No Silencer on MPV - Fine

Yakult

Hey guys, was in court today for an excessive exhaust in a public place. But was bemused by the fine, €150!
Never been in court before or any trouble for that matter. Even the AGS said it seemed a bit excessive.

Is their a set fine or can they give you what they see fit within a limit?

MagicSean

What evidence was given against you?

Pkiernan

Although I think the fines should be higher (sorry ), I would be interested to hear what happened in the Court.

What did the judge accept as evidence against you? Decibel meter readings, or the opinion of the guard?

Yakult

Only evidence was the opinion of the guard. No db reader.

Pkiernan

I am assuming you didn't have a solicitor with you, and thats perfectly reasonable btw.

I am surprised that a judge would convict you on this evidence. Did you have a chance to state any defence? It may have been worth challenging the Garda evidence at the time and just asking if the Guards objective opinion is enough to determine if your exhaust is excessively noisy.

Mr. Presentable

Garda verbal evidence is usually enough. Your OP says "no silencer" - it must have been very loud

audidiesel

No Silencer Fitted To M.P.V.

On the {DATE OF OFFENCE} at {PLACE OF OFFENCE} a public place, within [said District] , did drive a vehicle propelled by an internal combustion engine, registered number {REG. NO.} which was not fitted with an exhaust silencer or other devise suitable and sufficient for reducing to a reasonable level the noise caused by the escape of exhaust gases from the engine.

Contrary to Article 29(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 as amended, (made under the Road Traffic Act, 1961 as amended by Section 6 Road Traffic Act 1968), and Section 102 Road Traffic Act 1961 (as amended by Section 23 of the Road Traffic Act 2002)

^^^just to give you the law about that particular act. the technicalities of it are the Garda will stop you and issue an fixed charge penalty notice. - i think the fine for the exhaust is €80 on this

if this is not paid then, after a summons is issued it goes to the district court. there if found guilty the judge can impose a fine. the judge can impose a fine up to a certain amount (sorry i dunno off hand what it is).

it all comes down to the judge sitting in the court.

audidiesel

found it. it comes under the general penalty under section 102 of the RTA

judge can impose the following

1st offence - 800

2nd offence - 1500

Subsequent offences - 1500 and / or max 3 mths prison

MagicSean

Are you sure it comes under the fixed charge penalty system?

audidiesel

Im about 90% sure it does. But like careless driving the codes not written on the fcps cover.

Bosco boy

audidiesel wrote: »

Im about 90% sure it does. But like careless driving the codes not written on the fcps cover.

No fixed charge for any exhaust/slicencer offences, if there was we wouldn't have the problem we have, personally I would love if there was and penalty points with it. Let the boyracer have sleepless nights for a change and a bit of peace for the rest of us!

audidiesel

Sorry did a littlechecking and i was wrong on this. No fcps only summonses. The penalties as mentioned above are correct though