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Luas Prosecutions & Court Procedures

  • 15-01-2012 7:29pm
    #1
    Closed Accounts Posts: 283 ✭✭


    Hi all,

    Just wondering what district court do they summons you to appear when LUAS are bringing a prosecution? Is Veoila the prosecuting company?

    Generally what power is used to bring this prosecution? And is the issuing inspector required to attend to give evidence of issuing the fine if the person effected contests it in court?

    More interestingly what is your experience of this process for any of you unlucky people that have through it? ;)

    Cheers


Comments

  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    The law you will have breached will be on your court summons; it will probably be the Transport (Railway Infrastructure) Act 2001 which relates entirely to Luas or the 2005 Railway Safety Act. The summons will also let you know where to attend on the day and at what time. I think they used to be in the Richmond Court but believe some CIE cases have also been heard in the court room on Essex Street. That said, the location it may have been is irrelevant; it's wherever you are told to be on the day that matters :) As for the company prosecuting, that will also be on your summons but it probably will be some Veolia Ireland in some shape or form.

    Good luck on the day, your chances of getting off are about 20% ;)


  • Closed Accounts Posts: 283 ✭✭An Udaras


    Unfortunately no LUAS where I live so not even a chance of getting a fine ;).. Was just curious about LUAS prosecutions in general and people experiences Thanks for the info though..

    Any idea if the issuing inspector would attend court if the case was contested to give evidence?


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    An Udaras wrote: »
    Unfortunately no LUAS where I live so not even a chance of getting a fine ;)

    They don't just fine Dubs, ya know but I'll take your word for it :)
    An Udaras wrote: »
    Was just curious about LUAS prosecutions in general and people experiences Thanks for the info though..

    Any idea if the issuing inspector would attend court if the case was contested to give evidence?

    They will do as they need to give evidence of issuing a SFN to the accused. The transport cases are usually done in blocks of court sittings to maximize the amount of cases heard using minimize personnel and legal costs on the day.


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    An Udaras wrote: »
    Just wondering what district court do they summons you to appear when LUAS are bringing a prosecution?
    I imagine it could be any of the district courts in Dublin, including Tallaght and maybe Cloverhill.
    Is Veoila the prosecuting company?
    It may depend on who you were caught by. Veolia Transport Dublin Light Rail Limited is the subsidiary that runs Luas. However, they would merely be doing it as agents of the RPA.
    Generally what power is used to bring this prosecution?
    Normally it would be for breaching the bye-laws http://www.luas.ie/luas-byelaws.html under the Transport (Railway Infrastructure) Act 2001, but certain offences may also be tried under the Railway Safety Act.
    And is the issuing inspector required to attend to give evidence of issuing the fine if the person effected contests it in court?
    I imagine normally yes. However, the usual judges that deal with these matters are well versed in these things and know that the evidence is correct, so while some individual cases might have the nitty gritty gone through, most of the others are getting 2 minutes court time maximum.


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