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S.I. No. 135/2006 - Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006

Type Statutory Instrument

Publication 2006-03-28

Last updated 2017-06-06

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 8

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

6 amending acts · 2017-06-06, S.I. No. 244/2017 - Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017

Reform history JSON API

S.I. No. 135 of 2006

Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 5 and section 103 (as amended by section 18 of the Road Traffic Act 2004 (No. 44 of 2004)) of the Road Traffic Act 1961 (No. 24 of 1961), 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 in relation to declaring offences to be fixed charge offences, hereby make the following regulations:

1.

These Regulations may be cited as the Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006.

2.

These Regulations come into operation on 3 April 2006.

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)

“light rail vehicle” has the meaning assigned to it by section 2(1) of the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

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

“vehicle” means mechanically propelled vehicle.

4.

The offences under the Road Traffic Acts 1961 to 2005 mentioned in Regulation 5 and Schedules 1 to 4 are declared to be fixed charge offences in so far as they relate to mechanically propelled vehicles.

5.

The amount in relation to a fixed charge is -

(a) €80, in respect of an offence under -

(i) a provision of the Principal Act mentioned in Part 1, and

(ii) section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2,

of Schedule 1,

(b) €60, in respect of an offence under -

(i) section 11 of the Principal Act, for a contravention of a provision of the Regulations mentioned in Part 1 of Schedule 2,

(ii) section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2 of Schedule 2, and

(iii) section 73 (requiring a licence to be fixed to and exhibited on a vehicle) of the Finance Act 1976 ,

and

(i) a provision of the Principal Act mentioned in Part 1, and

(ii) section 35(5) of the Act of 1994, for a contravention of a provision of the Regulations mentioned in Part 2,

of Schedule 3.

6.

The form of notice set out in Schedule 4 at A is prescribed as the form of notice for the purposes of section 103 of the Principal Act.

7.

The form of document set out in Schedule 4 at B is prescribed as the form of document for the purposes of section 103(4)(i) of the Principal Act.

8.

The following are revoked:

(a) the Road Traffic Act 1961 (Section 103) (Offences) Regulations 1999 ( S.I. No. 12 of 1999 ),

(b) the Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 ( S.I. No. 492 of 2002 ), and

Schedule 1 €80 fixed charge

Part 1 Offences under Road Traffic Act 1961


Road Traffic Act 1961	Road Traffic Act 1961
Section	Description of Offence
47 (inserted by section 11 of Act of 2004)	Exceeding speed limit
51A (inserted by section 49 of Act of 1968)	Driving a vehicle without reasonable consideration
96 (as amended by section 6 of Act of 1968)	Failure to stop a vehicle for school warden sign
109 (as amended by section 6 of Act of 1968)	Failure to stop a vehicle when so required by member of Garda Síochána

Part 2 Offence under section 35(5) of Road Traffic Act 1994


Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )	Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )
Article	Description of Contravention
6	Contravention by driver of a vehicle of direction given by Garda
7	Contravention of general obligation regarding speed
8	Failure by driver of a vehicle to yield right of way
10	Offence by driver of a vehicle relating to overtaking
19 (inserted by article 4 of S.I. No.98 of 2003 )	Driver of a vehicle failing to act in accordance with a signal given by a member of the Garda Síochána
20	Failure to stop a vehicle before stop sign/stop line
21	Failure of a vehicle to yield right of way at a yield sign/line
25	Crossing continuous white line/ broken white line by a vehicle
26	Entry by a vehicle into hatched marked area of roadway
30	Failure by a vehicle to obey traffic lights
31	Failure by a vehicle to obey traffic lights/entering yellow box at railway level crossing
33(1)(a)	Contravention of prohibition on driving a vehicle against the direction of traffic flow on a motorway
33(1)(b)	Contravention of prohibition on driving a vehicle on or across any part of a motorway which is not a carriageway
33(1)(d) (inserted by S.I. No. 11 of 2005 )	Contravention of prohibition on driving a vehicle of a class for which an ordinary speed limit of not more than 80 kilometres per hour is prescribed by regulations on a motorway in the traffic lane nearest the right hand edge of a carriageway having more than one traffic lane
44(1)	Parking a vehicle in a disabled persons parking bay in contravention of article 44

