Written answers

Thursday, 27 October 2005

Department of Transport

Penalty Points System

5:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 227: To ask the Minister for Transport the status of penalty points attached to records of all drivers as a result of speeding offences measured by equipment subsequently found to be in breach of legislation by the courts as in the case of Garda laser gun technology; if he has formed a policy on the appropriateness of the continuation of such points; and if he will make a statement on the matter. [31191/05]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The Road Traffic Act 2002 provides that penalty points are endorsed on a licence record where a person has been convicted of an offence that attracts such points or where the person chooses to pay a fixed charge in respect of such an offence.

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 is in effect a statement by the payee that he or she will not contest the accusation referred to in the notice, thus ensuring that the matter will not proceed to a hearing before a court. Following receipt 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.

Where a person has been convicted by a court of the commission of a speeding offence, four penalty points will be endorsed on the licence following the expiry of the period established for the making of an appeal against the conviction.

The Act provides for the removal of penalty points 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. Penalty points on a licence record may also be removed on foot of an order of a court requiring the Minister to remove penalty points from a licence record arising other than as a result of a late appeal.

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