S.I. No. 395/1997:

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 (SECTION 3) (OFFENCES) REGULATIONS, 1997

LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 (SECTION 3) (OFFENCES) REGULATIONS, 1997

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 3 and 6 of the Local Authorities (Traffic Wardens) Act, 1975 (as amended by section 74 of the Finance Act, 1976 (No. 16 of 1976), section 12 of the Dublin Transport Authority (Dissolution) Act, 1987 (No. 34 of 1987) and section 49 of the Road Traffic Act, 1994 (No. 7 of 1994) ), having consulted with the Minister for Justice, Equality and Law Reform, hereby makes the following Regulations:

1. These Regulations may be cited as the Local Authorities (Traffic Wardens) Act, 1975 (Section 3) (Offences) Regulations, 1997.

2. These Regulations will come into operation on the 1st day of October, 1997.

3. In these Regulations:

"the Act" means the Local Authorities (Traffic Wardens) Act, 1975 ;

"the Act of 1961" means the Road Traffic Act, 1961 ;

" the Act of 1968" means the Road Traffic Act, 1968 ;

"the Act of 1976" means the Finance Act, 1976 ;

"the Act of 1994" means the Road Traffic Act, 1994 .

4. The following offences are hereby declared to be offences to which section 3 of the Act applies:

(1) an offence of contravening a bye-law or rule made under section 84 of the Act of 1961 (as amended by section 6 of the Act of 1968) which prohibits street service vehicles from standing for hire at a place in the area in respect of which the bye-law or rule is made, other than an appointed stand;

(2) an offence of contravening a bye-law made under section 86 of the Act of 1961 which -

( a ) prohibits the stopping or parking of an omnibus at a stopping place or stand where roadway markings of the type prescribed in article 42 of the Road Traffic (Signs) Regulations, 1997 ( S.I. No. 181 of 1997 ) are provided without bringing the omnibus wholly within the area enclosed by such roadway markings, or

( b ) prohibits the stopping or parking of a mechanically propelled vehicle, other than an omnibus, either wholly or partly within the area enclosed by the roadway markings (referred to in subparagraph (a) of this paragraph) provided at a stopping place or stand;

(3) ( a ) subject to subparagraph (b) of this paragraph, an offence of contravening a regulation made under section 35 of the Act of 1994 which prohibits or restricts the parking of a mechanically propelled vehicle;

( b ) subparagraph (a) of this paragraph shall not apply to an offence under article 33 (1) of the Road Traffic (Traffic and Parking) Regulations, 1997 { S.I. No. 182 of 1997 );

(4) an offence of contravening a bye-law made under section 101 of the Act of 1961 (as amended by section 6 of the Act of 1968 and by section 49 of the Act of 1994);

(5) an offence under section 73 of the Act of 1976;

(6) an offence of contravening a bye-law made, or deemed to be made, under section 36 of the Act of 1994.

5. The form in the Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of section 3(2) and of section 3(3) of the Act.

6. The prescribed amounts for the purposes of section 3(2) (b) and of section 3(3) (b) .of the Act for offences declared by the Minister to be offences to which section 3 of the Act applies shall be -

( a ) fifty pounds in respect of an offence under section 73 of the Act of 1976;

( b ) twenty pounds in respect of the offence of stopping or parking during a clearway period on a part of a roadway which is a clearway in contravention of a regulation under section 35 of the Act of 1994;

( c ) twenty pounds in respect of an offence of parking on a part of a roadway which is a bus lane in contravention of a regulation under section 35 of the Act of 1994; and

( d ) fifteen pounds in respect of all other offences.

7. The Local Authorities (Traffic Wardens) Act, 1975 (Section 3) (Offences) Regulations, 1995 ( S.I. No. 88 of 1995 ) are hereby revoked.

SCHEDULE

Prescribed FORM FOR THE PURPOSES OF SUBSECTION (2) OR SUBSECTION (3) OF SECTION 3 OF THE ACT.

SERIAL NUMBER ..............

LOCAL AUTHORITY (name to be inserted)

Notice UNDER SUBSECTION *(2)/(3) OF SECTION 3 of THE LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 .

IDENTIFICATION MARK.................

at............................................................  on............................................................ ............

During the period of 21 days beginning on the date of this Notice you may pay the sum of fifteen pounds, twenty pounds or fifty pounds, # accompanied by this Notice, to the above mentioned local authority at ............................................................ ......................................................

A prosecution in respect of the alleged offence will not be instituted during the said period and if the sum of fifteen pounds, twenty pounds or fifty pounds # is paid during that period, no prosecution will be instituted at all.

Important: Payment will be accepted only at the address specified and must be accompanied by this Notice. Payment may be made by post.

Make cheques etc. payable to. .......................................................... (insert name of local authority). A receipt for payment will be given.

Warning: It is an OFFENCE for any person, except a person to whom it applies, to remove or interfere with this Notice.

Directions for Completing this Form

* Strike out whichever subsection is inappropriate, viz., where the notice is being given to a person strike out (3) and where it is being affixed to a vehicle strike out (2).

+ Where 'the notice is under subsection (2) the matter at (b) should be deleted and where the notice is under subsection (3) the matter at (a) should be deleted.

# Omit whichever is inappropriate.

GIVEN under the Official Seal of the Minister for the Environment and

Local Government this 29th day of September, 1997.

NOEL DEMPSEY

________________________________________

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations, which replace previous Regulations made under the Local Authorities (Traffic Wardens) Act, 1975 , declare the offences to which section 3 of that Act applies and make the necessary amendments consequent to the commencement of sections 35 and 36 of the Road Traffic Act, 1994 .

The Regulations prescribe the form of notice which may be affixed to a vehicle or given to a person by a traffic warden employed by a local authority and the amounts which a person, who is liable to be prosecuted, may pay as an alternative to the institution of a prosecution.