Speed limits across State called into question

Speed limits across the State have been called into question after a District Court judge threw out another 152 prosecutions for speeding yesterday.

Last February Judge Murrough Connellan threw out an initial 86 prosecutions for speeding after doubts were raised about the legality of a special speed limit of 60km/h imposed on the N11 dual carriageway as it passes through Kilmacanogue, Co Wicklow.

Yesterday's decision, which brings to 238 the number of similar cases thrown out, came after Judge Connellan had spent a number of weeks studying submissions from Wicklow County Council, the Garda and defence solicitor Brian McLoughlin.

Mr McLoughlin had argued there was a doubt about the legality of the limit between April 2004 to November 2005, citing apparent conflicts in certification supplied by the council. The county council has insisted the limits were correctly applied, nor did Judge Connellan find the limit was incorrectly applied, and he adjourned an additional four cases until September. But Fine Gael's spokeswoman on Transport Olivia Mitchell said there were implications for speed limits across the State.

She added that "some 29 of the 34 Irish local authorities are operating illegal speed limits which are almost certain to be challenged" as a result of yesterday's decision.

Commenting that the ruling came "hot on the heels of Judge Con O'Leary's decision to throw out a number of drink-driving cases", Ms Mitchell said it "seems that court cases involving road traffic offences are falling like ninepins".

"This latest fiasco involving road traffic legislation could so easily have been avoided. When the State switched over to metric speed limits, every local authority should have ratified so-called 'special' speed limits, like the one on the N11. Ludicrously, the Department of Transport had assured local authorities everywhere that there was no need to do so. That is why Wicklow County Council waited a year and a half to ratify this 60km/h speed limit on the N11, which meant it was operating an illegal speed limit for that whole period. This is why 238 speeding cases were successfully challenged and thrown out of court.

"Fine Gael has now learned that 29 of the 34 local authorities have not ratified these special speed limits and could be subject to further legal challenges."

Labour Transport spokeswoman Roisin Shortall said yesterday's decision, "coming on top of a decision of a District Court in Cork to dismiss a series of drunk-driving charges because of delays in bringing proceedings to finalisation, must be a matter of great concern.

"The two sets of decisions point to the fragility of much of our road safety legislation and unfortunately again convey the message to offenders that if you have a good solicitor you can often get off."

A Garda spokesman said the issue of refunding penalty points and fines to motorists who had not opted to fight the charges in court had still to be resolved.