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
RTA 2010 s.103; Local Authorities (Traffic Wardens) Act 1975 s.3; 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
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]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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