Pat Gallagher (Donegal South West, Fianna Fail)

These amendments to the Bill were passed by the Dáil and they bring greater clarity and consistency to the statutory provisions of the road traffic Acts and the Local Authorities (Traffic Wardens) Act 1975 as regards the operation of the fixed charge system and in particular some functions carried out by local authority traffic wardens. While there are a number of amendments, I will take as examples amendment Nos. 27 and 31. These ensure minor provisions are provided in section 103 of the Road Traffic Act 1961 and in section 3 of the Local Authorities (Traffic Wardens) Act 1975 as regards corresponding provisions in each statute in relation to the scope of the regulatory power the Minister can exercise.

It is appropriate that a common form will be used in both statutes. With the exception of amendment No. 27, already referred to, all of the other amendments are being discussed together relate to the Local Authorities (Traffic Wardens) Act 1975. Section 15 of the Bill refers to the Act of 1975. The purpose of the amendments is basically to streamline, clarify and update various provisions of the 1975 Act. The amendments in the main are of a technical and restatement nature, but also include the following which are more substantive in nature. Where a traffic warden has issued a fixed charge notice in respect of an alleged offence, the Bill expressly provides — amendment No. 31 — that a registered owner of a vehicle will be liable to a fine not exceeding €1,000 on summary conviction in respect of an offence of giving false or misleading information to a local authority traffic warden regarding the identity of the person who is stated to have been driving at the time the offence alleged was committed.

The maximum fine, on summary conviction, for offences under the 1975 Act of obstructing a traffic warden or failure to comply with a request for a name and address in situations where the traffic warden has reasonable grounds for believing the person is committing, or has committed a fixed charge offence, was last reviewed in 1987 and stands at only the euro equivalent of £150. The level of maximum fine for these two offences has been increased in the Bill through amendment No. 32 to €1,000 to make it a more reasonable deterrent.