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Who is authorised to stop motorists?

  • 16-10-2013 10:20pm
    #1
    kub
    Registered Users Posts: 6,528 ✭✭✭


    I always thought that AGS were the only agency who had the authority to stop vehicle's. Can Customs & Excise / Revenue also stop a vehicle?


Comments

  • #2
    exaisle
    Registered Users Posts: 2,673 ✭✭✭exaisle


    Yes.

    As can a person herding animals.....and a lollipop man/woman...


  • #3
    kub
    Registered Users Posts: 6,528 ✭✭✭kub


    exaisle wrote: »
    Yes.

    As can a person herding animals.....and a lollipop man/woman...

    Of course I forgot my school days, so if Customs went and flagged someone down are they allowed to chase after them?


  • #4
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    Anytime I've seen customs out dipping, or social welfare doing checks, they're usually accompanied by the Gardaí. There's a spot on my way to work where they do big multiunion checkpoints from time to time. The gardaí usually check tax/insurance/NCT and pull people in, then customs/social welfare talk to them once they're stopped. I don't see customs chasing after people - I suspect they'd just take the car reg.


  • #5
    chocksaway
    Registered Users Posts: 608 ✭✭✭chocksaway


    kub wrote: »
    Of course I forgot my school days, so if Customs went and flagged someone down are they allowed to chase after them?

    I would put it on the same boat as customs stopping you in the airport.. Don't stop and you're in for a world of hurt


  • #6
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    Finance Act 2001.


    134.—(1) An officer in uniform may stop any vehicle in order—


    (a) that such officer, or any officer accompanying such officer, may exercise any power conferred on them by section 135 in relation to excisable products or any other products chargeable with a duty of excise, where there are reasonable grounds to believe that such products are being transported in or on such vehicle, or


    (b) to examine and take samples of mineral oil under section 135 (2)(a).


    (2) An officer in uniform or a member of the Garda Síochána may stop any vehicle for any purpose related to vehicle registration tax or the registration of vehicles in any of the registers established and maintained under Chapter IV of Part II of the Finance Act, 1992 .


    (3) Any person in charge of a moving vehicle shall, at the request of an officer in uniform or a member of the Garda Síochána, stop such vehicle.


    (4) Any person in charge of a vehicle shall, whether such vehicle has been stopped by an officer or member of the Garda Síochána under this section, or is already stationary, at the request of an officer or member of the Garda Síochána—


    (a) keep such vehicle stationary for such period as is reasonably required to enable an officer or member to exercise any power conferred on such officer or member by section 135 , or


    (b) where such vehicle is in the opinion of such officer or member situated in a place unsuitable for the exercise of any power conferred on such officer or member by section 135 , take such vehicle or cause it to be taken to such place as such officer or member may consider suitable for the exercise of such power.

    135, 140 and 141 of the same act also apply.


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  • #7
    Capri
    Registered Users Posts: 4,499 ✭✭✭Capri


    goldie fish wrote: »
    Finance Act 2001.


    134.—(1) An officer in uniform may stop any vehicle in order—


    (a) that such officer, or any officer accompanying such officer, may exercise any power conferred on them by section 135 in relation to excisable products or any other products chargeable with a duty of excise, where there are reasonable grounds to believe that such products are being transported in or on such vehicle, or


    (b) to examine and take samples of mineral oil under section 135 (2)(a).


    (2) An officer in uniform or a member of the Garda Síochána may stop any vehicle for any purpose related to vehicle registration tax or the registration of vehicles in any of the registers established and maintained under Chapter IV of Part II of the Finance Act, 1992 .


    (3) Any person in charge of a moving vehicle shall, at the request of an officer in uniform or a member of the Garda Síochána, stop such vehicle.


    (4) Any person in charge of a vehicle shall, whether such vehicle has been stopped by an officer or member of the Garda Síochána under this section, or is already stationary, at the request of an officer or member of the Garda Síochána—


    (a) keep such vehicle stationary for such period as is reasonably required to enable an officer or member to exercise any power conferred on such officer or member by section 135 , or


    (b) where such vehicle is in the opinion of such officer or member situated in a place unsuitable for the exercise of any power conferred on such officer or member by section 135 , take such vehicle or cause it to be taken to such place as such officer or member may consider suitable for the exercise of such power.

    135, 140 and 141 of the same act also apply.

    Can you imagine the amount of paper they'd save if the used PLAIN ENGLISH :P


  • #8
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    Capri wrote: »
    Can you imagine the amount of paper they'd save if the used PLAIN ENGLISH :P

    Plain English is full of legal loopholes.


  • #9
    Capri
    Registered Users Posts: 4,499 ✭✭✭Capri


    goldie fish wrote: »
    Plain English is full of legal loopholes.

    I know that :P , just wondering if the French / German /Italian legal systems have the same problems with their laws and interpretation of same :confused:


  • #10
    discus
    Closed Accounts Posts: 3,049 ✭✭✭discus


    Thankfully there are people who take a few years of their life to study the art of interpretting law from various angles, so we don't have to. In Ireland these are Gardai, Barristers, Solicitors and other legals professionals.


  • #11
    McCongo
    Banned (with Prison Access) Posts: 50 ✭✭McCongo


    discus wrote: »
    Thankfully there are people who take a few years of their life to study the art of interpretting law from various angles, so we don't have to. In Ireland these are Gardai, Barristers, Solicitors and other legals professionals.

    Gardai are legal professionals? Spend years studying the art of interpreting the law? When did this start?


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  • #12
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    McCongo wrote: »
    Gardai are legal professionals? Spend years studying the art of interpreting the law? When did this start?

    Some gardai have been doing it. Not all.


  • #13
    adam88
    Registered Users Posts: 1,599 ✭✭✭adam88


    exaisle wrote: »
    Yes.

    As can a person herding animals.....and a lollipop man/woman...

    You must have recently done the driving course with a large state agency. Every class I say has that question asked


  • #14
    eoinkildare
    Registered Users Posts: 294 ✭✭eoinkildare


    Can the GSOC stop vehicles????
    I'd love to take a chase from them


  • #15
    Technoprisoner
    Registered Users Posts: 1,309 ✭✭✭Technoprisoner


    i think only certain members of revenue can stop a motorist. i could be wrong but remember reading somewhere that it states on their i.d if they are allowed to stop and search a vehicle


  • #16
    randy hickey
    Registered Users Posts: 1,935 ✭✭✭randy hickey


    Did one of the first Signing Lighting And Guarding courses for setting up proper Traffic Management at roadworks a few years ago.
    We were told the only entities that could legally stop traffic on a public road were:

    1. Members of AGS.
    2. School Crossing Wardens (Lollipop Person)
    3. Farmers moving animals.
    4. Traffic Management.


  • #17
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    You were told wrong.


  • #18
    goldie fish
    Closed Accounts Posts: 3,195 ✭✭✭goldie fish


    Technoprisoner wrote: »
    i think only certain members of revenue can stop a motorist. i could be wrong but remember reading somewhere that it states on their i.d if they are allowed to stop and search a vehicle

    Wrong. See post 6.


  • #19
    time lord
    Registered Users Posts: 606 ✭✭✭time lord


    Authorised persons of local authorities enforcing the Waste Management Act 1996 can halt vehicles. (Not done in practice without the practical help of the Gardaí but still the staff are legally allowed stop vehicles and seize them too I think)


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