Disqualified Driver Can Only Be Stopped if Seen By Guards - CCTV No Good

Kintarō Hattori

Hi Folks,

Just said I'd post this here to get some feedback. My neighbour is currently banned from driving their car. They had numerous incidents on the road, the last of which involved the guards directly. Needless to say they have been banned from the road and I believe they still are. Recently the neighbour in question has been driving the car from their spot to a friend in the same estate and then the friend hops in the car and they head off together. I know it's only a small distance (maybe 100m or so) but it's a busy enough estate and one with lots of kids.

I reported it to the Guards only to be told they can only do something about it if they see the banned driver behind the wheel themselves. Apparently clear CCTV footage isn't enough to come up and have a word.

That just seems a bit bizarre.

zg3409

The driver could claim it was not them, they could claim the cctv was inappropriate and inadmissable as it targets not the cctv owners property or required cctv signs are not in place. Realistically it's far easier for Gardai to catch them red handed. Even if caught what can they do? Ban them from driving, already done, do them for driving without insurance, licence etc, will that really stop them from chancing their arm again? Maybe siezing their car multiple times may hit them in the pocket.

Effects

Are you sure they are banned? Between it going to court, and appeals, it can actually take years to get someone off the road.

I've seen it with my own neighbour, who has even lead the Gardaí on chases when she wouldn't stop for them. Took about three years, and finally seizing her car for good, to get her to stop driving.

Jequ0n

You reported someone for driving a 100 metre distance? Umm…

If course they must be stopped driving by the garda member.

The guard has to go to court and give evidence that the banned person was driving, how can they do that if they don't stop him?

CCTV footage is of a car.

Kintarō Hattori

https://www.boards.ie/discussion/comment/117805547#Comment_117805547

They have been banned for being a danger to everyone else on the road. Should they hit my car on the way out or back in, that would be a nightmare to sort out. Then as mentioned, it's a busy estate with no through road in the part I live in so kids are always running, skating, on their scooters. Their car prior to the one now was a canvas or dents and scrapes.

Well it seems the case has been answered. Actual footage which would show the person driving the car can't be used and that it would take an actual accident to stop them.

Kintarō Hattori

https://www.boards.ie/discussion/comment/117805563#Comment_117805563

The CCTV at the front of my own house covers part of the road and clearly shows them entering and exiting the vehicle.

magicbastarder

https://www.boards.ie/discussion/comment/117805547#Comment_117805547

i'd report the friend for being so bone lazy.

seamus

In reality what are you expecting here? The Gardai might go up and "have a word" with him, but there's nothing they can actually do unless they catch him driving. They see banned drivers day in and day out, still driving. They know these people don't give a sh1t and that going up to "have a word" will be an absolute waste of everyone's time.

There are several reasons why the CCTV outside your house is inadmissible as evidence, so yes the Gardai do indeed have to catch him in the act to be able to do anything.

Tbh, they're doing you a favour by not going up to talk to him. I'm going to guess this neighbour is a bit of a scumbag. If the Gardai go up and say, "You've been seen driving your car around", then you can be fairly sure that he's going to blame the neighbour with the CCTV camera, and he'll be popping into you to "have a word".

Wishbone Ash

Is the estate road a public road? A driving ban wouldn't apply to private roads.

Kintarō Hattori

https://www.boards.ie/discussion/comment/117805794#Comment_117805794

It is indeed.

Kintarō Hattori

https://www.boards.ie/discussion/comment/117805791#Comment_117805791

Seamus, I hear you. It just seems slightly mad that it would take an accident to have anything done here.

https://www.boards.ie/discussion/comment/117805894#Comment_117805894

It doesn't take an accident. It takes a Garda member to personally see him driving.

CCTV, as I said is no good for court, the guard has to give evidence on oath that they personally observed the banned driver driving on a public road.

Of course, you could make a statement and go to court as the witness yourself...but I understand you hardly want to do this with your neighbour!

GNWoodd

https://www.boards.ie/discussion/comment/117805695#Comment_117805695

I am not an expert on CCTV but a camera covering an area that is outside your property is questionable .

People have a right to go about their business without being filmed .

antodeco

https://www.boards.ie/discussion/comment/117812939#Comment_117812939

Yep this is the unfortunate thing people aren't aware of. It is reasonable to cover a certain element of property that is not yours, where it can be argued that due to camera angles etc, there is not much you can do. However if the camera is clearing pointing towards the public road, that's an issue.

Also, how CCTV is recorded is important. Is must be in a secure format that can only be accessed via a password

wotzgoingon

Just talking about CCTV. A house near me has cameras on a bridge on a public road. Nothing to do with his property and they are also the ones that work in the dark. He has them there years now. He also has cameras at the entrance to his property by the electric gates. He lives in a mansion. There are other mansions on his road too and they also have CCTV but not on a public road like he does.

https://www.boards.ie/discussion/comment/117805695#Comment_117805695

That's a GDPR rights breach, inadmissible.

PS, you're a gowl of a neighbour.

GNWoodd

https://www.boards.ie/discussion/comment/117816734#Comment_117816734

A camera installed by an individual shouldn’t record what happens on a public road.

This is not a police state .

GNWoodd

https://www.boards.ie/discussion/comment/117816868#Comment_117816868

Maybe ignore the issue ?

There are bigger problems in the world besides an individual who may or may not be disqualified driving the short distance to his friends house ,

Since the Ross amendment in late 2018 the threshold for being disqualified is so low as to make the law in this area a complete an utter ass !

GNWoodd

Those who write the law and those who implement it need to have a very frank discussion before it becomes an appallingly vista and the whole lot comes tumbling down . . The evidence is already on their own files .

Kintarō Hattori

https://www.boards.ie/discussion/comment/117816777#Comment_117816777

Thank you.

GM228

If course they must be stopped driving by the garda member.

The guard has to go to court and give evidence that the banned person was driving, how can they do that if they don't stop him?

Any person can also give such evidence on oath, it does not have to be a Guard.

There are several reasons why the CCTV outside your house is inadmissible as evidence, so yes the Gardai do indeed have to catch him in the act to be able to do anything.

Home CCTV covering the area outside your home can, and does be admissible as evidence in criminal cases, Irish courts accept such despite the footage having no legal basis under GDPR, the same way the Garrdaí can use dash cam footage for criminal cases

Vic_08

https://www.boards.ie/discussion/comment/117822356#Comment_117822356

This.

One sensible post in a sea of internet legal expert bullsh!t.

Victor

People are creatures of habit. Each time you see them driving, write it down. When you have maybe 10 times and there is some sort of pattern, write to the local superintendent.