Seanad debates

Wednesday, 14 June 2006

Road Traffic Bill 2006: Committee Stage.

 

1:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

I move amendment No. 51:

In page 8, subsection (13), line 38, to delete "€1,000" and substitute "€3,000".

Both amendments seek an increase in the fine. I put forward amendment No. 51 because the existing wording does not recognise the full seriousness of the offence. This subsection imposes a penalty for an offence under the preceding section which applies to the requirements for a person whose licence has been suspended to surrender his or her licence to the licensing authority. We have read in the press that many people get around the suspension by failing to hand over their licences. This allows them to continue driving and if they are stopped for a routine inspection there is nothing to show the inspecting garda that the licence has been suspended. That is a serious offence and to impose a maximum fine of €1,000 is no more than a slap on the wrist. We need to show people that we mean business about taking away their licences and following up on the procedures involved. I therefore propose that we increase the maximum level of this penalty to €3,000, which is still a small amount. As I mentioned here some time ago, I was impressed in Finland recently that the fines are related to one's income. A senior executive in one of the telephone companies was fined approximately €200,000 for a motorbike offence because he happened to have high earnings that year. Somebody else might have been fined only €30 or €40. A fine of €1,000 is not sufficient.

Amendment No. 91 proposes replacing €2,000 with €3,000 on page 16, line 24, similar to amendment No. 51. I propose this amendment because the penalty in the Bill is not appropriate to the gravity of the offence of not having a valid driving licence. The subsection provides for a reduced fine where the person has had a valid licence but failed to renew it during a period of 12 months after it expired. The penalty in that case is a maximum of €1,000, which should be an effective deterrent that would encourage people to be diligent about renewing their licence. That situation aside, the offence is of not having a licence at all. A maximum fine of €2,000 is not in proportion with the seriousness with which we should regard that offence. I admit that driving without a licence is not as serious as driving without insurance, which should result in the vehicle the person is driving being impounded. However, given the importance we attach to driver testing and the difficulties in that area, it is not sensible to regard the offence of driving without a valid licence as anything other than serious. That is why I suggest we raise the maximum fine in this case from €2,000 to €3,000. The Minister spoke about the fines earlier and I was interested to hear that there is a separate fines Bill that will probably relate this to inflation. However, in both these cases €1,000 is not a heavy fine and I urge the Minister to consider increasing them to €3,000.

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