Driving enforcement question

walshb

Question to any legal boffins here:

Can gradai stop a car and refuse to allow the car to continue
its journey IF the garda thinks that the car
is unsafe and is a potential hazard on the road.

I am not talking about NCT or insurance or tax.

Say for example: Coach with children is stopped by a garda
and the garda sees that a tyre is badly worn and threaded, can the garda
refuse to allow the coach to proceed based on the possible danger that
may result in allowing it to continue its journey

Thanks

redout

Well going by Road wars on Sky 1 then I would say absolutely as I have seen them do it many times over the numerous seasons. That is obviously the UK police though one would think the Gardai have similar sorts of powers. THere is suppose to be a series about traffic cops in Ireland starting on either TV3 or RTE soon.

Hooch

walshb wrote: »

Question to any legal boffins here:

Can gradai stop a car and refuse to allow the car to continue
its journey IF the garda thinks that the car
is unsafe and is a potential hazard on the road.

I am not talking about NCT or insurance or tax.

Say for example: Coach with children is stopped by a garda
and the garda sees that a tyre is badly worn and threaded, can the garda
refuse to allow the coach to proceed based on the possible danger that
may result in allowing it to continue its journey

Thanks

Not a legal boffin but i'll try to answer.

We'll take for instance Traffic Blues the last night (;)) a bus full of kids with a perished tyre wall. Although there was wire comming out of the tyre it was still safe. This is because the wall of a bus or truck tyre is much much thicker than a car. The one shown on Traffic blues was not a threat to the safety of the vehicle. It wwould have to be considered Dangrously defective contrary to Section 54 RTA to seize the vehicle. Now if there was wire on a car tyre it would be a different story, again due to the difference in make up of the tyre.

There is also a power under Sec 54 to stop a vehicle and not allow it to continue on its journey until the defective is rectified....I.E. break lights not working. No need to seize just demand them to fix before travelling further. Offence if the driver doesnt comply.

Hope this helps

Hooch

redout wrote: »

Well going by Road wars on Sky 1 then I would say absolutely as I have seen them do it many times over the numerous seasons. That is obviously the UK police though one would think the Gardai have similar sorts of powers. THere is suppose to be a series about traffic cops in Ireland starting on either TV3 or RTE soon.

It started a few weeks ago...its up on youtube. Not worth much tbh.

AGS has different powers than the British police. Some are the same but not all

redout

nice guy always wrote: »

It started a few weeks ago...its up on youtube. Not worth much tbh.

AGS has different powers than the British police. Some are the same but not all

Whats the name please.

Hooch

redout wrote: »

Whats the name please.

Sorry, Traffic blues. Its in a couple of pieces.

walshb

nice guy always wrote: »

There is also a power under Sec 54 to stop a vehicle and not allow it to continue on its journey until the defective is rectified....I.E. break lights not working. No need to seize just demand them to fix before travelling further. Offence if the driver doesnt comply.

Hope this helps

Very helpful, thanks. That particular coach also had a balding tyre from what
was shown. You say it was still safe? How can you be sure?

Your paragraph above is of great help!

Hooch

walshb wrote: »

Very helpful, thanks. That particular coach also had a balding tyre from what
was shown. You say it was still safe? How can you be sure?

Your paragraph above is of great help!

TBH honest I only saw it at a glance but no Traffic member would leave a bus of kids with a dangerous tyre off like that. I have it recorded so i'll look again. If it was balding then it depends on how much etc. Only by being there could a member make up his mind.

walshb

nice guy always wrote: »

TBH honest I only saw it at a glance but no Traffic member would leave a bus of kids with a dangerous tyre off like that. I have it recorded so i'll look again. If it was balding then it depends on how much etc. Only by being there could a member make up his mind.

My point is that surely when we're talking about children and coaches, the coach should meet strict standards and in this instance, that wire and balding tyre was too much
of a hazard to allow the coach to continue. If in doubt, air on the side of
caution. In Britain, the driver would have been either made change the tyre of he/she
does not get to continue with the journey.

That copper is not an expert in road safety or physics or anything like it, so he could
not say that the tyre was safe to drive on. To me, it looked dangerous enough to warrant
replacement.

Have a look again and let me know exactly what was said and how
the tyre looked. Thanks