Vol. 562 No. 1
408 Ms Burton asked the Minister for Transport if ordinary motorists driving in bus lanes are included in the penalty points system; his plans to deter drivers from the improper use of the lanes; and if he will make a statement on the matter. [5197/03]
The purpose and focus of the penalty points system is to identify and track a range of offences the commission of which has a direct impact on road safety. The Road Traffic Act 2002, which provides the legislative basis for the penalty points system, identifies a range of offences as penalty point offences.
The operation and use of bus lanes make a significant and positive contribution to facilitating the provision of public transport. Breaches of the rules that relate to driving in bus lanes do not have such direct impact on road safety, and accordingly the offences that result from such breaches do not attract penalty points but this situation will be kept under review.
As with all offences created under the Road Traffic Acts, the maximum fine for the commission of a first offence relating to the use of bus lanes has been increased through the Road Traffic Act 2002 from €190 to €800. Where a person is convicted of the offence on a second or subsequent occasion, a maximum fine not exceeding €1,500 can be applied. In addition where a third or subsequent such offence is committed within 12 months, in addition to a maximum fine of € 1,500, the court may at its discretion impose imprisonment for a term not exceeding three months. A person accused of the offence of driving in a bus lane may avail of the opportunity to pay an on the spot fine of €25 to avoid proceedings being pursued in court.
The Road Traffic Act 2002 also provides for the replacement of the on the spot fine system with the new fixed charge system. Measures to apply that system generally to the offences that currently attract on the spot fines are currently being progressed by my Department in consultation with the Garda authorities and the Department of Justice, Equality and Law Reform.
