Possible Speeding Ticket...... Help!

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.
 
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.
 
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?
 
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


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?
Click to expand...


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

thanks for this, time to pull in some favours then ;)
 
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