Transport minister fury over speeding
loophole
 Irish
Transport Minister Martin Cullen has criticised motorists for using a
newly-discovered loophole in the law to get off speeding offences.
His comments came as Justice Minister Michael McDowell moved to close
down the loophole which has allowed motorists to escape charges.
Mr Cullen said the motorists should not be allowed to escape on a technicality
if they were speeding.
His words followed reports that 17 motorists summonsed on road traffic
offences — mainly speeding — had had their cases dismissed
because the prosecuting garda could not produce a paper copy of the offence.
Speeding offences detected with speed guns are not logged on paper.
Instead the speed gun is connected to a computer in the garda station
and the details are fed directly onto it and then passed on to the central
fixed penalty office in Dublin for processing.
The fixed penalty office sends a notice to the motorist of their offence
with details of how to pay the fine but the garda does not receive a copy.
But Judge Terence Finn told Dungarvan District Court that the law stated
a copy of the offence should be available for inspection and he struck
out the cases as a result.
It is thought that many more motorists due before district courts around
the country will try to have their cases struck out on the same basis
in the coming days and weeks.
Mr McDowell said the problem would not require a change in the law to
remedy. He told the Dáil it was primarily an administrative matter
that could be addressed by a quick change in procedure.
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