.

3. This document is admissible as evidence of the facts stated in it in a prosecution under the said section 47.

Part 2

Garda Siochána

FORM OF NOTICE FOR THE PURPOSES OF SUBSECTION (6) OF SECTION 103 OF THE ROAD TRAFFIC ACT 1961 IN RELATION TO SPEEDING OFFENCES, WHERE THE NOTICE IS SERVED PURSUANT TO SUBSECTION (2)(a) OR (5) OF THAT SECTION.

GARDA NO: __________ SIGNATURE OF GARDA ____________ DATE ___________

IDENTIFICATION MARK OF VEHICLE ______________________________________

1. TO: NAME

ADDRESS

DRIVER NUMBER*

2. It is alleged that you have committed an offence under section 47 of the Road Traffic Act 1961 (“the offence”) by driving a mechanically propelled...

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