Speeding question.........

Ali Babba

Discussed this with a legal friend of mine in the pub last night and I think he may have a valid point. Who owns tolled roads? Is it the state or the NRA or who? If it's the NRA or whoever does this make it private property and if so any fines or penalty points wouldn't hold up because the offence took place on private property. What are your views on this? Frankly I have to say it's getting extremely expensive to drive on all these tolled roads, a round trip to Dublin Airport is now costing me 13.60 euros and another toll due on the Abbyleix section shortly, but that's another story I suppose......

drunkmonkey

Were all Freemen, you don't have to accept any fine.;)

This makes for interesting reading, should make for a bit of a laugh with your legal mate.. http://api.ning.com/files/CtyW7YBi6gqGENfsC-P6hAzUF5x9ZCltMeX-BRbXSfyY0VLebNsTPzQQ0Igs3UAqxTXNLBKEDHF8ZbT9KJHwjIO6aD8RKc*J/GuidetobeingaFreemanFinalv2.pdf

They can only fine Ali Babba the legal entity, not Mr Ali Babba the flesh and blood man!!

DubTony

drunkmonkey wrote: »

They can only fine Ali Babba the legal entity, not Mr Ali Babba the flesh and blood man!!

eh ... I think you got that bit backwards.

Atomic Pineapple

The roads were built by companies for the government in return for allowing a toll to be placed on it to make the money back + profits, so therefore the roads would belong to the government but we have to pay whoever built them to use it.

Therefore the road would be public property with a charge to use them going to a private company I'd imagine

Tefral

draffodx wrote: »

The roads were built by companies for the government in return for allowing a toll to be placed on it to make the money back + profits, so therefore the roads would belong to the government but we have to pay whoever built them to use it.

Therefore the road would be public property with a charge to use them going to a private company I'd imagine

Not 100% true. Under the Standard NRA PPP road contracts The road is built by the PPP company (say NTR) and then after 30 years is handed back to the Government. Essentially they are the responsibility of the PPP Co. until that time and as such are the legal owners of the road for this purpose (maintence etc)

However the OP's understanding of the Legal definition of a Public Place isnt correct.

Under the Road Traffic Act

"'public place' means—

( a ) any public road, and

( b ) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge

So the Public have general access to these roads which make it a public place.

Hooch

Ali Babba wrote: »

Discussed this with a legal friend of mine in the pub last night and I think he may have a valid point. Who owns tolled roads? Is it the state or the NRA or who? If it's the NRA or whoever does this make it private property and if so any fines or penalty points wouldn't hold up because the offence took place on private property. What are your views on this? Frankly I have to say it's getting extremely expensive to drive on all these tolled roads, a round trip to Dublin Airport is now costing me 13.60 euros and another toll due on the Abbyleix section shortly, but that's another story I suppose......

It does not matter who builds the road, mantains it or owns it. It all boils down to if it is a public place as per the road traffic act. Second part of the below defination is the most important.

Public Place:
- Any public road, and
- Any street, road or place to which the public have access to w/ vehicles, whether as right, by permission and whether subject to, or free of, charge

Edit - Above beat me to it!

Tefral

Always good to have a Garda back it up though!!:D

cormie

How would that coincide with something like not wearing a seatbelt. The only time I've ever not worn a seatbelt has been after entering a public facility (although there is a barrier) and have had to get out of the van to go to the booth, then get back in the van and drive about 50 metres to where the van has to go. Would this be considered public or private and does the barrier make a difference I wonder?

Hooch

cormie wrote: »

How would that coincide with something like not wearing a seatbelt. The only time I've ever not worn a seatbelt has been after entering a public facility (although there is a barrier) and have had to get out of the van to go to the booth, then get back in the van and drive about 50 metres to where the van has to go. Would this be considered public or private and does the barrier make a difference I wonder?

If the public have right of access then yes it is a public place as per the road traffic act (there is different definations for different acts!!)

We'll say a swiming pool with a barrier on the car park. While the pool is open then it is a public place. However once the pool closes and the barrier is locked then it becomes a private place. Follow?

cormie

Interesting, thanks

Berty

cronin_j wrote: »

Always good to have a Garda back it up though!!:D

He'd definately know. He spends enough time on the slip roads to know.