the speed limits appeals procedure
The Speed Limit Appeals Procedure introduces a process whereby a member of the public can object to and appeal an existing speed limit contained within a Local Authority’s current Special Speed Limit Byelaws.
This procedure is intended to facilitate a legitimate query that a member of the public or interested party may have regarding a particular speed limit. The procedure is also intended to expedite the process of reviewing speed limit queries raised between full Local Authority speed limit reviews, which can typically be up to five years.
This procedure is NOT a mechanism for appealing penalties issued for speeding offences and any applications received through this process relating to same will not be processed and will not be acknowledged.
HOW IT WORKS
Appellant downloads appeal form, fills out required details, submits it to their Local Authority (no fee at this stage)
Local Authority panel
The Local Authority will assess the appeal and determine if the speed limit in question has been set in accordance with 'The Guidelines'
LA reaches decision;
A. In Accordance with the Guidelines
B. Not In Accordance with the Guidelines
appellant decision point
If Decision is 03.A - Appellant can escalate the appeal to Regional Panel. The fee for doing so is €125 which is fully refundable if the escalated appeal is successful.
If decision is 03.B - it enters 06 below
The Regional Panel will assess the appeal and relevant documentation provided to it by the Local Authority. Decision will be;
A. In Accordance with the Guidelines (no further action, no refund)
B. Not In Accordance with the Guidelines (rectification and refund)
Local Authority begins the process of rectifying the speed limit and setting it in accordance with 'The Guidelines'
Local Authority appeals
There is also a facility for Local Authorities themselves to submit an appeal directly to the relevant Regional Panel in situations where it is proving difficult to agree on proposed speed limit changes with the Elected Members during the early consultation phases of the Local Authority Speed Limit Review. In this case, the relevant Director of Service submits the appeal to the Regional Panel.
The Speed Limits Appeals Procedure is not yet operational; it will be going live in Q4 of this year.
Each Local Authority has been requested to identify a list of suitable members for their Local Authority Panels and a list of suitable nominees for the Regional Panels
Read the full Circular letter issued to Local Authorities (RW 12 of 2021) HERE
The document outlining the Procedure in full is available to view HERE (note: all form fields have been disabled until Procedure is in operation)