is there one rule for the gardai?

pgltbso

Just wondering if the guards are subject to the same rules/laws as us joe soaps?I got caught on my mobile last year,oncoming garda car saw me,turned around,flashing lights,pulled over,the whole deal.Was told I'd get a fine in the post.which I did a few weeks later so i paid the fine,took two penalty points and kicked myself.So I'm at the school today waiting for my son to come out and see a garda car coming down the road(not very fast,its a small village) and who is behind the wheel,laughing on her mobile phone but the same guard who did me last year!!!So,i'm just wondering,are they allowed use their mobiles while driving?

MagicSean

Yes they are

Jimmy Garlic

Yeah, they don't practice what they preach and enforce. Lost count of the number of times I have seen them overtake on solid white lines etc, probably in a hurry to get to the nearest chipper.. Before anyone says they are exempt from the rules of the road- I know that. The thing is they don't lead by example when they have the opportunity to. Talking on a personal mobile phone while driving can't be considered "in the course of their duty". A very unprofessional bunch.

MagicSean

I've often had to use my own mobile during the course of my duty. Not so much since the new radio system came in but it's still needed.

source

Yes, this question has been asked so much,

Section 3 Road Traffic Act 2006

3.— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone.

(2) Subsection (1) does not apply to a member of the Garda Síochána, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981 ) who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties.

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places of the use of—

(a) a mobile phone (other than in the circumstances referred to in subsection (1)),

(b) an in-vehicle communication device,

(c) information equipment, or

(d) entertainment equipment.

(5) Different regulations may be made under subsection (4) for different classes of cases coming within the same class of equipment or for different classes of vehicles in relation to such equipment or different classes of persons.

(6) A person who contravenes or fails to comply with regulations made under subsection (4) is guilty of an offence.

(7) It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—

(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or

(b) involved in or acting in response to a genuine emergency.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €2,000.

(9) In this section—

“ hands-free device ” means a device designed so that when used in conjunction with a mobile phone there is no need for the user to hold the phone by hand;

“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;

“ interactive communication function ” includes—

(a) sending or receiving oral or written messages,

(b) sending or receiving facsimile documents,

(c) sending or receiving still or moving images, or

(d) providing access to the internet;

“ in-vehicle communication device ” means a communication device designed or adapted to be attached to or integrated into a mechanically propelled vehicle or which may be used in or on such a vehicle and with which a person is capable of making or receiving a call or performing an interactive communication function and includes a two-way radio;

“ mobile phone ” means a portable communication device, other than a two-way radio, with which a person is capable of making or receiving a call or performing an interactive communication function, but for the purposes of subsection (1) does not include a hands-free device;

“ portable ” in relation to a mobile phone, means the phone is designed or adapted to be carried by a person;

“ two-way radio ” means an apparatus for wireless telegraphy which is designed or adapted for the purpose of transmitting or receiving spoken words or messages between a person and another, using a frequency other than a frequency used by a mobile phone.

Also Section 27 Road Traffic Act 2004

27.—Requirements under the Road Traffic Acts 1961 to 2004 relating to vehicles and requirements, restrictions and prohibitions relating to the driving and use of vehicles, other than those provided under sections 49 and 50 (inserted by sections 10 and 11, respectively, of the Act of 1994), 51A and 52 (inserted by sections 49 and 50, respectively, of the Act of 1968) and 53 of the Principal Act and sections 12, 13, 14 and 15 of the Act of 1994, do not apply to a driver of a fire brigade vehicle, an ambulance or the use by a member of the Garda Síochána of a vehicle in the performance of the duties of that member or a person driving or using a vehicle under the direction of a member of the Garda Síochána, where such use does not endanger the safety of road users.

ldxo15wus6fpgm

OP was the garda in uniform/driving a squad car? If they're off duty, they can hardly be said to be 'acting within the course of their duty'.

Sempai

pgltbso wrote: »

.....So I'm at the school today waiting for my son to come out and see a garda car coming down the road(not very fast,its a small village)......

the OP already said she was in a garda car

Jagle

sorry if im hijacking the thread here, but if the law states no mobile phones, what if im using my phone to play mp3's into my stereo?
or just an ipod, or any electronic device, my interpretation of the law is phones for phone calls = a big no no
phones for mp3 players, or mp3 players are ok, am i right?

seamus

Jagle wrote: »

sorry if im hijacking the thread here, but if the law states no mobile phones, what if im using my phone to play mp3's into my stereo?
or just an ipod, or any electronic device, my interpretation of the law is phones for phone calls = a big no no
phones for mp3 players, or mp3 players are ok, am i right?

