Dáil Éireann Debate, Tuesday - 27 April 2004
659 Mr. Naughten asked the Minister for Transport the number of drivers of vehicles apprehended under the penalty points system who have not had points attached to their licences; the reason therefor; the number of persons within this category who have paid the associated cash fine; and if he will make a statement on the matter. [11629/04]
View answer671 Mr. Naughten asked the Minister for Transport the number of drivers who have had their penalty points withdrawn and their fines returned; the reason for the withdrawal of the penalty; and if he will make a statement on the matter. [12104/04]
View answerI propose to take Questions Nos. 659 and 671 together.
The penalty points system, which is provided for in the Road Traffic Act 2002, was introduced with effect from 31 October 2002 for the offence of breaching a speed limit, from 1 June 2003 for insurance offences and from 25 August 2003 for seat belt wearing offences. Penalty points are applied to the driving licence records of those convicted of such offences and, in the case of speeding and seat belt wearing offences, to those who pay a fixed charge to the Garda in order to prevent the instigation of court proceedings. As of 6 April 2004, penalty points have been endorsed in respect of 128,966 drivers.
Section 2 of the Act provides that the endorsement of penalty points can only occur following the receipt of a notification that a person has been convicted of the commission of a penalty point offence or has paid a fixed charge.
Responsibility for the issue of notification following a conviction for a penalty point offence rests with the Courts Service and, where a fixed charge is paid, with the Commissioner of the Garda Síochána. There is no basis for a refund of a fixed payment provided for in the Road Traffic Acts. The only basis for the removal of penalty points provided for in the Act is where a court accepts a late appeal from a person convicted of a penalty point offence and following the hearing of the appeal sets aside the original conviction. To date no driver has had penalty points removed from his or her driving licence record.
As of 6 April 2004, some 18,000 drivers of vehicles, apprehended under the penalty points system and who have paid their fixed charge, do not have points endorsed on their driver licence records. The reasons that these drivers do not have points endorsed on their driver licence records include not holding a driving licence and the non-holding of an Irish driving licence. A record is opened in the national driver file recording details of the offence and the number of penalty points applicable are held in abeyance. Should the driver apply for an Irish driving licence at a later date, the points then become live and will be endorsed on the licence record for a three-year period.
