Penalty points question.

shamalive

Driving in a bus lane (not in Dublin), stopped by a garda.
Took licence details and address.

I asked what the penalty was, said he couldnt tell me,
I asked under which legislation I was committing an offence,
said he didn't know.

Am I looking at points or just a fine?
Have googled quite a bit but some sites offer conflicting information.

byte

So, basically, a garda stopped you, but didn't know why? Can they do that?

shamalive

byte wrote:

So, basically, a garda stopped you, but didn't know why? Can they do that?

Well it was obvious that it was due to driving in the bus lane,
as he had other cars pulled in for the same thing.

But he was unable to tell me which legislation applied, nor what the penalty was,
something I thought he was obliged to do.

Anyone know for sure if its just a fine, or penalty points?

Bam Bam

What time was this at? Was the bus lane closed or still operating?

dermot_sheehan

Driving in a Bus Lane Violates Article 32 of the Road Traffic (Parking and Driving) Regulations 1997 http://www.irishstatutebook.ie/ZZSI182Y1997.html#ZZSI182Y1997A32

These Regulations are made according to s. 35 of the Road Traffic Act 1994
http://www.irishstatutebook.ie/ZZA7Y1994S35.html

According to the Article 3(6) of the Road Traffic Act (Section 103 Violation) Regulations 1999 http://www.irishstatutebook.ie/ZZSI12Y1999.html violation of Article 32 the 1997 regulations is to be treated as an offence under the section 103 of the Road Traffic Act 1961 as amended. According to section 102 of the Road Traffic Act http://www.irishstatutebook.ie/ZZA24Y1961S102.html violation of section 103 regulations is an offence, for a first offence dealt with under s. 102(a).

According to section 23 of the Road Traffic Act 2002 the fine for a section 102(a) violation is now €800 if it goes to court http://www.irishstatutebook.ie/ZZA12Y2002S23.html

According to section 11 of the Road Taffic Act 2002 http://www.irishstatutebook.ie/ZZA12Y2002S11.html section 103 offences may now be dealt with by fixed penalty notice at an amount set by the minister. The Minister in the Road Traffic Act 1961 (Section 103) Offences Regulations set the amount at €80

http://www.irishstatutebook.ie/ZZSI492Y2002.html

The First Schedule to the Road Traffic Act 2002 declares certain offences to be penalty points offences. http://www.irishstatutebook.ie/gen142002a.html
Article 32 of the ROAD TRAFFIC (TRAFFIC AND PARKING) REGULATIONS, 1997 is not among them.


Hope this makes sense. You'd think there would be an easier way to punish such a simple matter by legislation, effectively the problem is the issuance of rules to the roads is left to the minister, while the punishment for violating those rules has to be created by the oireachtas. Then amendments have to be enacted to keep the fines meaningful (original s. 102(a) fine was 20 pounds), and to provide for penalty points and fixed penalty notices.

Synopsis, no penalty points, max €800 if it goes to court, can be dealt with by an €80 fixed penalty notice.

shamalive

Thanks gabhain...

I can live with a fine!

mathie

So what is the fine for an offence?
And are there definitely no points?

Thanks
M

Wishbone Ash

mathie wrote:

And are there definitely no points

Not specifically for driving in a bus lane. I don't know if they could apply points for:

1. Failure to comply with mandatory traffic signs.
2. Failure to comply with prohibitory traffic signs.
3. Failure to comply with traffic lane markings.

Or what about driving in a counterflow bus lane. :eek:

Mojito

€60 fine if paid within 28 day then increases to €90 euros.

No points.

cormie

Got done for this just last week, damn Dublin City, was looking at a map and about to take a left up to the street I wanted to go, it was one way so no left turn so got caught in the bus lane. Garda didn't doubt my story but said he had to act on it because if everyone saw him do nothing while they were all stuck in the proper lanes it wouldn't look the best.

€60 with no points.

milltown

I was under the impression that in order to prosecute under the road traffic act, the Garda had to caution you at the scene and tell you which section you were being charged under.

This was the case years ago anyway but they may have had to amend that to allow them prosecute speeding offences caught on camera.

FX Meister

No points, really? That's the only thing that's been keeping me out of the bus lanes. Recentley I've been creeping back into them though. I've no problem paying a fine but not really into the three and half years the points would be hanging over me.