GENERAL QUERIES
Q. How many penalty points offences are there?As of 3rd April penalty points apply to 36 road traffic offences. The Road Traffic Act, 2002*, which is the legislative basis for the system of penalty points, sets out an extensive list of offences which will attract penalty points under the Act. Penalty points will be applied in respect of a wide range of offences, the commission of which have a potentially negative impact on road safety. These include excessive speeding, red light running, poor lane discipline, non-compliance with stop and yield signs and a number of offences relating to vehicle safety and driver licensing.
(*PDF version of Road Traffic Act, 2002 and explanatory memorandum available on The Department of Transport Website www.transport.ie or here)
Q. What changes to the penalty points system happens on 3rd April?From 3rd April 2006 there will be 31 new penalty point offences as part of a major crackdown on irresponsible driver behaviour.
The move brings to 36 the total number of penalty point offences.
Among the new offences, to apply from April, are failure to obey stop/yield signs, dangerous overtaking, failure to obey traffic lights and crossing central white line markings.
This is on top of the existing offences of speeding, non-seatbelt wearing, driving with no insurance and careless driving.
Q. Are there any changes to the way the penalty points system is administered?From the 3rd April 2006 the way the penalty points system is administered changes significantly. Most notably the Garda fixed charge payment system will be computerised and the Garda pulse system linked to the courts for the roll out of the extended penalty points system. This will undoubtedly enhance the efficiency of the system and hopefully its effectiveness in acting as a serious deterrent for drivers. Up to now the system has been administered on a manual basis.
Q. Have I any recourse if I am issued with a penalty point?A. If you pay the fixed charge, you are pleading no contest and accepting that the points will be endorsed on your licence record. You can opt however to go to court in which case, you have the opportunity to defend your actions. If you are acquitted, obviously there is no question of penalty points being endorsed. However, you run the risk of incurring a higher number of penalty points, if found guilty. You are of course entitled to appeal a case to a higher court if you wish to contest the finding of the court. No penalty points will be endorsed on the licence record until all appeals procedures which are availed of by an individual, have been completed and notification is received from the Courts Service in the event that a conviction is imposed.
Q. What is a fixed charge?A. The Fixed Charge system replaces the "on-the-spot-fine" system, with effect from the 3rd April 2006. As well as applying to the majority of penalty point offences, the fixed charge system is also being extended to apply to a range of non-penalty point offences. The fixed charge system, which currently applies to 3 offences, is being extended to almost 60 offences in total. This includes the majority of the 36 penalty point offences and all of the offences to which on-the-spot fines applied. The amounts of the fixed charges represent a significant increase on the levels of on the spot fines. The introduction of the fixed charge system has afforded the opportunity to introduce a number of improvements on the existing "on the spot fines" system. The main features of the new system are:
- The certainty that any person who is being accused of the commission of a fixed charge offence will be afforded the opportunity to pay the charge.
- The introduction of a two tiered charge through which the level of charge will increase by 50% if payment is not made within 28 days of the issue of the notice - the increased amount must be paid within a further period of 28 days so as to avoid court proceedings.
- The introduction of an explicit requirement that where the registered owner of a vehicle was not driving or using the vehicle he or she must give the name, address etc of the driver of the vehicle.
The Act also provides that unless another person is identified as the driver it will be assumed that the registered owner was driving the vehicle at the time of the occurrence of the alleged offence.
Q. How many penalty points must I get before I am banned from driving?A. The threshold is 12 points. If 12 points accumulate on a licence record within 3 years, a notice will issue informing the licence holder that they have been disqualified for 6 months and that they must surrender their licence at their local Motor Taxation Office.
Q. Is there a requirement to carry my driving licence with me?A. Yes. Since 1 January 2003 it is an offence for any person to drive without being in a position to produce their licence on request from a Garda. It is also an offence to fail to submit a licence within 10 days to a Garda station where so requested. At present penalty points do not apply to this offence. In the meantime it will be an offence under the Road Traffic Acts attracting a maximum fine on conviction of €800.
SEATBELT QUERIES
Q. Will penalty points be issued for non seatbelt wearing offences detected from fixed speed cameras?No. Photographic traffic camera images etc of drivers will not be used for the detection of breaches by drivers of the 1991 safety belt requirements. Seat belt offences will be detected by Gardai in direct roadside intercepts.
Q. Will a driver be liable for penalty points if passengers over 17 years of age are not restrained in a vehicle?A driver will not be responsible for the compliance of a passenger (aged 17 and over) in relation to the use of a safety belt and will not be liable to incur a fixed charge or penalty points for any breach of the 1991 safety belt regulations committed by that passenger.
A fixed charge of €60, which increases to €90 after 28 days, or prosecution in court applies to any passenger aged 17 or over who does not wear a safety belt while being driven in a vehicle in a public place.
Q. Will I receive penalty points for each person found not wearing a seat belt in a vehicle at any one time?Scenario: a driver, when stopped by a Garda who detects seat belt offences, could in addition to an offence for non-wearing of a seat belt on his/her part, be liable for several other seat belt offences if for example he/she had several passengers under 17 years who were not wearing the safety belt/child restraints available.
