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FCPN for "driver overtaking on left"

  • 02-11-2023 8:44pm
    #1
    Registered Users, Registered Users 2 Posts: 16 johnboy604


    I was stopped last month in a bus lane just after 19:00, the garda in an unmarked hyundai took offence to my vehicle passing them in bus lane and pulled in behind and pulled me over, garda said she pulled me for passing them in bus lane, then realised time and said she would prosecute me for driving without consideration,

    But now I have received fcpn for something that is legal and not listed as a penalty point offence, oh and its 3 points for this alleged offence as opposed to 2 for driving with due care.

    Any help appreciated



«1

Comments

  • Registered Users, Registered Users 2 Posts: 2,133 ✭✭✭Explosive_Cornflake


    I'd appeal it. unless you were going to fast you weren't doing anything wrong.



  • Registered Users, Registered Users 2 Posts: 7,012 ✭✭✭Allinall


    How can you receive a fcpn for something that is legal?

    Don’t sweat it. You’ll wake up in the morning and realise there’s another thread to be started which may fool people even more.



  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    There is a 3 point offence for dangerous overtaking which would include overtaking on the left outside of heavy moving traffic. Not sure which is going to be seen better by an insurer.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    Yes I understand your point, but there was nothing dangerous about my passing of the other vehicles when I was in bus lane out of hours,

    The fcpn doesn't mention dangerous overtaking, which is listed as an offence, it only states 'driver overtaking on the left'

    This was close to m50 and as we all know people pass other cars on the inside always, this isn't an offence unless dangerous is it...



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    Also I was taking the next left turn approximately 500 metres ahead so i always travel in bus lane there(when out of hours) as it is safer than crossing traffic to take next left turn



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  • Registered Users, Registered Users 2 Posts: 6,085 ✭✭✭Charles Babbage


    Overtaking on the left is not an offence on a multilane single carriageway

    And if it was a dual carriageway, then you are supposed to drive on the left, and this if this lane was not restricted at that time then that was the one that you should be driving in.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    It was a dual carriageway



  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    The law on this doesn't mention either multi lane single carriageways or dual carriageways. Just that you can't do it outside of three specific circumstances.



  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    You're making all of this up.

    Passing on the left except in slow moving traffic is legally dangerous overtaking on any kind of road.



  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    It strikes me that she should also have issued herself a penalty point notice for failure to drive on the left hand side of the road. Outside of bus lane hours, the bus lane is the left hand side of the road.

    You can only overtake on the left -

    1. where the driver of the overtaking vehicle intends, after overtaking to turn left at the next road junction and has signalled this intention,
    2. in slow moving traffic, where vehicles in the traffic lane on the driver's right are moving more slowly than the overtaking vehicle.

    If it was in slow moving traffic (i.e. queueing or stop start traffic) or you had already indicated to turn left there's no offence.

    There doesn't seem to be any penalty point offense of 'overtaking on the left'

    Dangerous overtaking is a penalty point offense but dangerous is a high bar to jump.

    For dangerous driving ‘Dangerous to the public’ is not defined in statute. However, decisions in various cases would seem to indicate that it is driving in a manner which a reasonably prudent man having knowledge of all the circumstances proved in court would clearly recognise as involving unjustifiably definite risk of harm to the public.

    Dangerous driving can have a two year prison sentence, overtaking on the left before taking a left turn could hardly be considered to warrant so severe a sentence, especially when the car being overtaken should have been in the left (bus) lane.



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  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    If not driving in out of hours bus lanes was auto fined we could probably clear the national debt.

    This really isn't something I'd think AGS should waste their time with; but I also don't think you'd be coming back from court any lighter in terms of points/fines.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump


    A behaviour that really p1sses me off is when there is a slow moving lane on the left and a turn up to the left. You wait in line to get to the top to make your turn.

    If there is a hard shoulder to the side of the road then some ar$ehole invariable decides that, because they are turning left themselves and feel special, that they can undertake all the rest of the people waiting their turn and obeying the road markings.



