Garda checkpoints

montane

Was parking my car on Francis Street, just reversing back to parallel park into a free space, when I looked up and saw a garda check point about 100 meters down the road.

The garda was signalling me to drive forward, but I just wanted to park my car. In the end, I left the space and went through the checkpoint.

I was no evading the check point, had not seen it until after I had started my parking manouver, etc. Was I obliged to comply with the guards direction? Just thinking of situations where for example, the entrance to your house might be right before a check point, etc.

detective

A Garda can only direct you to drive in such a manner in which he/she deems fit when there is an "event attracting a large assembly of persons or when there is traffic congestion or a fire, flood or similar occurrence, a member of the Garda Síochána in uniform may do all or any of the following things: divert, regulate and control traffic and regulate and control the parking of vehicles".

I don't think he/she can direct somebody to drive 100 meters forward for the purpose of going through a checkpoint. Maybe if you were holding up traffic it would be different.

Our man in Havana

There is occasionally a checkpoint near my house which is just beyond a crossroads where I go home by turning off. No one has ever followed me.

dermot_sheehan

detective wrote: »

A Garda can only direct you to drive in such a manner in which he/she deems fit when there is an "event attracting a large assembly of persons or when there is traffic congestion or a fire, flood or similar occurrence, a member of the Garda Síochána in uniform may do all or any of the following things: divert, regulate and control traffic and regulate and control the parking of vehicles".

I don't think he/she can direct somebody to drive 100 meters forward for the purpose of going through a checkpoint. Maybe if you were holding up traffic it would be different.

Thought the powers were wider then that:

Art. 6 Road Traffic (Parking and Driving) Regulations 1997
http://www.irishstatutebook.ie/1997/en/si/0182.html#zzsi182y1997a6

6. (1) A driver of a vehicle or a pedestrian shall comply with a direction given by a member of the Garda Síochána for the purpose of regulating or controlling traffic.
(2) Where a direction given by a member of the Garda Síochána is inconsistent with a provision in these Regulations, the direction shall override that provision.

S. 109 Road Traffic Act 1961
http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0109.html#zza24y1961s109

109.—(1) A person driving a vehicle in a public place shall stop the vehicle on being so required by a member of the Garda Síochána.
(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

Turner

Did you lose your space??

detective

gabhain7 wrote: »

Thought the powers were wider then that:

1. Art. 6 Road Traffic (Parking and Driving) Regulations 1997

2. S. 109 Road Traffic Act 1961

1. Article 6 was enacted to remove the ambiguity surrounding things such as a Garda directing traffic at a signalised junction, i.e.e the Garda supersedes the traffic lights. It was a necessary addition to the law whereas up to that point one may not have continued passed a red light if the Garda was directing them to. Now, they have to.

2. That gives the Gardai power to stop vehicles and keep them stationary, it doesn't give the power to direct vehicles other them to stop them moving.

Hooch

detective wrote: »

1. Article 6 was enacted to remove the ambiguity surrounding things such as a Garda directing traffic at a signalised junction, i.e.e the Garda supersedes the traffic lights. It was a necessary addition to the law whereas up to that point one may not have continued passed a red light if the Garda was directing them to. Now, they have to.

2. That gives the Gardai power to stop vehicles and keep them stationary, it doesn't give the power to direct vehicles other them to stop them moving.

Of course it could have been a MAT checkpoint in which case Section 4(4) RTA 06 would kick in......its one of the subsections in that.

McCrack

nice guy always wrote: »

Of course it could have been a MAT checkpoint in which case Section 4(4) RTA 06 would kick in......its one of the subsections in that.

I'm not trying to be pedantic about this but if S4(4) were to apply in this instance I would have thought the Garda would first have to siganlled the driver to stop, only then can he/she direct under S4(4).

The Garda according to the OP didnt signal him to stop. In my opinion the OP could have ignored the Garda's signal to move forward to the checkpoint.

Of course saying all that if the OP did decide to ignore the Garda and park the car the Garda would be well entitled to approach the car and driver and do the usual checks.

Our man in Havana

Of course saying all that if the OP did decide to ignore the Garda and park the car the Garda would be well entitled to approach the car and driver and do the usual checks.

