Just a Query regarding Section 35 (5) of above mentioned act...sign number RRM 017. Lady in question was stopped when she enquired why ? was told under RTA 1961 section 107... when her FPN duly arrived it stated Not RTA 1961 section 107...but section 35 (5) if RTA 1994 ? any advice to this Lady regarding this matter greatly appreciated...
Road Traffic Act 1994
- Thread starter britvic55
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Brendan Burgess
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Did she commit a traffic offence?
If so, she should pay the fine.
If not, she should challenge it.
Brendan
If so, she should pay the fine.
If not, she should challenge it.
Brendan
From what I'am told Brendan she maintains no offence was committed, she was stopped told RTA 1961 section 107...4 weeks later FPN arrives stating RTA 1994 section 35 (5) ? I don't have a definitive answer hence my post ?
Brendan Burgess
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I have never been charged with an offence, so I don't know the procedure.
A Garda did stop me and told me I had crashed a set of pedestrian lights. I wasn't aware of it, and she accepted that.
But do they not tell you what the offence was ? You were speeding? You crashed a light? Your driving is dangerous.
Or do they just quote sections of the Act?
Section 35 just says that a Garda can serve a FPN
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This is RRM 17
Did the Garda not tell her that she had proceeded beyond that line?
Brendan
A Garda did stop me and told me I had crashed a set of pedestrian lights. I wasn't aware of it, and she accepted that.
But do they not tell you what the offence was ? You were speeding? You crashed a light? Your driving is dangerous.
Or do they just quote sections of the Act?
Section 35 just says that a Garda can serve a FPN
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| 35.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that a fixed charge offence is being or has been committed by a person— | ||
| (a) if the member identifies the person, the member may serve, or cause to be served, personally or by post, on the person a fixed charge notice, or |
This is RRM 17
Did the Garda not tell her that she had proceeded beyond that line?
Brendan
I'm not sure, exactly what you're looking for.
What exactly are you looking for advice on?
An answer to what?
Advice regarding what, should she pay the fine /should she not pay the fine /should she challenge it /should she not challenge it /should she wait for the reminder / how to pay the fine etc. ??
What exactly are you looking for advice on?
Brendan Burgess
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Not sure that it's woke?
S107 of the '61 act will be quoted to inform you that you are obliged to provide your details to a Garda who suspects you have contravened any element of the Road Traffic Acts, and failure to do so, or to provide inaccurate details is also an offence.
If you're looking for a get-out, this isn't it.
If you're looking for a get-out, this isn't it.
Brendan Burgess
Founder
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- 52,046
Would the Fixed Penalty Notice not specify the location and nature of the offence?
Brendan
Brendan
I've been stopped twice and given a fine and penalty points. On both occasions I was breaking the law so I deserved it and paid up.
Once was for speeding (58 in a 50 zone) and the other was for using a phone while driving (while stopped in traffic). We might think the laws are stupid and we mightn't like getting caught but the Gardaí are there to enforce the law.
@britvic55 Tell her to pay the fine and get on with her life. I'm sure she has better things to occupy her time with. If not then god love her.
Once was for speeding (58 in a 50 zone) and the other was for using a phone while driving (while stopped in traffic). We might think the laws are stupid and we mightn't like getting caught but the Gardaí are there to enforce the law.
@britvic55 Tell her to pay the fine and get on with her life. I'm sure she has better things to occupy her time with. If not then god love her.
I get the impression that @britvic55 , sorry 'the friend' , may well have done so, or isn't bothered any more, as it's over 2 weeks since the last reply.