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Fixed charge offence,Non display of a tax disc

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  • 05-01-2012 10:21pm
    #1
    Mondo101
    Registered Users Posts: 7 ✭


    I received a fine notice today for non display of a tax disc.
    I wasn't stopped by the Gardai so it must have been a camera.
    Thing is the location of the offence is listed as Loughmore ,Raheen Limerick.
    This is an Industrial estate, are these considered Public roads?
    Tagged:


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    #2
    ThePower11
    Closed Accounts Posts: 553 ✭✭✭ThePower11


    Mondo101 wrote: »
    I received a fine notice today for non display of a tax disc.
    I wasn't stopped by the Gardai so it must have been a camera.
    Thing is the location of the offence is listed as Loughmore ,Raheen Limerick.
    This is an Industrial estate, are these considered Public roads?
    Probably a traffic or parking warden done you.

    You were on a public road.

    What's the problem here exactly?


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    #3
    MarkR
    Moderators, Regional Midwest Moderators Posts: 11,093 Mod ✭✭✭✭MarkR


    Mondo101 wrote: »
    I received a fine notice today for non display of a tax disc.
    I wasn't stopped by the Gardai so it must have been a camera.
    Thing is the location of the offence is listed as Loughmore ,Raheen Limerick.
    This is an Industrial estate, are these considered Public roads?

    Public area is any place you can drive into really.


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    #4
    Mondo101
    Registered Users Posts: 7 ✭Mondo101


    MarkR wrote: »
    Public area is any place you can drive into really.
    Looks like Ill be stumping up 60 brick then...


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    #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Road traffic act 1961 as amended by Road Traffic Act 1994,

    (iv) by the substitution for the definition of “public place” of the following definition:

    “‘public place’ means—

    (a) any public road, and

    (b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;”;


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    #6
    coylemj
    Registered Users Posts: 25,417 ✭✭✭✭coylemj


    Doesn't non-display of a tax disc come under the Finance Act 1976?

    73.—(1) Where a vehicle to which this Part applies is used, parked or otherwise kept at any time in a public place, if while the vehicle is being so used, parked or kept there is not fixed to and exhibited on the vehicle in accordance with section 5 (5) of the Act of 1920 a licence which is both issued in respect of the vehicle and is for the time being in force, then the person by whom the vehicle is so used, parked or kept at the time shall be guilty of an offence, and in addition to the person aforesaid, the person (if he is not the person aforesaid) who on the day on which the offence is committed is in relation to the vehicle the relevant person shall also be guilty of an offence.

    http://www.irishstatutebook.ie/1976/en/act/pub/0016/sec0073.html#sec73


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    #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    From memory the Finance Act does not define public place, where road traffic act does. Unless someone is saying a public place is different for different Acts.


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    #8
    Victor
    Registered Users Posts: 78,369 ✭✭✭✭Victor


    ResearchWill wrote: »
    Unless someone is saying a public place is different for different Acts.
    This can happen.


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    #9
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Victor wrote: »
    This can happen.

    Yes it can but when an act has no definition, and the matter involves a MPV, I would think logically the def in the RTA would apply, and not for example a def in sexual offences legislation.

    If someone can please link to another definition for public place in relation to MPV please do. The OP asked a question, I gave a def of public place if it is not the correct one please link to the correct one in this case.


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    #10
    coylemj
    Registered Users Posts: 25,417 ✭✭✭✭coylemj


    ResearchWill wrote: »
    Yes it can but when an act has no definition, and the matter involves a MPV, I would think logically the def in the RTA would apply, and not for example a def in sexual offences legislation.

    'Logical' it may be but we're talking about legislation here.

    The original legislation covering tax discs and registration plates was the Roads Act 1920 but I can't see any definition of public place there either.


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    #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    coylemj wrote: »
    'Logical' it may be but we're talking about legislation here.

    The original legislation covering tax discs and registration plates was the Roads Act 1920 but I can't see any definition of public place there either.

    As section 73 of the finance act is amended by regulations under the RTA and by the RTA 2010 http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0034.html

    I can not think of any other def that would be used by a court, but of anyone can point to a def that would be used please do so.


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    #12
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    This isn't the only place I've seen this kind of ommission in the legislation. Dangerous driving has a distinction between an offence in which injury is caused and a more serious offence where serious injury or death is caused. But in no road traffic legislation have I ever seen a definition for serious harm. In fact, the only place I've seen any definition for harm is the Non-fatal Offences Act.


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