Dan Boyle (Cork South Central, Green Party)
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Question 48: To ask the Minister for Transport the action he has taken to close the operational anomaly that penalty points do not appear on a driver's licence, that there is no penalty attached to the offence of failing to surrender a driving licence, thereby allowing drivers with 12 penalty points to continue driving. [29909/06]

Martin Cullen (Waterford, Fianna Fail)
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The Road Traffic Act 2002 provides that penalty points will be endorsed on a person's licence record and not on the licence.

Under section 5(3) of the Road Traffic Act 2002 it is an offence not to comply with a direction to surrender your licence when you are disqualified having reached 12 points. This offence attracts a fine of up to €800 in the case of a first offence or a fine of up to €1,500 for a second or subsequent offence.

Anyone driving while disqualified is guilty of an offence under section 38 of the Road Traffic Act 1961 as amended and is liable to a fine of up to €5,000 or up to six months imprisonment or both.