Section 23 of the Road Traffic Act 2002, which was commenced on 31 October 2002, provides for major increases in certain financial penalties for road traffic offences including an increase in the general penalty that applies to the majority of offences under the Road Traffic Acts, including the offence of illegally parking in a cycle track.
Where a person is convicted of this offence he or she is liable to a fine not exceeding €800 for a first offence, increased from €190, a fine not exceeding €1,500 for a second or subsequent offence and if a third or subsequent such offence is committed within 12 months, the person is liable to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months or both. The determination of the actual fine to be imposed in each particular case is a matter for the courts.
The offence of parking illegally in a cycle track currently comes within the scope of the on the spot fines system. The amount of the on the spot fine applicable to this offence is €19, which is the level that applies to the majority of parking offences. Where an on the spot fine notice is issued, it is open to the person to whom the notice is addressed to pay the relevant amount so as to avoid the matter proceeding to court. The Road Traffic Act 2002 provides for the replacement of the current on the spot fines system by a fixed charge system. The new system will bring greater certainty to the application of administrative charges for the traffic and parking offences to which it will apply. I expect that the full roll out of the fixed charge system will be completed by mid-2004.