My point to the Minister was that subsection (2) of section 3 seems to suggest there were offences in which the use of a mechanically propelled vehicle was not involved. Subsection (2) seems to studiously avoid the situation where a mechanically propelled vehicle is involved. I could not envisage, having regard to the restricted nature of the Bill as it now stands, a situation where an offence could be committed without involving a mechanically propelled vehicle. If the situation is merely as the Minister has suggested, it seems that subsections (2) and (3) could have been telescoped into one subsection by merely saying that that the traffic warden can either affix a notice or deliver it to the person involved. Where one subsection says "involving the use of a mechanically propelled vehicle" and the other avoids using these words it suggests that there are offences in which a mechanically propelled vehicle was not involved. I wonder if there is such an offence.
Local Authorities (Traffic Wardens) Bill, 1975: Committee and Final Stages
There is not. Senator Ryan is quite correct. They could have been telescoped. The only reason we included them is because we lifted them entirely out of the previous legislation.
The other point is that I appreciate what the Minister said about "in any circumstances". He has a precedent for it which is a good excuse for doing almost anything. It seems to me that the Minister might have avoided the precedent because a traffic warden who is not a very equable person and has not much training may easily make a mistake. A citizen, rather than get involved, may make a mistake. It seems to be a little bit hard in such circumstances where two people have made bona fide mistakes that in any circumstances the amount of money involved cannot be recovered.
With regard to a fine on the spot he does not have to pay there and then. He has time to consider it. The position would be impossible if somebody could pay on the spot and then subsequently decide that he would go to the court also. There have been no complaints about the system so far and it is quite some time in operation. I think that is evidence enough that it is not so bad.
It is a sound establishment.