When can The Garda break the speed limit?

Bunny Buster

Hi there,

I am new to this Boards.ie craic and was wondering if anyone can clarify something for me? I was wondering if anyone would know when can the Gardai use speeds in excess of the National Speed Limits? For example, can they break the speed limits when they are transporting someone who has committed an offence or is suspected of committing an offence, or do they have to adhere to the limits like all other motorists? Cleary they are allowed to use excessive speed in the event of an emergency, but are the supposed to break the speed limit when they are transporting a member of the public in circumstances which is not an emergency? I hope there is somebody out there who could clarify the above points, Thanks.

timmywex

Im no expert at this but here we go.

Gardai are exempt from most rules of the road in the course of their duty (as are fire/ambulance etc) I say most because things like dangerous driving and drink driving are still to be adhered.

So the answer to your question is anytime they are on duty they can. As long as its safe to do so obviously. If anything went wrong it would be up to the driver to answer!

Practically. Any situation that requires it i guess! In theory though they shouldnt just be driving around on patrol way above the limit!

source

timmywex wrote: »

Im no expert at this but here we go.

Gardai are exempt from most rules of the road in the course of their duty (as are fire/ambulance etc) I say most because things like dangerous driving and drink driving are still to be adhered.

So the answer to your question is anytime they are on duty they can. As long as its safe to do so obviously. If anything went wrong it would be up to the driver to answer!

Practically. Any situation that requires it i guess! In theory though they shouldnt just be driving around on patrol way above the limit!

Correct Section 27 Road Traffic Act 1961-2004, provides that members of the Fire Brigade, Ambulance service and Gardai are exempt from Road Traffic legislation while on duty, with the exception of Drunk driving, and dangerous driving, and any sections that go along with those.

Tango Alpha 51

Bunny Buster wrote: »

Hi there,

I am new to this Boards.ie craic and was wondering if anyone can clarify something for me? I was wondering if anyone would know when can the Gardai use speeds in excess of the National Speed Limits? For example, can they break the speed limits when they are transporting someone who has committed an offence or is suspected of committing an offence, or do they have to adhere to the limits like all other motorists? Cleary they are allowed to use excessive speed in the event of an emergency, but are the supposed to break the speed limit when they are transporting a member of the public in circumstances which is not an emergency? I hope there is somebody out there who could clarify the above points, Thanks.

Foinse gave you the answer. Can i ask why your asking ?.

meathstevie

When there is a justifiable need to do it while on duty.

Corcioch

meathstevie wrote: »

When there is a justifiable need to do it while on duty.

The law states nothing about Justifiable . . . .it simply states while in the course of their duty.

There are no provisos attached . . .there dont have to be blue lights and sirens on, there doesn't have to be permissoin etc given. . . .the law simlpy states that it must be in the course of their duty . . . . .

But like was said, Dangerous Driving Charges can still apply.

Locust

The law is all about what is justice/justifiable.

The protection of life and property is justified... and really, such actions can never be questioned.

If Garda 'Murphy' can stand over his speeding/blue lights and sirens in such context then so be it.

Zambia

Judging from the state of the fleet I didnt think they physically could at all...

Seth Brundle

Corcioch wrote: »

There are no provisos attached . . .there dont have to be blue lights and sirens on, there doesn't have to be permissoin etc given. . . .the law simlpy states that it must be in the course of their duty . . . . .

Surely the gardai have to be wearing their hats???

Corcioch

Locust wrote: »

The law is all about what is justice/justifiable.

The protection of life and property is justified... and really, such actions can never be questioned.

If Garda 'Murphy' can stand over his speeding/blue lights and sirens in such context then so be it.

There are certain pieces of Irish Law that Contain the words like Justifiable or reasonable . . . .but the exemption we refer to here does not.

If you think the law in this country has anything to do with Justice then your leavng yourself open to accusations of extreme naivety.

The law is this country revolves around tecnicalities . . .and what exact words are and are not in law . . . .like the difference between the words practical and practicable . . this difference can and has lost cases. 'Law' in its purest application has nothing to do with Justice.

And just as say a Garda driving at 117kmph in a 100 zone in suitable road, weather and traffic conditions does not need to be justified under Irish law once it is in the course of duty . . .

. . . .neither can Justifiable be used to excuse actions that constitute dangerous driving, no matter how justifiable or noble the cause.


So justifiable doesn't really come into it . . . .it cant be used as a stick to beat Gardai exceeding the speed limit but doing so in a safe and controlled manner, nor can it be used as a protection to a Garda responding to a serious call who might drive dangerously and endanger himself and other road users.

Shield

Corcioch wrote: »

'Law' in its purest application has nothing to do with Justice.

A very well-worded observation, if I may say so.