Jack Wall (Kildare South, Labour)
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Question 114: To ask the Minister for Transport if he will reform the penalty points system to address the issue of up to two thirds of drivers who accumulate twelve penalty points failing to voluntarily give up their driving licences as they are legally obliged to do; the consultation he has undertaken with the Department of Justice, Equality and Law Reform and the Courts Service to reform the present mechanism for the collection of fines for motoring offences and to permit gardaí to arrest disqualified drivers at road checks; and if he will make a statement on the matter. [3416/08]

Noel Dempsey (Meath West, Fianna Fail)
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The provision in the Road Traffic Acts in this context is not a voluntary one. Where a person has accumulated 12 penalty points and is to be disqualified for holding a licence for a period of 6 months, they are required to submit their driving licence to the issuing licensing authority within 14 days, and failure to comply is an offence.

The penalties on summary conviction for that offence are, in the case of a first offence a fine of up to €1,000 and in certain cases to a fine of up to €2,000, or imprisonment for up to three months, or both a fine and imprisonment.

Enforcement of this and other provisions of the Road Traffic Acts is a matter for An Garda Síochána and the realisation of fines is a matter for the Courts Service. Any reform of the fine collection system is a matter for the Department of Justice, Equality and Law Reform and the Courts Service.

Comprehensive reporting arrangements are in place under the present penalty points system to ensure that the Garda Síochána are notified of all drivers disqualified on the basis of having accumulated 12 penalty points. It is a matter for the Garda Síochána to follow up with the issue of summons to drivers who have failed to surrender their licence to a motor tax office within the statutory 14 day period.

A person who drives while disqualified from holding a licence commits the offence of driving without a licence. The Garda can prosecute the driver in respect of that offence in addition to prosecution of the separate offence of failing to surrender their licence where disqualified on the basis of having accumulated 12 penalty points.

As I indicated in my response to the priority question, my officials are eliciting proposals for possible inclusion in the forthcoming Road Traffic Bill. Any proposal to arrest disqualified drivers can be considered in that context.