Bernard Durkan (Kildare North, Fine Gael)
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Question 247: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that recipients of penalty points who paid their on the spot fines are as fairly treated as those who appeal the fines associated therewith to the Courts; and if he will make a statement on the matter. [27710/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The legislation governing the penalty points system is set out in the Road Traffic Acts 2002-2006 which are the responsibility of my colleague the Minister for Transport. The option to pay an applicable fixed charge for certain road traffic offences and to receive a reduced number of penalty points is available to a driver who has received a fixed charge notice in lieu of going to court. The choice in each case is a matter for the individual.

When a person chooses to have their case heard in court and is convicted then he or she is liable to whatever monetary fine the court may impose and the full number of penalty points that apply to that offence are entered against their driving licence record.