Skip to main content
Normal View

Road Safety.

Dáil Éireann Debate, Tuesday - 25 May 2004

Tuesday, 25 May 2004

Questions (319)

John Curran

Question:

339 Mr. Curran asked the Minister for Transport if he will make improvements to the penalty points system so that the points could be endorsed on the entry in the licence record either at the time of the offence is committed or that the fine is paid. [15706/04]

View answer

Written answers

The penalty points system, which is provided for in the Road Traffic Act 2002, is now operational in respect of speeding, driving without insurance and seat belt wearing offences. Penalty points are applied to the driving licence records of those convicted of such offences, and to those who pay a fixed charge, in the case of speeding and seat belt wearing offences, to the Garda to prevent the instigation of court proceedings.

I intend to introduce penalty points for careless driving with effect from 1 June 2004. This measure should have a further positive influence on the driving behaviour of those who have little regard for road traffic law. Penalty points are endorsed on the licence record held in the National Driver File, NDF, for those convicted of driving without insurance. Penalty points are endorsed on the licence record held in the NDF upon conviction for the offences of speeding and non-wearing of seat belts, or upon payment of a fixed charge. In the case of latter 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 a fixed charge — €80 for speeding or €60 for non-wearing of seat belts — can be paid, followed by a further 28 day period within which a fixed charge of €120 for speeding or €90 for non-wearing of seat belts can be paid. If a 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 Garda 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 Síochána The Road Traffic Act 2002 contains a specific structure that applies directly to 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.

As soon as my Department is notified that a fixed charge has been paid or that a court conviction has been secured in respect of a penalty point offence this information is processed and the notice is issued to the person concerned on behalf of my Department by the Department of the Environment, Heritage and Local Government, which administers the NDF. This process is normally carried out in about two weeks.

Top
Share