8. Insertion of new sections 3A to 3H in Act of 1975
The Act of 1975 is amended by the insertion of the following sections after section 3:
"3A. Fixed charge notice - service
(1) Where a traffic warden has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person, the warden shall, in accordance with this section -
(a) if the warden identifies the person, serve, or cause to be served, personally or by post, on the person a fixed charge notice, or
(b) if the warden does not identify the person and the offence involves the use of a mechanically propelled vehicle -
(i) serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice, or
(ii) affix such notice to the vehicle.
(2) A prosecution in respect of a fixed charge offence shall not be instituted by a local authority unless a fixed charge notice in respect of the alleged offence has been served on the person concerned or affixed to his or her vehicle under this section and the person fails to pay the fixed charge in accordance with the notice.
(3) Where a fixed charge notice is being served on a person identified under subsection (1)(a) or on a registered owner where subsection (1)(b)(i) applies, it may be served -
(a) in the case of personal service -
(i) where the person is identified, by -