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checkpoint in private estate

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Comments

  • #52
    judeboy101
    Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Little CuChulainn wrote: »
    The law has been interpreted by the courts. If i recall, the main case law in this area is in relation to a driveway to a private club. Even though cars had access to it, only members were supposed to use it so it was not considered a public place as access was supposed to be limited to a particular subset of the public. Same would apply to your driveway.

    But the only people that should be entering a housing estate should be a particular subset of the public?


  • #53
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    judeboy101 wrote: »
    But the only people that should be entering a housing estate should be a particular subset of the public?

    No, anyone can enter a housing estate for any reason they want.


  • #54
    judeboy101
    Banned (with Prison Access) Posts: 3,246 ✭✭✭judeboy101


    Little CuChulainn wrote: »
    No, anyone can enter a housing estate for any reason they want.

    For any reason?


  • #55
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    judeboy101 wrote: »
    For any reason?

    Pretty much.


  • #56
    infogiver
    Banned (with Prison Access) Posts: 2,505 ✭✭✭infogiver


    judeboy101 wrote: »
    But the only people that should be entering a housing estate should be a particular subset of the public?

    Your not understanding any explanations your being given.
    It's really really simple and clear.
    A householder has a right,within reason, to exclude the general public from his/her private property.
    The pavement and roads and green areas etc in the estate are not your private property or anybody's private property.
    They are public property.
    To test this your friend should approach the AGS next time your friend sees them in the estate and tell them to leave immediately that they are trespassing.
    Come back and tell us how he gets on.


  • #57
    harr
    Registered Users, Registered Users 2 Posts: 4,506 ✭✭✭harr


    judeboy101 wrote: »
    But the only people that should be entering a housing estate should be a particular subset of the public?
    Until you enter your own driveway you are a member of the public in a public area ..same laws apply to you as they do if a stranger drove or walked into your estate...and ags can enter your driveway if they suspect you have committed an offence like drink driving...sorry op if you are not getting the answer you were expecting but who ever told you otherwise is just wrong...as adviced approach ags next time and ask them to leave


  • #58
    Commotion Ocean
    Closed Accounts Posts: 552 ✭✭✭Commotion Ocean


    judeboy101 wrote: »
    Hi all,

    Reading one of my friends FB timelines. He lives in a private estate i.e. Not taken over by cc and still under construction, but ags have set up a number of checkpoints in the estate for drink driving, tax etc over last few months. Is this kosher?

    Even if it's private property like a supermarket car park, the Gardaí can set up a checkpoint. It's defined as a public place if it's a place accessible to the general public. If I can drive willy-nilly into the place, then it's a public place and the Gardaí can set up checkpoints.

    If there are children roaming around, you'll be thankful that the people drink driving are caught before a child is killed or injured.


  • #59
    SkinnyBuddha
    Closed Accounts Posts: 279 ✭✭SkinnyBuddha


    The Talking Bread wrote: »
    What sort of estate is it??

    one where no one pays tax/insurance /nct ?:D


  • #60
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,406 ✭✭✭✭jimmycrackcorm


    Get Real wrote:
    Perfectly fine for a checkpoint to occur here. Even if the community was gated. Section 49 (4) b of the road traffic act: b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;â€;


    I doubt that a gated estate applies in this instance. By that I mean gated as in you need some sort of access to the lock such as being buzzed in or use a key fob. Clearly without these, it cannot provide public access, only by invitation.


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  • #61
    Ferrari3600
    Closed Accounts Posts: 617 ✭✭✭Ferrari3600


    shar01 wrote: »
    Of course it's kosher. The hoipolloi break the law too. The guards wouldn't go to all that trouble just to have possible convictions overturned just because it's a "private" estate.


    Mod
    F36: no sarcasm pls, remark re AGS deleted

    shar01: Hoi polloi is classical Greek for "the many"


  • #62
    Divelment
    Closed Accounts Posts: 242 ✭✭Divelment


    If the estate has a barrier/gate, it doesn't fall under the remit of the Road Traffic Act as it isn't generally accessible to the motoring public...


  • #63
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,278 ✭✭✭✭Peregrinus


    Divelment wrote: »
    If the estate has a barrier/gate, it doesn't fall under the remit of the Road Traffic Act as it isn't generally accessible to the motoring public...
    If the gate is generally or routinely open, that would still be a "public place". To take out out of the definition you have to actually deny public access, not merely have the capacity to deny public access.

    For example a shopping centre car park might have a barrier at the entrance which is closed when the centre is closed. But it's still a "public place" for RTA purposes.


  • #64
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Re: Car being restored - I've (attempted) restoration in the past, simple off the road declaration did the trick.

    Re: No tax - I'm usually pretty good about remembering to do my tax, but this year with Christmas/New Year it totally slipped my mind... I registered right away and printed out the receipt, was at a checkpoint told the Garda what happened (i.e. genuine mistake) showed him my printout from the motortax website, he walked away for a few minutes and came back to send me on my way. Not sure if that's usual or not, but I don't see the excuse for driving without at least having paid for tax.


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