Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017.

JurisdictionIreland
CitationIR SI 243/2017
Year2017

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 section 5 of the Road Traffic Act 1961 (No. 24 of 1961) and section 36(1) (as amended by section 25 of the Road Traffic Act 2016 (No. 21 of 2016)) 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 )), hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic Act 2010 (Section 36(1) (Prescribed Notice) Regulations 2017.

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

3. The form of notice set out in the Schedule is the form of notice prescribed for the purposes of section 36 (1) of the Road Traffic Act 2010 (No. 25 of 2010).

SCHEDULE

Fixed Charge Offence

Prescribed Notice

Notice under section 36 of the Road Traffic Act 2010 (as amended by section 25 of the Road Traffic Act 2016 ).

Date .................................... (insert date)

(insert name) .............................................

(insert address) ..........................................

.....................................................................

Alleged Offence

It is alleged that [you have committed an offence]* [an offence has been committed]* (specify offence, including speed and speed zone — if speeding offence) involving the driving or use of a [mechanically propelled vehicle bearing identification mark………………..]*[pedal cycle]* in a public place at……………………. (insert location) at ………………………. (insert time) on …………………. (insert date).

*delete as appropriate

Payment of Fixed Charge

1. In respect of the offence alleged in this notice—

(a) you may, during the period of 28 days, beginning on the date of this notice, until and including (insert date day 28) pay a fixed charge of € (insert amount)………, or

(b) if you do not pay the fixed charge during that period, you may, beginning on the expiration of that period, during the further period of 28 days until and including (insert date day 56), pay a fixed charge of € (insert amount) ……….

(c) if you do not pay the fixed charge during either of the above periods, and you are served with a summons in respect of the alleged offence you may, not later than 7 days before the day specified in the summons on which you are required to appear in court, make a payment of € (insert amount) ………. and proceedings in respect of the alleged offence will be discontinued.

2. A payment of a fixed charge under this notice must be accompanied by all of this notice, [fully completed,]* [if payment is made in person or by post, or by quoting the reference number mentioned on it, if payment is allowed otherwise below,]* and in the manner stated below.

3. You will not be prosecuted-

(a) During the period of 56 days from the date of this notice, or

(b) At all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.

41 (1) If you pay in accordance with this notice the correct amount of the fixed charge (insert number)………… penalty points will be endorsed on the entry in the driving licence or learner permit record relating to you.

(2) If you do not so pay the fixed charge and you are convicted of the alleged offence (insert number)………… penalty points will be endorsed on that entry.

52 (1) If you pay in accordance with this notice the correct amount of the fixed charge (insert number)…………... of demerits will be endorsed on the SPSV licence record relating to you.

(2) If you do not so pay the fixed charge and you are convicted of the alleged offence (insert number)…………… penalty points will be endorsed on that entry.

*delete as appropriate

SCEIDEAL

Cion Muirear Seasta

Fógra faoi alt 36 (arna leasú le hAlt 25 den Acht um Thrácht ar Bhóithre 2016) den Acht um Thrácht ar Bhóithre 2010

Dáta

(cuir isteach an dáta)

Ainm

(cuir isteach an t-ainm)

Seoladh

(cuir isteach an seoladh)

An Cion Líomhnaithe

Líomhnaítear [go ndearna tú cion]* [go bhfuil cion déanta]* (sonraigh an cion, lena n-áirítear an luas agus an crios luais — más cion sárú luais atá i gceist) a bhain le tiomáint feithicil inneallghluaiste nó feithicil inneallghluaiste a úsáid in áit phoiblí ag ............................................................................. (cuir isteach an suíomh) ar ............................. (cuir isteach an t-am) ar an .............................................. (cuir isteach an dáta).

*scrios de réir mar a oireann

Muirear Seasta a Íoc

1. I leith an chiona a líomhnaítear san fhógra seo-

(a) féadfaidh tú muirear seasta € (cuir isteach méid) a íoc, an.......... (cuir isteach dáta) nó roimhe (is é sin le linn na tréimhse 28 lá dar tús dáta an fhógra seo), nó

(b) mura n-íocfaidh tú an muirear seasta sin an dáta sin nó roimhe féadfaidh tú muirear seasta € (cuir isteach an méid) a íoc an ……… (cuir isteach an dáta) nó roimhe (is é sin...

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