The High Court has rejected a legal challenge to the validity of a fixed-charge notice (FCN) issued for alleged speeding in an average speed zone on the M7 motorway, impacting over 2,000 drivers. Ms Justice Miriam O’Regan ruled in favor of the Director of Public Prosecutions in Edel O’Brien’s case, concerning a FCN issued for driving at 131km/h in a 120km/h zone. The core issue was whether the absence of “average” on FCNs for speeding in average speed zones renders them defective for prosecution.

The introduction of average speed cameras in 2017 in Ireland, including on the M7, records speeds over a distance rather than at a single point. Following Ms O’Brien’s case, 900 cases are adjourned, and 1,500 summonses are pending. Despite Ms O’Brien’s argument that the FCN misstated the speeding allegation, the High Court found the notice valid if it did not mislead her. Judge O’Regan determined the FCN complied with regulations and statutory provisions, suggesting any errors could be addressed under the Interpretation Act.

The judgment emphasized that Ms O’Brien’s awareness of the allegation being based on average speed before her decision to contest the FCN was crucial. The discrepancy between the complaint and evidence did not invalidate the conviction, as it did not impact Ms O’Brien’s ability to understand and respond to the allegation. Ultimately, the court upheld the legality of the FCN and the prosecution’s case.