Questions about speeding tickets

Mr. Flibble

Can anyone answer these questions for me:

1) If you recieve a speeding ticket in the post with a photo of your reg on it, are you legally entitled to be sent a copy of the full photo? (and how do u go about doing this)?

2) If you say somone from outside Ireland was driving the car at the time will the Garda try to contact the person, or will that be the end of it? Is the owner of the car liable for any points or fine if someone from outside ROI was driving the car?

Anyone any experiences telling the gardi that a non irish resident was driving the car while speeding? What happened?

Johnny Storm

I believe you have to pay a fee to see the whole photo and the driver may or may not be visible in the photo (a friend tells me).

As regards the foreign national driving I doubt it could be that easy to get off.

bazz26

Mr. Flibble wrote:

Can anyone answer these questions for me:

1) If you recieve a speeding ticket in the post with a photo of your reg on it, are you legally entitled to be sent a copy of the full photo? (and how do u go about doing this)?

2) If you say somone from outside Ireland was driving the car at the time will the Garda try to contact the person, or will that be the end of it? Is the owner of the car liable for any points or fine if someone from outside ROI was driving the car?

Anyone any experiences telling the gardi that a non irish resident was driving the car while speeding? What happened?

As far as I know unless the registered owner of the car can prove without reasonable doubt that he/she was not driving the car at the time of the offence, then the registered owner gets hit with the fine and points.

I think too many people have been telling the Garda stories like their uncle from Australia was driving the car at the time of the offence and they have now returned home, knowing well that the Garda are not going to try and track down someone on the other side of the world.

MrPudding

bazz26 wrote:

As far as I know unless the registered owner of the car can prove without reasonable doubt that he/she was not driving the car at the time of the offence, then the registered owner gets hit with the fine and points.

I think too many people have been telling the Garda stories like their uncle from Australia was driving the car at the time of the offence and they have now returned home, knowing well that the Garda are not going to try and track down someone on the other side of the world.

5th Gear did a story on the myths of speeding tickets and penalty points a while ago. It was quite interesting.

In the UK they will let people off with the "my auntie was driving," but if it becomes a regular occurance they will start phoning said relatives in order to track them down.

Other myths like overpaying the fine so the ticket does not get closed off and you don't get the points were shown to be false.

I suppose you could try to say it was a relative, assuming of course you cannot be indentified by the picture. You may even get away with it the first time. Would / could they ask to see proof that the persone was insured to drive your car at that time?

MrP

Fozzie Bear

Can anyone answer this for me?

I was on a dual carriage way before xmas and i was doing 120kph on a 100kph road in the overtaking lane, (late for work). The boys in blue were stuck in a hedge up the road and i did not see them until i looked in my rear view mirror after passing them (they were that well hidden). I was expecting but never got a letter with my photo etc and it got me thinking can they give you a ticket if you are in the over taking lane?? You naturally accellerate to overtake someone so they cannot really do you for speeding as you can claim that you were just performing an overtaking manovure and sped up to this even if your not as in my case.

Any got a definite answer to this????

Seth Brundle

I doubt anyone can give a definite answer to you as we weren't there but I would reckon that because you werent stopped that you are highly likely to have escaped this time.
However, were you overtaking at the time or were you just hogging the overtaking lane?

As for what goes on in the UK, the police often scan the internet for stuff and one story I recall within the last year was where some fella told a forum that he got his g/f to take the hit as he would have otherwise lost his licence. Anyhow, the polis saw this and the two were done for something or other and he got the points.

Rovi

bazz26 wrote:

As far as I know unless the registered owner of the car can prove without reasonable doubt that he/she was not driving the car at the time of the offence, then the registered owner gets hit with the fine and points.

Also AFAIK, that's how it's supposed to happen.
The points are going somewhere, and the registered owner of the vehicle is first in the firing line unless someone else comes forward with their hands up.

I don't know if it works this way in the 'Real World (Irish Edition)' though.

.