Schedule 2 €60 fixed charge

Part 1 Offence under section 11(4) of Road Traffic Act 1961


Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 )	Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 )
Article	Description of Contravention
5(as amended by Article 4 of S.I. No. 227 of 1986 )	Contravention of requirements - insurance disc to be fixed to and exhibited on a vehicle


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Road Traffic (Construction, Equipment and Use of Vehicles)(Amendment)(No. 3) Regulations 1991 ( S.I. No. 359 of 1991 )	Road Traffic (Construction, Equipment and Use of Vehicles)(Amendment)(No. 3) Regulations 1991 ( S.I. No. 359 of 1991 )
Article	Description of Contravention
6	Contravention of requirements to wear safety belt/appropriate child restraint - front seat - by driver and by driver in respect of passengers aged under 17 - by passenger aged 17 or over
7	Contravention of requirements to wear safety belt/appropriate child restraint - rear seat - by driver in respect of passenger aged under 17 - by passenger aged 17 or over

Part 2 Offence under section 35(5) of Road Traffic Act 1994


Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )	Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )
Article	Description of Contravention
9	Failure by driver of a vehicle to drive on the left hand side of the roadway
11	Contravention by driver of a vehicle of requirements at junctions
12	Contravention of requirements regarding reversing of vehicles
13	Contravention of restrictions on driving a vehicle on or across footway
14(5)(a) (inserted by article 6 of S.I. No. 274 of 1998 )	Contravention of restrictions on driving a vehicle on or across cycle track
15	Contravention of requirement to turn a vehicle left onto a roundabout
16	Contravention of prohibition of driving a vehicle along or across median strip
17	Contravention of prohibition of driving a vehicle beyond specified weight signs
18	Contravention by driver of a vehicle of requirements regarding giving appropriate signals
22	Failure of a vehicle to comply with mandatory traffic signs
23	Failure of a vehicle to comply with prohibitory traffic signs
24	Failure by driver of a vehicle to comply with certain mandatory signs
27	Failure by a mechanically propelled vehicle to comply with traffic lane markings
28	Failure by a vehicle to comply with traffic sign signifying that a roadway not be entered
29	Contravention of prohibition on a vehicle entering yellow box area of roadway


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Article	Description of Offence
32 (as amended by article 2 of S.I. No. 441 of 1998 )	Prohibition on driving vehicle on bus lane or bus only street
35	Contravention by a vehicle of prohibition of making U-turn on dual carriageway where no U-turn traffic sign provided
45(1) (inserted by article 8 of S.I. No. 274 of 1998 )	Contravention of prohibition of driving a vehicle into pedestrianised street
Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )	Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )
Article	Description of Contravention
8	Contravention of prohibition on entry of a vehicle other than a light rail vehicle to tram lane
10	Stopping or parking a mechanically propelled vehicle other than light rail vehicle in a tram lane

Schedule 3 €40 fixed charge

Part 1 Offences under Road Traffic Act 1961


Section	Description of Contravention
84 (inserted by section 15 of the Road Traffic Act 2002 and amended by section 29 of the Act of 2004)	Contravention of prohibition on street service vehicle from standing for hire at a place other than an appointed stand
86	Contravention of bye-law made under section 86 in relation to stopping places and stands for omnibuses

Part 2 Offence under section 35(5) of the Road Traffic Act 1994


Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )	Road Traffic (Traffic and Parking) Regulations 1997 ( S.I. No. 182 of 1997 )
Article	Description of Contravention
14(6) (inserted by article 6 of S.I. No. 274 of 1998 )	Contravention of requirement to remove a vehicle parked on cycle track
33(1)(b)	Contravention of prohibition on stopping or parking a vehicle on any part of a motorway
36 (as amended by article 7 of S.I. No. 274 of 1998 )	Contravention of prohibition on parking of a vehicle
37	Contravention of restriction on parking a vehicle
38	Contravention of weight restriction on parking a large vehicle
39	Contravention of prohibition on parking a vehicle in bus lane/bus only street
40	Contravention of prohibition on parking a vehicle in clearway
41	Contravention of prohibition on parking a vehicle in school entrances
42	Contravention of restriction on parking a vehicle in loading bay
45(2)	Contravention on parking a vehicle in pedestrianised street


