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Penalty Points System Offences

Dáil Éireann Debate, Tuesday - 16 December 2014

Tuesday, 16 December 2014

Questions (648, 650, 662, 670, 673)

Peter Fitzpatrick

Question:

648. Deputy Peter Fitzpatrick asked the Minister for Transport, Tourism and Sport if he will extend the timeframe for the national car test penalty system due to the backlog; and if he will make a statement on the matter. [47941/14]

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Terence Flanagan

Question:

650. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport the action he is taking to deal with the backlog of car owners looking for national car tests in view of the new penalty points announced; and if he will make a statement on the matter. [47959/14]

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Tom Fleming

Question:

662. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport the reason there is at least a four week delay, in some cases for much longer periods, in securing an appointment for national car testing and not a ten day window or quicker access to securing an appointment for the NCT as stated by him; and if he will make a statement on the matter. [48154/14]

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Tom Fleming

Question:

670. Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will ensure that persons who have booked their national car test and have proof of same are not liable for three penalty points on their licence and that the Garda will exercise some discretion in this situation; and if he will make a statement on the matter. [48207/14]

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Robert Troy

Question:

673. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport his views that it is fair and acceptable that a driver can receive three penalty points for not having a current national car test certificate displayed, yet the current waiting for the NCT is on average three months; and if there is a provision in place to deal with this situation. [48333/14]

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Written answers

I propose to take Questions Nos. 648, 650, 662, 670 and 673 together.

Changes to the penalty points regime which came into effect on 8 December last were legislated for under the Road Traffic Act 2014.  Those changes relate to a range of measures, including the National Car Test (NCT) system, which contribute to making our roads safer for all users and I do not propose to revisit them.

It has, for some years, been an offence to use a vehicle on public roads without a valid NCT certificate. Prior to the recent change, this offence involved a direct summons to court and the assignment of 5 penalty points on conviction. The provisions in the 2014 Act brought this offence within the fixed charge notice system. An alleged offender will now be issued with a fixed charge notice and, on payment of the €60 charge, will have 3 penalty points assigned to their licence. The driver will, of course, continue to have the option of going to court where 5 points will still apply on conviction.

Enforcement of the relevant legislation is a matter for An Garda Síochána. If a person’s NCT test date is imminent, it will be a matter for the Garda to use their discretion. However, responsibility rests with owners and users of vehicles to ensure their vehicles are in compliance with the law.

I understand from the Road Safety Authority that, last week, the NCTS experienced its highest demand ever for tests with the call centre answering over 63,000 calls. The NCTS dealt with this unprecedented demand and kept the priority list stable.

The introduction of this change to the penalty point system has proved to be effective in bringing non-compliant people into the NCT system. This is reflected in the fact that the RSA has informed me that a considerable number of cars currently being tested are overdue and late for their test, some of them over a year late.

The RSA has stated that the majority of car owners, including those who require an early test, will receive an NCT appointment within 28 days and additional resources have been put in place to help deal with such requests.  The RSA has repeatedly emphasised that the availability of appointments on the NCT website is not a reflection of the total number of slots available to customers. If a person is in need of an early test they should follow the advice on the NCTS website which clearly advises customers, if they cannot obtain a suitable slot online, to contact the NCTS call centre directly on (01) 413 5992.

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