What should I do if I receive a Fixed Charge Notice in Ireland?

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What should I do if I receive a Fixed Charge Notice in Ireland?

The short answer

You have 28 days to pay the fixed charge at the reduced amount. If you don’t pay within 28 days, the charge increases by 50% and you have another 28 days. If you still don’t pay, a court summons is issued. You can also dispute the notice — but if you go to court and lose, the penalty and points may be higher than the original fixed charge.
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You open the post, and there’s a Fixed Charge Notice from An Garda Síochána for a driving offence. Speeding, mobile phone use, no seatbelt — whatever it is, the notice tells you to pay a fixed amount within a specific timeframe. What are your options, and what happens if you don’t pay?

What is a Fixed Charge Notice?

A Fixed Charge Notice (FCN) is an out-of-court resolution offered for certain road traffic offences. Instead of being prosecuted, you can pay a set fine (and accept any associated penalty points) and the matter ends there — no criminal record, no court appearance.

The FCN system covers offences including:

  • Speeding
  • Using a mobile phone while driving
  • Not wearing a seatbelt
  • Driving without insurance or NCT [VERIFY — some no-insurance offences may not be eligible for FCN]
  • Breaking a red light
  • Parking offences
  • Driving in a bus lane

The three stages of a Fixed Charge Notice

Stage Time What happens
Stage 1 0-28 days Pay the base amount. Penalty points (if applicable) are added.
Stage 2 29-56 days Charge increases by 50%. Pay this higher amount to settle.
Stage 3 56+ days A court summons is issued. You must attend court.

The base amounts vary by offence. As of [VERIFY current rates], common amounts include:

  • Speeding: €160 [VERIFY] + 3 penalty points
  • Mobile phone while driving: €120 + 3 penalty points
  • No seatbelt: €120 + 3 penalty points
  • Breaking a red light: €160 + 3 penalty points

Your options

Option 1: Pay the FCN

If you accept that you committed the offence, the simplest course is to pay. You can pay online via the AGS payments portal, by phone, in person at a post office, or by post.

Paying the FCN means:

  • No criminal record
  • No court appearance
  • Penalty points are added to your licence (if applicable)
  • The matter is closed

Option 2: Dispute the FCN

If you believe the FCN was issued incorrectly (mistaken identity, wrong vehicle, valid defence to the alleged offence), you can choose not to pay and contest the matter in court.

However, going to court is risky:

  • If you lose, the court can impose a higher fine than the FCN amount
  • The court may impose additional penalty points (often more than the FCN equivalent)
  • You will have a criminal conviction recorded
  • Court costs may be added
  • The conviction may affect insurance, employment, and travel to some countries

Disputing is appropriate when you have a genuine defence — wrong driver identified, defective speed equipment, emergency justifying the conduct, or procedural defects in the notice. It is rarely worth disputing simply because the fine feels harsh.

⚖️ Worth knowing

If you weren’t the driver at the time of the alleged offence, you have a duty to identify the actual driver. You can complete the “owner not driver” portion of the FCN and provide the driver’s details — this transfers liability to the named driver.

Option 3: Do nothing

Ignoring an FCN is the worst option. The charge will increase after 28 days, a court summons will follow, and you’ll end up paying significantly more — with the prospect of a criminal conviction and additional penalty points.

“Not receiving” the FCN is generally not a defence. The notice is sent to the registered address of the vehicle owner. If you’ve moved and not updated your address with the NVDF (National Vehicle and Driver File), you’re still considered notified.

Penalty points: what they mean

Penalty points are recorded against your driving licence. They remain on record for 3 years from the date of the offence.

Points accumulated Consequence
0-6 points No automatic consequence
7-11 points Generally none, but high insurance premium
12+ points Automatic 6-month disqualification
7+ points (novice/learner driver) Automatic 6-month disqualification

Note the lower threshold for learner and novice drivers (within 2 years of passing their test).

If you go to court

If you don’t pay an FCN and a summons is issued, you’ll be required to attend the District Court on a specified date. You can:

  • Plead guilty (the court will impose a penalty)
  • Plead not guilty (the matter proceeds to a contested hearing)
  • Be represented by a solicitor or appear yourself

Failing to attend court can result in a bench warrant for your arrest and additional charges.

Common defences to traffic offences include:

  • Mistaken identity — you weren’t driving the vehicle
  • Defective equipment — the speed camera, breath test, or other detection equipment was faulty
  • Necessity or emergency — you had to commit the act to avoid worse harm
  • Procedural defects — the FCN was incorrectly issued (wrong address, missing information, etc.)
  • Insufficient evidence — the prosecution can’t prove the offence beyond reasonable doubt

If you have any of these defences, get legal advice before deciding whether to dispute. A solicitor can assess the strength of the case and the likely outcome.

Final thoughts

The Fixed Charge Notice system is designed to keep minor traffic offences out of court — to your benefit. Paying the FCN, while annoying, is almost always the right call unless you have a genuine defence. The 28-day window matters: pay within it and you avoid the 50% surcharge. Ignore the notice entirely, and you risk far more serious consequences than the original fine.

Frequently asked questions

Can I get an extension on the 28-day deadline?

There is no formal extension mechanism, but in some circumstances (illness, being abroad), you may be able to write to the Fixed Charge Processing Office explaining the situation. Don’t rely on this — pay if you can.

Can a passenger's seatbelt offence affect me?

As the driver, you’re legally responsible for ensuring passengers under 17 wear seatbelts. For adult passengers (17+), they themselves are liable for not wearing one.

What if I sold the car before the offence date?

You must have notified the NVDF of the sale on time. If you did, the offence should be attributable to the new owner. If you didn’t, you remain on record as the owner and the FCN comes to you.

How do I check my current penalty points?

You can check your penalty points at rsa.ie using your driving licence details.

Will my insurance go up?

Penalty points alone don’t automatically increase insurance, but most insurers ask about them when quoting. 3+ penalty points typically leads to higher premiums. Multiple offences or conviction-level penalties can significantly increase premiums or lead to refusal of cover.

Sources & further reading

  1. Road Traffic Act 2010 — (Fixed Charge Notice provisions)
  2. Road Traffic (No. 2) Act 2011
  3. Road Traffic Act 2002 — (penalty points system)
  4. Road Safety Authority — "Penalty points"
  5. An Garda Síochána — "Fixed Charge Notices"
  6. Citizens Information — "Fixed charge notice"

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About the reviewing solicitor

Sarah Ryan, BL

Ryan & Associates

Law Society of Ireland · Reg. 12345

Sarah Ryan is a barrister specializing in residential tenancy law and property disputes. Based in Galway, she has 12 years of experience representing tenants and landlords before the RTB and Irish courts. She has appeared on RTÉ Radio One discussing rental rights and contributes regularly to the Galway Bay FM legal hour.

Important: This article is provided for information only and does not constitute legal advice. For your specific situation, please consult a qualified solicitor. Information on Legals.ie is reviewed regularly but the law can change — verify any time-critical details with a current solicitor before acting.