Simon Coveney
Question:81 Mr. Coveney asked the Minister for Transport if he intends to privatise the fixed speed cameras; and if he will make a statement on the matter. [16706/03]
Written Answers. - Road Traffic Offences.
Phil Hogan
Question:136 Mr. Hogan asked the Minister for Transport if he intends to privatise the fixed speed cameras; and if he will make a statement on the matter. [16678/03]
I propose to take Questions Nos. 81 and 136 together.
The Road Traffic Acts contain a range of provisions that provide for both the operation of speed cameras and the provision of infrastructure necessary to support such operation. The provision and operation of speed cameras for the detection of speeding offences is, in the first instance, a matter for the Garda Síochána.
I had discussions recently with my colleague, the Minister for Justice, Equality and Law Reform, and with senior Garda officials on the question of the engagement of the private sector in the operation of speed cameras, with a view, in particular, to facilitating best use of Garda resources in the enforcement of road traffic law. Following from those discussions, I understand the gardaí and the Department of Justice, Equality and Law Reform are considering ways to facilitate the greater involvement of the private sector with a view to the deployment of a more comprehensive network of speed cameras in order that we can build on the successful introduction of penalty points for speeding. I will remain proactive on this issue and will pursue any necessary consequential amendments to road traffic legislation.
Bernard Allen
Question:82 Mr. Allen asked the Minister for Transport if he is satisfied that the current legislation covering the penalty points system and the use thereof is sufficient to ensure prosecutions will be successful; and if he will make a statement on the matter. [16679/03]
Joe Costello
Question:128 Mr. Costello asked the Minister for Transport if, in regard to his comments of 9 June 2003, he has now received clarification from the Attorney General as to whether the owner or driver of a car detected as exceeding the speed limit by a speed camera, but who does not turn up in court, is liable to penalty points; and if he will make a statement on the matter. [16868/03]
I propose to take Questions Nos. 82 and 128 together.
In October 2002 I commenced provisions of the Road Traffic Act 2002 to introduce the penalty points system for the offence of exceeding the speed limit. The Act provides that where it is not possible to identify the driver of a mechanically propelled vehicle that has exceeded the speed limit – this situation arises for instance where the commission of a speeding offence is detected by a camera – a notice is issued by the Garda Síochána to the registered owner of the vehicle concerned. This notice conveys details of the commission of an offence and indicates that no prosecution will be initiated if the driver pays a fixed charge within a 28 or 56 day period and accepts two penalty points on their driving licence record. This notice also conveys to the registered owner that if he or she was not driving or otherwise using the vehicle at the time of the commission of the offence alleged that they should complete and return within 28 days a document giving information, including the name and address of the person who was driving or otherwise using the vehicle. It is an offence for a registered owner to fail to comply with the requirement to supply such information and furthermore it is an offence if a registered owner gives information, whether or not contained in a document, that is to his or her knowledge false or misleading.
In that context, it should be particularly noted that the Road Traffic Act 2002 also provides that where the registered owner of the vehicle concerned does not furnish information to the effect that some other person was driving or otherwise using the vehicle, then, in a prosecution of that owner for the alleged offence, it shall be presumed, until the contrary is shown, that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence. Thus where a registered owner does not pay the fixed charge or does not communicate to the Garda Síochána that anyone else was driving the vehicle at the relevant time, a prosecution will be initiated.
Based on the above, it is clear, as has been confirmed by the Garda Síochána, that the provisions of the Road Traffic Act 2002 relating to the enforcement of traffic offences generally establish an adequate basis for the pursuit of a prosecution. The rules of the District Court apply equally to all defendants facing trial for summary offences. All persons convicted of the commission of an offence of exceeding a speed limit will, unless the court imposes a disqualification from driving, have four penalty points endorsed on their licence record in the national driver file.