Part 3 governs the enforcement of infringement notices: on-the-spot penalties issued under various written laws (for example, traffic offences, parking, environmental offences and minor regulatory breaches). The Part applies only to principal enactments that have been prescribed as enactments to which the Part applies, and only to prosecuting authorities that have been approved by the Registrar under section 13.
Division 2 sets out the enforcement sequence. If a modified penalty is not paid within the time specified in the infringement notice, the prosecuting authority may issue a final demand (section 14). If the demand is not satisfied, the notice may be registered with the Registry, triggering the enforcement machinery. Upon registration, the Registrar issues an order to pay or elect (section 17): the alleged offender must either pay the unpaid infringement amount or elect to have the matter dealt with by a court. Failure to comply with the order may lead to a licence suspension order under section 19, which is served on the Roads and Transport authority and results in suspension of the offender's driver's licence.
If the unpaid amount is still not recovered after licence suspension, the Registrar may issue an enforcement warrant under section 21A, authorising the Sheriff to seize and sell personal property and, through the land-related provisions in Part 7, to register memorials against and ultimately sell real property.
Division 2A provides for time to pay orders in the infringement notice context, enabling the alleged offender to apply for an order permitting payment by instalments. The Registrar is required to make a time to pay order if satisfied that the amount is beyond the alleged offender's immediate means and that the proposed payment plan is reasonable.
Division 3 contains miscellaneous provisions including the alleged offender's right to elect court determination (section 21), the effect of payment of the modified penalty (section 24), and the application of recovered amounts (section 27).