Dáil Éireann Debate, Tuesday - 18 December 2012
484. Deputy Charles Flanagan asked the Minister for Justice and Equality the circumstances under which penalty points imposed on road users maybe suspended, removed or cancelled before the expiry of the statutory period, together with details of the officers charged with authority to remove and the regulation under which this power might be invoked. [56721/12]
View answerI presume the Deputy is referring to the cancellation of Fixed Charge Notices in respect of road traffic offences. As I have set out recently, there can be circumstances where a Fixed Charge Notice may be cancelled in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Termination or cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on terminations or cancellations are governed by Garda policies and procedures, framed around the legislative exemptions and prosecutorial guidelines issued by the DPP. I am informed that in accordance with these procedures Gardaí at the rank of Superintendent/District Officer or Inspector Acting District Officer have discretion to authorise cancellation of Fixed Charge Notices in appropriate circumstances. These can include situations where, for example, exemptions apply in relation to emergency vehicles, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency or other genuine circumstances such as, for example, a medical certificate relating to the wearing of seatbelt, a sick child being driven to hospital, or a medical professional rushing to a sick or elderly patient. Access to terminate a Fixed Charge Notice through PULSE is restricted to users with the rank of Inspector or higher.
