Tommy Broughan (Dublin North East, Labour)
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Question 67: To ask the Minister for Transport the position in regard to motorists who received endorsements, penalty points and fines for speeding in urban areas in south Dublin in which new speed limits were imposed without proper by-laws; the number of motorists who received endorsements, penalty points, and fines in these areas who may be entitled to appeal the punishment; the timeframe for clearing all endorsements, penalty points and fines; if he has ensured that the new limits have been imposed with the proper by-laws; and if he will make a statement on the matter. [12483/04]

Séamus Brennan (Dublin South, Fianna Fail)
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The Road Traffic Acts provide for the direct application of speed limits to all roads. Under the provisions of the Road Traffic Act 1994, separate speed limits apply to roads in built up areas, to roads outside such areas generally and a specific speed limit applies to motorways.

The 1994 Act also provides that local authorities may make by-laws through which the speed limits that apply on a default basis under that Act can be changed in respect of roads specified in such by-laws. These by-laws are made by the elected members of the local authorities following consultation with the Garda Commissioner and, in the case of national roads, with the consent of the National Roads Authority.

Where a person is detected exceeding a speed limit, he or she is offered the opportunity to pay a fixed charge. The making of such a payment will ensure that the matter will not proceed to a hearing before a court. As a consequence of the payment of a fixed charge in respect of a speeding offence, the licence record of the person is endorsed with two penalty points. If, however, the matter proceeds to court and the person is convicted, four penalty points will be endorsed.

There is no basis for a refund of a fixed payment provided for in the Road Traffic Acts. The only basis for the removal of penalty points provided for in the Act is where a court accepts a late appeal from a person convicted of a penalty point offence and following the hearing of the appeal sets aside the original conviction. To date no driver has had penalty points removed from their driving licence record.

As the payment of fixed charge is in effect an acceptance by the person that he or she has breached a speed limit, there can be no question of the making of a refund and that principle is provided for in section 11 of the Road Traffic Act 2002, which provides the legislative basis for the operation of the fixed charge system. The enforcement of speed limits, whether applied directly through the 1994 Act or by way of by-laws made under that Act, is a matter for the gardaí.

While I have no direct function in relation to the making of speed limit by-laws, my Department has, in the context of the review of speed limits which will give rise to the introduction later this year of a new speed limit system based on metric values, written to all county and city councils advising them of the need to ensure that all of the speed limits deployed in their areas are supported by the appropriate legal structure. By way of response to that advice, my Department was informed by South Dublin County Council that by-laws were in place to support speed limits in their area.