Dáil debates

Tuesday, 11 December 2007

7:00 pm

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)

When the penalty points system was introduced people feared the effect it would have on their insurance premia and the loss of their licences. As time went on it became apparent that the system was flawed. When any system is introduced it should be possible to review it, identifying its flaws and strong points.

This motion seeks a general review of the system and to fine tune some points. Even the Government amendment recognises that mandatory blood alcohol testing has decreased the number of road accidents. Some weeks ago Opposition Members put forward an agreed motion seeking mandatory testing at all accident sites.

The courts have been identified as the way out of paying fines and accruing points. Summonses are not being processed and are not coming to court. The amendment seeks to impose a greater onus on the court system by recognising that people have that option. The only option to consider is that when speed cameras catch someone speeding, or committing some other offence, the onus is on the owner of the car to prove categorically that he or she was not driving. This can happen between husbands and wives or brothers and sisters, in open insurance policies. That should be the only situation in which one can make a case and give demonstrable proof that it happened.

There is a perceived inequality between drivers with Irish driving licences and those from other parts of the world. Even on the N11 in Wicklow one sees non-national drivers, with left-hand drive cars, effectively on the wrong side of the road. There is a perception that people who do not comply with basic standards of road safety and are not even aware of the rules of the road are being allowed to drive yet they cannot accrue penalty points.

If people are prepared to say they did not receive the summons the judge is not in a position to say that they are wrong. The Courts Service has written to us with some suggestions, saying that this is a problem. It has also outlined a problem in collecting licences which have accrued 12 points. Only one in three of those affected surrender their licences voluntarily. The onus is on the individual who receives two notices but 81 have not surrendered their licences. They know they are getting away with it. People are manipulating the rules to suit themselves, as it is human nature to do.

The Minister for Transport is the person who introduced the levy on plastic bags which had to be increased recently because the 15 cent charge was losing its effect. I ask him to consider this motion and support it.

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