Written answers

Tuesday, 22 September 2015

Department of Transport, Tourism and Sport

Penalty Points System

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

1583. To ask the Minister for Transport, Tourism and Sport regarding the service of fixed charge notices where the recipient claims in court that service was never received, his plans to amend legislation to provide for secondary service of such a notice and adjournment of court appearance instead of facilitating the person avoiding any consequences; and if he will make a statement on the matter. [31911/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

​The fixed charge notice system was introduced in 2002.  Overall the system has worked very well with over 70% of those receiving fixed charge notices opting to pay within the time stipulated.  

Under legislation currently in effect, a person issued with a fixed charge notice has 28 days in which to pay.  If they do not, they are given and further 28 days in which to pay the original charge plus 50%.  Only if they have not paid after 56 days is a summons to court issued.

  Section 44 of the Road Traffic Act 2010 provides for a  "third payment option" whereby a person will receive a third and final payment of option of the original fine plus 100% at the same time as they receive a summons to court.  This will render any attempt to argue in court that a fixed charge payment notice was not received impossible, as by definition those appearing in court will have received the payment notice with their summons. A sub-group of the Criminal Justice (Fixed Charge Processing System) Working Group has worked through the operation of the proposed third payment option and identified the broad changes to existing systems and procedures that are necessary.  A Memorandum of Understanding between my Department  and the Department of Justice and Equality has been agreed with respect to capital funding for the project and sanction has been received from the Department of Public Expenditure and Reform to proceed with the project.  A project Steering Group comprising representatives of Department of Justice and Equality, Department of Transport, Tourism and Sport, An Garda Síochána, and the Courts Service has been established to oversee implementation of the project. 

I expect that the legislation will be commenced in mid 2016. 

Comments

No comments

Log in or join to post a public comment.