Written answers
Thursday, 9 February 2006
Department of Transport
Road Traffic Offences
5:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 150: To ask the Minister for Transport, further to Question No. 137 of 2 February 2006, the offences to which penalty points will not apply following the extension of penalty point categories in April 2006. [4948/06]
Martin Cullen (Waterford, Fianna Fail)
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As I indicated in my reply to Question No. 137 of 2 February, the extension of the application of the penalty points system, which will be implemented with effect from April next, is focused on those penalty point offences that relate to driver behaviour. The concentration on that group of offences is supported by the fact that driver behaviour is the primary contributory factor in some 86% of all fatal collisions.
The roll out planned for April is facilitated by the launch by the Garda SÃochána of IT programmes necessary for the operation of both the penalty points system and the associated fixed charge system, which, I understand, are being operated on a test basis at present.
The overall list of offences to which the penalty points system is to be applied is set out in the First Schedule to the Road Traffic Act 2002, as subsequently amended. I will authorise further roll outs of that system following the successful implementation of the April initiative.
The following table lists those offences that will not be the subject of the April rollout. It relates primarily to offences in the categories relating to vehicles and their use, lighting of vehicles and the licensing of drivers.
| Offence | General description of offence |
| Offence under section 12 of Road Traffic Act, 1961 | Using vehicle â |
| (a)whose weight unladen exceeds maximum permitted weight, | |
| (b)whose weight laden exceeds maximum permitted weight, or | |
| (c)any part of which transmits to ground greater weight than maximum permitted weight. | |
| Offence under section 18 of Road Traffic Act, 1961 | Using vehicle without test certificate. |
| Offence under section 20(10) of Road Traffic Act, 1961 | Driving vehicle before remedying dangerous defect. |
| Offence under section 38 of Road Traffic Act, 1961 | Driving without a licence. |
| Offence under section 39 of Road Traffic Act, 1961 | Applying for a licence while disqualified for so applying. |
| Offence under section 40 of Road Traffic Act, 1961 | Failure to produce a licence to member of Garda SÃochána. |
| Offence under section 54 of Road Traffic Act, 1961 | Driving dangerously defective vehicle. |
| Offence under section 115 of Road Traffic Act, 1961 | Furnishing false or misleading particulars in connection with application for licence. |
| Offence consisting of contravention of article 10 (S.I. No. 190 of 1963) | Using vehicle whose width exceeds maximum permitted width. |
| Offence consisting of contravention of article 11 (S.I. No. 190 of 1963) | Using vehicle whose length exceeds maximum permitted length. |
| Offence consisting of contravention of article 16 (S.I. No. 190 of 1963) | Using a vehicle with defective or worn tyres. |
| Offence consisting of contravention of article 23 (S.I. No. 190 of 1963) | Using a vehicle from which driver has inadequate view of road and traffic. |
| Offence consisting of contravention of article 24 (S.I. No. 190 of 1963) | Using vehicle whose windscreen is not of safety glass or gives distorted view. |
| Offence consisting of contravention of article 25 (S.I. No. 190 of 1963) | Using vehicle not fitted with efficient windscreen wiper. |
| Offence consisting of contravention of article 26 (S.I. No. 190 of 1963) | Using vehicle not fitted with adequate driving mirror. |
| Offence consisting of contravention of article 46 (S.I. No. 190 of 1963) | Using vehicle whose brakes are inadequate. |
| Offence consisting of contravention of article 3 (S.I. 96 of 1971) | Using vehicle not fitted with adequate anchorage point for safety belts. |
| Offence consisting of contravention of article 4 (S.I. 96 of 1971) | Using vehicle not fitted with safety belts. |
| Offence consisting of contravention of article 10 (S.I. No. 360 of 1978) | Using motor cycle without wearing a crash helmet. |
| Offence consisting of contravention of article 11 (S.I. No. 360 of 1978) | Permitting passenger not wearing crash helmet to be carried on motor cycle. |
| Offence consisting of contravention of article 4 (S.I. No. 158 of 1985) | Using vehicle not equipped with rear underrun protective device. |
| Offence consisting of contravention of article 5 (S.I. No. 158 of 1985) | Using vehicle not equipped with side-guard. |
| Offence consisting of contravention of article 3 (S.I. No. 299 of 1993) | Using vehicle not equipped with speed limitation device. |
| Offence consisting of contravention of article 4 (S.I. No. 299 of 1993) | Using vehicle equipped with speed limitation device not complying with specified requirements. |
| Offence consisting of contravention of article 5 (S.I. No. 299 of 1993) | Using vehicle equipped with speed limitation device not sealed or not sealed in compliance with specified requirements. |
| Offence consisting of contravention of article 4 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 2002 (S.I. No. 93 of 2002) | Use by driver of vehicle of mobile phone while in the vehicle in a public place except when the vehicle is parked. |
| Offence consisting of contravention of sub-article (1) of article 9 | Using vehicle not equipped with required lamps and identification mark lighting. |
| Offence consisting of contravention of sub-article (2) or (3) of article 9 | Using trailer not equipped with required lamps and identification mark lighting. |
| Offence consisting of contravention of sub-article (4) of article 9 | Using vehicle not equipped with required rear projecting load lamp or lateral projecting load lamp. |
| Offence consisting of contravention of sub-article (5) of article 9 | Using trailer not equipped with required marker lamp. |
| Offence consisting of contravention of sub-article (6) of article 9 | Using public service vehicle not equipped with required internal lighting. |
| Offence consisting of contravention of sub-article (7) of article 9 | Using vehicle not equipped with required direction indicators. |
| Offence under section 42 of Road Traffic Act, 1961, consisting of contravention of sub-article (6)(b)(iv) of article 20 | Holder of provisional licence driving vehicle (other than motor cycle) when not accompanied by and under supervision of qualified person. |
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