Tuesday, 27 February 2018

Questions (592)

Dessie Ellis


592. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if it is possible to appeal penalty points after the fact; the timeframe for appealing such penalty points; and if he will make a statement on the matter. [10077/18]

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Written answers (Question to Transport)

A motorist who is alleged to have committed a driving offence is issued with a fixed charge notice (FCN), which sets out clearly that the fixed charge may be paid in order to avoid prosecution, and also refers to the number of penalty points which will be endorsed on the motorist's licence.

A motorist who pays the fixed charge is accepting the offence, and there is no appeal possible after that payment has been made.

A motorist can apply to have a fixed charge cancelled before paying it by completing an FCN Cancellation Request form and sending it to an Garda Siochana's Fixed Charge Processing Office.  If a decision is made to cancel the FCN, the motorist will be informed in writing immediately.

A motorist may also opt not to pay the FCN, and to argue his case in Court on receipt of a summons for non-payment of an FCN, and it will then be a matter for the Court to accept the motorist's case or to convict him for the driving offence.