Dáil Éireann Debate, Thursday - 30 September 2004
183 Ms Shortall asked the Minister for Transport the persons to whom penalty points are applied when drivers of fleet vehicles are caught speeding by speed cameras; and if he will make a statement on the matter. [23103/04]
Amharc ar fhreagraThe Road Traffic Act 2002 provides that where it is not possible to identify the driver of a mechanically propelled vehicle which has exceeded the speed limit, a fixed charge notice is issued by the Garda Síochána to the registered owner of the vehicle concerned. This can occur for instance where the commission of a speeding offence is detected by a camera. The notice conveys details of the commission of an alleged offence and indicates that no prosecution will be initiated if the driver pays a fixed charge within a 28 or 56 day period and accepts two penalty points on his driving licence record. The notice also conveys to the registered owner that if he or she was not driving or otherwise using the vehicle at the time of the commission of the alleged offence, he or she should complete and return within 28 days a form providing information including the name and address of the person who was driving or otherwise using the vehicle.
It is an offence for a registered owner to fail to comply with the requirement to supply such information. Furthermore, it is an offence if a registered owner gives information whether or not contained in a document which is to his or her knowledge false or misleading. In that context, it should be particularly noted that the Road Traffic Act, 2002 also provides that where the registered owner of the vehicle concerned does not furnish information to the effect that some other person was driving or otherwise using the vehicle, in a prosecution of that owner for the alleged offence, it shall be presumed until the contrary is shown that he or she was driving or otherwise using the vehicle at the time of the commission of the alleged offence. Thus where a registered owner does not pay the fixed charge or does not communicate to the Garda Síochána that anyone else was driving the vehicle at the relevant time, a prosecution may be initiated by the Garda Síochána.
Persons convicted of the commission of an offence of exceeding a speed limit will, unless the court imposes a disqualification from driving, have four penalty points endorsed on their licence record in the national driver file.
