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Penalty Points System.

Dáil Éireann Debate, Tuesday - 23 March 2004

Tuesday, 23 March 2004

Questions (423, 424)

Jackie Healy-Rae

Question:

423 Mr. Healy-Rae asked the Minister for Transport the steps he intends to take to ensure that a written account is given to verify the speed a vehicle was allegedly travelling when accused of breaking the speed limit by a Garda using a hand-held device while manning a speed check; and if he will make a statement on the matter. [8283/04]

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Joe Higgins

Question:

439 Mr. J. Higgins asked the Minister for Transport if his Department will take measures to ensure that motorists observed breaking the speed limit are sent initial notification within two weeks of the offence being committed to encourage them to observe the speed limit during the months that elapse between the offence being committed and the issuing of penalty points. [8544/04]

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Written answers

I propose to take Questions Nos. 423 and 439 together.

Section 11 of the Road Traffic Act 2002 provides that where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is or has been committed, the member shall serve or cause to be served a fixed charge notice. Since 31 October 2002 the offence of breaking a speed limit falls within the remit of the fixed charge system. In the case of a detection for speeding, the fixed charge notice contains details of the speed that the vehicle was travelling at when detected and the speed limit in force at the relevant location. The issuing of fixed charge notices is a matter for the Garda Commissioner.

The Road Traffic Acts give broad scope to the Garda Commissioner in respect of the use of equipment in the enforcement of speed limits. Decisions relating to the type of equipment used by the Garda and the deployment of such equipment are operational matters for the Garda Commissioner.

A particular period of time after the alleged commission of an offence is not provided for in the Road Traffic Acts in respect of the issue of a fixed charge notice on the grounds that more than one notice may be required in certain circumstances. Where a detection is made that does not involve a direct interception by a member of the Garda, the fixed charge notice must be issued to the registered owner. Where the owner was not driving the vehicle at the time of the alleged commission of the offence he or she may, within 28 days of the date of the notice, nominate the driver who may then be served with a notice.

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