Written answers

Thursday, 1 October 2015

Department of Transport, Tourism and Sport

Road Traffic Offences

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

269. To ask the Minister for Transport, Tourism and Sport if he will consider an amendment to section 12 of the Road Traffic Act 2002 to allow for suspension of parking fines, when such fines are under appeal to either the local authority concerned or to the Ombudsman; if he is satisfied that section 12(c), which allows local authorities to increase the amount of a fine by 50% if it is unpaid after 28 days, is fair and equitable in the circumstances of an appeal; and if he will make a statement on the matter. [33787/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

​The provisions referred to by the Deputy relate to fixed charge offences, and I have no plans to change them.

Under section 3 of the Local Government (Traffic Wardens) Act 1975, as substituted by section 12 of the Road Traffic Act 2002, traffic wardens are empowered to issue fixed charge notices for certain offences, including parking offences. This measure was introduced under the 2002 Act in tandem with the power of An Garda Síochána to issue fixed charge notices. 

The fixed charge notice system has proven very effective as a tool for enforcement and deterrence. It also has the advantage, to both the public and the courts, of providing a means by which many of the cases can be resolved without recourse to the courts, with the inevitable added cost and burden to the courts which this would involve.

Fixed charge notices, whether issued by An Garda Síochána or by traffic wardens, allow a 28 day period in which the fixed charge penalty may be paid, after which the person has a further 28 days to pay the original penalty plus 50%. Where the penalty has not been paid within 56 days, a prosecution for the offence can be initiated. If payment is made within the 56 day period, there is no prosecution.

In cases where people wish to offer a defence regarding the alleged offence, they have the option to refuse to pay, and defend the case in court.

I see no reason to change this system in the manner proposed by the Deputy.

Comments

No comments

Log in or join to post a public comment.