Fixed-charge notice cites old, repealed road traffic law instead of the current one
The law that used to govern fixed-charge notices (FCNs) in Ireland was repealed on 1 June 2017 and replaced by a newer piece of road traffic legislation. Any FCN issued after that date must be based on the current law — not the old one. If your FCN prints the old legal authority on its face, or if the council bye-law under which it was issued has never been updated to refer to the current law, the notice contains a citation error. This matters because an FCN must be issued in the correct, prescribed form; citing a law that no longer exists calls into question whether the notice meets that requirement.
Legal basis
Road Traffic Act 2010, Part 3 (Fixed Charge Notice Offences), in particular s.35 (service) and s.37 (prosecution bar); repealed Road Traffic Act 1961 s.103.
How to identify this in your case
Look at the legal-basis text printed on the FCN. If it cites only 'RTA 1961 s.103' or the 1962/1976/1999 SI series under s.103 without referencing RTA 2010 Part 3, raise it as a citation defect.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.
The Fixed Charge Notice cites Section 103 of the Road Traffic Act 1961 as its statutory basis. That section was repealed by Statutory Instrument under the Road Traffic Act 2010 with effect from 1 June 2017. The Notice is therefore not in the form prescribed by the Act now in force (RTA 2010 ss.35–44) and is invalid.
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