Failure to wear a seatbelt

slade_x

Girlfriend was just pulled for not wearing a seatbelt but she had the seatbelt on when she was pulled over as the guards had to turn around and pass two other cars to pull her over. Of which took a couple of minutes for them to do.

apparently she described the guard as cocky and he had his partner come out nd visually inspect the vehicle at the same time as i know some of them do (kicking the tyres etc.) he said she will have 4 points on her license and if it happens again she will have her license taken off of her. she was told the fine was €80 and that it could be more when she goes to pay it

She has never even been pulled over before and she has been driving for years but i was unaware of suspension at 8 penalty points

is the citizens information up to date? is whats stated on that site the current law by which we have to go by or do we have to drop in to a local guarda station every now and again to brush up on any changes?

She was also told she has 3 days to pay it or she will face a court appearance. which seems to contradict with the info below

http://www.citizensinformation.ie/categories/travel-and-recreation/motoring-1/driving-offences/penalty-points-for-driving-offences

Seatbelt offences: Failure to wear a seatbelt or allow children under 17 years to travel in your vehicle without a seatbelt will incur an n on-the-spot fine of 60 euro. You must pay this fine within 28 days, or face an increased fine of 90 euro payable within 56 days of the offence. 2 penalty points will be added to your licence if you opt not to go to court. If you are convicted in court for non-wearing of a seatbelt, 4 penalty points will be added to your licence and you will be liable to an 800 euro fine for a first offence. Read more about the regulations regarding the wearing of seatbelts in Ireland.

Does anyone have any experience on this and how it played out for them? thanks. neither of us have ever been pulled over before so i have really no idea what to expect. i have been driving for years also, both of us with full licenses of course

DonJose

slade_x wrote: »

Girlfriend was just pulled for not wearing a seatbelt but she had the seatbelt on when she was pulled over as the guards had to turn around and pass two other cars to pull her over. Of which took a couple of minutes for them to do.

So was she wearing a seatbelt when the guards passed her? If no then she should pay the fine, accept the 2 points and learn her lesson.

So she had a seatbelt on, heard the siren/lights/whatever, and took the seatbelt off before the Gardaì arrived at her window?


So they had to turn around and pass two cars, because they thought she wasn't wearing a seatbelt, and she just conveniently happened to have no seatbelt on when they stopped her?


Apologies if I seem rude, but why would we believe that? The Gardaì don't U-Turn and overtake traffic to get to someone in the off chance that the person may have done something wrong.


I think seatbelt laws are pretty silly at times (if you're over 18 and don't want to wear a seatbelt I don't see why it's an issue. It should be a personal choice) but I think you're girlfriend got nailed and now she's trying to get out of it.

Have either of you actually read the OP?

Jip

Deleted User wrote: »

I think seatbelt laws are pretty silly at times (if you're over 18 and don't want to wear a seatbelt I don't see why it's an issue.

Fair enough, but then you should be made pay for the full cost of any medical care you received if you were unfortunate enough to get in an accident and suffered injuries made worse due to no seat belt.

Theta

Deleted User wrote: »

Have either of you actually read the OP?

The opening line is confusing I would read it as she was NOT wearing a seat belt but put it on when she was pulled over?

slade_x

DonJose2 wrote: »

So was she wearing a seatbelt when the guards passed her? If no then she should pay the fine, accept the 2 points and learn her lesson.

She was told it was 4 points and if it happened again she would lose her license? its my understanding the penalty points go up to 12 before suspension.

Deleted User wrote: »

So she had a seatbelt on, heard the siren/lights/whatever, and took the seatbelt off before the Gardaì arrived at her window?


So they had to turn around and pass two cars, because they thought she wasn't wearing a seatbelt, and she just conveniently happened to have no seatbelt on when they stopped her?


Apologies if I seem rude, but why would we believe that? The Gardaì don't U-Turn and overtake traffic to get to someone in the off chance that the person may have done something wrong.


I think seatbelt laws are pretty silly at times (if you're over 18 and don't want to wear a seatbelt I don't see why it's an issue. It should be a personal choice) but I think you're girlfriend got nailed and now she's trying to get out of it.

She did not have her belt on. but she put it on before she was pulled over. im not refuting that or trying to get her out of the fine. i am just trying to make sense of what she was told, as some of it contradicts with whats listed on citizens information.

Oh and they did turn around to pursue her, they pulled into a clearing back along the road to turn, this was in town not out on a main road or country road by the way. they are actively trying to catch people lately on seatbelts as i have seen a couple of people pulled over recently here. in fact just as she was doubling back she spotted that the same patrol had pulled over some else also

Theta

Theta wrote: »

The opening line is confusing I would read it as she was NOT wearing a seat belt but put it on when she was pulled over?

that's how I read it too, because that's pretty much what it said.
KKV is reading is as the opposite.

