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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 June 2017 - onwards
Version 2 of 2

40. Offences in relation to fixed charge notices.

(1) A notice which is affixed to a mechanically propelled vehicle under section 35(1) shall not be removed or interfered with except by a person to whom the notice applies.

(2) A person who contravenes section 35(6) (subject to section 37(1)(e)) or subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) It shall be a defence for a person charged with an offence under subsection (2) consisting of a contravention of section 35(6) for the person to show that the information concerned was not within his or her knowledge or procurement and that he or she had taken all reasonable steps to obtain the information.

(4) In a prosecution for an offence under subsection (2) consisting of a contravention of section 35(6), it shall be presumed, until the contrary is shown, that the accused person was served with the fixed charge notice in accordance with section 35(1)(b) to which the offence relates.

(5) In a prosecution of a person for-

(a) the alleged offence to which a fixed charge notice, served on the registered owner of a mechanically propelled vehicle, relates, or