The Garda today refuted newspaper claims that speeding drivers could escape penalty points and fines through a loophole in the legal system.
According to a report in today's Irish Independent, it was claimed that a person who fails to turn up in court after being caught speeding by the automated system and summoned cannot be convicted, unless they appear in court and plead guilty.
The report quoted a source who claimed that this was the case before the penalty points systems was introduced.
However, in a statement released by Garda Headquarters, the Garda said that a registered owner or driver who fails to turn up in court in answer to a summons relating to an automated speeding offence can be convicted in their absence.
Under the terms of Section 11 of the Road Traffic Act 2002, the legal onus is on the registered owner of a vehicle caught speeding to declare who was driving at the time of the offence. This Act, amended the 1961 Road Traffic Act, came into operation to coincide with the introduction of penalty points for speeding.
The Minister for Transport, Mr Brennan, speaking at the opening of the new M1 motorway in Drogheda today, said he was seeking legal advice on the issue from the Attorney General's office.
Section 11 of the Road Traffic Act (2002) creates two separate offences, one for speeding and one for failing to comply with the declaration as to who was driving at the time, an instance that arises under the automated system. Failure to comply can result in a fine of up to €800 and disqualification from driving.