John Curran (Dublin Mid West, Fianna Fail)
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Question 414: To ask the Minister for Transport his views on a change to the relevant legislation whereby the offence of breaching a three ton restricted area would in addition to a fine also incur penalty points for the driver in view of the fact that the present fine system makes no distinction between a person committing this offence for the first time and a repeat offender. [41261/06]

Martin Cullen (Waterford, Fianna Fail)
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The policy in relation to the range of offences, scheduled in the Road Traffic Acts, to which the penalty points system can be applied is that the focus in relation to all such offences is on safety.

At present a road authority may apply a road traffic regulation to prohibit access to a road or area to large vehicles where the unladen weight of such vehicle exceeds the weight specified on the regulatory road traffic sign provided at the entrance to that road. However an exemption is permitted in respect of a large vehicle that has no option but to go past the regulatory sign to access premises located on that road. This exemption therefore legally permits large vehicles to be driven on that road in those specified circumstances. Therefore the fact that such a vehicle is driven on the road cannot, of itself, be regarded as a road safety issue and accordingly it is not appropriate to schedule that offence to come within the ambit of the penalty point system.

Since 3 April 2006 the illegal breach of the weight restriction regulation was brought within the remit of the fixed charge system. A driver of a vehicle who does not comply with the regulation is liable to be issued with a fixed charge notice by a Garda and then has the option to pay a fixed charge of €60 within 28 days or that amount increased by 50% within the following 28 days. If the person opts not to pay the fixed charge then he or she will be prosecuted in court.

The monetary penalty provisions contained in the Road Traffic Act 2002 provide for a higher monetary penalty for a repeat offender. If a person is convicted in court of breaching the weight limit restriction then he or she is liable on a first offence to a fine of up to €800, for a second or subsequent such offence is liable to a fine not exceeding €1,500 and if the offence is a third or subsequent such offence committed within 12 months he or she is liable to a fine not exceeding €1,500 or imprisonment for a term not exceeding 3 months or both. The level of fine that is imposed by the court in any instance is at the discretion of the court.

Furthermore the Road Traffic Act 2006 provides that the fine of €800 referred to above be increased to €1,000 and that the fine amounts of €1,500 be increased to €2,000 in each case. I propose to commence the relevant provision shortly to provide for the increased level of fines.