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  • 12-09-2011 9:47am
    #1
    Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭


    hi just looking for advice, mods if in wrong section pls move.
    anyway i was driving a work van there sunday and was driving along a safe straight strech of road, a car in front of me slowed down and moved to the left, which i thought was to let me past. it didnt go all the way over so i had to go onto the white line for 5 secs max to get by. there was no other cars approaching. two mins later i get pulled by a garda on a bike, took my licence, went behind van , then came back and said you"ll get points and fine in post, he said it was for overtaking at junction. it was obviously a very minor junction to a main road.i didnt spot him, he said he was sitting at junction looking at me. i said the car moved over for me. he said it doesnt matter. which in hindsight i agree, i shouldnt have done it. he then just walked off didnt give me his name etc. so what shud i expect to get outta this/ is it worth an appeal? whats the offence also wud it be put down as careless/dangerous driving?:(


Comments

  • Registered Users, Registered Users 2 Posts: 19,106 ✭✭✭✭TestTransmission


    Crossing continuous white line and 2 points I would imagine OP.Personally I wouldn't appeal.


  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    I don't really think you could get off with an appeal, as you did cross the line. Looks like you'd get two points from .www.penaltypoints.ie

    If you were to dispute it in court, and lose, then it would be 4 points.


  • Registered Users, Registered Users 2 Posts: 1,025 ✭✭✭problemchimp


    It's a pain in the hole but I don't think an appeal will help.


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    You made a mistake unfortunately, white line don't overtake at all, unless the person in front and turned off the road altogether.

    I know its easy to feel compelled by the truck/tractor/van in front who's pulled in to let you past but I wouldnt bother


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    You made a mistake unfortunately, white line don't overtake at all, unless the person in front and turned off the road altogether.

    I know its easy to feel compelled by the truck/tractor/van in front who's pulled in to let you past but I wouldnt bother
    Or at least don't do it with a Garda watching.;)


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  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    Anan1 wrote: »
    Or at least don't do it with a Garda watching.;)

    Well that too ;)

    But myself, if someone is covering part of the lane i'm driving on, I treat it as them being in front of me, same goes for cyclists and mopeds.


  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    thanks 4 replies. so what type of fine and points wud this incur?


  • Registered Users, Registered Users 2 Posts: 9,366 ✭✭✭ninty9er


    Wait and see. Maybe the Garda in question wanted to teach you a lesson and won't process the points.

    Are they not required to give you something in writing at the scene?


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    Crossing continuous white line and 2 points I would imagine OP.Personally I wouldn't appeal.
    hadepsx wrote: »
    thanks 4 replies. so what type of fine and points wud this incur?


    Unless he does you for driving without due care too, unlikely though.


  • Banned (with Prison Access) Posts: 30 zulukev


    think he was just trying to frighten you, and i think he suceeded;).
    i think its 2 points & 80euro if he was heving a bad day.


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  • Registered Users, Registered Users 2 Posts: 14,012 ✭✭✭✭Cuddlesworth


    zulukev wrote: »
    think he was just trying to frighten you, and i think he suceeded;).
    i think its 2 points & 80euro if he was heving a bad day.

    One thing a bike driver hates above all else is the "I didn't see you" line.


  • Registered Users, Registered Users 2 Posts: 2,354 ✭✭✭cjmcork


    OP a 'minor junction' is still a junction...........I've had 4 pp's at one point - it does change the way you drive........well, it did with me, cos i HATE giving the government money...........:mad:


  • Registered Users, Registered Users 2 Posts: 191 ✭✭Scealta_saol


    should just be a fine for overtaking on a continuous white line. call the garda fines number on 666 8500 and give your reg to see if you got a fine because if you don't pay within 28 days you can't pay at all and it'll go to court... should be €40 and the points.

    just give your car reg and say you're just checking - it's not like they'll say give us your details and we'll process a fine now :)


  • Closed Accounts Posts: 646 ✭✭✭end a eknny


    i wouldnt be sure you will get anything but if you did i would appeal


  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭savagecabbages


    Its very hard not to overtake when someone pulls in like that.

    I've incurred manys a honk and flash from drivers behind me for not overtaking someone who politely pulls in because of solid white lines... Having said that I've also overtaken in similar situations myself!!

    The law is the law though...


  • Registered Users, Registered Users 2 Posts: 511 ✭✭✭Alan b.


    Its very hard not to overtake when someone pulls in like that.

    I've incurred manys a honk and flash from drivers behind me for not overtaking someone who politely pulls in because of solid white lines... Having said that I've also overtaken in similar situations myself!!

    The law is the law though...

    I agree, reminds me of a time 2 ban guards piled me and tried to do me for under taking and I laughed and had to ask was she taking the piss.

    Clear left lane, I over took, and pulled into it, a car ahead of me stayed in the wrong lane and slowed down and I maintained my speed so passed it. All at low speed

    She didn't like being told to knock herself out when she insisted it was still breking the law.
    Nothing came of it naturally.


  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    cheers lads/gals 4 replies. ye it defo shook me up a bit. its my first offence aswell, im normally a safe driver. i was driving a van thats not mine, its my bosses, so can i still give reg and check, im covered to drive it fyi. i hope not to get fine/points, but prob will knowing my luck. do i have to inform my insurance crowd asap or wait till next renewal.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    You made a mistake unfortunately, white line don't overtake at all

    That's not correct.
    White line doesn't prohibit to overtake.
    White line means that you have to drive on it's left side.
    If there is enough space for you to overtake someone without crossing white line, there is nothing illegal in doing so.


  • Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    hadepsx wrote: »
    ... he said it was for overtaking at junction...
    :eek: Whatever about getting points - at least you are still alive! Just take the points, and learn from it.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    CiniO wrote: »
    That's not correct.
    White line doesn't prohibit to overtake.
    White line means that you have to drive on it's left side.
    If there is enough space for you to overtake someone without crossing white line, there is nothing illegal in doing so.

    For me it is correct, I know what the rules are (I used to drive a bike) but i still don't chance it.

    Nothing to stop the car moving over and pushing you over the line.

    I take it easy these days, need to keep my license ;)


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  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    esel did u not read my opening post, im hardly gonna do that type of manovere all d time, like i said there was no 1 around, bar car in front and garda hiding behind road signage. any1 else know, if i get points do i inform insurance asap or at next renewal. thanks


  • Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    Esel wrote: »
    :eek: Whatever about getting points - at least you are still alive! Just take the points, and learn from it.
    hadepsx wrote: »
    esel did u not read my opening post, im hardly gonna do that type of manovere all d time, like i said there was no 1 around, bar car in front and garda hiding behind road signage

    Yes, I did read your OP.

    You said (and I paraphrase) that you were driving along what you thought was a safe straight strech of road, and that you misinterpreted the fact that a car in front of you slowed down and moved to the left to mean that the driver was letting you past.

    Apparently, you had to cross the white line for 5 seconds to complete your overtaking manoeuvre. The road ahead appeared to be clear. Two minutes later you were pulled by a motorcycle garda, who told you that you had overtaken at a junction.

    You thought it must have been a very minor junction, because apparently you had not been aware of its existence. The garda said he was sitting at the junction looking at you, but as you had not seen him (or the junction), you rationalised that he must have been hiding behind some previously unmentioned road signage.

    Furthermore, you said that you spent 5 seconds on the wrong side of the road while approaching/passing a junction of which you were not aware.

    I accept that your estimates of '5 seconds' and 'two minutes' are probably very inaccurate, and that these estimates were stated by you 'on the fly', as it were. However, if your driving skills are also 'on the fly', I respectfully suggest that you need to re-appraise your skill level. No-one is as good a driver as they think they are.

    ...........

    You made a basic, potentially lethal (to yourself or other road users) mistake.

    You were lucky that no impact, death or injury was caused by your mistake.

    I hope that you learn from this mistake, of which, in my opinion, you would have remained oblivious if the garda had not informed you of same.

    Were you following the van too closely, so that you did not either see the road sign announcing the junction or see the junction itself?

    I recommend that you buy, study ,and apply the system of car control in the book titled Roadcraft, which is described in Wikipedia here.

    Not your ornery onager



  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    get off your high horse will ye ffs. where did i say i was driving a car. i was driving a van and as such i have a much better view of the oncoming road than you would in a car.there was no other cars on road/in area, i also did not say i was on the other side of the road, i said i went over the white line for max 5 secs, hence the van was half way over the line and not all the way over as you"d like to imply.im sorry if i left out some detail, are you a garda:rolleyes:, i also said i knew it was a bad move, im not dening that. i will take the fine/points and ive already learned from it.

    now does anyone know do i inform insurance of said points asap or do i wait til next insurance renewal.


  • Closed Accounts Posts: 396 ✭✭tmcw


    hadepsx wrote: »
    get off your high horse will ye ffs. where did i say i was driving a car. i was driving a van and as such i have a much better view of the oncoming road than you would in a car.there was no other cars on road/in area, i also did not say i was on the other side of the road, i said i went over the white line for max 5 secs, hence the van was half way over the line and not all the way over as you"d like to imply.im sorry if i left out some detail, are you a garda:rolleyes:, i also said i knew it was a bad move, im not dening that. i will take the fine/points and ive already learned from it.

    now does anyone know do i inform insurance of said points asap or do i wait til next insurance renewal.

    You said that "i had to go onto the white line" in your original post Post #1. If you're going to be pedantic to others, probably not a good idea to contradict yourself.

    Tell your insurance company when you've been informed that points have been applied to your license. They will then take these points into account (or not) at next renewal. But it would be better to check your policy to see what it says to do in the event of obtaining penalty points.


  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    thanks for advice. how is that a contidiction. over and on to is pretty much the same. if i went fully across the line i would have said so, but i didnt. but like i said i shouldnt have done it.


  • Registered Users, Registered Users 2 Posts: 191 ✭✭Scealta_saol


    So have you called the fines office yet? Have you received a fine/points?

    When/If you do, you should definitely inform the insurance company as soon as possible because if they find out and you don't tell them they could make your insurance policy null and void...


  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    ive tried that number that was given, its not going through, do i add some digits at start of it. also do i just give em the reg of the van i was driving or my licence num.


  • Registered Users, Registered Users 2 Posts: 191 ✭✭Scealta_saol


    it's a dublin number so 01 area code. there's also 1890 30 40 60. it should just be enough to give the vehicle registration number.


  • Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    hadepsx wrote: »
    get off your high horse will ye ffs. where did i say i was driving a car. i was driving a van and as such i have a much better view of the oncoming road than you would in a car.there was no other cars on road/in area, i also did not say i was on the other side of the road, i said i went over the white line for max 5 secs, hence the van was half way over the line and not all the way over as you"d like to imply.im sorry if i left out some detail, are you a garda:rolleyes:, i also said i knew it was a bad move, im not dening that. i will take the fine/points and ive already learned from it.

    now does anyone know do i inform insurance of said points asap or do i wait til next insurance renewal.
    At this stage - whatever....

    Let me guess - you were driving a white van?

    Not your ornery onager



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  • Registered Users, Registered Users 2 Posts: 1,517 ✭✭✭hadepsx


    :rolleyes: constructive!
    ye whatever,
    and it was black fyi.:pac:


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