The fixed charge of €60 if paid within 28 days or €90 if paid within further 28 day period would arise in respect of each separate offence but in a single occasion detection of this nature, penalty points would only attach for one offence and not at a rate of 2 points for each of the multiple offences involved. Likewise, if the driver opts to go to court in respect of some or all of the seatbelt offences alleged, he/she would, if convicted in respect of several seat belt offences still just get 4 penalty points on his/her driving licence arising from a single occasion detection.
Q. Will I receive penalty points if there are no seatbelts available in the vehicle to restrain all my children?The requirement to wear a safety belt or to be restrained by a child restraint shall not apply to a person under 4 years occupying a seat, not being a front seat, of a vehicle in which there is no unoccupied appropriate child restraint.
Q. What happens if I am stopped and a number of penalty point offences are detected?Will I receive penalty points for each one? No. Using the scenario from the previous answer it should be borne in mind that the same driver in that scenario could have committed a speeding offence also and have been uninsured. The no-insurance offence is not a fixed charge offence so if convicted in court for driving without insurance and 5 penalty points are imposed then that being the highest number of penalty points attaching to any of the multiple offences involved would be the total number of penalty points endorsed on that drivers licence record on this occasion. The fixed charge for every individual offence, or a fine in court for every individual convicted offence, would apply however.
SPEEDING QUERIES
Q. How many penalty points will I get if I am caught speeding?A. The number of penalty points applicable to speeding is 4, if you are found guilty in a court of a speeding offence. The maximum fine for a first offence is €800. If on the other hand, you opt to pay the fixed charge of €80 within 28 days of the issue of the Fixed Charge notice from the Gardaí, you are effectively pleading no contest and 2 points will be endorsed on your licence record. If you pay within the second 28-day period, the fixed charge increases to €120, and the number of points endorsed remains at 2.
Q. What is the fine for speeding?A. The fine which can be imposed by the Courts for speeding is €800. A comprehensive revision of penalty maxima is provided for in the 2002 Road Traffic Act and all revised levels were commenced with effect from 31 October, 2002.
Q. Are penalty points graded (i.e. will I get more points for doing 30km/h over the limit than 5km/h over the limit?)A. No. It should be re-emphasised that this is a deterrent system and the intended effect of these new arrangements is to instil greater caution and responsibility in motorists in relation to their driving. It is the deterrent value of the system which should be emphasised rather than the actual value of the points. In addition to the calling into question of the role of the system, if it were to provide for different levels of points based on the severity of particular instances, it could be seen to be promoting a judgmental approach. This may be questioned against the background of the respective roles of the Oireachtas and the Courts. It should also be noted that the Gardai have discretion as the enforcers of the law, and can charge an alleged offender with the offence of careless/dangerous driving depending on the circumstances/severity of the offence.
Q. Will penalty points be issued from fixed speed cameras?A. Yes. Where an alleged offence is detected by a fixed speed camera, the fixed charge notice will be sent to the registered owner. There is an explicit requirement that where the registered owner of a vehicle was not driving or using the vehicle he or she must give the name, address etc of the driver of the vehicle. The Act also provides that unless another person is identified as the driver it will be assumed that the registered owner was driving the vehicle at the time of the occurrence of the alleged offence.
Q. If my vehicle is caught by a fixed camera, what happens if I am not the person driving the vehicle?A. The Gardai will issue the fixed charge notice to the registered owner of a vehicle in the event that the offence is detected by a fixed speed camera. The registered owner is afforded the opportunity to name the driver. Indeed, it is an explicit requirement that where the registered owner of a vehicle was not driving or using the vehicle he or she must give the name, address etc of the driver of the vehicle. On foot of receipt of this information from the registered owner, the fixed charge notice will issue to the named driver, on whose licence record the points will be endorsed, either on payment of a fixed charge or a court conviction.
INSURANCE QUERIES
Q. How are penalty points for no insurance imposed?Driving without insurance is generally punishable by a fine of up to EUR2,500, 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.
In the case of a first offence of driving without insurance, the court may decide in special cases not to impose a period of disqualification or to impose a period of disqualification of less than a year. Since 1st 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.
The commission of a second offence for driving without insurance leads to an automatic disqualification.
In addition, it should be noted that where a member of the Garda Síochána believes that a mechanically propelled vehicle being used in a public place, which is registered in the State, is being driven without insurance, the vehicle may be impounded.
CARELESS DRIVING QUERIES
Q. How are penalty points for careless driving imposed?Careless driving is a broadly based offence that allows Gardai scope to include any specific behaviour by drivers that in their opinion constitutes careless driving and therefore a danger to other road users. Careless driving is a serious offence.
If convicted a driver will typically receive a fine, for repeat offenders there is a max fine of €1,500 and or a six months jail term.
Since June 2004 those convicted in the courts of careless driving will receive 5 penalty points on their license record in addition to a fine that may be imposed by the courts.
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