  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    The notice may be a fixed charge notice rather than a fixed charge penalty notice if there are no penalty points for the offense.

    It may be for a non penalty point offense under section 10(5) of S.I. No. 182/1997 - Road Traffic (Traffic and Parking) Regulations, 1997

    https://www.irishstatutebook.ie/eli/1997/si/182/made/en/print#article10



  • Registered Users, Registered Users 2 Posts: 6,085 ✭✭✭Charles Babbage


    In an urban area, if the OP was not speeding and was able to pass traffic then that traffic was slowly moving.



  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    That isn't an interpretation that a judge will agree with.

    What about the nonsense you made up in the previous post?



  • Registered Users, Registered Users 2 Posts: 1,623 ✭✭✭JVince


    Op has not said what speed they were travelling at.

    If limit was 50 and Garda was doing 40 and op undertaking at 50, it would be considered inconsiderate driving

    If Garda was doing 20 and op was doing 30, then no case to answer imo.


    So op needs to ask themselves if the Garda car was travelling freely at a reasonable speed.



  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    If there's no penalty points, it's probably more pragmatic to pay the fine - it would be cheaper and more certain than contesting the notice.

    If there are penalty points the notice seems to be a bit of a dog's dinner and it might be worth talking to a solicitor to see if it is worth contesting.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    As I stated originally , 3 points for this alleged offence instead of 2 as garda told me,

    It's not listed on rsa list of penalty points offences, but the fcpn states 3 points for "driver overtaking on the left"

    I'm trying to warn others, if this is the case anyone on dual carriageway doing such is apparently committing an offence!!!!



  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher


    The list on the RSA site is not a complete list of all penalty point offences.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    Hi, thanks , there pdf says it's a full list of penalty points offences,

    But I don't know, where can I find a complaint of the offences, thanks



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  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher


    There are more penalty points offences than the RSA list on their site.



  • Posts: 0 [Deleted User]


    There aren't.

    Dangerous Overtaking is the actual offence here I'd imagine



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump


    Why not post the location of where it happened so that people who you are asking have more information with which to better formulate their opinions on the matter?

    If you right click on google maps at the location, it will give you the GPS coordinates.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    But where can they be found???

    I'm not referring to what rsa list on their site but to pdf download they have of FULL list of penalty points offences...



  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher




  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    Then why was not mentioned on fcpn, doesn't make much sense



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  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    Why not tellus where there are more instead of keeping it secret?



  • Registered Users, Registered Users 2 Posts: 239 ✭✭Greengrass53


    Just pay the fine and stop wasting taxpayers time and money. You were nicked.



  • Registered Users, Registered Users 2 Posts: 16 johnboy604


    The issue here is the wording of the offence on the fcpn of "driver overtaking on left" which is not listed anywhere I can find as an offence,

    Thanks for all help so far, anymore advice appreciated..



  • Registered Users, Registered Users 2 Posts: 4,636 ✭✭✭FishOnABike


    The potentially relevant penalty point offenses listed on the RSA site are

    Dangerous overtaking, (3 points or 5 on conviction)

    Driver found to be driving carelessly, mandatory court appearance, 5 points on conviction.

    Driving without reasonable consideration, 2 points or 4 on conviction.


    Dangerous overtaking would seem to be the only one carrying a three point penalty. It might be worth getting advice on whether the notice has to state the exact offense of "Dangerous overtaking" or would the description of "overtaking on the left" be sufficient.



  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher


    The OP has already proven it to you by receiving a fine for an offence not listed.

    The list on the RSA abridges the offences list by grouping various offences together by category/penalty eg. Level crossings are listed as 'failure to obey traffic rules at railway level crossing'. There are 21 seperate penalty point offences which can be committed at a level crossing but they aren't listed in full on the RSA list.

    Similarly there are seven seperate overtaking offences all carrying the same penalty, including the OP's offence. All of which are grouped together by the RSA as 'Dangerous Overtaking'.

