Speeding fines: Gardai dismiss loophole theory
Garda chiefs today dismissed reports that speeding motorists could avoid penalty points by simply not appearing in court.
Gardaí said that under a law which came into force at the same time as the penalty points legislation drivers could be convicted if they did not turn up.
They issued a statement in response to newspaper reports claiming a major legal loophole may let offending motorists off the hook.
“A registered owner or driver who fails to turn up in court in answer to a summons for the above offences (speeding and failing to declare who was driving at the time) can he convicted in his or her absence,” officers said.
They said the 2002 Road Traffic Act came into force at around the same time as the penalty point laws, which were introduced in November.
It was claimed today that drivers caught by automatic speed cameras could only receive points on their licence if they attended court.
The newspaper reports said that the loophole did not apply to drivers stopped by gardaí in person.
Transport minister Seamus Brennan said he did not know of any such loophole.
But he added that he was seeking legal advice on the matter from the Attorney General’s office.
Opposition politicians called on justice minister Michael McDowell to clarify the situation immediately.
Fine Gael’s Denis Naughten said that if such a loophole existed it would make a farce of the Government’s road safety campaign.
“Fine Gael will be raising this issue in the Dail (Irish parliament) tomorrow and seeking a full statement from Ministers McDowell and Brennan,” he said.
Labour’s Róisin Shortall said: “This is a further example of the ham-fisted manner in which the penalty points system has been implemented.
“That drivers can escape punishment for speeding offences by not appearing in court is a major anomaly and sends the message that you can get away with breaking the law and putting lives at risk.”
