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That's "Irish" alright

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Comments

  • #52
    prinz
    Registered Users, Registered Users 2 Posts: 14,598 ✭✭✭✭prinz


    walshb wrote: »
    Hey, the idiots they are pulling over are bad enough, but the freaking law not being
    enforced is worse isn't it?

    Obviously I didn't put 'arrestable' in there often enough or you wouldn't be asking the same question again...

    There is NO law under the Road Traffic Act under which a garda can legally detain, arrest, or impound a vehicle for a NON ARRESTABLE OFFENCE. Having yours kids in the back with no seatbelt is a non arrestable offence, as is a dodgy tyre.
    walshb wrote: »
    The gardai are not enforcing the law, and this is the reason we have so many
    goons takin' the piss on the roads.

    Give them the tools and they'll be only to happy to enforce it. Problem is they don't have the laws on their side.
    walshb wrote: »
    That lady with the children for example; let us say that he hadn't the power
    to stop her driving off. Now, isn't there a case that he could have stopped her from driving due to the provisional licence issue?

    No, he could warn and caution her. Give her a fine and penalty points, but if she hadn't come to their attention before he would have no power to stop her from driving off.
    walshb wrote: »
    See, it's your defeatist attitude and low standards that are affecting us all!

    My defeatist attitude? The Gardaí are lacking in powers, powers the Govt have to give them. As they have often appealed for more powers and have often said they are operating with one hand tied behind their back.

    A defeatist attitude is why didn't the garda do x,y or z........ not why did she have 5 loose rugrats in the back to begin with.

    walshb wrote: »
    Seriously, any legal eagles out there who can maybe clarify if a garda
    can under certain special circumstances, impound or STOP
    a motorist from continuing on.

    Yes there are, in the special circumstances of an arrestable offence, or suspicion of having committed a arrestable offence.
    walshb wrote: »
    Circumstances like the two
    I listed, the baldy threaded coach tyre carrying the children and the woman
    with 5 children NOT strapped into seats?

    NO.


  • #53
    walshb
    Registered Users, Registered Users 2 Posts: 56,711 ✭✭✭✭walshb


    prinz wrote: »
    There is NO law under the Road Traffic Act under which a garda can legally detain, arrest, or impound a vehicle for a NON ARRESTABLE OFFENCE. Having yours kids in the back with no seatbelt is a non arrestable offence, as is a dodgy tyre.

    No, he could warn and caution her. Give her a fine and penalty points, but if she hadn't come to their attention before he would have no power to stop her from driving off.



    My defeatist attitude? The Gardaí are lacking in powers, powers the Govt have to give them. As they have often appealed for more powers and have often said they are operating with one hand tied behind their back.

    A defeatist attitude is why didn't the garda do x,y or z........ not why did she have 5 loose rugrats in the back to begin with.




    Yes there are, in the special circumstances of an arrestable offence, or suspicion of having committed a arrestable offence.



    NO.
    Okay, but I still maintain that they are not doing their job. The woman was NOT asked to
    produce insurance, There is one example of a dopey cop. This is a question that EVERY cop should ask. It is the most damn important and if you do not produce or if a garda thinks you do not have it, he/she can impound!

    As for the coach, that really is a disgrace that the law will NOT allow for a garda
    to STOP this from happening. That sickened me.

    The law needs changing!


  • #54
    prinz
    Registered Users, Registered Users 2 Posts: 14,598 ✭✭✭✭prinz


    walshb wrote: »
    The law needs changing!

    Exactly!! And week in, week out, the Gardaí are appealing for changes, and for new laws, powers etc, problem is they get very little public support when they do this.

    I'd be all for giving them the power to impound cars, buses etc in situations like that, but I can't blame a garda who is doing his job within the law as it stands. Maybe you should start a campaign and contact your TD etc, I'm sure the gardaí would be delighted.


  • #55
    994
    Closed Accounts Posts: 911 ✭✭✭994


    mehfesto2 wrote: »
    Whats the point in having all these ad campaigns and warnings and Gay Byrne flaping about safety when we let a BUS full of children drive on - in bad condition, after the tragedy not three years ago in similar circumstances.

    Too many people die on our roads, **** them if they beg and plead - get tghem off the road for a bit until they learn their lesson. And go to town on mobile phone users when they're driving - it's so dangerous.
    Ah but shur it does be fierce dear t'fix all dem buses up with seatbelts and shur the childer'd be fine, I mean shur buses never crash anyway, it's grand.


  • #56
    walshb
    Registered Users, Registered Users 2 Posts: 56,711 ✭✭✭✭walshb


    prinz wrote: »
    Exactly!! And week in, week out, the Gardaí are appealing for changes, and for new laws, powers etc, problem is they get very little public support when they do this.

    I'd be all for giving them the power to impound cars, buses etc in situations like that, but I can't blame a garda who is doing his job within the law as it stands. Maybe you should start a campaign and contact your TD etc, I'm sure the gardaí would be delighted.
    My legal question is this:

    Forgetting about arrestable for a second. I was simply wanting to know
    that if a copper thought that there was a real and definite danger
    in allowing a car/lorry/coach etc to continue, could he/she refuse to allow
    the driver to drive on. I don't mean arrest him necessarily, just refuse
    to allow him to drive on.

    I really believe the gardai should have this particular power and find it
    very worrying that they do not!


  • #57
    prinz
    Registered Users, Registered Users 2 Posts: 14,598 ✭✭✭✭prinz


    walshb wrote: »
    My legal question is this:

    Forgetting about arrestable for a second. I was simply wanting to know
    that if a copper thought that there was a real and definite danger
    in allowing a car/lorry/coach etc to continue, could he/she refuse to allow
    the driver to drive on. I don't mean arrest him necessarily, just refuse
    to allow him to drive on.

    Like I said unless person had committed an offence or was suspected of committing an arrestable offence then the officer AFAIK has no power, to arrest, stall, hold or otherwise detain the person unnecessarily. To do so would be deemed an illegal detention and the garda would be in more trouble than the person they'd detain.


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