Camera Van breaking the law?

mrmac

Hi all,
I hope I don't get banned for this, but I'm trying to get an answer to an argument at work.

Basically, the white transit camera van was parked in Castledermot, Co. Kildare, last week. It was in a 60kph zone. I was well within the limit, so I've no worries!

Thing is, the van was parked on a double yellow line!!

That's the basis of the argument.
Can a detector van be illegally parked while performing it's function?
I think it can, but I'm being shot down for thinking that!!

I don't need advice on this subject, I just can't find any relevent info. online, and I'd be interested to hear your opinions.

BarneyMac

I think you're right...same as Garda cars can break the speed limit, undertake, break the lights and generally whatever else the fcuk they want !

Eru

BarneyMac wrote:

I think you're right...same as Garda cars can break the speed limit, undertake, break the lights and generally whatever else the fcuk they want !

Emergency services are exempt from traffic law when executing their duties however this appears to be a rule that is constantly changing and therefore I find your question interesting.

For example, can a Garda drink drive on-duty? Logic and common sense say of course not but as he is executing his duties is this a criminal matter or a discipline one? Certainly he/she would be punished and I know of an officer caught doing such a thing but again, Gardai cannot arrest other on-duty Gardai as a general rule so how do you prosecute? (the officer Im thinking off crashed the car while drunk and wasnt actually supposed to be working but got called in, sacked BTW)

ambro25

Karlitosway1978 wrote:

Emergency services are exempt from traffic law when executing their duties however this appears to be a rule that is constantly changing and therefore I find your question interesting.

I'm emphasizing right away that I'm not trolling in asking this, but is a Gatso van performing its duty classed as an emergency vehicle?

Karlitosway1978 wrote:

For example, can a Garda drink drive on-duty? Logic and common sense say of course not but as he is executing his duties is this a criminal matter or a discipline one?

Irrespective of the applicable Statute (crim/disciplinary), that's an interesting one. Why/How could a Gardai be drunk when going on-duty? Do you mean "not quite recovered from last night" -drunk?

Karlitosway1978 wrote:

Gardai cannot arrest other on-duty Gardai as a general rule

Why? again, just curious. Don't bother gratifying me with a response if it might incriminate you, though!

Victor

The only section of the road traffic acts that apply to Garda are individual sections relating to things like driving while incapable.

mrmac

So, are the Gardai immune from the law?
I don't think so!

Ok, I can accept that breaking the speed limit, or driving in a fast, but controlled, manner is sometimes required. But under normal circumstances, with no emergency or threat to public welfare, are the Gardai "allowed" by society to break the law?

We've been discussing this a lot at work.
The more it's debated, the more confusing it gets!
I'm not making any comparisons, but in the aftermath of the recent Morris tribunals, you'd think the Gardai would try to avoid such situations.

If someone was charged with an offence for speeding, by a camera van illegally parked, i.e. it shouldn't have been there, I wonder what the Judge would say about that?

robfitz

I guess you would have to show that the parked vehicle represented a danger to the public.

Road Traffic Act 2004.
...
Exemptions for emergency vehicles.
27.--Requirements under the Road Traffic Acts 1961 to 2004 relat-
ing to vehicles and requirements, restrictions and prohibitions relat-
ing to the driving and use of vehicles, other than those provided
under sections 49 and 50 (inserted by sections 10 and 11, respectively,
of the Act of 1994), 51A and 52 (inserted by sections 49 and 50,
respectively, of the Act of 1968) and 53 of the Principal Act and
sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver
of a fire brigade vehicle, an ambulance or the use by a member of
the Garda Siochana of a vehicle in the performance of the duties of
that member or a person driving or using a vehicle under the direc-
tion of a member of the Garda Siochana, where such use does not
endanger the safety of road users.
...

Shyster

Gardai, like Ambulances and Firetrucks are protected from Road Traffic Offences and therefore can break the law but only in circumstances where it is safe and reasonable to do so.....

Thats my input, from my dealings with the RTA

numorouno

they can break the law if its necessary but then again if they do break them and cause injury or death (re: elderly female killed at the bus stop) they are subject to criminal proceedings. basically theyr ok once nothing happens