Michael Healy-Rae (Kerry South, Independent)
Link to this: Individually | In context | Oireachtas source

707. To ask the Minister for Justice and Equality his views on correspondence (details supplied) regarding fines; and if he will make a statement on the matter. [26965/13]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am informed by the Garda authorities that ordinary post is utilised to serve fixed charge notices, in accordance with section 25 of the Interpretation Act 2005, which provides that service of a document may be so effected and that such service is deemed, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. I am also informed that section 103(10) of the Road Traffic Act 1961 provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant fixed charge notice has been served or caused to be served and that a payment pursuant to the relevant notice has not been made.

Insofar as the use of registered post is concerned, I understand that this would not overcome objections that notices were received by persons other than those they were intended for, or that persons would not seek to avoid service by declining to accept such registered notices.

The Deputy will appreciate that road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I am informed that a number of legislative changes are contained in the Road Traffic Act, 2010 which strengthen the provisions relating the service of fixed charge notices for road traffic offences and I understand that the measures necessary to bring them into effect are being examined by the relevant stakeholders at present.