Theta

slade_x wrote: »

She did not have her belt on. but she put it on before she was pulled over. im not refuting that or trying to get her out of the fine. i am just trying to make sense of what she was told, as some of it contradicts with whats listed on citizens information.

If what you say is true it would appear the cops were trying to scare her into wearing her seat belt in future.

Is she the registered owner of the car or is someone who has points the owner?

Just as a matter of interest does she not wear her belt all the time. Dont think I have ever been in a car with someone who wont. Plus my car is annoying as **** if somone is not wearing there belt!

antodeco

Wait until the fine arrives and then you can see what the fine is for. It should be 2 points only, depending on if the Garda saw anything else wrong.

Either way, she should wear a seatbelt. WHilst yes, she is over 18 and can judge herself, its very hard to judge the unexpected, and inturn going through the windscreen, probably via the steering wheel, and being horrifically injured, if not dying.

I personally cant understand why people dont want to wear a seatbelt.

Ryan T

is she on a provisional licence

Ryan T

Ryan T wrote: »

is she on a provisional licence

has noone bothered reading the OP?

Slade_x I'd say the Garda in question was just being a dick and trying to scare your gf. You'll have to wait to get the fine in the post before you can do anything I think? Maybe pop into your local garda station and suss it out. OT but Imo she's a bit of a fool for not wearing a seatbelt. Rather selfish actually, considering it could save her life and not leave her family/you devastated in the event of an accident

Basq

I can't drive without wearing a seatbelt.. it just "feels" right with it on. I find it very noticable when I don't.

But then again, I'm so neurotic I'll even put a seatbelt on when moving my car a few spaces over or anything.

Ryan T wrote: »

is she on a provisional licence

both of us with full licenses of course

Cionád

basquille wrote: »

But then again, I'm so neurotic I'll even put a seatbelt on when moving my car a few spaces over or anything.

Same here, cant reverse out the driveway without putting on the belt. Feels like I'm gonna fall out of the seat or something.

DonJose

Deleted User wrote: »

Have either of you actually read the OP?

DonJose2 wrote: »

So was she wearing a seatbelt when the guards passed her? If no then she should pay the fine, accept the 2 points and learn her lesson.

slade_x wrote: »

She did not have her belt on. but she put it on before she was pulled over.

whoopsadaisydoodles I did actually read the OP and it was as I expected, the girl didn't have the seatbelt on when the guards passed but put it on while they did a u-turn and stopped her.

slade_x

Theta wrote: »

If what you say is true it would appear the cops were trying to scare her into wearing her seat belt in future.

Is she the registered owner of the car or is someone who has points the owner?

Just as a matter of interest does she not wear her belt all the time. Dont think I have ever been in a car with someone who wont. Plus my car is annoying as **** if somone is not wearing there belt!

Yes she is the registered owner of the car. she always wears her seatbelt but she didnt put it on in this instance because she was just driving up the town

antodeco wrote: »

Wait until the fine arrives and then you can see what the fine is for. It should be 2 points only, depending on if the Garda saw anything else wrong.

Either way, she should wear a seatbelt. WHilst yes, she is over 18 and can judge herself, its very hard to judge the unexpected, and inturn going through the windscreen, probably via the steering wheel, and being horrifically injured, if not dying.

I personally cant understand why people dont want to wear a seatbelt.

No they didnt mention anything out of the ordinary the car just passed an nct and was taxed again just last week. so this is just a simple failure to wear her seatbelt

Ryan T wrote: »

is she on a provisional licence

i stated in the original post that she does have a full license, both of us do but we have never been pulled beforem hence my questioning of what she was told

slade_x

basquille wrote: »

I can't drive without wearing a seatbelt.. it just "feels" right with it on. I find it very noticable when I don't.

But then again, I'm so neurotic I'll even put a seatbelt on when moving my car a few spaces over or anything.

Me neither, the only time i wouldnt put it on is reversing into my driveway, which is just a couple of feet from the parking space across from my gate

DonJose2

DonJose2 wrote: »

whoopsadaisydoodles I did actually read the OP and it was as I expected, the girl didn't have the seatbelt on when the guards passed but put it on while they did a u-turn and stopped her.

I was referring, in your case, to "accepting the 2 points". The OP never said that the girlfriend wasn't accepting the two points. He was querying why she was told that she would get 4 and that if it happened again she would be disqualified.

I was referring to KKV on the seatbelt issue.

Ryan T

Ryan T wrote: »

Jesus H Christ.

No need for that - thanks

Apologies but you were the third person to ask a question/make a comment that was already answered in the OP.

I'll delete that bit out

slade_x

slade_x wrote: »

She was told it was 4 points and if it happened again she would lose her license? its my understanding the penalty points go up to 12 before suspension.



She did not have her belt on. but she put it on before she was pulled over. im not refuting that or trying to get her out of the fine. i am just trying to make sense of what she was told, as some of it contradicts with whats listed on citizens information.

