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Who is authorised to stop motorists?

  • 16-10-2013 9:20pm
    #1
    Registered Users, Registered Users 2 Posts: 6,562 ✭✭✭


    I always thought that AGS were the only agency who had the authority to stop vehicle's. Can Customs & Excise / Revenue also stop a vehicle?


Comments

  • Registered Users, Registered Users 2 Posts: 2,675 ✭✭✭exaisle


    Yes.

    As can a person herding animals.....and a lollipop man/woman...


  • Registered Users, Registered Users 2 Posts: 6,562 ✭✭✭kub


    exaisle wrote: »
    Yes.

    As can a person herding animals.....and a lollipop man/woman...

    Of course I forgot my school days, so if Customs went and flagged someone down are they allowed to chase after them?


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    Anytime I've seen customs out dipping, or social welfare doing checks, they're usually accompanied by the Gardaí. There's a spot on my way to work where they do big multiunion checkpoints from time to time. The gardaí usually check tax/insurance/NCT and pull people in, then customs/social welfare talk to them once they're stopped. I don't see customs chasing after people - I suspect they'd just take the car reg.


  • Registered Users, Registered Users 2 Posts: 608 ✭✭✭chocksaway


    kub wrote: »
    Of course I forgot my school days, so if Customs went and flagged someone down are they allowed to chase after them?

    I would put it on the same boat as customs stopping you in the airport.. Don't stop and you're in for a world of hurt


  • Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    Finance Act 2001.


    134.—(1) An officer in uniform may stop any vehicle in order—


    (a) that such officer, or any officer accompanying such officer, may exercise any power conferred on them by section 135 in relation to excisable products or any other products chargeable with a duty of excise, where there are reasonable grounds to believe that such products are being transported in or on such vehicle, or


    (b) to examine and take samples of mineral oil under section 135 (2)(a).


    (2) An officer in uniform or a member of the Garda Síochána may stop any vehicle for any purpose related to vehicle registration tax or the registration of vehicles in any of the registers established and maintained under Chapter IV of Part II of the Finance Act, 1992 .


    (3) Any person in charge of a moving vehicle shall, at the request of an officer in uniform or a member of the Garda Síochána, stop such vehicle.


    (4) Any person in charge of a vehicle shall, whether such vehicle has been stopped by an officer or member of the Garda Síochána under this section, or is already stationary, at the request of an officer or member of the Garda Síochána—


    (a) keep such vehicle stationary for such period as is reasonably required to enable an officer or member to exercise any power conferred on such officer or member by section 135 , or


    (b) where such vehicle is in the opinion of such officer or member situated in a place unsuitable for the exercise of any power conferred on such officer or member by section 135 , take such vehicle or cause it to be taken to such place as such officer or member may consider suitable for the exercise of such power.

    135, 140 and 141 of the same act also apply.


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  • Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭Capri


    Finance Act 2001.


    134.—(1) An officer in uniform may stop any vehicle in order—


    (a) that such officer, or any officer accompanying such officer, may exercise any power conferred on them by section 135 in relation to excisable products or any other products chargeable with a duty of excise, where there are reasonable grounds to believe that such products are being transported in or on such vehicle, or


    (b) to examine and take samples of mineral oil under section 135 (2)(a).


    (2) An officer in uniform or a member of the Garda Síochána may stop any vehicle for any purpose related to vehicle registration tax or the registration of vehicles in any of the registers established and maintained under Chapter IV of Part II of the Finance Act, 1992 .


    (3) Any person in charge of a moving vehicle shall, at the request of an officer in uniform or a member of the Garda Síochána, stop such vehicle.


    (4) Any person in charge of a vehicle shall, whether such vehicle has been stopped by an officer or member of the Garda Síochána under this section, or is already stationary, at the request of an officer or member of the Garda Síochána—


    (a) keep such vehicle stationary for such period as is reasonably required to enable an officer or member to exercise any power conferred on such officer or member by section 135 , or


    (b) where such vehicle is in the opinion of such officer or member situated in a place unsuitable for the exercise of any power conferred on such officer or member by section 135 , take such vehicle or cause it to be taken to such place as such officer or member may consider suitable for the exercise of such power.

    135, 140 and 141 of the same act also apply.

    Can you imagine the amount of paper they'd save if the used PLAIN ENGLISH :P


  • Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    Capri wrote: »
    Can you imagine the amount of paper they'd save if the used PLAIN ENGLISH :P

    Plain English is full of legal loopholes.


  • Registered Users, Registered Users 2 Posts: 4,499 ✭✭✭Capri


    Plain English is full of legal loopholes.

    I know that :P , just wondering if the French / German /Italian legal systems have the same problems with their laws and interpretation of same :confused:


  • Closed Accounts Posts: 3,049 ✭✭✭discus


    Thankfully there are people who take a few years of their life to study the art of interpretting law from various angles, so we don't have to. In Ireland these are Gardai, Barristers, Solicitors and other legals professionals.


  • Banned (with Prison Access) Posts: 50 ✭✭McCongo


    discus wrote: »
    Thankfully there are people who take a few years of their life to study the art of interpretting law from various angles, so we don't have to. In Ireland these are Gardai, Barristers, Solicitors and other legals professionals.

    Gardai are legal professionals? Spend years studying the art of interpreting the law? When did this start?


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  • Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    McCongo wrote: »
    Gardai are legal professionals? Spend years studying the art of interpreting the law? When did this start?

    Some gardai have been doing it. Not all.


  • Registered Users, Registered Users 2 Posts: 1,610 ✭✭✭adam88


    exaisle wrote: »
    Yes.

    As can a person herding animals.....and a lollipop man/woman...

    You must have recently done the driving course with a large state agency. Every class I say has that question asked


  • Registered Users, Registered Users 2 Posts: 294 ✭✭eoinkildare


    Can the GSOC stop vehicles????
    I'd love to take a chase from them


  • Registered Users, Registered Users 2 Posts: 1,314 ✭✭✭Technoprisoner


    i think only certain members of revenue can stop a motorist. i could be wrong but remember reading somewhere that it states on their i.d if they are allowed to stop and search a vehicle


  • Registered Users, Registered Users 2 Posts: 1,935 ✭✭✭randy hickey


    Did one of the first Signing Lighting And Guarding courses for setting up proper Traffic Management at roadworks a few years ago.
    We were told the only entities that could legally stop traffic on a public road were:

    1. Members of AGS.
    2. School Crossing Wardens (Lollipop Person)
    3. Farmers moving animals.
    4. Traffic Management.


  • Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    You were told wrong.


  • Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    i think only certain members of revenue can stop a motorist. i could be wrong but remember reading somewhere that it states on their i.d if they are allowed to stop and search a vehicle

    Wrong. See post 6.


  • Registered Users, Registered Users 2 Posts: 606 ✭✭✭time lord


    Authorised persons of local authorities enforcing the Waste Management Act 1996 can halt vehicles. (Not done in practice without the practical help of the Gardaí but still the staff are legally allowed stop vehicles and seize them too I think)


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