Caught on phone, no uniform undercover car

B-D-P-- · 01-06-2017 08:52AM #1

So,,, on my travels to work, I was at standstill (almost) in traffic, Bored and not thinking I toke out my phone, next thing there was a man in a car pulled up beside me in buslane, asked me to pull in.

He got out, had not stitch of uniform and was in a unmarked silver hyundai, no blue lights on.

Took my licence, went back to his car and came back and said he had to give me a ticket, handed back my licence and went on his merry way...

I'm not suggesting I was right, but is it allowed to give a ticket in such circumstance, also should I have gotten said ticket or does that come in the post?

Cazale · 01-06-2017 08:54AM

B-D-P-- wrote:

I'm not suggesting I was right, but is it allowed to give a ticket in such circumstance, also should I have gotten said ticket or does that come in the post?

Yes and it comes in the post.

irelandrover · 01-06-2017 08:55AM

Why would it not be allowed?

B-D-P-- · 01-06-2017 08:57AM

I thought if you were out of uniform you at leist had to show some id to prove your a guard,
For all i was to know he was a mad man stopping random people.

Syphonax · 01-06-2017 08:58AM

He toked on your licence? bad copper

ELM327 · 01-06-2017 08:58AM

Well you should not have handed your license to a mad man!

Cazale · 01-06-2017 09:00AM

B-D-P-- wrote:

I thought if you were out of uniform you at leist had to show some id to prove your a guard, For all i was to know he was a mad man stopping random people.

You should always request to see their warrant card if they aren't in uniform. I wouldn't have handed my license over till I was sure they were a guard.

iwillhtfu · 01-06-2017 09:03AM

Delighted for you. I only wish there were more patrols like this.

Mobile phone use has become a scourge on our roads there's no excuse for it.

B-D-P-- · 01-06-2017 09:04AM

iwillhtfu wrote: »

Delighted for you. I only wish there were more patrols like this.

Mobile phone use has become a scourge on our roads there's no excuse for it.

Not debating that, thats not what I was asking

iwillhtfu · 01-06-2017 09:06AM

B-D-P-- wrote: »

Not debating that, thats not what I was asking

Generally they would show ID if they aren't in uniform this can easily be missed in the build up and introduction. Did he at least introduce himself as I'm Garda such and such?

B-D-P-- · 01-06-2017 09:09AM

iwillhtfu wrote: »

Generally they would show ID if they aren't in uniform this can easily be missed in the build up and introduction. Did he at least introduce himself as I'm Garda such and such?

He didn't, that's why I've the thread, If it was more standard, had his undercover lights on, said who he was ect, it'd be more believable, but none of that.
And then I don't want to poke and prod sounding cocky asking him for id.

But sure, I've got my answer, Yes it is allowed on his side so that's a question answered.

01-06-2017 09:10AM

iwillhtfu wrote:

Mobile phone use has become a scourge on our roads there's no excuse for it.

It really bother me to see guys in commerce vehicles holding a phone. They spend most of their day-to-day driving. I don't understand how they done have a hands free kit. Personally identifiable think every one should

iwillhtfu · 01-06-2017 09:18AM

Sleeper12 wrote: »

It really bother me to see guys in commerce vehicles holding a phone. They spend most of their day-to-day driving. I don't understand how they done have a hands free kit. Personally identifiable think every one should

Yes I agree every company vehicle should have a bluetooth kit installed by law. Unfortunately with the nature of phones these days basically being mobile laptops this would only prevent the infrequent calls. It will do nothing for the FB/Twitter/Instagram/email and every other bloody app which are basically what all the crotch watchers are using on their phones whilst driving.

liger · 01-06-2017 09:29AM

The best one is when people have their phone on speaker but are still holding it in their hand held in front of their face. As if that means, no its not against my ear, it can't be classed as being on the phone.

TimeToShine · 01-06-2017 09:31AM

Are you allowed use your phone if you have it in a holder on the dash?

iwillhtfu · 01-06-2017 09:34AM

TimeToShine wrote: »

Are you allowed use your phone if you have it in a holder on the dash?

You're not allowed touch it so basically that would be a no and as has already been covered you're not allowed put on a movie or youtube then head off on your journey.

I guess the exception is inputting a route on google maps or whatever app and following a pre input route.

Cape Clear · 01-06-2017 09:41AM

iwillhtfu wrote: »

You're not allowed touch it so basically that would be a no and as has already been covered you're not allowed put on a movie or youtube then head off on your journey.

I guess the exception is inputting a route on google maps or whatever app and following a pre input route.

A guy in work was done for this recently and took his medicine which would suggest that the use of a sat nav etc. to do the same thing is also outlawed.

GM228 · 01-06-2017 09:45AM

OP, legally the Gardaí are only required to produce ID if you request them to, they do not need to be in uniform or produce ID (unless asked), that is a myth.

(When in uniform they do not need to produce ID either)

B-D-P-- · 01-06-2017 10:35AM

GM228 wrote: »

OP, legally the Gardaí are only required to produce ID if you request them to, they do not need to be in uniform or produce ID (unless asked), that is a myth.

