# Possible Speeding Ticket...... Help!



## Mini3277 (26 Apr 2009)

Ok so I was just coming out the N3 and think I may have been caught for speeding. I think I was probably doing about 66-67 mile per hour in a 100KM zone. Apologies for the different metric and imperial measurements!

I've a few questions about the situation....

1. 

What is the percentage allowance that are you allowed, is it a 5% or 10% allowance? 

2. 

How are you caught? By this I mean do you have to be pulled over there and then or do you just receive the fine in the post? The Garda seemed to be using a handheld speed gun that he was holding on the door of the car. There was another Garda standing at the other side of the car but she look generally disinterested and didn't seem to be paying much attention. 

3. 

I've read a lot about cases being struck out were the fine isn't actually received by post. I tend to have awful problems with my post, so I'd like to know the implications of this. Personally I think I'd prefer to take the points instead of having to endure a courting hearing. Is there any way I could enquire about the fine if I haven't received any notification in say 4-6 weeks?

4.

Is there any way I can check the number of points on my licence? How long do the points stay on your licence?


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## chrisboy (26 Apr 2009)

If the guard didnt pull you in then you wont be getting done.. 66 mph in a 100kph wont be prosecuted..


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## Smashbox (26 Apr 2009)

With a hand held gun, I believe they need to stop you. You were lucky this time by the sounds of it, but maybe a lesson learned?


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## Mini3277 (26 Apr 2009)

A lesson definately learned!

So with a hand held gun you have to be pulled over? Is only the fixed (GATSO) type camera that can take pictures and be posted out to the individual? 

Thank God!


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## sam h (26 Apr 2009)

I'm not sure if there is an allowance % (& if there is it would definately not be as high as 10%).  I got pulled in & given a grilling.  I was pretty sure I hadn't been speeding, but always reckon in those situations a "yes sir, no sir" approach works better than "what are you on about" attitude.  He eventually showed me that I had been doing 62km in a 60km zone & said it was my lucky day, he could but he wouldn't take it any further.  
(before anyone points it out, yes, I'm aware that even 2kpm over is 3% over the speed limit.)


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## Smashbox (26 Apr 2009)

Mini3277 said:


> So with a hand held gun you have to be pulled over? Is only the fixed (GATSO) type camera that can take pictures and be posted out to the individual?


 
Thats my understanding of it. The 'guns' only record speed. The vans or stationary cameras capute the info as well as speed.


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## Mini3277 (26 Apr 2009)

I guess I'll just have to wait and see what happens. God it'd be awful to get caught just over the speed limit, at least if you were doing 140kmph you'd get a decent go out of the two points!  Joking of course. 

Thanks for the help.


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## chrisboy (26 Apr 2009)

The gatso record the info and you're then issued throught the post with your speeding ticket. The reason there is two guards Witht the speed camera is one catches you speeding and the other issues the ticket. You haven't been done for speeding because they didnt pull you in and issue you a ticket. Stop fretting...


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## kilty (26 Apr 2009)

If it was a camera he was using and not a radar gun, you have been caught and you'll get the notification in the post along with a picture showing your numberplate.
I don't think you will have been done for just a couple of miles over the limit though.


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## chrisboy (26 Apr 2009)

kilty said:


> If it was a camera he was using and not a radar gun, you have been caught and you'll get the notification in the post along with a picture showing your numberplate.
> I don't think you will have been done for just a couple of miles over the limit though.




It is possible to get a "non-intercept" ticket alright but these have generally been done away with for speeding, so are very rare, plus the fact that there was 2 guards there would lead me to believe that they were issuing tickets on the spot.. And doing 66mph in a 100kph, is barely over the limit,,


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## mik_da_man (27 Apr 2009)

Plus if your speedo read 66/67 Mph chances are that you were actually only doing 59/60 Mph which is under the limit.
This is due to the fact that *most* speedo's read slightly faster than you are actually travelling.


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## sam h (27 Apr 2009)

> at least if you were doing 140kmph you'd get a decent go out of the two points!  Joking of course.


 
I know you'r only kidding, but it is crazy that someone doing 10% over gets the same penaly as someone who is 40% overe


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## PyritePete (4 Dec 2009)

Mini3277 said:


> I guess I'll just have to wait and see what happens. God it'd be awful to get caught just over the speed limit, at least if you were doing 140kmph you'd get a decent go out of the two points!  Joking of course.
> 
> Thanks for the help.


 
Gatso on N4 this morning. I wasn't too far off 120kph in 80 zone...yeah I know I was stupid and will get the notification in the post. 

