Submitted by: Adrian Randles
The penalty points system for driving offences was introduced in Ireland on 31 October 2002. In April 2006, fixed charge fines for motorists guilty of driving offences were also introduced. The law governing penalty points is the Road Traffic Act 2002. A penalty point is essentially a formal reprimand by the Gardai endorsed on your driving licence that shows you are guilty of a specified driving offence. By the end of December 2006, a total of 392,775 drivers in Ireland had penalty points endorsed on their driving licences. Of that total number, 270,519 held full driving licences, 35,857 were provisional drivers and 86,399 had no driving licence.
The aim of penalty points is to influence and improve driver behaviour in Ireland and address the unacceptable levels of death and serious injury on our roads. Figures released in 2006 by the Department of Transport and the Marine indicate that 86% of all roads deaths in Ireland can be attributed to driver behaviour. During 2006 for example, 368 people were killed on Irish roads, the second lowest figure in the last forty years. A total of 2,678 people were killed in the period 2000-2006.
Penalty point systems also operate in other countries. International experience has demonstrated the penalty points system has proven successful in reducing the number of road deaths in those countries. While penalty points are endorsed on your driving licence, the points do not physically appear on the licence. Instead, your penalty points are recorded on your driving licence record. Driving licence records are held on the National Driver File operated by the Department of the Environment, Heritage and Local Government (note, this is due to be transferred to the Department of Transport and the Marine later in 2007.
How does the penalty points system work?
Penalty point offences are recorded on your driving licence licence if:
1.You are convicted of a driving offence that attracts penalty points, or
2.You are served with a fixed fine notice in respect of an alleged offence that attracts penalty points and you opt to pay the fine rather than having the matter referred to the courts for determination.
3. No driver in Ireland is allowed drive a vehicle while holding 12 current penalty points on their driving licence. Any driver that receives 12 penalty points in any 3 year period, will be automatically faced with a 6-month disqualification from driving.
Between 2002-2005 a total of 19 people have been disqualified from driving because they hold 12 penalty points.
Do penalty points apply to all Irish driving licences?
Yes. Penalty points apply to both provisional and full Irish driving licences. Penalty points also apply to drivers with foreign driving licences driving in Ireland. If someone is driving in Ireland on a foreign licence, the driver’s details are held on a separate database for the purpose of recording penalty points. If that driver applies for and obtains an Irish driving licence, the penalty points are then activated on that licence.
Penalty points obtained in other jurisdictions
A Convention of Driving Disqualification was adopted by EU Member States in 1998. Ireland’s Road Traffic Act 2002 provides a framework for implementing the Convention. Section 9 is designed to facilitate the entry into force of the framework for bilateral co-operation with other EU Member States in applying driving disqualifications for a number of serious road traffic offences committed in another Member State.
Mutual recognition of penalty points between the UK, Northern Ireland and the Isle of Man already exists. The Government and British-Irish Council are currently examining the recognition of penalty points between Northern Ireland and the Republic of Ireland. The Attorney General is currently examining the complex legal issues involved.
When do the points take effect from – the date I committed the offence?
No. If you have committed a driving offence that incurs penalty points you will receive a written notification from the Department of Transport and the Marine informing you of the fact that the appropriate number of penalty points are being added to your driving licence. This notice will include details of your name, address, date time and location of the driving offence concerned and confirmation of the fact that you either paid the fixed charge for the offence or were convicted in the court of such offence. The notice will also contain a date on which the notice was issued to you. This is the important date as the points will only be added to your licence 28 days after this date.
When someone has been issued with a fixed charge notice by the Gardai for a driving offence that incurs penalty points and pays that charge or fine within 56 days the Gardai will notify the Department of Transport of that fact and the Department of Transport and the Marine will then issue to the person notification of the fact that the appropriate number of penalty points are to be added to their driving licence 28 days after the issue of such notification. Similarly, if someone fails to pay the fixed charge notice within 56 days the Gardai will serve a summons on you to appear in the District Court to answer the alleged driving offence.
If you are subsequently convicted of the driving offence in court, the District Court will notify the Department of Transport and the Marine of that conviction and of the number of penalty points attaching to that conviction. The Department of Transport and the Marine will then issue to you notification of the fact that the appropriate number of penalty points are to be added to your driving licence 28 days after the date of the issue of such notification.
