Enda Kenny (Mayo, Fine Gael)

I move amendment No. 14:

In page 7, between lines 15 and 16, to insert the following:

5.—The Act of 2002 is amended by:

(a) inserting the following new subsection after subsection (3) in section 1:

"(4) Responsibility for the maintenance, operation and alteration of the licence record shall vest in the Road Safety Authority.",

(b) deleting section 2(2) and substituting the following:

"(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule shall, subject to and in accordance with the provisions of this Act—

(a) be endorsed on the entry relating to the person in respect of the offence,

(b) be entered into the record of the Garda PULSE system, and

(c) be endorsed upon that person's driving licence by an Garda Síochána.",

(c) inserting the following new subsection after subsection (5):

"(6)(a) Upon receipt of a notice under section 5 of this Act, a person shall, within 14 days, surrender his or her licence to a Member of an Garda Síochána at any Garda station, so that the penalty points under this section may be endorsed upon it.

(b) A person who fails to surrender his or her licence under this subsection shall be guilty of an offence, which shall be punishable by a fine not exceeding €80 for each offence until the said licence has been endorsed in accordance with subsection (a) of this section.

(d) deleting section 5 and substituting the following:

5.—(1) When penalty points are endorsed on the entry of a person, the Minister shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—

(a) to the effect that the number of penalty points specified in the notice has been endorsed on the entry relating to the person following—

(i) the making by the person of a payment referred to in section 2(1), or

(ii) the conviction of the person of a penalty point offence,

and that, subject to section 3(2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and

(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number equals or exceeds 12, specifying that the person will be disqualified under section 3 for holding a licence for a period of 6 months, beginning on the appropriate date, and directing him or her to submit the licence held by him or her to the licensing authority that granted the licence not later than 14 days from that date.

(2) When a notice is given or sent to a person under subsection (1), the Minister shall cause—

(a) particulars of the notice, including its date, to be entered on the entry relating to the person,

(b) a copy of that notice to be sent to an Garda Síochána, and

(c) particulars of the notice, including its date, to be entered on the Garda PULSE system.

(3) A person who does not comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection shall be guilty of an offence.

(4) An Garda Síochána shall—

(a) have jurisdiction to seek the surrender of a licence in the name of person to whom a notice has been given or sent under subsection (1), in the same manner as if a court order had been issued for the forfeiture of that licence, or

(b) seek a court order for the forfeiture of that licence under this Act.

See this speech in context