Advice from the Director of Public Prosecutions via the Garda National Roads Policing Bureau was central to the Department of Transport coming to the view that mandtory use of cycle tracks was not revoked, a parliamentary question has confirmed.
Gardai informed the Department of Transport of advice from the Director of Public Prosecutions (DPP) in advance of the new on-the-spot fines for cyclists which were introduced in August 2015. The communications is that which the department refuses to release under freedom of information legislation.
Not using a cycle track was in the original list of 15 offences which could be covered under the new fines system. The list of 15 were eventually cut down to 7, although it is still open to gardai to bring cyclists to court for the other potential offences.
The latest news came after Eamon Ryan, Green Party leader and Dublin TD, asked a parliamentary question on the issue of if the Garda National Roads Policy Bureau and the Director of Public Prosecutions communicated with his department in May 2015 in relation to SI 332 of 2012 which removed the legal obligation on cyclists to use certain cycle facilities; and if so, the reason for these communications.
A written response under the name of Shane Ross, the Minister for Transport, Tourism and Sport, said: “The Garda National Roads Policing Bureau (GNRPB) communicated with my Department in May 2015 in relation to SI 332 of 2012. This communication referenced advice received by the GNRPB from the Director of Public Prosecutions.”
Theministerial response added: “The reason for this communication arose due to work by my Department and the GNRPB on the introduction of fixed charge notices for certain cycling offences, including offences relating to cycle tracks.”