Didn't receive ticket, jut received summons

Jamerican

I received a ticket a while back for not wearing a seatbelt. (I wasn't driving, thought I had it on, shocked I didn't) Anyway Garda took all of my info and said it would be a €60 fine. Ok sucks, but oh well.

Fast forward a few months and I remember I haven't received the ticket. So I call the local garda station and was told unless I had the garda's name and the date of the ticket there was nothing I could do. And they garda probably just forgot about it.

Well, I remembered again last week and called the garda station in the city and they couln't find me on any lists. Again was told I was probably just let off. Now today I received a summons in March via registed post.

I really want to just pay this thing and be done with it. Is there a way I can pay without having to wait until March with the risk of being thrown in jail or whatever will happen? I just want this out of my hair.

RootX

You're not going to jail for not wearing a seatbelt
If convicted in court you'll be getting 4 penalty points and perhaps a fixed fine, as per http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Chart1.pdf

Jamerican

I can't be given points if I wasn't driving, right? I also don't have a license yet anyway. I especially don't want to pay more than the original fine.

RootX

You were a passenger then, right? I thought you meant you were in the vehicle, driver's seat but not driving.

To be honest I'm not sure what the penalty for a passenger not wearing seatbelt can be, obviously cannot be points but a fine instead?

flazio

Thought the onus was on the driver to ensure all passengers are belted up, therefore isn't it the driver that'll get the rap?

RootX

flazio wrote: »

Thought the onus was on the driver to ensure all passengers are belted up, therefore isn't it the driver that'll get the rap?

According to the points chart,

"Driver permitting person under 17 years of age to occupy a seat when not wearing safety belt" incurs points and fine for the driver, if the passenger is over 17 it's not the driver's responsibility as I interpret it.

Jamerican

Yes, I was a passenger. I was hoping I could go down to the station and pay now or something.

flazio wrote: »

Thought the onus was on the driver to ensure all passengers are belted up, therefore isn't it the driver that'll get the rap?

The garda said since I was over 18 that the driver was safe from a fine and points.

maggy_thatcher

Jamerican wrote: »

I can't be given points if I wasn't driving, right? I also don't have a license yet anyway. I especially don't want to pay more than the original fine.

Normally if you accrue penalty points without having a licence (e.g. you are driving on a foreign one), the points go on file and are suspended until the time that you get an Irish licence. I don't know if that applies if you don't have a licence at all:

CitizensInformation wrote:

If you are driving on a foreign driving licence in Ireland and acquire penalty points here, you will receive the normal statutory fine but the penalty points will not be added to your foreign driving licence. If you subsequently exchange your foreign driving licence for an Irish driving licence, your Irish penalty points will then be activated on your new Irish driving licence.

ResearchWill

Jamerican wrote: »

Yes, I was a passenger. I was hoping I could go down to the station and pay now or something.



The garda said since I was over 18 that the driver was safe from a fine and points.

This SI sets out the rules and penalties http://www.transport.ie/upload/general/7537-0.doc

The penalties


12. A person guilty of an offence under –

(b) Regulation 10 is liable on summary conviction to a fine not exceeding €5,000, or

(b)​any other Regulation is liable on summary conviction to a fine not exceeding €2,000.


I would doubt any DJ will impose a fine higher than €50 - €100 but in reality can't say as I have never seen a passanger prosecuted.

You have two options 1 turn up deal with matter yourself, 2 employ a solicitor have him deal with matter on your behalf.

Just as an aside, the max fine above is now considered a class C fine under the fines Act, that is now a maximum fine of €2,500.

ResearchWill

maggy_thatcher wrote: »

Normally if you accrue penalty points without having a licence (e.g. you are driving on a foreign one), the points go on file and are suspended until the time that you get an Irish licence. I don't know if that applies if you don't have a licence at all:

No penalty points for this offence fine only.