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Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )	Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 ( S.I. No. 98 of 2003 )
Article	Description of Contravention
9 (as amended by article 3 of S.I. No. 404 of 2004 )	Contravention of prohibition to enter a tram only street with a vehicle other than a light rail vehicle

Schedule 4 Fixed Charge Offence

Notice under section 103(6) (inserted by s. 11(1) of the Road Traffic Act 2002 and as amended by s. 18 of the Road Traffic Act 2004 ) of the Road Traffic Act 1961

Date_____(insert date)

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

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

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

Alleged Offence

It is alleged that [you have committed an offence]¹ [an offence has been committed]¹ (specify offence), including speed and speed zone - if speeding offence) involving the driving or use of a mechanically propelled vehicle bearing identification mark __ in a public place at ____ (insert location) at _ (insert time) on ___ (insert date).

Payment of Fixed Charge

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, pay a fixed charge of € (insert amount)_____, or

(b) if you do not pay that fixed charge during that period, you may, beginning on the expiration of that period, during the further period of 28 days, pay a fixed charge of € (insert amount)____.

A payment of a fixed charge under this notice must be accompanied by all of this notice[, fully completed,]¹ [if payment is made in person or by post, or by quoting the reference number mentioned on it, if payment is allowed otherwise below,]¹ and in the manner stated below.

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.

4.¹ (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 or provisional 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.

NOTE²

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/provisional licence, otherwise your payment will not be accepted.)

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 of driver:	______	Date:	_____

---	---
Driving/Provisional	[image omitted]
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	[image omitted]


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Surname: As in licence	[image omitted]

Manner of Payment:

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

Registered owner not driving the vehicle at time of alleged offence³

(1) If you were not driving or otherwise using the vehicle referred to in this notice at the time of the commission of the alleged offence you must, as required by section 103 (4) of the Road Traffic Act 1961 -

(a) not later than 28 days after the date of this notice give or send the document attached below to this notice, signed by you stating the name and address of the person who was driving or otherwise using the vehicle at the time of the commission of the alleged offence to a member of the Garda Síochána or a traffic warden at the Garda station or place mentioned in the document, and

(b) give or send to a member of the Garda Síochána or a traffic warden within such period as may be specified by him or her at a specified Garda Síochána station or another specified place such other information within your knowledge or procurement as the member or warden may reasonably request for the purpose of identifying, and establishing the whereabouts of, the person who was then driving or otherwise using the vehicle.

(2) If a payment referred to in paragraph 1 of this notice accompanied by this notice, duly completed, is made during the appropriate period referred to in that paragraph you need not comply with the requirement in subparagraph (1) above.

(3) If you comply with subparagraph (1) above you don't need to make a payment referred to in paragraph 1 of this notice, and a prosecution in respect of the alleged offence will not be initiated against you.

(4) Other than in the circumstances referred to in subparagraph (3) above, failure by you to comply with subparagraph (1) (being a failure to comply with section 103(4) of the Road Traffic Act 1961 ) is an offence upon summary conviction of which you are liable to a fine not exceeding €800.

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

STATEMENT OF NOMINATION OF NAME AND ADDRESS OF DRIVER OF VEHICLE

I was not, or being a body corporate or an unincorporated body of persons was not capable of, driving or otherwise using the vehicle mentioned in the notice in this form at the time of the commission of the offence alleged in the notice. I state that -


Name of driver: (Block Letters)	[image omitted]
Address: (Block Letters)

and, if known, his or her -

Date of birth: //____

Driving/Provisional Licence Number: ____

was driving or otherwise using the vehicle at the time of the commission of the alleged offence.


Signature of registered owner:	_______	Date:	_____

This statement together with the above notice must be given or sent to the Garda Síochána, at______, not later than 28 days after the date of the above notice.


	GIVEN under my Official Seal, 28^th March 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.)

These Regulations (operative from 3 April 2006) declare which offences involving the driving or use of mechanically propelled vehicles are fixed charge offences for the purposes of section 103 of the Road Traffic Act 1961 , determine the amount of fixed charge for each offence and prescribe the form of notice and document to be used in the enforcement of these fixed charge offences and, where applicable, the penalty point system, in relation to those offences.

Footnotes

delete as appropriate

omit this paragraph for non-penalty point offences.

omit note and declaration section for non-penalty point offences

omit, unless notice is served or affixed under s. 103 (2)(b) of Principal Act

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