    It's not a full and complete list of every seperate offence, I can't say more than that. Some of us deal with this for a living and have access to a complete list by seperate offences, ya can take the information or leave it, upto yourself, it's no skin off my nose.

    Post edited by Witcher on


  • Posts: 0 [Deleted User]


    They come from the various Road Traffic Acts, so point out an offence in the RTAs that's not listed on the RSA site. You can say more than that, it's not a secret. For example, S10 of the Road Traffic Act 2014 (as amended)



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  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher


    I've explained to you how the offences are being grouped by the RSA, you can take it or leave it lad.



  • Registered Users, Registered Users 2 Posts: 2,001 ✭✭✭Economics101


    On 3-lane dual carriageways and motorways, how often do you come across plonkers who sit in the middle lane while doing at least 10kph below the legal limit, and while the left lane is empty. So overtaking legally involves going right over to the right-hand lane to get past the plonker. Yet overtaking on the left would appear to be an offence.

    Of course a bit of enforcement by the Gardai would be nice. Just ask plonkers to pull in, and give them a five-minite talking to. No need to tie up police or court time on legal procedures.



  • Registered Users, Registered Users 2 Posts: 4,238 ✭✭✭hoodie6029


    New account, ‘help me with this problem’ thread and then ignore all advice and dodge any probing questions.

    This is our usual dreamer alright.

    I’m annoyed at myself for wasting my time by skimming through this thread.

    This is water. Inspiring speech by David Foster Wallace https://youtu.be/DCbGM4mqEVw?si=GS5uDvegp6Er1EOG



  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭kirk.




  • Registered Users, Registered Users 2 Posts: 11 Yerevan is beautiful


    At long last!

    Great to see “undertaking” being brought to task. Happens all the time on the M50 to me.

    I approach a bus or lorry doing below the limit in the middle lane and overtake using the right hand lane and go back into the left lane meanwhile strings of cars simply undertake.

    Happens where the M1 northbound merges with the M50 north on ramp too.

    In saying that, Gardaí break those rules all the time even in non emergency situations.



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  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Wow, we’ve entered a fascistic world if there are offences the details of which are not available; suggesting that you can be convicted for an offence which is not stated in primary or secondary legislation is weird. I can imagine that the RSA has modified the language but are you asserting that there are putative offences which are not expressly stated in Road Traffic Acts or SIs issued under the authority of the Road Traffic Acts. In this case, it seems that the Garda car was in the wrong lane but the OP was naive in overtaking it on the left. Dangerous overtaking, to my mind, would have to involve something more Sergio’s such as overtaking in a bend or into the face of oncoming traffic.



  • Registered Users, Registered Users 2 Posts: 15,818 ✭✭✭✭Witcher


    Eh, no that's not what I said at all.

    I stated the RSA have grouped offences under headings such as level crossing offences, overtaking etc. They list 'using a vehicle with defective or worn tyres', there are over 40 seperate offences which incur penalty points in relation to tires.

    The RSA is not a full and complete list is my point, there are many other offences they've lumped under general headings in their list.



  • Registered Users, Registered Users 2 Posts: 320 ✭✭ThreeGreens


    When a bus drives down a bus lane, going faster than traffic outside the bus lane, does it commit an offence?



  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    “I can’t pay my staff or mortgage with instagram likes”.



  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    My understanding is that a bus lane and a general purpose lane are not the same thing legally. They have different widths for the lane markings and specific signs that must accompany them. The keep left / no overtaking on left laws apply to general purpose lanes, not bus lanes, otherwise bus lanes wouldn’t make any sense.



  • Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭vandriver


    Does this rule apply outside of the posted bus lane times?



  • Registered Users, Registered Users 2 Posts: 9,390 ✭✭✭markpb


    It’s just a general purpose bus lane outside of those hours.



  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    I'm not aware of any law that makes this distinction when it comes to overtaking on the left.

    No issue overtaking in bus lanes when traffic on the right is moving slowly.



  • Registered Users, Registered Users 2 Posts: 3,397 ✭✭✭Hamsterchops




  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    Except higher points and a higher fine; which is quite a bit of harm.



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