S.I. No. 390/2005 — Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005

S.I. No. 390/2005 — Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005 2005 390

S.I. No. 390 of 2005 .

MARITIME SAFETY ACT 2005 (FIXED PAYMENT NOTICES) REGULATIONS 2005.

I, PAT THE COPE GALLAGHER, Minister of State at the Department of Communications, Marine and Natural Resources, in exercise of the power conferred on me by section 16(1) of the Maritime Safety Act 2005 (No. 11 of 2005) and the Marine (Delegation of Ministerial Functions) (No. 2) Order 2005 ( S.I. No. 346 of 2005 ), hereby make the following regulations:

1.  These Regulations may be cited as the Maritime Safety Act 2005 (Fixed Payment Notices) Regulations 2005.

2.  The form set out in Schedule 1 to these Regulations is prescribed as the form of the notice to be served on a person in relation to an alleged offence under section 6(2), 8(2), 11(3) or 12 of the Maritime Safety Act 2005 (No. 11 of 2005).

3.  The form set out in Schedule 2 to these Regulations is prescribed as the form of the notice to be served on a person in relation to an alleged offence under section 6(3) or (4) or 10(2) of the Maritime Safety Act 2005 .

SCHEDULE 1

Regulation 2

FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER SECTION 6(2), 8(2), 11(3) OR 12 OF THE MARITIME SAFETY ACT 2005

TO: ..........................

ADDRESS: .....................................................................................

.....................................................................................

.....................................................................................

It is alleged that you committed an offence under the above Act at ..........................................................................................

on .........................

A description of the alleged offence is given at reference number .......... indicated below.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to1

........................................

........................................

........................................

the sum of €1502 accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

SIGNED: _____________________________

Authorised person/member of the Garda Síochána3

DATE:

Maritime Safety Act 2005

Section

Description of Alleged Offence

Reference Number

6(2)

Contravening bye-laws under section 6 prohibiting or restricting operation of craft in specified waters.

1

8(2)

Unreasonable failure to stop operation of craft or to remove craft from the water when requested to do so by an authorised person or a member of the Garda Síochána.

2

11(3)

Unreasonable failure to stop operation of craft, or failure to give correct name and address, when requested to do so by an authorised person or a member of the Garda Síochána.

3

12

Obstruction of authorised person or member of the Garda Síochána exercising functions under Act.

4

 

SCHEDULE 2

Regulation 3

FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER SECTION 6(3) OR (4) OR 10(2) OF THE MARITIME SAFETY ACT 2005

TO: ..........................

ADDRESS: .....................................................................................

.....................................................................................

.....................................................................................

It is alleged that you committed an offence under the above Act at ..........................................................................................

on .........................

A description of the alleged offence is given at reference number .......... indicated below.

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice and, if during that period you pay to1

........................................

........................................

........................................

the sum of €502 accompanied by this notice, a prosecution in respect of the alleged offence will not be instituted.

SIGNED: _____________________

Authorised person/member of the Garda Síochána3

DATE:

Maritime Safety Act 2005

Section

Description of Alleged Offence

Reference Number

6(3)

Non-compliance with bye-laws under section 6 relating to launching mooring or berthing craft, conditions for operating craft or maximum speed limits for craft

1

6(4)

Allowing oneself to be carried on or towed by a craft operating in waters prohibited by bye-laws under section 6

2

10(2)

Operation of craft without reasonable consideration

3

GIVEN under my hand, 27 July 2005.

PAT THE COPE GALLAGHER,

Minister of State at the Department of Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations prescribe the form of Fixed Payment Notices (“on-the-spot-fines”) in lieu of prosecution, if appropriate, in relation to alleged offences under the Maritime Safety Act 2005 . The fixed payment is currently set at €150 for the most serious offences and €50 in other cases (but either or both amounts may be changed in the future by Ministerial Regulations under section 16 of that Act).

1Insert name of statutory authority and address where payment is to be made.

2Insert other amount if different amount is prescribed.

3Delete whichever is inappropriate.

1Insert name of statutory authority and address where payment is to be made.

2Insert other amount if different amount is prescribed.

3Delete whichever is inappropriate.