Oireachtas Joint and Select Committees
Wednesday, 16 April 2014
Joint Oireachtas Committee on Transport and Communications
Road Traffic Offences: An Garda Síochána
9:50 am
Mr. Cornelius O'Donohue:
In response to the last point on speed data, we have shared the data with the National Roads Authority, which is the conduit for us to the local authorities.
On the Deputy’s first point on summonses, effectively what he is talking about is the serving of the fixed charge notice – the ticket. We serve them by ordinary post. It is covered in legislation – in the Interpretation Act – that we can serve a document by ordinary post. People do on occasion go to court and give the defence that they did not get the notice. They are entitled to give that defence and it is up to the court as to whether it accepts it.
There is a change in the 2010 Road Traffic Act which will affect how we serve our fixed charge notice and in terms of the evidence. To go back to the first question asked by Deputy Dooley about changes in legislation, there is a change that will allow us to serve notice. Proof of service will be provided by way of certificate of postage to a particular address or delivery to a particular address. It would also remove the defence for somebody to day they did not get the notice in defending their case in the court because as part of the summons under the new process they would be given another opportunity to pay the fixed charge. If one is sent a fixed charge notice and one did not get it for whatever reason, when one gets a summons one will get an option to pay. We refer to it as a third payment option on the basis that one has two options to pay before that; a payment of €80, an increased amount after 28 days and then a third payment option at some stage. Those changes are part of the 2010 Act.
There is an ongoing project with the other stakeholders in the Department of Justice and Equality, the Department of Transport, Tourism and Sport and the Courts Service to try to implement that section of the 2010 Act. The introduction of those provisions will see a change in terms of how we prosecute cases and how cases are defended.