Can I dispute a speeding fine?

Large fun bags

Got a speeding fine in the door for doing 90kms in a 100km zone believe it or not. I was driving a 3.5 tonne max weight tipper truck which can be driven on a car licence for which the same speed limits apply. They classed me as a big truck. The problem is I paid the fine as I thought I was legitimately caught speeding. Is it possible to have this decision reversed as I'm not paying extra for insurance next year when I was falsely fined.

MarkAnthony

Now that it's paid I'm not sure. Generally you'd go to court and plead your case there.

Atlantic Dawn

I think because you have paid it you will have problem appealing. Also make sure that your 100% sure that the licence you had covered you for that vehicle or you could be opening a bigger can of worms.

hullaballoo

The speed limit for goods vehicles of that weight is 80kph so there is nothing false about the fine.

Large fun bags

hullaballoo wrote:

The speed limit for goods vehicles of that weight is 80kph so there is nothing false about the fine.

No its not

hullaballoo

Large fun bags wrote: »

No its not

Well, you're the lawyer so I guess I'll just shut up.

notharrypotter

Large fun bags wrote: »

No its not

Is there any chance that you are equating the licence to drive requirements with the speed requirements?
Can you link the relevant regulations?

exaisle

I'm fairly sure that the 80km limit for goods vehicles applies to those vehicles over 3.5 tonne.

Probably time for a trip to your solicitor....

flyingsnail

To me it looks like it only applies to vehicles over 3.5


http://www.irishstatutebook.ie/eli/2008/si/546/made/en/print

Speed limits — certain other vehicles

4. The ordinary speed limit of 80 kilometres per hour is prescribed in respect of all public roads for—

(a) a mechanically propelled vehicle neither constructed nor adapted for use primarily for the carriage of passengers which has design gross vehicle weight in excess of 3,500 kilograms, and

(b) a combination of a mechanically propelled vehicle drawing another vehicle.

Lesser speed limit

5. A speed limit prescribed in these Regulations does not apply in respect of any road where a lesser speed limit having effect under Part 2 of the Road Traffic Act 2004 (No. 44 of 2004) applies.

Marcusm

Large fun bags wrote: »

Got a speeding fine in the door for doing 90kms in a 100km zone believe it or not. I was driving a 3.5 tonne max weight tipper truck which can be driven on a car licence for which the same speed limits apply. They classed me as a big truck. The problem is I paid the fine as I thought I was legitimately caught speeding. Is it possible to have this decision reversed as I'm not paying extra for insurance next year when I was falsely fined.

The FCPN is an alternative to a court case; they offered a diversion from a prosecution and you accepted it. Unless you were put under duress it's hard to see how you can back out once they have banked your money. The penalty points were voluntarily, if misguidedly, accepted.

ezra_

Large fun bags wrote: »

I was driving a 3.5 tonne max weight tipper truck

flyingsnail wrote: »

To me it looks like it only applies to vehicles over 3.5


http://www.irishstatutebook.ie/eli/2008/si/546/made/en/print

From a quick read - if your truck had a max load weight that was under the 3.5k kgs, that when combined with the weight of the truck itself (unladen) was in total less than 3.5k kgs, then you probably didn't have to take the points.

If the max load weight was 3.5tonnes, then you are out of luck as the gross weight would be in excess of 3.5k kgs.

out of interest, what was the specific vehicle? I've never seen a tipper truck was that wasn't at least three axles and didn't require a cat C licence.

GM228

OP a tipper truck is classed as an N3 vehicle AFAIK in which case 80 km/h is the max speed limit irrespective of weight.

Large fun bags

Mitsubishi Canter, the truck itself is only 2.5 tonne empty

Tigger

Large fun bags wrote: »

Mitsubishi Canter

Canter comes with a 3500kg design gross weight limit so I'm pretty sure it's allowed do the normal limits
All transits etc in that class are and its only the heavier ones that ha e to have a tacho and the lower speed limits

MarkAnthony

Large fun bags wrote: »

Mitsubishi Canter, the truck itself is only 2.5 tonne empty

Sorry for the OT but can I drive that bad boy on my car licence?!

I love driving vans - now to be fair I'm not gonna just go for a jaunt in one but next time someone is moving house or whatnot.

GM228

Large fun bags wrote: »

Mitsubishi Canter, the truck itself is only 2.5 tonne empty

So it's an LGV, but because it's a tipper I believe it still falls into the category of N3 but I'm open to correction.

Also was it carrying a load of 1T+ to push it over the 3.5T limit?

CiniO

GM228 wrote: »

So it's an LGV, but because it's a tipper I believe it still falls into the category of N3 but I'm open to correction.

Also was it carrying a load of 1T+ to push it over the 3.5T limit?

Category N3 is for goods vehicles of D.G.V.W exceeding 12 tonnes.

Vehicle OP was driving must have been of class N1 which are good vehicles up to 3500kg D.G.V.W.

Amount of load carried is irrelevant for speed limits or licensing purposes.

I.e. if OP's vehicle weights 2500kg, and has loading capacity of 1000kg, then when OP overloads it and puts more weight on it, then he is committing an offence of driving overloaded vehicle, but can not be resposnsible for driving without appropriate licence. As well as lower speed limits doesn't apply, as both licence requirements and speed limits are based on vehicle type.

Large fun bags

I'm just going to call the fines office in thurles tomorrow. I know I should have done this before paying but I thought I actually had done something wrong. Surely they can't wrongly give out fines and points and expect people to just accept it. Not to mention the insurance going up also because of points. It's bad enough paying a fine when you are in the wrong but when you have done nothing wrong? I certainly won't be accepting it without making some enquiries.

Fred Swanson

This post has been deleted.

Large fun bags

Fred Swanson wrote:

But you have accepted it.

That was before I knew I did nothing wrong

ezra_

Large fun bags wrote: »

I'm just going to call the fines office in thurles tomorrow. I know I should have done this before paying but I thought I actually had done something wrong. Surely they can't wrongly give out fines and points and expect people to just accept it. Not to mention the insurance going up also because of points. It's bad enough paying a fine when you are in the wrong but when you have done nothing wrong? I certainly won't be accepting it without making some enquiries.

How did it go?