Richard Bruton (Dublin North Central, Fine Gael)
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Question 164: To ask the Minister for Transport the legal basis for the company running the barrier free tolling imposing penalty charges on unpaid trips; if there are limits to the cost that they can add on as costs or penalty; and if there is a legal or constitutional limit on a body imposing such charges without judicial rights of review. [2718/10]

Noel Dempsey (Meath West, Fianna Fail)
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In the first instance, I should clarify that the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads, is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended). Under section 64 of the Act the non-payment of a toll can be dealt with under either civil or criminal law. This section provides that toll bye-laws made by the NRA in accordance with section 61 of the Act may allow an amount known as a "default toll" to be imposed for the non-payment or late payment of a toll. This section also provides that the default toll may take into account administrative costs in charging and collecting the toll.

The system has been carefully designed to act as an effective deterrent to toll evasion. It offers road users significant time to settle their debt and default tolls are imposed on a progressive scale. Road users have more than two months to pay the toll before court action can be initiated.