Traffic act may not plug speed gun loophole as further challenges expected

FURTHER legal challenges to the use of garda speed guns are expected following concerns about legislation intended to plug a loophole that has cast doubt on many speeding prosecutions.

Transport Minister Martin Cullen said last night that the Road Traffic Act 2004, which was supposed to fix problems with the 2002 act, was watertight according to legal advice from the Attorney General’s office.

But he acknowledged that questions had been raised that could see the matter back in the courts. Mr Cullen’s spokesman said: “With every piece of legislation that is passed you will get varying opinions, so it’s always open to be challenged and we will deal with that if it arises.”

The High Court ruled on Monday that laser speed guns did not comply with the 2002 act, as they did not give a printed record.

Yesterday it emerged the 2004 act, which contains a measure designed to close off the loophole, may also be flawed as it still requires gardaí to provide motorists with proof of their speed.

They can do this by showing a motorist the reading on the gun but they still have no permanent record and it is their word against the motorist’s if doubts arise over whether the reading was shown.

AA Ireland’s Conor Faughnan said the Government might now have to enact emergency legislation. “The 2004 act does change the relevant clause but I’m not convinced that it closes the loophole. I could see somebody taking a challenge,” he said.

National Safety Council chairman Eddie Shaw also expressed dismay at the latest blow to road safety efforts, but said solicitors had to share the blame because some sought to exploit weakness in the law.

“I certainly would like to see a much more constructive attitude being taken by the Law Society. Their contribution to this debate has been dismal,” he said.

Justice Minister Michael McDowell said it was “deeply regrettable” the 2002 act had been found deficient, but he did not offer reassurance that the 2004 act would rectify the problem, saying only: “I certainly hope it is watertight.”