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Dáil Éireann debate -
Wednesday, 16 Dec 1998

Vol. 498 No. 5

Written Answers. - Road Traffic Offences.

Noel Ahern

Question:

193 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform the regulations in relation to drivers being summoned for speeding; if a written charge is given or should be given to a driver when stopped by the gardaí as in the case of a person (details supplied); the reason for this course of action; the plans, if any, he has to amend these procedures; and if he will make a statement on the matter. [28089/98]

I am informed by the Garda authorities that when a person is stopped for speeding the Garda has the following two options. First, the Garda may take the person's name and address and proceed by way of summons after administering an oral warning of intention to prosecute. Incorporated in the oral warning would be the actual speed detected. Second, the Garda has the option to issue to the motorist an on the spot fixed penalty notice which states the actual speed detected. When speed is detected and the speeding vehicle is not stopped by the Garda, a warning notice is posted to the registered owner giving him-her an option to pay the fixed penalty within 14 days of receipt of the notice. The actual speed detected is included on the notice.

I also understand that a summons requiring the attendance of a defendant motorist in court does not on its face allege the actual speeding offence alleged to have been committed. I am further informed by the Garda authorities that the procedures described above have operated effectively and they currently have no plans to change them.
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