Toll-exempt vehicle wrongly charged (motorcycle / disabled-adapted / emergency)
Barrier-free tolling charges every plate the gantry cameras read, but seven whole classes of vehicle owe NO toll at all on the M50. Two are consumer-facing and routinely mis-billed: motorcycles (Second Schedule para 1) and specially adapted vehicles driven by disabled persons (para 7). If such a vehicle receives any eFlow toll or default-toll demand, the charge is void from the outset — there was never a toll to pay, so no default toll can accrue on top.
Legal basis
Toll Bye-Laws for the M50 (between Junctions 6 and 7), made by the National Roads Authority (now Transport Infrastructure Ireland) on 8 July 2008. Regulation 12 of those Bye-Laws provides: "No Toll shall be payable in respect of any Vehicle falling within any of the categories of Vehicles set out in the Second Schedule to these Bye-Laws." The Second Schedule lists the classes exempt from tolls: (1) Motor Cycles; (2) Ambulances and Fire Brigade Vehicles; (3) vehicles used by members of the Garda Síochána or the Defence Forces in the performance of their duties as such members; (4) South Dublin County Council's goods vehicles used in the performance of its functions; (5) Fingal County Council's goods vehicles used in the performance of its functions; (6) vehicles used by the Road Operator, the Toll Operator or any person appointed by the Authority to operate and maintain the M50 in the performance of those duties; (7) specially adapted vehicles driven by disabled persons. The enabling power is section 61(1) of the Roads Act 1993: "a road authority may, after consultation with the Commissioner, make such bye-laws as it considers expedient for the purposes of the operation and management of a toll road". The Bye-Laws are published by Transport Infrastructure Ireland and are not on the Irish Statute Book.
How to identify this in your case
You received an eFlow demand but your vehicle is a motorcycle, or a vehicle specially adapted for and driven by a disabled person, or a genuine ambulance/fire/Garda/Defence Forces vehicle on duty. Motorcyclists in particular: the M50 has no barrier to wave you through, so the ANPR bills you even though bikes are toll-free.
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