Law to target speeding loophole

THE Government may introduce emergency legislation to close a traffic-law loophole which could let thousands of motorists challenge speeding convictions.

Taoiseach Bertie Ahern told the Dáil yesterday that the Government was awaiting a recommendation from the Attorney General on the matter before taking further action. Pressure has been mounting on the Government to address the issue after a District Court judgment in March exposed the loophole.

Judge Con O’Leary dismissed a prosecution against a Dublin man charged with speeding in Cork because gardaí had been unable to furnish the defendant with documentary evidence detailing his detection by radar gun, as required by law. The judge found the radar gun to be legally inadequate, as it cannot produce a print-out or permanent record. A ruling in a similar case before District Court Judge Michael Patwell is expected on July 2.

The cases have raised fears that thousands of motorists could challenge their convictions for speeding on the basis that they were detected by radar gun.

Between 2002 and 2003, 272,000 motorists were detected for speeding, according to the gardaí. Just over 204,000 paid on-the-spot fines. Court proceedings were initiated against 30,000, but, by the end of the year, 26,000 cases were still pending.

Attorney General Rory Brady is currently examining the implications of Judge O’Leary’s ruling, and is expected to make his recommendation next month.

Yesterday, Mr Ahern said emergency legislation would be introduced if the Attorney General felt urgent action was needed to prevent court cases collapsing. Otherwise, the Government would wait for the passing of the new Road Traffic Bill to close the loophole.

That bill is in the final stages of preparation, with the Department of Transport yesterday saying it was “confident” it would be brought before the Dáil before the summer recess.The issue had been raised in the Dáil by Fine Gael leader Enda Kenny who was concerned that the loophole could encourage speeding.

Both Fine Gael and Labour have argued the need to bring forward the Road Traffic Bill without any further delay to close off other loopholes, such as with the ‘intoxilyser’.

A raft of drink-driving charges were dismissed in the District Court last month by Judge Patwell because he was not satisfied with evidence garnered by gardaí using the apparatus.