Dáil Éireann debate -
Thursday, 12 Jun 2003

Vol. 568 No. 3

Written Answers. - Penalty Points System.

Denis Naughten

Question:

98 Mr. Naughten asked the Minister for Transport the reason a person who was caught speeding in November 2002 will only have penalty points applied from 16 June 2003; if such an extension is provided for in the legislation; the measures he is taking to ensure that the three years commences from the date of the offence; and if he will make a statement on the matter. [16300/03]

Minister for Transport (Mr. Brennan)

Penalty points for speeding have been operating since 31 October 2002. Penalty points are being applied to the driving licence records of those convicted of speeding offences, and to those who pay a fixed charge to the gardaí in order to prevent the instigation of court proceedings. Since 1 June 2003, penalty points are applicable to those convicted of driving without insurance.

In relation to speeding offences, the system operates in such a way that the offer of paying a fixed charge is always provided and a person has 56 days within which to pay the charge. The 56 day period comprises an initial 28 day period within which an €80 fixed charge can be paid, followed by a further 28 day period within which a fixed charge of €120 can be paid. If the person opts not to pay, the case is taken to court. These periods are built into the system and ensure that every opportunity is afforded to the person to pay the fixed charge and avoid a court hearing. There is therefore an inevitable and intrinsic time lapse between the issue of the notices, the payment of the fixed charge and the notification of the endorsement of penalty points. The fact that, at present, the processing of notices by the gardaí is operated on a manual basis is a further contributory factor to those time lapses. The timing of the issue of fixed charge notices is a matter for the Garda.

The Road Traffic Act 2002 contains a number of provisions to ensure the effective application of penalty points on the licence record of an individual. Section 5 of the Act provides that where penalty points are to be endorsed in a record, a notification of that endorsement must be issued to the licence holder involved. The notice sets out in particular the basis for the endorsement of the points. Section 7 of the Act provides that, save in very limited and quite specific instances, the operative date for penalty points is 28 days from the date of the notice issued under Section 5. The application of penalty points from the date of the alleged commission of an offence would not be appropriate in that the points would apply from a date that would precede either the payment of a fixed charge or the determination of guilt by a court.