Patrick Costello
Question:
347. Deputy Patrick Costello asked the Minister for Justice whether this is an “intercept detection” offence only by An Garda Síochána or whether such offences can be reported by the public to their Garda stations or Traffic Watch; the number of drivers prosecuted from 2020 to 2023; and if she will make a statement on the matter. [20247/24]
View answer
It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
The following deferred reply was received under Standing Order 51.
I refer to Parliamentary Questions No.347 of 8 May 2024 where you asked for:
“To ask the Minister for Justice the legal status for advanced stop lines at traffic lights; the offence that is committed when these lines are breached by motor vehicles; whether this is “intercept detection” offence only by An Garda Síochána or whether such offences can be reported by the public to their Garda stations or Traffic Watch; the number of drivers prosecuted from 2020 to 2023; and if she will make a statement on the matter.”
As you are aware your question was part disallowed as some of the matters raised are more appropriate to the Department of Transport; and your question now reads:
“To ask the Minister for Justice whether this is an “intercept detection” offence only by An Garda Síochána or whether such offences can be reported by the public to their Garda stations or Traffic Watch; the number of drivers prosecuted from 2020 to 2023; and if she will make a statement on the matter”
As you will recall, I sought the information from the Garda authorities and undertook to contact you again once the information was to hand.
As you will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the recording of traffic offences. As Minister for Justice, I have no direct role in these matters.
Road traffic legislation is enforced as part of the day-to-day duties of members of An Garda Síochána, as well as through a programme of high-visibility road safety and enforcement operations, carried out in partnership with other State agencies, including the Department of Transport and other Government Departments, the Road Safety Authority, the National Roads Authority, and the community, in order to make our roads safer for all.
The Garda authorities have advised that the legal basis for the offence referenced is contained within Section 35 Road Traffic Act 1994 and subsequent Statutory Instrument 182/1997 referred to as the Road Traffic (Traffic and Parking) Regulations 1997 and in particular, Section 20 of the Regulations deals with ‘Stop Lines’ and Stop Signs’.
I am further advised that while this is currently classed as an intercept offence, there is nothing to stop a member of the public reporting such alleged offence to their local Garda Station and/or Traffic Watch, providing they know that in order for a member of An Garda Síochána to deal with their complaint, a statement of complaint would have to be taken from the complainant and that they would be required to attend Court proceedings and be in a position to give evidence to the Court of the alleged breach of Section 35 Road Traffic Act 1994.
The table below, which was provided to me by the Garda authorities, provides a yearly breakdown from 2020-2023 of the number of instances in which a party was issued with a Fixed Charge Notice for the offences of stopping at a stop line or sign.
|
Year
|
2020
|
2021
|
2022
|
2023
|
|
Number of Instances
|
268
|
263
|
240
|
197
|
Figures are based on incidents, which occurred from 1 January 2020 to 31 December 2023, inclusive. All information contained in this report is based upon operational data from the FCPS system as was available on 13 May 2024 and is liable to change.
