[Article] Legal hitch lets speed drivers off the hook

Victor

http://home.eircom.net/content/unison/national/855722?view=Eircomnet

Legal hitch lets speed drivers off the hook
From:The Irish Independent
Monday, 9th June, 2003
Gene McKenna and Elaine Keogh

A MAJOR legal loophole allows motorists caught on speed cameras to escape penalty points and fines - by not turning up in court.

Garda sources confirmed that, by law, a person who does not turn up in court after being caught speeding by the automated system cannot be convicted unless they appear and plead guilty.

"It was there before the penalty points were introduced and now it means that people who would exploit the system have a perfect way of evading the points," one source said. The issue is to be raised in the Dail this week. Fine Gael is demanding to know if Justice Minister Michael McDowell is aware of it and, if he is, why he has not amended the Road Traffic Act to take account of this.

The party's Environment spokesman Bernard Allen said he had been aware of it under the old fines system and before the penalty points regime came in.

It is known that in at least one case where a motorist became aware of the loophole and would not pay up, the gardai did not press the case in court.

There is no problem for the gardai if they themselves stop a motorist for speeding. But the difficulties arise where the motorist is caught on the speed cameras, or by the GATSO unmarked traffic vans.

Where a motorist is stopped by gardai and given a ticket on the spot, there is no way of evading the fine and penalty points.

That is because the garda can give evidence of who was driving the car, having taken details from the motorist's driving licence.

However, with an automated system, a notice is posted to the registered owner of the car asking for information on who was driving at the time. If the owner was not driving, he or she must say who was. If there is no reply to this, the system will eventually lead to the registered owner being prosecuted and summonsed to appear in the district court.

But it has now emerged that unless the owner, or driver, of the car caught by the camera or GATSO turns up in court and admits the offence, he or she cannot be convicted in their absence. As a result they keep their licence, free of penalty points. A garda source said last night: "If they don't come to court and say 'yes I was speeding' the judge cannot convict them under the Road Traffic Act because there is not the evidence."

However, they can be fined for not replying to the notice sent by the gardai.

Another garda, who regularly prosecutes motorists in the district court, said the problem lies with the legislation.

"We prosecute under section 107 of the 1961 Road Traffic Act. It is old legislation and was never designed for what we are dealing with in this day and age - fixed cameras and GATSO." He was surprised no one had taken a High Court or Supreme challenge to it.

It also emerged that the European Court overturned a similar piece of law in use in Scotland because it said someone should not be allowed to give information that could incriminate someone else.

A spokesman for Transport Minister Seamus Brennan said last night that if there was a problem "it will be dealt with".

Mr Allen says the use of penalty points in the national road safety campaign "is dishonest and attempts to say the ultimate penalty - penalty points - can be invoked when they cannot".

Victor

http://home.eircom.net/content/irelandcom/breaking/856778?view=Eircomnet

Gardai deny penalty point loophole claims
From:ireland.com
Monday, 9th June, 2003

The Garda today refuted newspaper claims that speeding drivers could escape penalty points and fines through a loophole in the legal system.

According to a report in today's Irish Independent, it was claimed that a person who fails to turn up in court after being caught speeding by the automated system and summoned cannot be convicted, unless they appear in court and plead guilty.

The report quoted a source who claimed that this was the case before the penalty points systems was introduced.

However, in a statement released by Garda Headquarters, the Garda said that a registered owner or driver who fails to turn up in court in answer to a summons relating to an automated speeding offence can be convicted in their absence.

Under the terms of Section 11 of the Road Traffic Act 2002, the legal onus is on the registered owner of a vehicle caught speeding to declare who was driving at the time of the offence. This Act, amended the 1961 Road Traffic Act, came into operation to coincide with the introduction of penalty points for speeding.

The Minister for Transport, Mr Brennan, speaking at the opening of the new M1 motorway in Drogheda today, said he was seeking legal advice on the issue from the Attorney General's office.

Section 11 of the Road Traffic Act (2002) creates two separate offences, one for speeding and one for failing to comply with the declaration as to who was driving at the time, an instance that arises under the automated system. Failure to comply can result in a fine of up to €800 and disqualification from driving.

dmeehan

i never believed this story from the start
if not turning up to court got you off, then why would anyone bother turning up for any case, not just penalty points