Michael Ring
Question:
670. Deputy Michael Ring asked the Minister for Justice to confirm if penalty points for speeding have been applied in specific circumstances (details supplied) in each of the past five years; and if she will make a statement on the matter. [39560/23]
View answer
I have sought the information requested by the Deputy from An Garda Síochána, and will contact the Deputy again when this is to hand.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 670 of 20 September 2023 where you asked: “If penalty points for speeding have been applied in specific circumstances in each of the past five years; and if she will make a statement on the matter. (Details Supplied):
Have the drivers/owners of Ministerial Cars/State Cars had penalty points imposed on them for driving over the speed limit while in the official vehicles? Has any fixed-charge notices for speeding, detected by camera, issued to the registered owners of these vehicles”?
As you will recall, I sought the information from the Garda authorities and undertook to contact you again once the information was to hand. The delay in responding is regretted.
As you may be aware, the Garda Commissioner is responsible for the management and administration of Garda business under Section 26 of the Garda Síochána Act 2005 (as amended), which includes all operational policing matters. As Minister I have no role in such matters.
I am advised by the Garda authorities that Ministerial cars are registered to An Garda Síochána and are driven by Garda personnel.
I am informed that if a Ministerial car is detected by a speed camera in excess of the speed limit a Fixed Charge Notice (FCN) will issue to the Fleet Manager in Garda Headquarters. All Garda vehicles that are detected speeding by safety cameras will receive a FCN addressed to the Fleet Manager.
The driver of the Ministerial vehicle/Garda vehicle will be identified and a report will be provided by the member who was driving the vehicle. This will be forwarded to Garda Management in charge of the Ministerial Pool/relevant Garda District.
Garda drivers can apply for an exemption under Section 87 of the Road Traffic Act when they are using a vehicle in the course of their duties.
There is a robust governance protocol in place to manage any applications under Section 87 of the Road Traffic Act. This is administered by the Garda National Roads Policing Bureau and is overseen by an independent Judicial Authority and the Garda Professional Standards Unit. A full file will be prepared on the circumstances of each case and will be referred to the Cancelling Authority for a decision. For applications involving Garda members and Garda vehicles the Cancelling Authority is a member of An Garda Síochána of at least Superintendent Rank. The Cancelling Authority must be of a higher rank than the applicant.
In cases where a Garda driver applies for an exemption under Section 87 of the Road Traffic Act and the exemption is granted no penalty points will accrue against the Garda Driver.
I am further advised that due to way in which records are held, establishing if penalty points for speeding have been applied in the circumstances outlined by the Deputy is not possible as it would require a disproportionate amount of Garda time and resources to compile.