Oh and they did turn around to pursue her, they pulled into a clearing back along the road to turn, this was in town not out on a main road or country road by the way. they are actively trying to catch people lately on seatbelts as i have seen a couple of people pulled over recently here. in fact just as she was doubling back she spotted that the same patrol had pulled over some else also

Ah yes, it makes sense now. I got confused.

Theta

slade_x wrote: »

Me neither, the only time i wouldnt put it on is reversing into my driveway, which is just a couple of feet from the parking space across from my gate

Yeah same here only reversing into/out of my drive and reversing into a parking space. Infact I think you're allowed to take it off during you test to reverse around the corner no? maybe im wrong.

kasper

seat belt not required by law when reversing

Anan1

Deleted User wrote: »

Apologies but you were the third person to ask a question/make a comment that was already answered in the OP.

I'll delete that bit out

I think we'd all appreciate it if you modified your attitude just a bit.

Anan1

Anan1 wrote: »

I think we'd all appreciate it if you modified your attitude just a bit.

No problem. That's why I apologised and deleted the offending sentence.

si_guru

Deleted User wrote: »

I think seatbelt laws are pretty silly at times (if you're over 18 and don't want to wear a seatbelt I don't see why it's an issue. It should be a personal choice).

What if you are a rear seat passenger? You accept it is okay to kill the person in the front seat in an accident?? That's what will happen!

My sister-in-law thought like you. She's lying in the local cemetry now.

sesna

Deleted User wrote: »

I think seatbelt laws are pretty silly at times (if you're over 18 and don't want to wear a seatbelt I don't see why it's an issue. It should be a personal choice) but I think you're girlfriend got nailed and now she's trying to get out of it.

Except the state has to pick up the tab for you suffering serious injury, just so you can have personal choice.

On the flipside though, studies have shown that wearing seatbelts give drivers a false sense of security and they are more likely to drive with less care as a result. Sort of related, a study also showed that drivers give cyclists who are wearing a helmet a narrower birth when overtaking, than cyclists without a helmet.

Mc Love

Why did she remove the seat belt??

MagicMarker

OP, does any of this really matter? Who cares what the guard said!! Just move on with your lives and tell your girlfriend not to be a retard and wear her seatbelt.

sesna

MagicMarker wrote: »

OP, does any of this really matter? Who cares what the guard said!! Just move on with your lives and tell your girlfriend not to be a retard and wear her seatbelt.

I think his concern was brought about by the guard spouting bs about her getting 4 points for not wearing a seatbelt. This will not be the case unless she committed another penalty point offence. But agree about moving on - I'm so used to, as I'm sure she will be in future, to such attitude from our gardaí.

daveharnett

I agree that flat-out lying to your OH about the legal consequences is out of order.

That said, I absolutely approve of the Gardai breaking people's balls about this issue. It must be incredibly frustrating to see people doing something so stupid when they are regularly faced with the consequences.

"Just going up the town" is no excuse at all, putting on the belt should be an automatic part of sitting into the car. Seriously, kick her ass about it if you haven't done so already. Wearing a belt ALL THE TIME versus most of the time costs nothing, nothing at all, and has a measurable effect on her life expectancy.

TwoShedsJackson

slade_x wrote: »

Yes she is the registered owner of the car. she always wears her seatbelt but she didnt put it on in this instance because she was just driving up the town

Thats bloody daft. Has she been granted some immunity to being hit by other cars or other accidents because it's 'just driving up the town'? That attitude drives me nuts, my father will regularly drink four or five pints in his local bookies and then drive home, which he says is grand as it's 'only up the road and I've never been stopped before'.

Bandara

I hope they throw the book at her if thats what it takes for her to learn her lesson, its absurd to not wear a seatbelt.

You can say I'm on a highhorse etc but people die by not wearing these things.

Del2005

daveharnett wrote: »

I agree that flat-out lying to your OH about the legal consequences is out of order.

That said, I absolutely approve of the Gardai breaking people's balls about this issue. It must be incredibly frustrating to see people doing something so stupid when they are regularly faced with the consequences.

"Just going up the town" is no excuse at all, putting on the belt should be an automatic part of sitting into the car. Seriously, kick her ass about it if you haven't done so already. Wearing a belt ALL THE TIME versus most of the time costs nothing, nothing at all, and has a measurable effect on her life expectancy.

I agree.

Two thirds of road accidents occur within five miles of a motorist’s home, a new poll has revealed.

I feel weird driving without a seat belt even if only moving a car in a yard.

macplaxton

Penaltypoints.ie

Fixed Penalty €60 and 2 points if paid within 28 days. Fine increases by 50% to €90 and points double to 4 if paid between 29-56 days. Go to court and expect more.

Totting up of points:
The threshold is 12 points. If 12 points accumulate on a licence record within 3 years, a notice will issue informing the licence holder that they have been disqualified for 6 months and that they must surrender their licence at their local Motor Taxation Office.

Does that information tally with the FPN?