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Speed Cameras and Penalty points

Our man in Havana · 2003-05-23 14:53:11

Do you get points if you are caught by a GATSO? As they only photo the rear of the car you cannot see who is driving. Is there any defense for the owner in saying "I wasnt driving it must have been the wife" ? What is the position? Thanks James

23-05-2003 2:53pm

#1

Our man in Havana

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Do you get points if you are caught by a GATSO? As they only photo the rear of the car you cannot see who is driving.

Is there any defense for the owner in saying "I wasnt driving it must have been the wife" ?

What is the position?

Thanks

James

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Comments

#2 23-05-2003 3:08pm

Michael Collins

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I don't think that makes any difference. Who ever owns the vehicle has to pay the fine...

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#3 23-05-2003 3:28pm

Pimp Ninja

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We had this discussion a while back..

http://muppet.boards.ie/vbulletin/showthread.php?s=&threadid=76262

But didnt reach a definate answer.. I'd say your best bet is to ring the gardaí in Dublin Castle.. they'll have an answer for you.

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#4 23-05-2003 4:53pm

Da Man

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If you are the owner of the car it is your responsibility to identify who the driver is. There's obviously the possibility that you can't identify the driver but I'd say you would need to come up with a pretty good story as to why this is. They're not going to let you get away with it easily, let's put it that way.

So if your wife was driving the car at the time, then she gets the points.

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#5 23-05-2003 11:17pm

Chimaera

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This came up in the UK not so long ago too. It was suggested there that it would be an infringement of your civil rights to be forced to reveal the identity of the driver of the car in such a case, as it could lead to self-incrimination. I believe some speeding cases were quashed on this basis too.

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#6 24-05-2003 7:42am

Pimp Ninja

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Well.. when you think about it...

When it comes down to it, it is your car. It is your responsibility to ensure that it is roadworthy etc... You also must give permission for another person to drive it, otherwise it's theft. By this reasoning, you are aware who is driving the car on a specific day.

Now I'm not suggesting keeping logbooks of who is driving when, and I'm not suggesting that you need to be "Memory Man" to try and remember who was driving the car. I'm just saying that the Gardaí would be well within their rights to slap the points on your licence. Simply because, its your car, and its up to you to know whos driving it, where and at a given time. And since the car wasn't reported stolen at the time, then it's safe for them to say that under the current laws/insurance policies, you knew who was driving the car, and had given them your concent to do so.

This was really making me think, so I went for the definative answer.. I called the Garda Traffic Department on (01) 6669800.

The driver of the car is responsible for and obliged to tell the Gardaí who was driving the vehicle at the time of the offence. It is an offence for them not to do so, and as such the driver can be charged with obstructing an investigation, or something to that effect.

So.. Its up to the driver to make sure that he/she knows who is driving their car at all times, and where they are going with it.

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#7 26-05-2003 6:04pm

Victor

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Originally posted by Pimp Ninja
The driver of the car is responsible for and obliged to tell the Gardaí who was driving the vehicle

Don't you mean owner?

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#8 31-05-2003 10:59am

Pimp Ninja

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Oops.. Didnt re-read that properly.. Yes I mean the Owner .. I cant edit it to fix.

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