If you’ve been unlucky enough to receive a fixed charge notice from An Garda Síochána did you know that under certain exceptional circumstances it can be cancelled? Suzanne Keane explains how
So what is a cancellation?
This is where a Cancelling Authority can decide (if they believe your prosecution would not be appropriate, fair or proportionate) to withdraw the fixed charge notice.
Reasons for cancellation?
There are 2 Categories under which a fixed charge notice can be cancelled –
Category A covers items such as when there is an error in detection equipment, if you have a seat belt exemption, for non-displayment of motor tax or insurance (but only if your vehicle was actually taxed or insured on the date in question), offences when a car was stolen, sold or scrapped and if the driver is under 18 years old.
Category B covers exceptional circumstances – this will take into account previous cancellations (if any), the circumstances under which the offence was committed and the need to ensure motorists are held accountable for their actions.
Exceptional circumstances include the following
- Bringing someone to hospital in an emergency where their life is at risk or for an urgent treatment – NOT for a routine appointment
- Doctors rushing to a patient in an emergency where life is at risk – again NOT for a routine call
- Immediately following the notification of death of a family member – but NOT travelling to a funeral
- Emergency situations such as responding to a fallen power line or gas leak may be considered but not for routine maintenance.
In summary, if you’re responding to a life & death situation or wrongly accused you may be able to have a fixed charge notice cancelled and you can download the appropriate form from here.
Please note the 28 day and 56 day period for payment of the fixed charge is not suspended while a cancellation request is being considered.
If you’re still not sure whether or not your fixed charge notice can be cancelled of require any further information please contact The Fixed Charge Processing Office, Parnell St., Thurles, Co. Tipperary, by email npo@garda.ie or telephone: (1890 30 40 60)
Suzanne Keane
1st June, 2017
