Gardaí seek legal advice on laser speeding equipment

GARDAÍ have sought legal advice on whether to continue to pursue, through the courts, suspected speeding offenders detected by laser guns.

Hundreds of motorists are likely to escape penalty points after the High Court ruled earlier this month that laser speeding equipment did not comply with legislation.

The decision came after the Director of Public Prosecution did not contest a case brought before the High Court in February.

A district court judge had initially sought the opinion of the High Court on whether laser detection equipment complied with regulations under the Road Traffic Act 2002.

The regulations, since amended, had required a permanent record of the alleged speed. Changes to the revised 2004 act permit gardaí to prosecute for speeding offences using evidence from equipment “not capable of producing a permanent record”.

The amendments were introduced on January 20.

A garda spokesman said yesterday traffic corps officers were continuing to use the laser gun.

Transport Minister Martin Cullen has insisted the revised legislation is watertight. Gardaí said yesterday they were not aware of any legal challenges to the revised regulations. Legal experts, however, believe a loophole still exists which would allow speeding drivers to escape punishment.

Gardaí confirmed the laser speeding gun equipment has not been modified. Motorists, a spokesman said, can be shown the reading on the laser gun which still do not provide a printed version.

Fine Gael leader Enda Kenny yesterday welcomed a decision by the gardaí to seek legal advice on the recent High Court decision.

“Arising from the more recent Supreme Court decision in respect of the controversy for charges levied against public patients, and deemed to be illegal, it’s important that legal advice should be sought in respect of speeding detections.

“There is a possibility that speeding fines may have been illegal along with the penalty points levied against drivers.”

Mr Kenny said the legal advice given to the gardaí should be made public.

The recent High Court decision will affect only motorists contesting outstanding cases initiated before the 2004 act came into force.