Pat Carey (Dublin North West, Fianna Fail)
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Question 504: To ask the Minister for Transport the penalties, other than the application of penalty points, which can be applied for breaches of road traffic legislation; and if he will make a statement on the matter. [10514/06]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Acts establish a range of offences and penalties that can be applied for breaches of legislation. These range from the payment of a fixed charge or an on the spot fine in respect of specified offences in lieu of court proceedings to a fine, imprisonment or driver disqualification on conviction in court.

The enforcement of offences established under the Road Traffic Acts is the responsibility of the Garda and, in respect of a limited range of parking and other offences, of traffic wardens or persons authorised by local authorities. I have no direct role in the enforcement of offences.

The Road Traffic Acts provide for a range of penalties which consist of maximum financial penalties in respect of all offences and terms of imprisonment in respect of certain offences. Unless a penalty is expressly specified in respect of a particular offence in the Road Traffic Acts, the general penalty applies. This is a maximum fine of €800 for a first offence and a maximum of €1,500 for a second or subsequent offence. Where a third or subsequent offence is committed within any period of 12 consecutive months, the court can impose a maximum fine of €1,500 and-or up to three months imprisonment.

The vast majority of the financial penalties which apply under the Road Traffic Acts were revised in 2002, and details of the monetary penalty in respect of each statutory provision are set out in section 23 of the Road Traffic Act 2002. The level of fine that may be imposed in any individual case is at the discretion of the courts. Details of monetary penalties set post-2002 are contained in section 2 of the Road Traffic Act 2003, in sections 18, 19, 23, 30 and 34 of the Road Traffic Act 2004 and in section 138 of the Railway Safety Act 2005.