Chapter 8

Transitional measures

Section 27 provides for the introduction of the provisions similar to those of section 18, prior to the commencement of that section, in respect of proceedings for offences under sections 49 and 50 of the Principal Act.

Section 28 provides for amendments to section 5 of the Act of 2006 to facilitate the commencement of that section prior to the lowering of BAC levels and the commencement of section 26. Subsection (2) provides for the repeal of section 5 of the Act of 2006 on the commencement of section 26

Chapter 9

Repeals (Part 2)

Section 29 provides for the repeal of certain provisions of the Road Traffic Acts consequent on the restatement of the provisions in Part 2.

PART 3 FIXED CHARGE OFFENCES AND NOTICE

This Part, while introducing some new provisions in relation to fixed charges, repeats the core fixed charge provisions (primarily section 103 of the Principal Act, as amended by a number of subsequent Road Traffic Acts) and restates them in consolidated and clearer format.

Section 30 provides for the application of the fixed charge system to certain offences.

Section 31 provides for the service of fixed charge notices and the requirements contained therein relating to a person driving the vehicle at the time of the commission of the alleged offence.

Section 32, in restating the fixed charge provisions of previous Road Traffic Acts, sets out detailed provisions for the content of a fixed charge notice, including the provision of a two tiered charge through which the level of charge will increase by 50 per cent if payment is not made within 28 days of the issue of the notice. Subsection (4) is a new provision and provides for the fixed charge notice served under section 40(1) on a person who is served with a summons in respect of a fixed charge offence.

Section 33 provides for the payment of a fixed charge notice and the initiation of prosecutions where payment is not made during the period specified in the notice.

Section 34 provides for certain presumptions in relation to a prosecution for a fixed charge offence and includes a provision to deal with alleged offences where the registered owner of the vehicle, at the time of the commission of the alleged offence, is a body corporate or unincorporated body and places certain obligations on the body to furnish details of the person who was driving or otherwise using the vehicle at that time.

Section 35 provides for making of regulations by the Minister regarding the information to be given for the purposes of section 31. This is a new provision in relation to fixed charges.

Section 36 provides for the offences in relation to fixed charge notices and the penalty associated with such offences.

Section 37 provides for the making of regulations to prescribe the amount of a fixed charge.

Section 38 provides for the authorisation by the Minister for Justice, Equality and Law Reform of the performance of the functions conferred on traffic wardens (of An Garda Síochána) for the purposes of this Part or on other such persons, as he may be determine.

Section 39 provides for the making of arrangements by the Minister for Justice, Equality and Law Reform for the performance of the function of the Garda Commissioner in respect of the serving of fixed charge notices or any of the functions of a member of the Garda Síochána or traffic wardens under Part 3 of the Bill, other than the functions specified in section 31(1).

Section 40 is a new provision. It provides a final option of payment in relation to a fixed charge offence on receipt of a Court summons in respect of that offence, not later than 7 days before the date specified in the summons on which the charge is to be heard by the Court. Subsection (1) also provides that where such a payment is made, proceedings in respect of the alleged offence will be discontinued and the person need not attend the Court on the day specified in the summons. Subsection (7) provides that evidence given by the person, who is served with a summons, that he or she was not served with a fixed charge notice in accordance with section 31, is not a defence to the alleged offence.

Section 41 provides for proceedings to be taken, where a fixed charge offence has been committed, against a body corporate, a person acting on behalf of such a body or of an unincorporated body.

Section 42 provides for certain interpretations in respect of this Part.

Section 43 provides for the repeal of certain sections of the Road Traffic Acts relating to fixed charge offences.