Road Traffic Act 2010 (Fixed Penalty Notice - Drink Driving) Regulations 2011.

• Jurisdiction: Ireland
• Citation: IR SI 595/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd November, 2011.

I, LEO VARADKAR, 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 29 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 (Fixed Penalty Notice — Drink Driving) Regulations 2011.

2. These Regulations come into operation on 17 November 2011.

3. The form set out in the Schedule is prescribed as the form of a fixed penalty notice for the purposes of section 29 (10) of the Road Traffic Act 2010 (No. 25 of 2010).

SCHEDULEFixed Penalty Notice

Notice under section 29 (10) of the Road Traffic Act 2010

Date ______________ (insert date) Name ______________ (insert name) Address ______________ (insert address) ______________ ______________

Alleged Offence

It is alleged that you have committed an offence under section 4(2), (3) or (4)* or section 5(2), (3) or (4)* of the Act of 2010 in a public placeat ______________ (insert location) at ______________ (insert time) on ______________ (insert date) and that the concentration of alcohol purported to be present in your body did not exceed the levels provided for in section 29(1)(a)(i), (ii) or (iii)*/29(1)(b)(i), (ii) or (iii)*/29(2)(a), (b) or (c)* of that Act, as stated or certified in accordance with Part 2 of that Act.

*delete as appropriate

Payment of Fixed Charge

1. In respect of the offence alleged in this notice, you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of €200/€400* (*delete as appropriate).

2. A payment of a fixed charge under this notice must be accompanied by all of this notice, fully completed, and in the manner stated below.

3. You will not be prosecuted—

(a) during the period of 28 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.

4. (1) If you pay during the said period of 28 days, beginning on the date of this notice, in accordance with this notice the correct amount of the fixed charge, [3 penalty points will be endorsed on the entry in the driving licence record relating to you/you will be disqualified for holding a driving licence for 3 months/6 months]* (*delete as appropriate).

(2) If you do not so pay the fixed charge, you may be prosecuted for the alleged offence and if you are convicted, you will be liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or to both. You will also be liable to a consequential disqualification order under Section 26 of the Road Traffic Act 1961 (as amended).

Complete the section below if you are paying the fixed charge. Do not detach it from this notice.

Declaration Section

(This section only applies if you are paying the fixed charge referred to in this notice. If so, you must sign the declaration below and give details of your driving licence, otherwise your payment will not be accepted.) In accordance with section 29(21) of the Act of 2010, “driving licence” includes a learner permit.

I am aware of the contents of this notice, have filled out the details below from my licence and submit with this notice payment of €______________ .

Signature: ______________ Date:______________ /______________ /______________

Driving Licence Number

(The licence number on an Irish licence is the number in black type on the first page of the licence to the left of the photo).

Licence type: Irish ______________ Non Irish ______________

First Name(s):

As in licence ______________

Surname:

As in licence ______________

Manner of Payment

(Insert manner of payment and where payment is to be made)

NOTES

Eligibility Criteria

(i) You are not eligible to be served with a fixed penalty notice if you do not hold a driving licence or learner permit for the time being in force or are disqualified from holding a driving licence, at the time of the commission of the alleged offence.

(ii) If you have...