S.L. 291.10 Art. 4Authorisation to initiate the on the spot fine procedure. 

(1) Where an authorised officer has reasonable grounds to suspect that a person has committed an offence listed in the

Schedule to the Act and such person is a non-habitual resident, the authorised officer shall initiate the on the spot fine procedure in accordance with this regulation:

Provided that where a non-habitual resident is also suspected of concurrently committing another offence under any other law not included under the Schedule to the Act, the on the spot fine procedure shall not be applied and proceedings shall be instituted in accordance with the legislation under which the offences were committed.

(2) The authorised officer shall, at the time of issuing the on the spot fine, inform or make available to the non-habitual resident the following information:

(a) the nature of the offence alleged to have been committed;

(b) the amount of the fine (multa or ammenda) payable;

(c) the requirement to effect payment of the on the spot fine immediately using the payment methods provided for in regulation 5(1);

(d) the consequences for non-payment in accordance with regulation 6;

(e) that according to sub-regulation (4) the payment of the on the spot fine by the person who was fined shall not prejudice his right to submit a petition or appear before a Commissioner.

(3) Without prejudice to article 14(5) of the Act, where a non-habitual resident is issued with an on the spot fine under this regulation, such fine (multa or ammenda) shall be payable immediately upon its issuance through one (1) of the authorised payment methods provided under regulation 5.

(4) Payment of an on the spot fine under these regulations shall not prejudice the right of the non-habitual resident to submit a petition before the Petitions Board in accordance with the Petitions

(Local Tribunals) Regulations or appear before a Commissioner in accordance with regulation 8 and the provisions of the Act relating to the on the spot fine issued. Any payment of an on the spot fine made pursuant to these regulations shall, until the conclusion of proceedings before the Commissioner or before the Petitions Board, be deemed to constitute a deposit made to guarantee the execution of a decision in the event of a finding of guilt by the Commissioner or of a denial of a petition by the Petitions Board.

(5) Where the non-habitual resident elects to pay the on the spot fine immediately, the amount payable shall be the amount prescribed for the offence under the corresponding provision of the Act or of any regulations made thereunder:

Provided that where an offence listed in the Schedule to the Act provides for a range within which a fine (multa or ammenda) may be imposed, the authorised officer shall impose the minimum amount within that range:

Provided further that without prejudice to the provisions of article 14(3) of the Act, any amount payable in respect of an on the spot fine in accordance with these regulations shall in no case be less than fifty euro (€50) or the minimum punishment established by law for the offence, whichever is the higher.

(6) Where a non-habitual resident submits a petition before the Petitions Board or appears before a Commissioner in relation to the payment of the on the spot fine issued, and such petition or appearance before the Commissioner results in the on the spot fine being overturned, any amount paid in respect of such an on the spot fine shall be reimbursed to the non-habitual resident without undue delay. For the purposes of these regulations, the filing of written submissions to a Commissioner shall be deemed to constitute an appearance before such Commissioner:

Provided that where a petition has been submitted before the Petitions Board, the Board shall decide on the petition within forty-eight (48) hours from the date of submission:

Provided further that a hearing before the Commissioner may be held by electronic means.

(7) Where a non-habitual resident has paid the on the spot fine and does not submit a petition before the Petitions Board or appear before the Commissioner in relation to the payment of the on the spot fine issued, within the time-limits established under the Act, the liability in respect of the offence shall be deemed extinguished and no further proceedings shall be taken against the non-habitual resident.