Alan Kelly (Tipperary North, Labour) | Oireachtas source

Amendment No. 52 is a technical amendment to provide for the inclusion of offences under the proposed subsections (11)(4) and (16)(4) on fixed payment offences under section 46. Subsection 11(4) relates to the contravention of the requirement under section 11 to inform the licensing authority of information relating to another occupation. Subsection 16(4) relates to the contravention of the requirement under section 15 to notify the licensing authority of a change of address.

Amendment No. 53 is a technical amendment providing for the inclusion of the offence under the proposed subsection 26(2) as a specified fixed payment offence under section 46. Subsection 26(2) relates to the contravention of the prohibition on promoting, offering or advertising unlicensed SPSV services. Amendments Nos. 54 and 55 are drafting amendments to clarify that a licence holder has 28 days commencing on the service of a fixed payment notice within which he or she must make a fixed payment under section 46. Amendment No. 56 provides for a second payment period in the case where a person has not made a fixed payment within 28 days of the service of a fixed payment notice under section 46. The second payment period is a further 28 days and incurs a payment that is 50% greater than the prescribed initial fixed payment amount. The advantage of the second payment option is that the enforcement of offences can be dealt with outside the courts system. The amendment will bring the SPSV fixed payment system into line with the fixed charge system administered by the Garda under the road traffic legislation.

Amendment No. 57 is a technical amendment to clarify the different levels of fixed payments that can be specified in regulations by the authority, particularly in regard to contraventions of SPSV regulations under subsection 19(4)(b). Amendment No. 58 inserts a new section 47 to the Bill. The new section provides that where a person is served with a summons for an offence specified under section 46(1), a notice shall be issued with the summons allowing a further period of seven days within which a fixed payment can be made. The payment will be double the amount specified in the original fixed payment notice. The effective third fixed payment option mirrors the provision under section 44 of the Road Traffic Act 2010 with regard to fixed charge offences for contraventions of road traffic legislation. It is envisaged that the proposed provision will commence at such time as the third payment option comes into effect under the road traffic legislation. The purpose is to avoid bringing matters before the courts where it is more appropriate to settle them elsewhere. This facilitates greater clarity regarding SPSV offences that are in future to be specified as fixed payment offences under section 46 as fixed charge offences to be enforced by the Garda as provided under section 61.