If it's a phone and you're holding it, you're guilty of an offence. Doesn't matter if you're using to play music through the stereo.

But otherwise yes there's no specific offence if you're tinkering with a media player while driving. Whether it's wise is another conversation altogether. There would still be scope for a Garda to pull you over if you're allowing yourself to be distracted.

Jagle

seamus wrote: »

If it's a phone and you're holding it, you're guilty of an offence. Doesn't matter if you're using to play music through the stereo.

But otherwise yes there's no specific offence if you're tinkering with a media player while driving. Whether it's wise is another conversation altogether. There would still be scope for a Garda to pull you over if you're allowing yourself to be distracted.

thought as much about the phone, so the offence is for holding a phone, not using it for a phonecall

right ya i agree holding an ipod would also warrent the garda pulling you over, probably end up with a driving without due care offence or something if you try be a smartarse and explain its an ipod not a phone

blackcoat

Jimmy Garlic wrote: »

Yeah, they don't practice what they preach and enforce. Lost count of the number of times I have seen them overtake on solid white lines etc, probably in a hurry to get to the nearest chipper.. Before anyone says they are exempt from the rules of the road- I know that. The thing is they don't lead by example when they have the opportunity to. Talking on a personal mobile phone while driving can't be considered "in the course of their duty". A very unprofessional bunch.

Ridiculous post. You clearly just saw an irresistable effort to take a cheap-shot at the entire Garda force.

First of all, how could you possibly know if the call is a personal one or not!?

Secondly, you follow up that moronic statement with a nonsensical generalisation - 'A very unprofessional bunch'.

You do realise there are nearly 14,000 members and a great many who do brilliant work?? I could provide endless examples. Its easier to generalise the entire force though I suppose. I bet I could predict your exact response to this post also. Typical.

ldxo15wus6fpgm

Sempai wrote: »

the OP already said she was in a garda car

Missed that completely, cheers.

Hypothetically, then, if a Garda was off-duty, and using their phone while driving, could they be prosecuted? I'm not asking would they be prosecuted, obviously the chances of that are slim to none, I'm asking if theoretically they could be?

shaneybaby

Emmitt Repulsive Jugular wrote: »

Missed that completely, cheers.

Hypothetically, then, if a Garda was off-duty, and using their phone while driving, could they be prosecuted? I'm not asking would they be prosecuted, obviously the chances of that are slim to none, I'm asking if theoretically they could be?

Yes they can. And plenty of garda would be harder on a guy who tried to get off solely by saying they were a member of ags.

James Jones

shaneybaby wrote: »

plenty of garda would be harder on a guy who tried to get off solely by saying they were a member of ags.

I believe the opposite to be true but this would be impossible to substantiate. If what you claim is true, is there any chance that you could create a link for us for the court cases that must have happened?

Gerry.L

Proabably a bit late to be saying this now.... but not that long ago before the garda radios went digital, if ya ever happened to be listening to a scanner, manys a time one garda would radio another garda and tell him something to the extent off "robbery on clannbrasil street, call me on the mobile".. just because they knew that half the town had scanners and would be listening in. So I wouldnt be so quick to think if a garda is on a mobile hes chatting to his mate about the weekend.

source

@ James Jones: There wouldn't be any court cases, as members of AGS who get caught doing something like this and are prosecuted; take their punishment and don't let it go as far as a court case.

ie They pay their fine, take their points and get on with it.

FreudianSlippers

OP, try a search next time.

shaneybaby

James Jones wrote: »

I believe the opposite to be true but this would be impossible to substantiate. If what you claim is true, is there any chance that you could create a link for us for the court cases that must have happened?

http://www.google.ie/#sclient=psy&hl=en&safe=off&site=&source=hp&q=garda+convicted&aq=f&aqi=&aql=&oq=&pbx=1&fp=5edbadd33fecad03

any links to court cases that a garda got off solely because he was a garda?