Is there any leeway for speeding?

A

ArthurMcB

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A friend of mine got a FPN. Was doing 89kms in a 80km zone.

Is there any leeway with been over the limit by just a bit. I recall hearing that 10% over might be acceptable. Obviously this is more than 10% but is the 10% thing even a thing?!

He will pay the fine but wondering if theres any grounds at all to appeal it given that he was just over.

Thanks.
 
ArthurMcB said:
He will pay the fine but wondering if theres any grounds at all to appeal it
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What's the point in appealing if he's going to pay it?
ArthurMcB said:
given that he was just over.
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89 in an 80 zone is hardly "just over".
And that was probably 90+ on the car's speedometer given the way that they're calibrated conservatively.

Anyway, for what it's worth...
www.garda.ie

Cancelling Fixed Charge Notices

A guide to requesting cancellations of FCNs.
www.garda.ie www.garda.ie
 
ArthurMcB said:
Is there any leeway with been over the limit by just a bit. I recall hearing that 10% over might be acceptable. Obviously this is more than 10% but is the 10% thing even a thing?!
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I've heard anecdotes in the past about the Gardai applying a certain percentage margin above the limit, but any margin in action today would have to be applied before the issuance of the FPN. I've passed speed vans slightly above the limits and not received notices, so perhaps there is a margin in play today that is 10% or less.
 
ArthurMcB said:
A friend of mine got a FPN. Was doing 89kms in a 80km zone.
He will pay the fine but wondering if theres any grounds at all to appeal it given that he was just over.
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I don’t think your friend has any argument being 9 Kph over, The Sovereign King of Ireland was only 5 Kph over the limit and failed in his legal bid, he is appealing it though.

www.sundayworld.com

‘King of Ireland’ wants Dublin to enter space race and become Earth’s capital

A man, who proclaimed himself ‘the Sovereign King of Ireland” during a failed court case yesterday vowed: ‘I will win on appeal’ – before he published online a 30-point, 1,070 word manifesto on future plans for his kingdom.
www.sundayworld.com www.sundayworld.com
 
In the early years of the GoSafe contract I was told by an operative that they set the cameras to capture details of all vehicles travelling at 9km and and above the limit. That applied to all speed limits.

That info. is a fair few years old now, and it seems from the King story that it may be obsolete.
 
Go safe record the speed of every vehicle that passes.
The video file is sent to Thurles traffic unit and a Garda reviews the footage and issues the fines.

I believe that prior to deciding on the limit to issue the ticket on they look at road and traffic conditions.

So wet road and the Garda in a mood you could see 5km as the limit.

You could go to court and take the chances of a good humoured judge especially if it was in a relatively safe zone
 
I was an umpire at a recent camogie game. The sliotar was just six inches over the goal line and rolled back towards the field of play and I waved the green flag. The coach of the defending team informed me that "you could have let it go." - You can't win no matter how right you are.

In the situation here the speed limit is 80km per hour and the driver was doing 89km per hour. 80km is regarded as speeding so subtract 79.9 from 89 and the driver was 9.1km per hour over the limit. Guilty as charged! - And no sympathy from me.
 
Leper said:
I was an umpire at a recent camogie game. The sliotar was just six inches over the goal line and rolled back towards the field of play and I waved the green flag. The coach of the defending team informed me that "you could have let it go." - You can't win no matter how right you are.
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The award of a goal is actually the referee's call. They can overrule the umpire.
 
Leper said:
In the situation here the speed limit is 80km per hour and the driver was doing 89km per hour. 80km is regarded as speeding
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That's incorrect. It's only if you're over the specified speed limit that you're potentially committing an offence.
 
T McGibney said:
The award of a goal is actually the referee's call. They can overrule the umpire.
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My learned friend, you're right, let's do away with the need for the green flag umpire to attend and have a white flag umpire only.
 
ClubMan said:
That's incorrect. It's only if you're over the specified speed limit that you're potentially committing an offence.
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Hi @ClubMan, Up to last week I would have agreed with you, but a solar power speeding warning in Cork advised that 80km in an 80km zone is "speeding" and it displayed an unsmiling face. Now, that may be part of grounds for an appeal.
 
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Any unoffical leeway was reduced with the switchover from mph to kph and also the introduction of speed vans.

To a lot of people (including most judges) doing 89kph in a 80 kph zone sounds worse than doing (what would have been the equivalent) 55mph in a 50mph zone, despite exceeding the limit by slightly less.
 
Leper said:
Hi @ClubMan, Up to last week I would have agreed with you, but a solar power speeding warning in Cork advised that 80km in an 80km zone is "speeding" and it displayed an unsmiling face. Now, that me be part of grounds for an appeal.
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That's incorrect too.
Look at the legal definition of the offence of speeding:

Road Traffic Act 2004

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
www.irishstatutebook.ie
“47.—(1) A person shall not drive a mechanically propelled vehicle at a speed exceeding the speed limit—
...
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ashambles said:
To a lot of people (including most judges) doing 89kph in a 80 kph zone sounds worse than doing (what would have been the equivalent) 55mph in a 50mph zone, despite exceeding the limit by slightly less.
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That doesn't even make sense.
9 > 5 and 11.25% > 10%
 
ClubMan said:
That doesn't even make sense.
9 > 5 and 11.25% > 10%
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You're right - please accept my apologies.

89kph is 55.301mph, which could be left go by a garda back in say 1999. But I'd not expect 89 to be allowed now or at least as often.

A garda might have given x mph of leeway, but it seemed they switched to x kph of leeway which is stricter. I could be wrong on that but it was my feeling at the time.
 
If it was a Garda speed car he might get leeway but if it is a speed van then No leeway. But the law says that speeding is speeding even if you are 1 km over the speed limit..
 
The car speedo is always calibrate + the speed, mine always read 3 to 4 km faster than my sat nav which I consider more accurate
 
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