Garda vs Warden vs Authorised Officer Confusion
Different categories of enforcer have different powers. A Garda may issue an FCN under RTA 2010 anywhere in the State. A traffic warden has limited authority confined to the local authority's functional area and to the offences delegated to them. An FCN issued by an officer for an offence outside their delegated competence is void.
Legal basis
Road Traffic Act 2010 s.42 (the Minister authorises persons to perform the functions conferred on traffic wardens by Part 3) and s.35 (service of a fixed charge notice by a member of the Garda Siochana); Local Authorities (Traffic Wardens) Act 1975 s.3 (as substituted — subsection (2) substituted by s.46 of the Road Traffic Act 2010), which confines a traffic warden's notice power to the offences for which the warden is appointed; the relevant local authority by-law authorisation.
How to identify this in your case
Compare the offence on the FCN to the schedule of offences delegated to traffic wardens (typically parking only - moving traffic offences are reserved to Gardaí). A warden FCN for a moving offence is void.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: [Issuing Authority] Re: FCN [NUMBER] The FCN was issued by a [traffic warden / parking authorised officer] in respect of [ALLEGED OFFENCE]. Under s.3 Local Authorities (Traffic Wardens) Act 1975 and the relevant by-law, the powers of a traffic warden are confined to the offences listed in the by-law (parking-related). The alleged offence is not within the schedule of delegated offences and only a member of An Garda Síochána is competent to issue an FCN for it. The FCN is void for want of competence. Cancel immediately. Yours faithfully, [NAME]
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