YesI assume you mean someone with a loud exhaust? Noise being the problem not racing?
If i write to the super and give the reg and date/time do the garda have the authority to then follow it up. Is that a statement.
A witness statement is not heresay. It is a statement by a witness of what they saw/heard. What is different about noise problems that requires the Garda to witness it personally.The Garda must witness the offence in this case. Heresay is no use.
Noise is the responsibility of a council to enforce.You seem to contradict yourself by saying "Noise is the responsibility of a council to enforce". and then "A Garda can impound the vehicle and have noise measurements carried out"Do you have that law, European law is it? Can you tell me so i can quote to Council?
A good solicitor will tear a lay witness to shreds in this situation. How is a lay witness qualified to say something is noisy? A Garda can impound the vehicle and have noise measurements carried out.
Gardai can prosecute for noise.
As complainer wroteThat is what I do not understand.What is different about noise problems that requires the Garda to witness it personally.
I am going to seek advice from a solicitor. Meanwhile any opinion or better if anyone knows the situation please post. Thanks to all who replied
Why does he have to observe it? If someone assaults another does the garda have to observe it before approaching the person who carried out the assaut? If there is a difference they why is this? Is itbecasuse one is road traffic act and the other is, what, criminal law?ThanksA Garda can prosecute a driver for a loud exhaust. But he must observe it..
But if Ned Flanders complains can the garda not go to the boy racers house and check the noise? My question is do the garda have the power to go to the boy racers house and check the noise? ThanksTry and prosecute someone for speeding from the word of a lay witness without evidence from an approved device and see how far that goes.
Simply a Garda needs the noise levels measured. He can do that and his evidence will be accepted. If a local Ned Flanders makes a statement that a car is noisy that is not enough without noise measurements being carried out. A defence solicitor would see off any such case easily.
Well they told me they cannot call to house and must witness it.Do you know what law, what section empowers them to call to house? ThanksThey most certainly can and in practice that is what they do. They will most likely have some noise measuring equipment and if they don't they can enlist the help of the local council.
That is not what they told me.any garda can call to any house to chat to anyperson, they may get no responce so the garda would have to wait to see him when driving then,
They most certainly can and in practice that is what they do. They will most likely have some noise measuring equipment and if they don't they can enlist the help of the local council.
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