What Should be Dealt with By Caution or fine on the spot?

Our man in Havana

Are there any rules wrt the visibility/location of checkpoints? I have come across a few where the Gardaí were in what I would consider a dangerous location and not wearing hi-vis jackets etc?

deadwood

Bond-007 wrote: »

Are there any rules wrt the visibility/location of checkpoints? I have come across a few where the Gardaí were in what I would consider a dangerous location and not wearing hi-vis jackets etc?

That'd be one of those "why don't they ever do checkpoints on poor roads instead of shooting fish in a barrel" set-ups!:D

Our man in Havana

I didn't say that now.

deadwood

Bond-007 wrote: »

I have come across a few where the Gardaí were in what I would consider a dangerous location

Like Coppers on pay-day?

civdef

Health and safety concerns arise for anyone working on the road near traffic (note how much more formal and elaborate precautions around roadworks have gotten in recent times).

This is an issue emergency services are having to pay more heed of.

Our man in Havana

Indeed Civdef.

I have on occasion came round a corner to find a Garda standing in the middle of the road in standard non hi-vis uniform running a checkpoint. Dangerous in my opinion, hence my question.

deadwood

Bond-007 wrote: »

Indeed Civdef.

I have on occasion came round a corner to find a Garda standing in the middle of the road in standard non hi-vis uniform running a checkpoint. Dangerous in my opinion, hence my question.

The usual H&S rules apply. Signs, meprolights, high-viz etc should be used, but sometimes, this isn't practical.
I cringe when I see a guard wiggling a flashlight at traffic with no other safety measures taken. Not fair on the motorists either.

Our man in Havana

Agreed deadwood.

Victor

TheNog wrote: »

That is handy alright but I'd be in favour of keeping the court appearance for this one. My judge gives €2,000 and 6 months off the road regardless of circumstances :D

If you want the judge to change this, shift the emphasis in your evidence.

TheNog

Victor wrote: »

If you want the judge to change this, shift the emphasis in your evidence.

tried that in court last week with a careless driving summons. The young lad was a decent fella and seeing there was no injuries I was hoping the judge would go easy on him. I ended up with the judge chewing me out of it followed by the Super a few hours later and the I/C yesterday. :D

donvito99

Karlitosway1978 wrote: »

Our power to stop cars and perform checkpoints is in case law. It was found that the power to stop cars to prevent and detect crime covers checkpoints. Judges rules covers asking questions but you need Reasonable suspicion to search unless of course you ask and the driver allows you to.

The amendment to S41 is also fantastic as that mixed with S140 finance act and the above power covers all the bloody foreign cars driving around bypassing tax and insurance.

The only problem is they now keep selling cars to eachother then if they are stopped simple produce a reciept showing new ownership and more often than not the mule will let them go regardless of how old the tax is.

More mules should be checking foreign regs when they are stopped instead of doing it afterwards when its too late.

On Customs Martin Rogers stopped a car for having a northern reg and the driver having full residency in the republic. Does this ' S41/S140 ' have anything to do with this incident. The man could face an E18000 fine, have his car seized, and pay E2500 to get the car back.

Eru

donvito99 wrote: »

On Customs Martin Rogers stopped a car for having a northern reg and the driver having full residency in the republic. Does this ' S41/S140 ' have anything to do with this incident. The man could face an E18000 fine, have his car seized, and pay E2500 to get the car back.

Section 140 Finance Act was the one used by customs and Gardai for foreign cars.

And I have no sympathy for him, you pay VRT, tax, insurance and are accountable for your driving. For starters, Why shouldnt he? and secondly, ever tried claiming for a crash from a foreign insurance policy? Not a pleasant experience even when they have it.

Or put it another way, a lot of Irish cars are stolen and sold abroad, thats not a purely export business.