Seth Brundle

Guilty until proven innocent!

seamus

Certainly, if the registered owner can provide a name and address for who was driving at the time, then you're sorted. I would see no harm (if it was a foreign national driving) in giving his foreign address and having the fine sent there for him to pay (otherwise he'll be arrested on his return).

Seth Brundle

Also remember that ponts given to a foreign licenced driver will be kept warm for them by the gardai. Once there is international access across the databases then the points will then be aplied.

kbannon

kbannon wrote:

Also remember that ponts given to a foreign licenced driver will be kept warm for them by the gardai. Once there is international access across the databases then the points will then be aplied.

I don't think this is going ahead now?

I believe only disqualifications are recognised between NI the republic and the UK. There was much talk of allowing both penalty point systems to co-operate but it fell through.

I for one am glad becaue I'm sure having a southern reg up north is a 6 point offense

rondeco

Here is the amswer you require. If you receive a fine in the post, there is a section where you are asked to name the person (and address) who was driving if it wasn't the reg owner. If you nominate a person outside of the country, it is imperative that you give a genuine address and a genuine person. As in, Tom Brown, 1 main street, liverpool wont wash because they send a letter to that address requesting payment of the fine. If You do have somone that will take the letter and you pay the fine, you should be away in a hack. The points are obviously discarded but the revenue is retained keeping the state happy.

If you observe the fuzz hiding behind a hedge or anything like that, you have gotten away with your speeding if they do not stop you after going past you. These gardai are always armed with speed guns and never speed cameras. Therefore they have to stop you to show you the speed registered on the gun. Only gatso vans and static cameras record photos and then have them sent to you. Hope that helps.

Gandhi

MrPudding wrote:

Other myths like overpaying the fine so the ticket does not get closed off and you don't get the points were shown to be false.

I can tell you from experience, that one doesn't work. They just keep the extra money!!! Now that I think of it, the cops probably spread that one themselves - must have made a mint out of fools like me who believed everything they read on the internet!!!

Del2005

Fozzie Bear
Can anyone answer this for me?

I was on a dual carriage way before xmas and i was doing 120kph on a 100kph road in the overtaking lane, (late for work). The boys in blue were stuck in a hedge up the road and i did not see them until i looked in my rear view mirror after passing them (they were that well hidden). I was expecting but never got a letter with my photo etc and it got me thinking can they give you a ticket if you are in the over taking lane?? You naturally accellerate to overtake someone so they cannot really do you for speeding as you can claim that you were just performing an overtaking manovure and sped up to this even if your not as in my case.

Any got a definite answer to this?????

Had a traffic cop in work a couple of months back and asked him that question. His answer was that the speed limit is the maximum speed allowed on that section of road and there is no legal way, except for a copper, to exceed it. Not when overtaking etc.

Our man in Havana

There is a duty on the Registered owner to know who was driving at the time. They are obligated by section 107 of the Road Traffic act 1961 to give such information when demanded by a member of the Garda Síochána. http://www.irishstatutebook.ie/ZZA24Y1961S107.html

It happened to me a year ago, letter accusing me of speeding dropped thru the letterbox, father in law was driving. Filled out back and sent it off. Got a letter 2 weeks later thanking me for the information and advised that the matter was now closed and I was no longer liable. This letter was signed by an inspector.

In the UK where they are wise to such stories, they often request the RO to supply proof of such other drivers, such as insurnace to cover them, copies of airline tickets etc. I don't know if the garda are as strict in such investigations.

This debate opens up another agrument, if the RO can prove beyond any reasonable doubt by means of an alibi (witnesses, passport etc) that they could not have been driving but they don't know who was because for example they were outside of Ireland would they get away with the fine? I expect this to come up before a court any day now.

Surely they would be not guilty of speeding, but possibly guilty of an offence under section 107 which is not subject to points.

deputydugs

The last post was very good and correct. Under sec 107 of the RTA act 1961 - 2004 you have to state who was driving the car at the time of the incident. It is not worth the risk b stating that some1 else was drving. Pay up and pay the fine and take the points like a man