Judge to rule on legality of speed limit on N11

A district court judge has said he will give his decision next Friday on the legality of a controversial speed limit on the N11 in Co Wicklow.

Judge Murrough Connellan has already struck out 86 cases taken against motorists for allegedly breaking a 60km/h speed limit at Kilmacanogue. Some 100 more cases are now before the court, while a number of other motorists are seeking refunds of fines and the removal of the points from their driving licences.

At yesterday's sitting of Bray District Court, Judge Connellan said he was studying submissions made by Wicklow County Council and Bray solicitor Brian McLoughlin and would give his decision next Friday.

Earlier this year Mr McLoughlin argued that council certification on the speed limit left a doubt as to its validity. Judge Connellan was told the limit might not have been adopted by Wicklow County Council between April 2004 and November 2005.

After the 86 cases were struck out, an unknown number of motorists who had previously accepted fines and penalty points wrote to the Garda and the Courts Service seeking to have their fines and points overturned. However the Courts Service said it had no jurisdiction as these cases never came before the courts.

A letter from the Garda, seen by The Irish Times, advises motorists that the Garda was assured by the county council that despite the doubts, the limit was correctly applied at all times. On that basis the Garda says it will not lift the points or make refunds.

However at a recent sitting of the court, Wicklow County Council's spokesman Tom Murphy produced a certified copy of extracts of the minutes of the council meeting of October 4th, 2004, in which it was recorded that the elected members had approved a resolution "to restore the national speed limit at the Glen o' the Downs as per report circulated by the director of services".

Mr McLoughlin said he did not have that document, but a similar one which was dated April 19th, 2004. Mr Murphy was unable to explain how this had occurred.

The council submitted maps and documents to the judge.