I would have expected that to happen.

I have heard of Gardaí using binoculars to spot people turning around to avoid checkpoints. Chase vehicles would be then used to pursue anyone turning around.

legallyblonde86

sure you should have just parked and walked up to the guard and explained. You'd be grand, do it in future

montane

Chief--- wrote: »

Did you lose your space??

Francis St is a one-way street.

Losing the space was not an issue, was just wondering the practical implications and usefulness of setting up checkpoints near junctions, where people may genuinely be going in another direction, and conversely where people can easily evade.

ToxicPaddy

I've had something like this happen to me before twice..

The entrance to my parents house is on a long straight stretch of road where there are regularly garda checkpoints.. twice I have pulled into their place and a Garda car has come flying up the driveway, lights on and sirens blaring..

They keep thinking I'm trying to avoid the checkpoint when all I'm doing is calling in to visit my parents.. After the usual 20 minutes of explaining this, them checking my car, tax, insurance, nct, license, tyres, lights etc etc etc, they eventually believe me and off they go..

Now if I see a checkpoint, I usually just go up the road, through the checkpoint, travel to the next roundabout 2 miles up the road, come back through the checkpoint and then into my parents house.. saves a hell of a lot of hassle.. :rolleyes:

Our man in Havana

Why should you have to? I certainly wouldn't bother.

In this age of computers and ANPR the need for such checkpoints should be diminished significantly.

Hoffmans

right if the op was genuine parking his motor then he is fully entitled to do so ,
if a guard comes up after him acting on an act outside his duties as a peacekeeper then you have a valid case to take to the ombudsman ....

MagicSean

Haddockman wrote: »

Why should you have to? I certainly wouldn't bother.

In this age of computers and ANPR the need for such checkpoints should be diminished significantly.

Why? ANPR can only give details about the car. It can't tell you if it is full of stolen goods, it can't tell you if it is being driven by a notorious criminal and it can't tell you if the driver is drunk.

MagicSean

Hoffmans wrote: »

right if the op was genuine parking his motor then he is fully entitled to do so ,
if a guard comes up after him acting on an act outside his duties as a peacekeeper then you have a valid case to take to the ombudsman ....

That doesn't make much sense.

source

Hoffmans wrote: »

right if the op was genuine parking his motor then he is fully entitled to do so ,
if a guard comes up after him acting on an act outside his duties as a peacekeeper then you have a valid case to take to the ombudsman ....

If the Garda has reasonable grounds to believe that the op is not genuinely parking his car and just doing so for the purpose of avoiding the checkpoint, then the Garda has every right to question him about it. Either by approaching the car or beckoning the vehicle to approach.

Gardai can ticket a parked car for no tax just the same as Gardai can ticket a car being driven through a checkpoint. If the vehicle is on a public road then it's fair game.

Our man in Havana

k_mac wrote: »

Why? ANPR can only give details about the car. It can't tell you if it is full of stolen goods, it can't tell you if it is being driven by a notorious criminal and it can't tell you if the driver is drunk.

How comes you don't see any such checkpoints in the UK or in Europe?

source

Haddockman wrote: »

Why should you have to? I certainly wouldn't bother.

In this age of computers and ANPR the need for such checkpoints should be diminished significantly.

ANPR is only available in some vehicles, and mainly just in Traffic vehicles, so there is every need to continue checkpoints. Also as mentioned by kmac, a computer cannot detect whether there's drugs, stolen property, a person who's unlawfully at large, an unlicensed driver, a drunk driver etc etc on board the vehicle. So the Garda will always be required to stand at the side of the road and stop and speak to motorists.

Haddockman wrote: »

How comes you don't see any such checkpoints in the UK or in Europe?

Just because you haven't seen it doesn't mean it doesn't happen. I flew into stansted late last month and there was a tax checkpoint on the way out of the airport.

MagicSean

Haddockman wrote: »

How comes you don't see any such checkpoints in the UK or in Europe?

They have even more than we do. They even have portable fingerprint scanners and devices for detecting drugs in your system. Maybe it's just not exciting enough for Road Wars