Fixed Charge Notices are provided for under the Road Traffic Act, 2002 and are an alternative to prosecution. They give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. While the issuing of a Fixed Charge Notice does not constitute commencement of legal proceedings, it normally leads to a prosecution if the fixed charge is not paid.
There can be circumstances, however, where the Fixed Charge Notice may be cancelled, in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines issued by the DPP. The basis for this is the long-established non-statutory principle of prosecutorial discretion, whereby there is no obligation to prosecute in any given case. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. The procedures provide authority to District Officers (who are Superintendents), or Inspectors Acting as District Officers, and an Inspector in the Fixed Charge Processing Office, to cancel Fixed Charge Notices.
District Officers or Acting District Officers therefore have discretion to authorise cancellation in appropriate circumstances of Fixed Charge Notices. Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.
As the Deputy will be aware, documentation containing allegations concerning the enforcement of road traffic legislation was forwarded by my Department to the Garda Commissioner. The Commissioner appointed an Assistant Commissioner to conduct an examination and to report on the allegations. I have now received the report from the Commissioner and this report is currently under consideration within my Department. I intend to bring the report to Government at the earliest opportunity and to publish the findings thereafter.
The website of the Road Safety Authority is not a matter for my Department.
