Exemptions from speeding fines for gardaí set to be tightened

Judge Michael Deery said gardaí should explain why it was necessary to speed. File picture

The Government plans to tighten laws which legally allow gardaí and other emergency services to break speed limits following concerns by oversight bodies.

The measures are to be included in the Government’s implementation plan, due to the published soon, in relation to a report by the Garda Inspectorate on countering corruption in An Garda Síochána.

Now, a separate oversight judge, charged with monitoring cancellations of penalty points, said he was “uneasy” at gardaí claiming exemptions to speeding fines because they were travelling to the courts or bringing someone in custody to a station.

Judge Michael Deery said gardaí should explain why it was necessary to speed.

Last March, the Garda Inspectorate said no reasons were provided for breaking the speed limit in almost half of the cancellation cases it examined.

Justice Minister Heather Humphreys has published the fifth and sixth annual reports of the Independent Oversight Authority for the Garda Fixed Charge Processing System (FCPS) Cancellation Policy, covering the years 2019 and 2020.

In his latest reports, submitted last February, Judge Deery said decisions regarding the cancellation of penalty points now rests with the Fixed Charge Processing System Office (FCPO) in Thurles, Co Tipperary.

Judge Deery said the staff in the office continue to provide an “excellent service” and the three senior officers with power to cancel approached their task with “considerable expertise”.

The judge said gardaí driving their own private vehicle in the course of their duty can apply for an exemption under Section 87 of the Road Traffic Act 2010 to incurring the speeding charge.

Judge reviewed cancellations

He said he reviewed cancellations by looking at a random week in each three- or four-week period and said he would “not disagree” with the exercise of discretion to cancel.

He said gardaí need to satisfy the DPP that they were driving their private vehicle in the course of their duties and that they did not endanger the safety of other road users. That information is also sent to the FCPO.

But the judge added: “I remain uneasy about a member driving excessively fast and claiming the exemption, for example, in circumstances where the member was attending a consultation in the Four Courts or where the member was bringing persons in custody back to the Garda station.

“An amendment to S 87 of the RTA 2000 should be considered where, in addition to the two requirements specified, a further one should be added to require the member to show why it was necessary to exceed the speed limit.” 

A statement issued by the Department of Justice said: “Judge Deery recommended an amendment to section 87 of the Road Traffic Act 2010, which provides exemptions for driving by emergency services, to require gardaí claiming this exemption to provide reasons why speeding was necessary.

“The recent Garda Inspectorate Report on countering corruption, which was published in March, made a very similar recommendation, which has been accepted by the Department of Transport and by An Garda Síochána.” 

The statement added: “The next steps for that review will be set out in the department’s implementation plan for the countering corruption report, which will be published in the autumn.”