ALMOST half the motorists caught speeding on garda cameras escape prosecution.

A damning report yesterday revealed a shocking catalogue of obstacles which prevents gardai from cracking down on errant drivers.

The problems that have bedevilled the issue of penalty points for speeding and not wearing seatbelts were outlined in the annual report of the Comptroller and Auditor General, John Purcell.

It disclosed that a staggering 47pc, or 50,567 out of 107,636 films or videos from static cameras or video recordings taken since the system started, were regarded as "spoiled".

The reasons mainly stemmed from difficulties with number plates - including those that were dirty, obscure or damaged, tampered with or non-conforming - as well as problems with foreign-registered vehicles, company vehicles and motorcycles. Another factor was technical problems with cameras and films - including dirty lenses, poor weather conditions, obstruction of lenses and difficulties with chemical developing solutions.

Also listed among the reasons for spoils were computer problems; emergency vehicles, which are exempt; and temporary lack of access to the national vehicle file.

Senior garda officers expressed concern at the high rate of traffic offence detections which had been spoiled, pointing out they could only bring a prosecution where they could stand over an accusation.

A review of the penalty points system from the end of October 2002 to last December showed while 87,004 fixed-charge notices were issued, payments were received in only 48,553 cases - amounting to a total of €6.1m.

The C&AG's report also found that:

* A mere 56pc of notices issued in the first 14 months of operation were paid.

* Summonses were subsequently issued in respect of only 18pc of unpaid notices.

* Gardai were unable to act against the drivers of company cars or drivers with foreign-issued licences or foreign addresses.

* There were difficulties in assigning penalty points when inaccurate details were provided on returned fixed-charge notices.

And inaccuracy in completing fixed-charge notices led to cancellations.

Serious efforts are being made, however, to remove some of the obstacles. These include fixing camera and film defects; addressing the problems with company cars, number plates and foreign-registered vehicles with the appropriate authorities; clearing the backlog of films and tapes to be viewed; and moving to a verification of driver licence numbers when fixed charges are paid.

Some of the technical deficiencies have been eliminated and this has resulted in the number of 'spoils' dropping from 51,944 last year to 13,535 between January 1 and May 31 this year.

Speeding offences are mainly detected through fixed cameras, mobile GATSO devices in unmarked vans, and hand-held machines. The alternative involves garda interception, which is used for other offences such as no insurance, no seat belts and careless driving. Gardai reported 235 cases where the vehicles intercepted were owned by companies and penalty points could not be allocated to specific drivers.

This anomaly was pointed out by the gardai to the Director of Public Prosecutions, who advised that companies could not be prosecuted for speeding as it was a driver offence.

Garda management also discussed the legal deficiency with the Transport Department, which is responsible for road traffic legislation, and officials have been examining an amendment in finance law dealing with company vehicles and benefit in kind.