Olivia Mitchell (Dublin South, Fine Gael)
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Question 485: To ask the Minister for Transport his plans to introduce on the spot fines for tachograph offences; the way in which this will operate; and if he will make a statement on the matter. [10035/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 16 of the Road Transport Act 1999 provides for on the spot fines in lieu of prosecution for offences under the Road Transport Acts and EU drivers hours and working time regulations. The commencement of this section has been the subject of discussions with the Attorney General's office and the advice now is that a new enabling provision in primary legislation is required to ensure compatibility with current fixed penalty charges legislation. I propose to include such a provision in the new Road Traffic Bill, which is currently being prepared in my Department.

This would provide the basis for introduction of the proposed fines system by ministerial regulations. The system will apply to operators and drivers of heavy goods and passenger vehicles where breaches of the legislation are detected. Depending on the nature and extent of the infringements, offenders may be given the option of paying a fixed penalty charge rather than face prosecution through the courts.