Garda procedure with speeding fines

I was told recently that a garda has 10 days to put the incident onto the Fixed Penalty system. Dont know if it true or not. If thats so then you should receive a notice within 2 weeks.

daithip

Nog, I think its up to 30 days as I've often left stuff in my notebook before for weeks before issuing FCPS notice in case of a call looking for an L7

In Traffic we are advised to do it within the end of the month, leaving time for the L7 application. But we can issued the ticket once there is 56 days left on it. So in theory we can issue up to 4 months after offence before the statute of limitations kicks in:)
So the ticket could arrive any time really......if it arrives.

When a chap does not pay his fixed penalty, what is the procedure? Does the FCPS issue a summons or does the matter get referrred back to the issuing Garda?

cushtac

A summons is automatically issued.

ScubaDave

That automatically generated summons system has caused some legal nightmares around the country!

Whitewater-AGS

ScubaDave wrote: »

That automatically generated summons system has caused some legal nightmares around the country!

Ah yes I heard about this crazyness, I cant remenber it off the top of my head (have it wrote down somewhere in my court stuff) but theres a section somewhere that states the summons can be generated on our behalf.

Glenn Quagmire

Thanks for all the information lads. Guess I will have to keep an eye on the letterbox for the next few weeks.

Hi
I got a speeding ticket, I called the number on the top of the fine ( I think it was Tipperary) and got talking to this very nice woman and I asked her what excatly I needed to do ( I have not got one before) she told me to post a cheque to the address on the fine and go to my nearest station to produce my licence (as I did not have it on me on the day) . I did all that, got receipts etc... only to receive a summons today for a court apperance for not showing my insurance cert??? I am totally confused as to why I would need to show the cert as my disc was clearly displayed and the ban garda that fined me on the day checked all of that....
How can I sort this out without having to take a day off to go to court? I am really upset about this.
Please can anyone help me or if anyone has had a similar experience please can you let me know.
Thanks
M

An insurance disc means nothing to a Garda. It does not prove you are insured to drive.

Only your certificate proves that you are covered, hence the request to produce it within 10 days.

Thanks but when I called to verify what I needed to do in order to pay this fine, I was told to post the cheque and produce my licence ( which I did immediately). There was no mention of the insurance cert.

Daisy32 wrote: »

Hi
I got a speeding ticket, I called the number on the top of the fine ( I think it was Tipperary) and got talking to this very nice woman and I asked her what excatly I needed to do ( I have not got one before) she told me to post a cheque to the address on the fine and go to my nearest station to produce my licence (as I did not have it on me on the day) . I did all that, got receipts etc... only to receive a summons today for a court apperance for not showing my insurance cert??? I am totally confused as to why I would need to show the cert as my disc was clearly displayed and the ban garda that fined me on the day checked all of that....
How can I sort this out without having to take a day off to go to court? I am really upset about this.
Please can anyone help me or if anyone has had a similar experience please can you let me know.
Thanks
M

This is a common problem where people dont seem to hear the demand to produce the insurance cert. TBH you should be asked at the roadside when stopped if you know what your insurance certificate is as many people dont.

The insurance disc on your windscreen only tells us your car is insured but who is insured to drive your car, only the certificate will tell us that and thats why we make the demand under law for you to produce it within 10 days at any station of your choice.

As for your court date all you need to bring with you is your insurance certificate which covered you to drive on the day you were stopped. If I were you I would go look for that cert now because if you cant find it or are on a new policy and you threw out the old cert, it can take some time to get a new cert from your insurance company.

I hope this helps

Just to clarify all it states on the fine was "relevant" documentation hence the reason I called for clarification. Do you not think the easier option for me would be to produce the cert had I known I had to.... instead of getting a summons.
In fact I actually asked about the insurance on the phone and was told no, that proof of insurance was not necessary.

Daisy32 wrote: »

Thanks but when I called to verify what I needed to do in order to pay this fine, I was told to post the cheque and produce my licence ( which I did immediately). There was no mention of the insurance cert.

you should have been told at the roadside to produce your insurance certificate, not on the phone

Daisy32 wrote: »

Just to clarify all it states on the fine was "relevant" documentation hence the reason I called for clarification. Do you not think the easier option for me would be to produce the cert had I known I had to.... instead of getting a summons.
In fact I actually asked about the insurance on the phone and was told no, that proof of insurance was not necessary.