(When in uniform they do not need to produce ID either)

Thanks,
As far as I'm concerned we can lock this as its going to turn into the motorist version of bible bashing.

coylemj · 01-06-2017 10:36AM

GM228 wrote: »

OP, legally the Gardaí are only required to produce ID if you request them to, they do not need to be in uniform or produce ID (unless asked), that is a myth.

(When in uniform they do not need to produce ID either)

+1 S.111 RTA 1961 ....

111.—Where, in exercise of any power or the performance of any duty conferred or imposed by or under this Act, any member of the Garda Síochána makes in a public place a request, requirement or demand of, or gives an instruction to, any person, such person shall not be bound to comply with the request, requirement, demand or instruction unless the member either—

(a) is in uniform, or

(b) produces, if requested by such person, an official identification card or such other evidence of his identity as may be prescribed.

http://www.irishstatutebook.ie/eli/1961/act/24/section/111/enacted/en/html#sec111

Before anyone points out that there was no mobile phones in 1961, virtually all traffic regulations are made under powers granted by the 1961 act.

Stone Deaf 4evr · 01-06-2017 10:38AM

B-D-P-- wrote: »

So,,, on my travels to work, I was at standstill (almost) in traffic, Bored and not thinking I toke out my phone, next thing there was a man in a car pulled up beside me in buslane, asked me to pull in.

He got out, had not stitch of uniform and was in a unmarked silver hyundai, no blue lights on.

Took my licence, went back to his car and came back and said he had to give me a ticket, handed back my licence and went on his merry way...

I'm not suggesting I was right, but is it allowed to give a ticket in such circumstance, also should I have gotten said ticket or does that come in the post?

Think of it this way, if you were walking along the street, and someone came up and stole your bag, but was apprehended by a plain clothes garda, would you be making the same arguement?

B-D-P-- · 01-06-2017 10:43AM

Stone Deaf 4evr wrote: »

Think of it this way, if you were walking along the street, and someone came up and stole your bag, but was apprehended by a plain clothes garda, would you be making the same arguement?

I love Sean nos · 01-06-2017 10:45AM

Shouldn't have handed over the licence. That's been copied and will be used to open an offshore account for the college.

Maybe another burner for Noirín too.

Macy0161 · 01-06-2017 10:49AM

Cape Clear wrote: »

A guy in work was done for this recently and took his medicine which would suggest that the use of a sat nav etc. to do the same thing is also outlawed.

Inputting destinations (i.e. using the screen), or actually just using it as a sat nav so it's talking to you giving directions? The use as a sat nav was why the law was somewhat watered down from the tightening up that was proposed a couple of years ago, I thought.

Atlantic Dawn · 01-06-2017 10:49AM

3 penalty points and a e60 fine, 5 points if you go to court and a e90 fine, your insurance will likely rise by 10% or more, a good cure for de boredom.

http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Points%20Offences%2017%20April%202016.pdf

jimmycrackcorm · 01-06-2017 10:57AM

iwillhtfu wrote:

You're not allowed touch it so basically that would be a no and as has already been covered you're not allowed put on a movie or youtube then head off on your journey.

The offence is actually holding a phone, not touching it. Since 2014 it's also been a specific offence to send or read a text message.

I love Sean nos · 01-06-2017 10:58AM

Atlantic Dawn wrote: »

a good cure for de boredom.

I recommend storing a couple of **** mags under the seat along with some jam sandwiches.

Avatar MIA · 01-06-2017 11:05AM

jimmycrackcorm wrote: »

The offence is actually holding a phone, not touching it. Since 2014 it's also been a specific offence to send or read a text message.

That's my understanding

Following Sat Nav instructions are going to be part of the test in the UK. Most people would have their actual Sat Nav on phones, so I doubt if there's a law in Ireland that you cannot use a pre programmed phone giving Sat Nav instructions that's held independently of the driver.

Re the OP?

If he wasn't wearing his hat he can't arrest you. *

* so a man down the pub told me. Must be true.

brokenarms · 01-06-2017 11:53AM

iwillhtfu wrote: »

You're not allowed touch it so basically that would be a no and as has already been covered you're not allowed put on a movie or youtube then head off on your journey.

I guess the exception is inputting a route on google maps or whatever app and following a pre input route.

Spend my working day on the road in the city center. Never ever seen a taxi man get a ticket for using Halo or Xmytaxi.

Garda are a joke TBH. They simply could not be bothered most of the time.

endacl · 01-06-2017 11:59AM

B-D-P-- wrote: »

I thought if you were out of uniform you at leist had to show some id to prove your a guard,
For all i was to know he was a mad man stopping random people.

Out of uniform? So, he wasn't wearing his hat...?

You may get off this one on a technicality....

Avatar MIA · 01-06-2017 12:02PM

Avatar MIA wrote: »

Re the OP?

If he wasn't wearing his hat he can't arrest you. *

* so a man down the pub told me. Must be true.

*cough*

endacl wrote: »

Out of uniform? So, he wasn't wearing his hat...?

You may get off this one on a technicality....

Caught on phone, no uniform undercover car

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