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Speeding Loop hole continues

  • 15-02-2005 8:24am
    #1
    Villain
    Registered Users, Registered Users 2 Posts: 15,956 ✭✭✭✭


    On the 23rd of May last year I posted this thread on the back of the cover story in Ireland on Sunday.

    Basically Section 21 of the 2002 Road Traffic Act states that
    The electronic or other apparatus referred to in subsection
    (1) shall—
    (a) be capable of producing a photograph or other record of the measurements
    So if you get caught for speeding and the gun can't produce a record (which I believe 95% can't) you can get off scot free.

    Minister Brennan done nothing to correct this while he was Minister for Transport and either has Mr Cullen since he has taken the portfolio over.

    A High Court opinion was sought by District Judge Leo Malone following submissions made to him in a case in Carrick on Shannon District Court in Co Leitrim. The High Court yesteday dealth with the issues.

    Firstly, the court was asked if the laser gun, which does not produce a written or permanent record, meets the requirements of section 21(1) and (3) of the Road Traffic Act 2002. The High Court answered that it does not.

    Also, the High Court was asked if the word 'record' contained in the relevant section of the act requires a formal permanent record from speed detection device to establish prime facie proof of the offence in accordance with Section 21. To this question the Court answered yes.

    So WTF are the government at??? Has Minister Cullen being too busy wriggling his way out of the Leech PR scandal to tackle this or does the government just not give a sh*t?


Comments

  • #2
    Zombrex
    Closed Accounts Posts: 25,848 ✭✭✭✭Zombrex


    http://www.ireland.com/newspaper/motoring/2005/0209/4103584201MOT09LEAD.html
    The Act has since been superseded by the Road Traffic Act 2004, which clarifies the language on laser guns and the need for a permanent record. However, there are still hundreds of outstanding contested cases brought before the new Act came into force on January 20th.

    So everyone before last month can claim "no record, no crime", but at least it appears to have been fixed.


  • #3
    Boggle
    Closed Accounts Posts: 964 ✭✭✭Boggle


    Unless the printout thing was put in there for a reason in the first place...

    ... in which case then, political expediency has placed another threat on your rights. (and will eventually place more convictions in doubt)


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