Dont confuse what was said to you when you were stopped to what your were told on the phone.

The person you were talking to on the phone was a civilian and she only outlined what you need to do pay the fine only

quietsailor

TheNog wrote: »

The person you were talking to on the phone was a civilian and she only outlined what you need to do pay the fine only

I know the Gardai know that the person at the other end of the phone line in Tipperary isn't a Garda but the normal person ringing doesn't. When a person rings a Garda station/Barracks/Office we expect to be talking to a Garda and assume that unless told otherwise. So the OP would then have had the thought
"Right the Garda told me what to do i order to get this over and done with, i need to get this and this done in x/y/z weeks/days"

We're not going to analyse the situation and think, "Well if it was a superintendent they know everything so i'll do exactly what they say, if it was a regular Garda and not a Traffic Corp they mightn't know exactly so i'd better check and if it was a civilian clerk I'll definetely check as they won't know what they are talking about" - Would you assume that???

From the (amittedly small number of) friends I have who are Gardai I get the impression Gardai would prefer to be out and about doing their regular work rather than making court appearances or have to re-follow up paperwork. Why don't the Traffic Corp - or any Garda asking for an Insurance Cert - make the point clear that it's the Cert that is required, not the disc?

And yes I know people should know this along with a thousand other things but we forget, if this issue annoys Gardai so much nip it in the bud - make sure at the roadside that people know it's the Cert is required.

quietsailor wrote: »

I know the Gardai know that the person at the other end of the phone line in Tipperary isn't a Garda but the normal person ringing doesn't. When a person rings a Garda station/Barracks/Office we expect to be talking to a Garda and assume that unless told otherwise. So the OP would then have had the thought
"Right the Garda told me what to do i order to get this over and done with, i need to get this and this done in x/y/z weeks/days"

We're not going to analyse the situation and think, "Well if it was a superintendent they know everything so i'll do exactly what they say, if it was a regular Garda and not a Traffic Corp they mightn't know exactly so i'd better check and if it was a civilian clerk I'll definetely check as they won't know what they are talking about" - Would you assume that???

From the (amittedly small number of) friends I have who are Gardai I get the impression Gardai would prefer to be out and about doing their regular work rather than making court appearances or have to re-follow up paperwork. Why don't the Traffic Corp - or any Garda asking for an Insurance Cert - make the point clear that it's the Cert that is required, not the disc?

And yes I know people should know this along with a thousand other things but we forget, if this issue annoys Gardai so much nip it in the bud - make sure at the roadside that people know it's the Cert is required.

In Traffic our roadside lawful demand includes an explaination as to what it is. (but some people take offense at the member saying ''now your cert is the A4 sheet that the disc came off of''.....im not stupid garda!!!'')

I would have expected this to be policy with every member. Its what I was thought in t/more so i can assume that most members were thought it.

Must point out though...as you rightly said....that people should know what there cert is aposed to the disc and there is nothing forcing a member explaining it to a person.

Daisy32 wrote: »

Just to clarify all it states on the fine was "relevant" documentation hence the reason I called for clarification. Do you not think the easier option for me would be to produce the cert had I known I had to.... instead of getting a summons.
In fact I actually asked about the insurance on the phone and was told no, that proof of insurance was not necessary.

Daisy, a lawful demand would have been made at the road side for you to ''produce you certificate of insurance or exemption at a station of your choice within ten days''. You would then have nominated a station to produce at.
You phoned about an fcps (fixed penalty notice) and you got the correct answer to that. Insurance production has nothing to do with them. (Its like going to get a tv licence in the post office and trying to get them to give you a driving licence). Proof of insurance is not need for payment of an fcps.

I assume that you got two summons, non production and no insurance. If you produce insurance in court it will be struck out. The chances are you will be convicted on non production (fine or probation act). Hope this helps

No I only got 1 summons which was for non production...... I am insured so surely I can't get another summons???

Daisy32 wrote: »

No I only got 1 summons which was for non production...... I am insured so surely I can't get another summons???

You wont get another summons because summons for one person on one incident will come together.

Having said that if a person does not produce their insurance certificate then we automatically summons that person for "No Insurance". It is then up to the person to prove they were insured by bringing the cert to court for the garda to inspect. The no inusrance summons is then struck out.