All penalty points added to your driving licence whether by way of payment of the fixed charge notice or by way of conviction in the courts are recorded on the Garda Pulse computer system. This enables the Gardai to have access to all records regarding the number of penalty points on a person’s driving licence at any given time. Penalty points are not physically recorded on your licence. They are kept on a database by both the Department of Transport and and by the Gardai.
How long do penalty points stay on your licence?
Penalty points have a three year lifespan. That means they will remain on your current driving licence for a period of 3 years from the start date (effective date). Any period where your licence is out of date won’t count as part of the 3 years. Where you accumulate 12 points and are disqualified for a period of six months, the points which led to the disqualification are removed at the end of the 6 months.
Example
I received 2 penalty points for a speeding offence in June 2003. My driving licence expired in September 2005 but I only renewed it in January 2006. If I had renewed my licence immediately, the points would have stayed on my licence until June 2006. However, the three months during which my licence was expired don’t count towards the three year of the penalty points. This means the penalty points will remain on my licence until September 2006.
If you are disqualified from driving for a period of six months as a result of accumulating 12 or more points, the number of points standing endorsed on your licence on the date you are disqualified (i.e. 28 days after the date of issue of written notification from the Department of Transport and the Marine) will be removed from your licence at the end of the six months. This means that if you receive any additional penalty points during the six month disqualification period these points will then be added to your driving licence when the disqualification is lifted and your driving licence returned.
If you have been notified by the Department of Transport and the Marine that you have been disqualified from driving by virtue of the fact that you have accumulated 12 penalty points or more you will be obliged to surrender your driving licence at your local Motor Taxation Office for the period of six months.
What happens if someone else was driving my vehicle?
In cases where the driving offence was detected by camera, the fixed charge notice is sent to the registered owner of the vehicle. If the registered owner was not driving at the time of the offence they should complete the form attached to the notice, giving details of the person who was driving. This should then be returned to the relevant Garda Station with the original fixed charge notice. (Do not enclose payment). The Garda? will then issue a fixed charge notice to the driver.
Which motoring offences result in penalty points?
The Road Traffic Act 2002 provides that a total of 69 motoring offences will incur penalty points. At present, motorists guilty of 36 driving offences will result in penalty points. View the current list of 36 penalty point motoring offences.
The following are some examples of how penalty points and fines are awarded.
1. Speeding offences: an on-the-spot fine of 80 euro, together with 2 penalty points. If you have been caught speeding on police traffic camera, you will receive notice of your fine and penalty points of the offence by post. You have 28 days in which to pay your fine from the date the notice issues to you to pay your fine. If you do not pay your fine, the fine then increases to 120 euro which you pay within 28 days. If after this time (56 days) you still have not paid your fine, you will have to go to your District court. If you are convicted in Court of speeding offences and non-payment of fines, you will automatically receive 4 penalty points and a fine to a maximum of 800 euro.
2. Seatbelt offences: Failure to wear a seatbelt or allow children under 17 years to travel in your vehicle without a seatbelt will incur an n on-the-spot fine of 60 euro. You must pay this fine within 28 days, or face an increased fine of 90 euro payable within 56 days of the offence. 2 penalty points will be added to your licence if you opt not to go to court. If you are convicted in court for non-wearing of a seatbelt, 4 penalty points will be added to your licence and you will be liable to an 800 euro fine for a first offence. Read more about the regulations regarding the wearing of seatbelts in Ireland.
3. Motor insurance offences: generally punishable by a fine of up to 2,500 euro, disqualification of one year or more for a first offence and two years or more for a second offence, and, at the discretion of the court, a term of imprisonment not exceeding six months. Since 1 June 2003, where the court decides not to impose a disqualification drivers convicted of a first offence of driving without insurance will incur 5 penalty points on their licence record in addition to any other penalty imposed by the court.
4. Careless driving: This is defined as ‘driving a vehicle in a public place without due care and attention’. The Gardai enforce careless driving offences and this involves a mandatory court appearance. From 4th June 2004, a driver charged and subsequently found guilty of careless driving will receive 5 penalty points on their licence. Drivers may also be fined up to a maximum of 1,500 euro, or given a prison sentence to a maximum of 3 months. (You should note the courts also have discretion to impose both the 1,500 euro fine and the 3 month prison sentence together).
About the Author: This article was written by Adrian Randles of CarAuctionsLive http://www.carauctionslive.ie –
car auctions
– irish car auctions, car auctions Dublin.
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