Local Authorities (Traffic Wardens) Act, 1975

Local Authorities (Traffic Wardens) Act, 1975 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1975 Local Authorities (Traffic Wardens) Act, 1975 Local Authorities (Traffic Wardens) Act, 1975 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 14 of 1975 LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Employment of traffic wardens by local authorities. 3. Provisions applying to certain offences relating to vehicles. 4. Provisions relating to traffic wardens. 5. Prosecution of offences. 6. General provisions relating to regulations. 7. Exercise of power under this Act by one local authority for another. 8. Expenses of local authorities. 9. Expenses of Minister. 10. Short title. Acts Referred to Road Traffic Act, 1961 1961, No. 24 Roads Act, 1920 1920, c. 72 Number 14 of 1975 LOCAL AUTHORITIES (TRAFFIC WARDENS) ACT, 1975 AN ACT TO ENABLE LOCAL AUTHORITIES TO MAKE ARRANGEMENTS FOR THE CARRYING OUT OF CERTAIN FUNCTIONS IN RELATION TO ROAD TRAFFIC, TO ENABLE THE MINISTER FOR LOCAL GOVERNMENT TO MAKE GRANTS TOWARDS EXPENSES INCURRED BY LOCAL AUTHORITIES UNDER THIS ACT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [12th July, 1975] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.—In this Act— “Act of 1961” means the Road Traffic Act, 1961 ; “local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town; “mechanically propelled vehicle” has the meaning assigned to it by section 3 (1) of the Act of 1961; “the Minister” means the Minister for Local Government; “prescribed” means prescribed by regulations made by the Minister under this Act. Employment of traffic wardens by local authorities. 2.—(1) A local authority may, after consultation with the Commissioner of the Garda Síochána, make arrangements for the carrying out of the functions specified in subsection (2) of this section in the functional area of the authority by persons employed by the authority. (2) The functions referred to in subsection (1) of this section are— (a) functions in respect of offences under the Road Traffic Acts, 1961 to 1973, which relate to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles, (b) functions relating to the offence under regulations made under the Roads Act, 1920 , of not attaching to and carrying on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle issued under that Act. (3) Persons referred to in subsection (1) of this section shall be known, and are in this Act referred to, as traffic wardens. (4) For the purposes of this section, the functional area of a local authority includes the area of any local authority with which an agreement under section 7 of this Act has been entered into. Provisions applying to certain offences relating to vehicles. 3.—(1) This section applies to such of the following offences as may be declared by the Minister by regulations made after consultation with the Minister for Justice, to be offences to which this section applies, namely, any offence under the Road Traffic Acts, 1961 to 1973, which relates to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles and the offence under regulations made under the Roads Act, 1920 , of not attaching to and carrying on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle issued under that Act. (2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed an offence to which this section applies, he may deliver to the person a notice in the prescribed form stating— (a) that the person is alleged to have committed the offence, (b) that the person may, during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of a prescribed amount, accompanied by the notice, (c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. (3) Where a traffic warden has reasonable grounds for believing that an offence to which this section applies, involving the use of a mechanically propelled vehicle, is being or has been committed, he may affix to the vehicle a notice in the prescribed form stating— (a) that the offence is alleged to have been committed, (b) that a person liable to be prosecuted for the offence may, during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of a prescribed amount, accompanied by the notice, (c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, that no prosecution in respect of the alleged offence will be instituted. (4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section— (a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority specified in the notice the payment specified in the notice, accompanied by the notice, (b) that local authority may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. (5) (a) A notice affixed to a vehicle under subsection (3) of this section shall not be removed or interfered with except by a person to whom the notice applies. (b) A person who contravenes this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £20. (6) Different amounts may be prescribed for the purposes of subsection (2) (b) and subsection (3) (b) of this section in respect of different offences, different classes of vehicles and offences alleged to have been committed in particular public places or different areas. (7) In a prosecution for an offence to which this section applies the onus of showing that a payment pursuant to a notice under this section has been made shall be on the defendant. (8) Moneys accruing to a local authority under this section shall be disposed of in accordance with regulations made by the Minister. Provisions relating to traffic wardens. 4.—(1) A person who obstructs a traffic warden acting in the course of his duty shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £20. (2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed an offence to which section 3 of this Act applies, an offence under section 3 (5) of this Act or an offence under this section, he may request or demand of the person his name and address. (3) Where a person whose name and address is requested or demanded of him under this section refuses or fails to give his name or address or gives a name or address which is false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £20. (4) Where a traffic warden requests or demands information of a person under this section, the person shall not be bound to comply with the request or demand unless the warden produces, if requested by the person, official identification of his identity. Prosecution of offences. 5.—A prosecution for an offence to which section 3 of this Act applies, an offence under section 3 (5) of this Act or an offence under section 4 of this Act may be brought by a local authority. General provisions relating to regulations. 6.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. (2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Exercise of power under this Act by one local authority for another. 7.—A local authority may enter into an agreement with another local authority that any power conferred on the first-mentioned authority by this Act may be exercised on its behalf by the second-mentioned authority and the power shall from such entry become exercisable by the second-mentioned authority. Expenses of local authorities. 8.—The Minister may, with the consent of the Minister for Finance, make grants towards the expenses under this Act of a local authority. Expenses of Minister. 9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Short title. 10.—This Act may be cited as the Local Authorities (Traffic Wardens) Act, 1975. 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