Written answers

Tuesday, 7 March 2006

Department of Transport

Road Traffic Offences

11:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 124: To ask the Minister for Transport when he intends to address the loophole which allows drivers with 12 penalty points to continue to drive; and if he will make a statement on the matter. [9081/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The penalty point system applies points to a driver's record and provides for that person to be disqualified when he or she has accumulated 12 points. On receipt of notifications from the Garda Síochána or the Courts Service that a fixed charge has been paid, or a person has been convicted of a penalty point offence, the Department of the Environment, Heritage and Local Government, endorses the licence record in the national driver file with the appropriate number of penalty points and issues a notification to the person concerned.

Any driver who accumulates 12 penalty points is automatically disqualified for a period of six months under section 3 of the Road Traffic Act 2002. The person concerned is notified he or she is disqualified and directed to surrender his or her licence to the appropriate licensing authority. It is an offence under section 5 of the Road Traffic Act 2002 to fail to surrender a driving licence to a licensing authority.

The Garda Síochána can access the information on driver records held in motor tax offices. However, in order to ensure that the Garda Síochána is aware of disqualifications, the notification process has recently been strengthened and a copy of the disqualification letter is now sent directly by the Department of the Environment, Heritage and Local Government to the Garda Commissioner. A copy is also being sent to my Department.

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