Proposed sanctions for speeding drivers described as 'unworkable'

Fianna Fáil’s transport spokesperson Marc MacSharry TD has described as “unworkable” proposals from Minister Shane Ross to impose more severe sanctions on motorists who have exceeded the speed limit by greater amounts.

In a memo to be brought to Government today Mr Ross will seek to impose higher sanctions for those travelling at higher speeds.

Originally, he wanted anyone who travelled 30km/h above the speed limit to be prosecuted for dangerous driving.

However, after some opposition from rural TDs the Minister diluted the proposal and rather than face a charge of dangerous driving, a motorist found travelling 30km/h above the speed limit will face prosecution under a new standalone offence, with the prospect of a fine of €2,000 and seven penalty points.

At present, a driver who breaks the speed limit is subject to a fine of €80 and three penalty points, irrespective of the speed they were doing.

Mr MacSharry told RTÉ radio’s Today with Séan O’Rourke show that the proposed law is not enforceable and that at present 35% of speeding fines are not paid with €27m outstanding.

“The proposed legislation is not enforceable or workable and takes no cognisance of context.”

Fine Gael TD Fergus O'Dowd responded that anything that reduces road deaths has to be welcomed. A judge can decide context, he said.

The Louth TD quoted figures from the Road Safety Authority that up to August 2019 there were 93 road deaths, 70% of which were on rural roads where there was a speed limit of 80kph, so this wasn't an urban/rural issue.

“I stand on the side of saving lives.”

He said that fines graduated according to the speed are “sensible.”

“We all have to accept that we have to reduce speed to reduce road deaths.”

Mr MacSharry called for a system similar to Germany where there is a difference in fines between the types of roads and location, such as proximity to schools etc.

"This isn't appropriate legislation, it needs to be properly thought out. The Government needs to get its house in order."

Mr O’Dowd added “this is about saving lives as road deaths are going up. Motorists have to realise that the faster you go the more likely you are to cause death.

“We have to change our ways. You can have your day in court if you want.”

A barrister who specialises in road traffic law has welcomed the proposed graduated speeding penalties.

David Staunton told Séan O’Rourke that most persons who have been subject to a speeding prosecution would feel that a graduated system is more equitable and fair in that it takes into account the level of culpability on the part of the driver.

“Obviously there have been some instances where a person might be less than 10km over the limit and they would be treated in the same way that a person who was driving far in excess of the speed limit. Clearly that's not very fair.

The proposals are to be welcomed.

“The difficulty that arose when this was first mooted during the summer was that there was an intention to automatically prosecute a person for dangerous driving where they exceeded the speed limit by 30km, that clearly was something that in my view was quite unfair because it failed to take into account the context in which the driving occurred.

“Obviously if you were doing 30kms in excess of the speed limit on the motorway that's different to circumstances whereby you might be caught doing 60kms in a 30km school zone.

"The level of culpability there is much higher.

“I think the proposal to introduce an automatic prosecution for dangerous driving which was mooted in the summer would have been unfair, I think the current proposal, that there will be a new offence whereby a person is prosecuted and they would incur seven penalty points up to a €2,000 fine, seems to be a much more measured approach to dealing with the offence of exceeding the speed limit to that extent.”

Mr Stanton added that the new proposal allows the court to take into account what the penalty should be as opposed to the automatic disqualification for two years for dangerous driving.

“It seems to allow the court some discretion as to what the penalty will be.”

He said that he thinks the new proposals would allow for greater streamlining of cases coming before the courts as motorists would be more willing to accept a fixed penalty that reflects their level of culpability.

He also thought it is likely to reduce the number of cases where people will say ‘I'll take my chances and go to court.’