Section 195: Photographic Enforcement Device Notice

195. Photographic Enforcement Device Notice (1) Where an offence specified in the Eighth Schedule is detected by means of a Photographic Enforcement Device, a police officer shall, within 14 days, cause a Photographic Enforcement Device Notice (PEDN) in the form set out in the Eighth Schedule to be served on the owner of the motor vehicle calling upon him – (a) to pay, within 21 days as from the date of issue of the PEDN, the appropriate fine specified in the Eighth Schedule; (b) to signify, at the time of payment, his agreement, in writing, that the penalty points applicable to the offence shall be allocated to him; (c) where he was not the driver or owner of the motor vehicle at the time of the offence, to fill in and sign Part B of the PEDN and return it to the licensing officer within 14 days as from the date of the issue of the PEDN. (2) Where the licensing officer receives a PEDN with Part B filled in, he shall, within 14 days, cause the PEDN to be served on the new owner or driver of the motor vehicle, as the case may be, calling upon him to comply with the requirements of subsection (1) (a) and (b). (3) A driver who has been served with a PEDN shall, within 21 days – (a) attend the appropriate District Court specified in the PEDN; (b) produce the PEDN, his original driving licence Acts 2012 327 and his National Identity Card; and (c) pay the fine specified in the PEDN. (4) (a) Where only one offence is detected, the PEDN shall make reference to the lowest number of penalty points in respect of that offence. (b) Where more than one offence are detected on a single occasion, the PEDN shall make reference to the lowest number of penalty points in respect of the offence carrying the highest range of penalty points. (5) On receipt of payment made pursuant to subsection (3), the District Court Officer shall – (a) fill in Part E of the PEDN, including the penalty points which shall be the number set out in Part A of the PEDN; (b) enter the particulars referred to in section 123AG(3)(b) on the paper counterpart; and (c) return the PEDN to the licensing officer within 14 days. (6) The licensing officer shall, on receipt of the PEDN, record the penalty points allocated. (7) The photographic evidence may be viewed by the owner or driver of the motor vehicle on written application made to the Commissioner of Police within 14 days of the date of issue of the PEDN and on payment of the prescribed fee. (8) In this section – “owner” includes – (a) a person in whose name the vehicle is registered, except where the person has sold or otherwise disposed of the vehicle and has complied with the enactment applicable to him in regard to such sale or disposal; (b) a person who is the joint owner of the vehicle; 328 Acts 2012 (c) a person who has possession of the vehicle, under a hiring, hire-purchase or lease agreement, but who is not the owner under any such agreement; (d) the holder of a motor dealer’s vehicle licence issued under section 32; and (e) the holder of a permit to remove a vehicle under the Road Traffic (Removal of Unlicensed Vehicles) Regulations 1969; “serve” means – (a) deliver in person; or (b) send, by registered post, to a person’s usual or last known place of residence or business address.