Judge strikes out 86 cases as speed limit on N11 is in doubt

Hundreds of motorists who received fines and penalty points for speeding on a notorious stretch of the N11 in Co Wicklow may …

Hundreds of motorists who received fines and penalty points for speeding on a notorious stretch of the N11 in Co Wicklow may be entitled to a refund and have their penalty points lifted, writes Tim O'Brien.

A court ruling is likely to lead to intense scrutiny of similarly imposed sanctions across the State.

Doubts over the legality of the speed limit on the N11 through Kilmacanogue, over the 19 months from April 2004 to November 2005, led to a District Court judge striking out 86 such cases this week.

At Bray District Court Judge Murrough Connellan heard a submission from local solicitor Brian McLoughlin that technicalities in the making of the speed limit at Kilmacanogue may have meant it was not legally enforceable at the time in question.

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The doubt meant that cases against the 86 motorists - many of whom were in court - were immediately struck out. Other motorists who have paid a fine and incurred penalty points may now apply to the court to have the fines and points lifted.

Mr McLoughlin, who represented a group of clients at the hearing, told The Irish Times yesterday that he "would be surprised" if similar arguments were not tested in other parts of the country.

His contention in court was that Wicklow County Council adopted the speed limit in April 2004, but only passed the resolution bringing it into effect on November 14th, 2005.

Mr McLoughlin said the judge accepted there was a point to be addressed on when the bylaws became law. He added that most of the claims arising from this week's hearing dated from alleged offences committed in June or July 2005 and were recorded by a fixed camera in Kilmacanogue.

The solicitor said up to six out of 10 clients he represented insisted they had never received an initial notice in the post as required by law to enable them to settle before a court appearance.

He said is was something that might be significant in subsequent cases.

The stretch of the N11 in question bisects Kilmacanogue village and has been the scene of a number of fatal accidents in recent years, some involving pedestrians.

As the State changed over to metric speed limits in January 2004, councils were given some time to consider "special" areas where low speed limits were necessary.

Wicklow County Council adopted new restrictions designating Kilmacanogue a special speed limit area where the 60km/h (37mph) figure would apply from April 2004.

A spokesman for Minister for Transport Martin Cullen said it would be "disappointing in the extreme that Wicklow County Council would not have done its job" and used the powers provided by the Minister.