What the worst that could happen to me ?

I will completely accept the matter, I have to - I was that stupid.


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## packard (4 Dec 2009)

Just a gun then your okay. Van on the road, then your done.


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## PyritePete (4 Dec 2009)

van on the road, just beyond new underpass at Newcastle junction. Court appearance likely ??


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## Leo (4 Dec 2009)

PyritePete said:


> van on the road, just beyond new underpass at Newcastle junction. Court appearance likely ??


 
No, letter in the post with €80 fine and 2 points is the most likely outcome. A poster on a previous thread said these vans can only cover a single lane. 
Leo


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## PyritePete (4 Dec 2009)

thanks Leo, I was behind another car also speeding. I am not holding out much hope...


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## Leo (4 Dec 2009)

No prob. One other thing to note, so you don't get your hopes up too soon... It can take a couple of months before the letter arrives!


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## PyritePete (4 Dec 2009)

Leo said:


> No prob. One other thing to note, so you don't get your hopes up too soon... It can take a couple of months before the letter arrives!


 
Ideally not before Xmas or New Year


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## pjmn (5 Dec 2009)

Is this becoming a bit of a a habit?

http://www.askaboutmoney.com/showthread.php?t=125986


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## PyritePete (6 Jan 2010)

PyritePete said:


> Ideally not before Xmas or New Year


 
notice arrived this morning..damn ! The Gardai are getting better


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## JoeB (6 Jan 2010)

You are supposed to get a receipt showing the speed.. or at least that used to be the case. However the guns that the Garda use don't issue receipts.

You'd have to check the legislation itself on statute.ie, but if no receipt I believe you can go to court and have it thrown out. You can request a paper copy of the receipt before you go to court, if it is not supplied then you're onto a winner as far as I can tell...


edited to add... please quote the Act and Section number you're summonesed under.. I would like to check the Act itself to see if a receipt is still required.


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## PyritePete (6 Jan 2010)

thanks Joe I received a Fixed Charge Offence under Section 47( as inserted by Section 11 Road Traffic Act 2004) of the Road Traffic Act 1961.....this is the usual one they send out.


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## JoeB (6 Jan 2010)

I can't find any reference to a receipt... maybe it was changed.

It seems you have to be notified within 14 days, as per the following...
Quote from Road Traffic Act, 1961, Section 104


104.—Where a person is charged with an offence, under section 47, 52 or 53 of this Act, he shall not be convicted of the offence unless either—
[GA] 		

( a ) he was warned at the time at which the offence is alleged to have been committed, or within twenty-four hours there, after, that the question of prosecuting him for an offence under some one of those sections would be considered, or
[GA] 		

( b ) within fourteen days after the commission of the offence a summons for the offence was served on him, or
[GA] 		

( c ) within those fourteen days a notice in writing stating the time and place at which the offence is alleged to have been committed and stating briefly the act or acts alleged to constitute the offence and stating the intention to prosecute him therefor was served personally or by registered post on him or (in the case of a mechanically propelled vehicle) on the registered owner of the vehicle in relation to which the offence is alleged to have been committed:

End Quote


There's some threads on here and on Boards.ie about the receipt requirement.. can't find them right now.



edited to add:
PyritePete.. it seems you speeded around the start of December, yet you only received a letter today or yesterday.. was that within the 14 days as above? Were you spoken to at the time by the Garda?


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## PyritePete (6 Jan 2010)

JoeBallantin said:


> I can't find any reference to a receipt... maybe it was changed.
> 
> It seems you have to be notified within 14 days, as per the following...
> Quote from Road Traffic Act, 1961, Section 104
> ...


 

Thanks again Joe, 4th December was the date so no not within 14 days & it was a Gatso van - no Garda spoke to me.


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## honeysuckle (6 Jan 2010)

The 14 days thing does not apply to Fixed Charge Notices.  They issue from the office in Thurles and obviously with Christmas, etc. there would not be time to process and issue them within 14 days.   In fact some people received them weeks after the actual detection.   The only date that really matters is the date on the notice you received which gives the time frames for payment.


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## PyritePete (6 Jan 2010)

honeysuckle said:


> The 14 days thing does not apply to Fixed Charge Notices. They issue from the office in Thurles and obviously with Christmas, etc. there would not be time to process and issue them within 14 days. In fact some people received them weeks after the actual detection. The only date that really matters is the date on the notice you received which gives the time frames for payment.


 
thanks for this, time to pull in some favours then


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