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FCN time limit

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  • 20-10-2018 4:08pm
    #1
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭


    From the date of an alleged motoring offence is there a specific time limit within which Gardaí must issue a FCN to the offending motorist ?

    If a FCN is ignored by the recipient there is an escalation in the fine and if that is ignored a summons issues. I understand the general 6 months rule for summonses i.e. Gardaí must apply for a summons within 6 months from date of alleged offence.

    However, in the matter of a FCN and a reminder that are both ignored by the recipient from when does the 6 months time period start ?

    BTW this is not a request for legal advice - just seeking to clarify the point to settle an argument ! I think that the 6 months period runs from the date of the alleged offence on the basis that the matter is a summary offence.


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    #2
    BaronVon
    Registered Users Posts: 1,646 ✭✭✭BaronVon


    110 days to issue the FCN from date of offence, to allow for the escalation, and time to apply for the summons.


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    #3
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    NUTLEY BOY wrote: »
    From the date of an alleged motoring offence is there a specific time limit within which Gardaí must issue a FCN to the offending motorist ?

    Strictly speaking there is no time limit for issuing an FCPN, but the reality is it must be done within 125 days to allow for the timeframe to issue a summons.


    NUTLEY BOY wrote: »
    If a FCN is ignored by the recipient there is an escalation in the fine and if that is ignored a summons issues. I understand the general 6 months rule for summonses i.e. Gardaí must apply for a summons within 6 months from date of alleged offence.

    However, in the matter of a FCN and a reminder that are both ignored by the recipient from when does the 6 months time period start ?

    6 months starts from day of the alleged offence even when the notice is ignored.


    infacteh wrote: »
    110 days to issue the FCN from date of offence, to allow for the escalation, and time to apply for the summons.

    125 days.


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    #4
    tart29016
    Registered Users Posts: 134 ✭✭tart29016


    GM228 wrote: »
    Strictly speaking there is no time limit for issuing an FCPN, but the reality is it must be done within 125 days to allow for the timeframe to issue a summons.





    6 months starts from day of the alleged offence even when the notice is ignored.





    125 days.

    Just for argument sake, if the alleged offence was in May 2017 and the FCN was issued in Aug 2017. The recipient ignored the fine and it is now Oct 18 the recipient still hasn't received any correspondence (i.e, court summons). Are we saying the Garda has exceeded the 6 month/125 days timeframe to issue a summon?

    Cheers


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    #5
    Under His Eye
    Closed Accounts Posts: 907 ✭✭✭Under His Eye


    The summons could well have been applied for and is sitting in a drawer waiting to be served at the leisure of the Gardaí.


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    #6
    ieBigorna
    Registered Users Posts: 2 ✭ieBigorna


    Is there any further information on time limits on the FCNs?

    It seems strange that the issue of the FCN itself doesn’t have a time limit on it.

    Thanks.


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    #7
    BaronVon
    Registered Users Posts: 1,646 ✭✭✭BaronVon


    ieBigorna wrote: »
    Is there any further information on time limits on the FCNs?

    It seems strange that the issue of the FCN itself doesn’t have a time limit on it.

    Thanks.

    It does, see above.

    For summary offences, a summons must be applied for by the prosecution within 6 months of the offence. The Guard has 110 days to issue an FCN, which allows 28 days to pay the FCN, 28 days to pay the reminder notice and increased fine, and then still leave them time to apply for the summons.


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    #8
    amf78
    Registered Users Posts: 60 ✭✭amf78


    Hello,

    I have heard various accounts on the matter: no time limit, 110 days, 125 days, etc.
    Is there a final answer on this?
    Does it make a difference if it's a garda speed camera or a van?
    Last but not least, if a FCN arrives after more than 125 days but less than 6 months, presumably it's still valid or?

    Cheers!


  • Options
    #9
    Lenar3556
    Registered Users Posts: 1,350 ✭✭✭Lenar3556


    amf78 wrote: »
    Hello,

    I have heard various accounts on the matter: no time limit, 110 days, 125 days, etc.
    Is there a final answer on this?
    Does it make a difference if it's a garda speed camera or a van?
    Last but not least, if a FCN arrives after more than 125 days but less than 6 months, presumably it's still valid or?

    Cheers!

    The Garda generally need to apply for a summons within 6 months of the offence.

    No difference for speed van vs Garda intercept

    The notice remains valid if issued more than 125 days after the offence, but the state may no longer have the ability to bring the matter to court should you decide not to pay, and consequently a solicitor may advise you to take a particular course in relation to appropriateness of paying the fixed charge.


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    #10
    amf78
    Registered Users Posts: 60 ✭✭amf78


    Thank you, that settles it for me :D


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    #11
    boc121
    Registered Users Posts: 497 ✭✭boc121


    How long from applying for summons until they have to serve it?


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    #12
    Witcher
    Registered Users Posts: 14,432 ✭✭✭✭Witcher


    boc121 wrote: »
    How long from applying for summons until they have to serve it?

    There's no limit.


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