John Curran (Dublin Mid West, Fianna Fail)
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Question 219: To ask the Minister for Transport if the offence of breaching a three tonne restricted area will be dealt with by way of an on-the-spot fine rather than by a summons. [16485/05]

Martin Cullen (Waterford, Fianna Fail)
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The offence of breaching a weight restriction placed at the entrance to a road is not subject to the on-the-spot fine system. A person accused of such an offence must be summonsed to appear in court and on conviction for a first offence is liable to a fine not exceeding €800.

The Road Traffic Act 2002 provides for the replacement of the on-the-spot fine system with the new fixed charge system. That system applies to the offence of exceeding a speed limit and seat belt offences. Regulations to provide for the roll-out of the system to a range of additional offences involving the use of mechanically propelled vehicles, including the offence of breaching a weight restriction, are being prepared by my Department in consultation with the Department of Justice, Equality and Law Reform and the Garda Síochána.

The operation of the fixed charge system is dependent on the development of a new computerised processing system for the Garda. I understand it is expected to have the new system available during the summer of 2005.