Róisín Shortall (Dublin North West, Labour)
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Question 379: To ask the Minister for Transport the penalties applied in respect of HGVs over 12,000kg or buses over 10,000kg which are found to have a speed limitation device that is not functioning properly; the penalties applied when it is discovered that a cut off switch for the speed limiter may be operated by the driver; and if he will make a statement on the matter. [3586/04]

Jim McDaid (Donegal North East, Fianna Fail)
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The fitting and use of speed limitation devices on goods vehicles over 12,000kg and buses over 10,000kg is governed by the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993. Under these regulations such vehicles shall, at all times when used in a public place, be equipped with a speed limitation device the set speed of which does not exceed 85 kilometres per hour in the case of a goods vehicle and 100 kilometres per hour in the case of a bus.

The use of a vehicle that is subject to these regulations in a public place where the fitted speed limitation device was not operating or was not functioning correctly would be offences under the Road Traffic Acts. The penalties for a breach of the regulations involve a fine not exceeding €800 in the case of a first offence, a fine not exceeding €1,500 in the case of a second or subsequent offence and a fine of €1,500 or a term of imprisonment not exceeding three months in the case of a third or subsequent offence in a period of 12 consecutive months. In addition, the Road Traffic Act 2002 provides that certain offences relating to speed limitation devices will attract between one and three penalty points.