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31-01-2013, 14:23   #1
TheDriver
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Garda time limit for fixed penalty

I just can't find the answer to this question anywhere. What is the time limit for a garda to submit the offence from his notebook into the system? Its been 3 weeks and Thurles has nothing on me yet. They say ring back every week (there is an address issue which the garda didn't ask at the time as he was only "checking my licence"-was only after all the pleasantries that he informed me of notice in the post in the coming 2 weeks)
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31-01-2013, 14:28   #2
Victor
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People have reported that it can take a few months.

Presuming it is a minor matter, they have up to six months to apply for a summons. There is no specific entitlement to a fixed charge penalty.
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31-01-2013, 14:32   #3
TheDriver
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its only a 1 pointer to be honest. When you say no specific entitlement, do you mean he has 25 years to give a penalty point?
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31-01-2013, 15:06   #4
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Sorry, I mean you can't claim a right to have a fixed penalty instead of a summons/prosecution.
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02-02-2013, 23:21   #5
Kevin3
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Originally Posted by Victor View Post
Sorry, I mean you can't claim a right to have a fixed penalty instead of a summons/prosecution.
I thought that too but saw a judge saw it was his opinion that where it is a fixed charge offence the person has to have the right of paying a fixed charge notice rather than summons first.

I looked and it appears he is correct. Section 11 of the Road Traffic Act 2002 amends section 103 of the Road Traffic Act with:
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(2) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the member identifies the person, the member shall serve, or cause to be served, personally or by post, on the person a notice under this section,
Interestingly Section 35 of the Road Traffic Act 2010 will repeal this section with:
Quote:
(1) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person—

(a) if the member identifies the person, the member may serve, or cause to be served, personally or by post, on the person a fixed charge notice
Although this section has not yet been enacted.

I think it might bring up the question of fairness where one person might be getting a ticket where another will be getting a court summons for the same offence.
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03-02-2013, 01:05   #6
ThreeLineWhip
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If someone fails the attitude test at the roadside they can be summonsed instead of a fixed penalty. Happens all the time.
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03-02-2013, 12:30   #7
keano007
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Originally Posted by TheDriver View Post
I just can't find the answer to this question anywhere. What is the time limit for a garda to submit the offence from his notebook into the system? Its been 3 weeks and Thurles has nothing on me yet. They say ring back every week (there is an address issue which the garda didn't ask at the time as he was only "checking my licence"-was only after all the pleasantries that he informed me of notice in the post in the coming 2 weeks)
I'm fairly sure thurles need the ticket from the Garda 56 days prior to the 6 months time limit elapsing. Ie. 4 months after the offence occurred. But saying that most would do it at the end of their shift whereas others at the end of the month.
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03-02-2013, 13:25   #8
MagicSean
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Generally 3 months. This is because a person has 2 months to pay the ticket before proceeding are commenced and it gives the sytem a few weeks to get the summons issued.

As to the issue of wether a person has a right to a fixed charge penalty before a summons. Some district court judges seem to think so and some do not.
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