Road Traffic Offences.

Dáil Éireann Debate, Tuesday - 27 June 2006

Tuesday, 27 June 2006

Ceisteanna (423)

Liz McManus

Ceist:

444 Ms McManus asked the Minister for Justice, Equality and Law Reform the reason the delay of formal notification from the Gardaí should cause a person (details supplied) in County Wicklow to have points on their record for almost six months extra after the date of the actual offence, in view of the fact that the person was stopped on 29 January 2006 for exceeding the speed limit and issued with a fixed penalty notice and notified that the offence would attract 2 penalty points and paid the fine within the 14 day period but did not receive formal notification of penalty points until 4 July 2006, almost five and a half months after the offence; if no appeal is being made to the Courts, are points backdated to date of offence; and if he will make a statement on the matter. [24377/06]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Penalty points are entered on a person's driving licence record 28 days from the appropriate date, which is the date that notification is sent to the licence holder of endorsement of penalty points. I am informed by the Garda authorities that in the case referred to by the Deputy the speeding detection was made on 26 January, 2006. Payment was received in Wexford Garda station on 1 February, 2006. A copy of the receipt in this case was forwarded, on 12 May, 2006 to SWS (who act on behalf of the Department of Transport) along with other receipts from Wexford/Wicklow Division. The receipt was processed by SWS on 30 May, 2006. I am further informed that notification in compliance with section 5 of the Road Traffic Act 2002 issued on 6 June, 2006, informing the driver that penalty points to be endorsed by the Department of Environment, Heritage and Local Government would take effect from 4 July, 2006. At the time of this detection An Garda Síochána were operating a manual system for the administration of fixed charges. The computerised solution which included new processes and procedures in respect of payment of fixed charges became operational on a national basis on 3 April, 2006. I am also informed that there is no provision in law for penalty points to be back dated. The law clearly defines the appropriate date.