(1) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person-
(a) if the member identifies the person, the member shall serve, or cause to be served, personally or by post, on the person a fixed charge notice, or
(b) if the member does not identify the person and the offence involves the use of a mechanically propelled vehicle, the member shall serve, or cause to be served, personally or by post, on the registered owner of the vehicle a fixed charge notice.
(2) A prosecution in respect of a fixed charge offence shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned 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 the person is not identified under subsection
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