Doubts over Garda video portal to tackle driving dangerous to cyclists

Doubts have been raised about the introduction of a new video portal that would allow cyclists to submit footage of alleged offences so motorists could be prosecuted.

The Department of Justice has said it faces significant legal and technical obstacles, five months into a review of the proposal.

While the outcome of the review will not be known until the final quarter of the year, Fine Gael TD Ciarán Cannon said he was concerned such a negative outlook was emerging.

In reply to Dáil questions by Mr Cannon about the status of the review, Minister for Justice Helen McEntee said the online Trafficwatch facility allowed for driver behaviour to be reported to gardaí, while reports could also be made to local Garda stations.

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She added the Department of Transport’s advice was that “any decision to allow film by members of the public to be used in evidence in road traffic cases would raise questions of reliability of, and possible tampering with, the apparatus used, as well as potential privacy” issues.

“It might also raise questions about why Garda apparatus was held to a standard not required of private individuals, if both were ultimately to be treated as reliable evidence,” Ms McEntee added.

Video portals have been in place for a number of years in the UK and have been used more frequently since the proliferation or small bike-mounted cameras that allow cyclists record traffic around them.

In the UK cyclists can submit their video footage of alleged traffic offences via a dedicated portal. The videos are received by the police, who are specially trained, and have been used to ground thousands of prosecutions for offences such as dangerous overtaking and mobile phone use while driving.

Last December the Government said it would explore the possible introduction of a video portal in the Republic. That review, by the Garda, is not due for completion until the end of this year.

Mr Cannon, who has campaigned for cycling-friendly legislation and facilities, said he “wasn’t encouraged” by Ms McEntee’s reply to his question. He noted the department was pointing to the “difficulties and the challenges, instead of the opportunities” that might arise if the new portal was introduced.

“The mood music was poor, to be frank,” he said. “It didn’t give me any great confidence that they were serious about it. It seemed to be a case of ‘look over here at all the other wonderful things we’re doing, don’t bother look at that’. It was very disappointing.”

He said the portal would be “hugely important” in making the roads safer for cyclists and would empower them to challenge dangerous driving. Mr Cannon said a portal’s use over time would help to educate drivers and increase awareness of how vigilant they need to be around cyclists and other vulnerable road users.

“I will be deeply disappointed if we get to the end of this year and they say they’ve looked at this idea and they’re not going ahead,” he said. “I would be gutted but I think they’ll be missing a major opportunity here.”

Mr Cannon said such video evidence had already been used in the Republic in a large number of cases since a new offence of dangerously overtaking a cyclist was introduced 2½ years ago. He saw no legal impediment to expanding and formalising the use of self-recorded videos for prosecutions.

However, cyclists who were presenting self-recorded video as proof of dangerous overtaking, for example, were encountering a very inconsistent attitude across the Garda force, Mr Cannon said. Some gardaí were very willing to take the videos and use them as evidence to impose fines and penalty points on drivers while other gardaí refused to use the videos in that way.