If you are convicted for "failing to produce insurance cert" it is usually a small fine but no penalty points or disqualification. Again that is only if you are convicted as you can still put your own case forward to the judge and he/she may side with you.

sam34

nice guy always wrote: »

In Traffic our roadside lawful demand includes an explaination as to what it is. (but some people take offense at the member saying ''now your cert is the A4 sheet that the disc came off of''.....im not stupid garda!!!'')

I would have expected this to be policy with every member. Its what I was thought in t/more so i can assume that most members were thought it.

Must point out though...as you rightly said....that people should know what there cert is aposed to the disc and there is nothing forcing a member explaining it to a person.

FWIW, the one time i was ever stopped for a driving offence, i was told to produce the insurance cert etc and the garda must have said four or five times "its the cert you need to bring, not the disc".

i can imagine though how someone who had been pulled and who was nervous and after getting a boll***ing at the roadside may well mishear/forget.

swiftandbold

I was caught speeding last night admit yes I was but Garda did not give me a ticket said he did not have any did not say what station he was from or caution me for the offence all he said was that I would be getting a summons from them in due course I was polite and never agrue the point did not admit that I was speeding Is this legal as I was given no information at the side of the road

swiftandbold wrote: »

I was caught speeding last night admit yes I was but Garda did not give me a ticket said he did not have any did not say what station he was from or caution me for the offence all he said was that I would be getting a summons from them in due course I was polite and never agrue the point did not admit that I was speeding Is this legal as I was given no information at the side of the road

Yep im afraid so. Hes informed you of the offence, speeding. Im sure he didnt say a summons, its an FCPS notice.

We stopped giving tickets at the side of the road about 3 and a half years ago. Now the ticket is sent out in the post. The Garda does not have to tell you his station or caution you for the offence, an informal caution only delievered when your not getting a ticket. Not both. Were not paid to rant but to enforce the law.

Hope this helps

swiftandbold wrote: »

I was caught speeding last night admit yes I was but Garda did not give me a ticket said he did not have any did not say what station he was from or caution me for the offence all he said was that I would be getting a summons from them in due course I was polite and never agrue the point did not admit that I was speeding Is this legal as I was given no information at the side of the road

You will get a notice in the post as NGA says, it will outline the offence of speeding, its €80 and 2 penalty points if you choose to accept the offence, with 28 days to pay. If you dont pay within the 28 days you are given an additional 28 days but the fine goes up to €120, the points stay the same.

If you choose not to accept the offence then dont pay the fine and wait for a summons to arrive and you will be summonsed to court where the fine and points can be higher.

Well practiced speech there that just rolls off my tongue for every speeder I stop.

nice guy always wrote: »

Yep im afraid so. Hes informed you of the offence, speeding. Im sure he didnt say a summons, its an FCPS notice.

We stopped giving tickets at the side of the road about 3 and a half years ago. Now the ticket is sent out in the post. The Garda does not have to tell you his station or caution you for the offence, an informal caution only delievered when your not getting a ticket. Not both. Were not paid to rant but to enforce the law.

Hope this helps

Short and to the point, I like it

Surely a Garda must give his name and station if he is asked for that information?

Bond-007 wrote: »

Surely a Garda must give his name and station if he is asked for that information?

District number, which are the shoulder numbers Gardaí wear. The OP didnt say he asked, if he did im sure the Garda would have given him what ever he wanted!!!
Anytime im asked I give name and Unit (Traffic not station) and im sure anyother member would be the same. The old code stated we must give our name but that was before country stations got shoulder numbers a couple of years ago.

Fair enough. Sometimes the shoulder numbers are not visible.

Bond-007 wrote: »

Fair enough. Sometimes the shoulder numbers are not visible.

In fairness they should always be. I would never leave the station without them showing and think it looks very unprofessional to see members without them

But sometimes public cant see them....or dont want to. Like the G20 were the Sergeant used force, lots of videos on it. They said he was covering his shoulder number with grey fabric but in acually fact public order officers dont wear them on shoulder but on helmet. The grey denoted him as P.O. Sgt

Bond-007 wrote: »

Fair enough. Sometimes the shoulder numbers are not visible.

If the numbers are not visible, they should be unless of course if the member is looking directly at you and he is standing and you are sitting down.

There is no problem with anyone asking a Garda for his shoulder number.