The offence of illegally parking in a disabled persons' parking bay 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 a person does not pay the on-the-spot fine and is subsequently convicted in court of the said offence he or she is liable to a fine not exceeding €800 for a first offence. The maximum fine for a second or subsequent offence is €1,500 and in the case of a third or subsequent offence committed within a 12 month period €1,500 and-or a prison sentence of up to three months.
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 already applies to the offences of exceeding a speed limit and non-compliance with seat belt regulations. The original amount of the fixed charge will automatically increase by 50% where payment is not made within 28 days of the date of the original notice.
Regulations to provide for the roll-out of the fixed charge system to the majority of traffic and parking offences, including the offence of parking in a disabled persons' parking bay, are currently being prepared by the Department of Transport in consultation with the Department of Justice, Equality and Law Reform and the Garda Síochána.
I indicated in the Dáil during the passage of the Road Traffic Bill before Christmas that I intend that the level of fixed charge for the offence of illegally parking in a disabled persons' parking bay will be pitched at a level that will be significantly higher than the fixed charge for other parking offences. The operation of the fixed charge system is dependent on the development of a new computerised processing system for the Garda. I understand that it is expected to have the new system available during the second quarter of 2005. Regulations to support the extension of the fixed charge system to a range of offences, including the offence of illegally parking in a disabled persons' parking bay will be put in place.