Toll roads

Our man in Havana

Can anyone tell me on what legal basis can say the M50 collect tolls? I take it when the toll plaza is removed in August and becomes a free flow system that failure to pay is a civil matter under contract law. The contract being between the driver and the toll company.

Is there any acts or SIs that cover these situations? Or is this entirely the remit of the civil courts. All the discussion so far seems to revolve around debt collectors. I would have thought that non payment would lead to criminal action in the district courts?

Johnny Utah

I'd say it could be prosecuted as either theft/making a gain by deception/ or most likely making off without payment under the Criminal Justice (Theft + Fraud) Offencese Act 2001.

It'll be interesting to see whether this sort of thing will be enforced, and I'd say a fair few foreign cars will try to get away with as it'll be harder to trace them.

dermot_sheehan

Section 64(8) of the Roads Act 1993 (as amended by section 4 of the Roads Act 2007), evading a toll is punishable by a €5,000 and/or six months imprisonment

dats_right

Section 4 (4) of the 2007 Act states: "The amount of any toll due and payable by a person under this Part and unpaid may be recovered from the person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction.".

Presumably, therefore as a matter of practice sub-section (8) which Gabhain refers i.e. where; " a person who is liable to pay a toll and who fails, neglects or refuses to pay the toll is guilty of an offence", would only operate after the civil process had failed.

Johnny Utah

dats_right wrote: »

Section 4 (4) of the 2007 Act states: "The amount of any toll due and payable by a person under this Part and unpaid may be recovered from the person as a simple contract debt by the road undertaking concerned in any court of competent jurisdiction.".

Presumably, therefore as a matter of practice sub-section (8) which Gabhain refers i.e. where; " a person who is liable to pay a toll and who fails, neglects or refuses to pay the toll is guilty of an offence", would only operate after the civil process had failed.

Could they be prosecuted under the 2001 Act separately from the civil action?

I think the offences I mentioned would cover it...

Our man in Havana

A person is liable to pay a toll

Would we be talking about the driver or the registered owner?

dats_right

Johnny Utah wrote: »

Could they be prosecuted under the 2001 Act separately from the civil action?

I think the offences I mentioned would cover it...

But, as stated by both Gabhain and myself a specific criminal offence is provided for under the 2007 Act as per section 4(8), so I can't see why as a matter of practice that the authorities would proceed under the 2001 Act. Especially as the offence of making off without payment the proofs are so much higher viz. i) dishonestly makes off without having paid as required or expected ii) with the intention of avoiding payment on the spot . Whereas, the offence under the 2007 Act only requires that the person so failing to pay the toll 'fails, neglects or refuses' to pay, which clearly is a much lower mens rea than intention.

Therefore, whilst it may be theoretically possible to charge a toll evader under the 2001 Theft Act, I think the prosecutor would be out of their brains to do so!

Bond-007 wrote: »

Would we be talking about the driver or the registered owner?

Answer contained herein

Roads Act 2007 section 4(3): "Where a toll is payable in respect of a mechanically propelled vehicle where—

(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c)) — the registered owner of the vehicle,

(b) the vehicle is not registered in the State — the person, whom the road undertaking concerned can reasonably ascertain, owns or keeps or has possession or charge of the vehicle in the State,

(c) the registered owner or a person referred to in paragraph (b) or (d), as the case may be, on the occasion in question, was not driving or in the vehicle and had not given permission for or required another to use the vehicle and the Garda Síochána were aware or were informed of this — the person who was driving the vehicle on the occasion, or

(d) a person has entered into an agreement with the road undertaking concerned in respect of the payment of tolls in respect of the vehicle — that person,

and the driver of the vehicle, if he or she is not a person mentioned above, are jointly and severally liable to pay the toll."

maidhc

dats_right wrote: »

(b) the vehicle is not registered in the State — the person, whom the road undertaking concerned can reasonably ascertain, owns or keeps or has possession or charge of the vehicle in the State,

No more tolls for nothern trucks then, unless the DVLA and NTR start sharing data, which would open the most wonderful can of worms from a Data Protection POV.

Our man in Havana

Which could lead to mass toll evasion by disgruntled Irish motorists.