Dáil Éireann díospóireacht -
Tuesday, 17 Jun 2003

Vol. 568 No. 5

Written Answers. - Road Traffic Offences.

Mary Wallace

Ceist:

370 Ms M. Wallace asked the Minister for Transport the law regarding speeding fines by fixed cameras; if there is a period of time within which the notice must issue in order for the fine to be valid; if penalty points occur in such cases; if so, the number of penalty points which occur; the relevant date from which they occur; and the length of time they last on the person's licence before being lifted. [16768/03]

Minister for Transport (Mr. Brennan)

The detection of speeding offences can be made by the direct intercept of a motorist by a member of the Garda Síochána who shall then serve on that person, or cause to be served, personally or by post, a notice of the offence alleged. The detection of a speeding offence can also be made by means of electronic or other apparatus, including cameras, and in that instance a notice of the offence alleged is served on the registered owner of the mechanically propelled vehicle concerned. There is no statutory period of time within which the gardaí must issue this fixed charge notice in either instance.

Where the registered owner makes a declaration that he or she was not driving or otherwise using the vehicle at the time of the commission of the offence alleged, he or she must within 28 days give or send a document to the gardaí supplying information, including the name and address of the person who was. In those instances the Road Traffic Act 2002 provides that the gardaí must, not later than 28 days after such document is given or sent, serve a notice on the person named by the registered owner.

Penalty points for speeding have been operating since 31 October 2002. Four penalty points are being applied to the driving licence records of those convicted in court of speeding offences and two penalty points to those who opt to pay a fixed charge within a 56 day period to the gardaí to prevent the instigation of court proceedings.

The Road Traffic Act 2002 contains a number of provisions to ensure 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. The application of penalty points from the date of the alleged commission of an offence would not be appropriate in that the points would apply from a date that would precede either the payment of a fixed charge or the determination of guilt by a court. Penalty points remain on a person's driving licence record for a period of three years from the operative date.