Seanad debates

Wednesday, 14 May 2003

I would like to discuss briefly the issue of penalty points being imposed on those involved in transport businesses. Grave concerns have recently been expressed to me about the system. If one goes to court after being given penalty points, the award of double points by the judge is mandatory if one's appeal is unsuccessful. This seems a little harsh, as one is not given the opportunity to explain any mitigating circumstances. The Minister should examine this area once more, as it seems to fly in the face of the civil rights of those affected. There may be confusion about the identity of the driver of a car, for example. The person in whose name the car is registered may be given penalty points even though he or she can prove that somebody else was driving the car. The Garda is now judge and jury, in effect. If one goes to court to contest the award of penalty points by a garda or explain one's case, the judge will come down on the side of the garda. This is a dangerous precedent to set and we need to examine the issues involved. The issue of redress needs to be examined in the cases of those involved in the transport business.

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