Penalty points loophole means drivers ignoring disqualification benefit

Further evidence has emerged that disqualified drivers are continuing to drive and commiting traffice offences. New figures show there are more than 400 drivers with 13 or more penalty points on their licence and that one motorist has accrued 30 points.

It has also emerged that a driver who ignores their ban and continues to drive and offend will still see 12 points removed from their licence at the end of their 6-months off the road, even though they did not observe the ban.

A spokesman for the Road Safety Authority said this was unacceptable and that the authority was looking at ways to address this loophole.

Under the penalty points system once a driver accrues 12 points they receive an automatic administrative six-month driving ban at the end of which 12 points are removed from their licence.

In certain circumstances a driver can receive in excess of 12 points. For example, if a motorist on 10 points is convicted of speeding in court they will receive five points, bringing them to a total of 15.

In such cases this driver must serve their 6-months off the road at the end of which 12 of their 15 points will be expunged. The remaining three points will stay on the licence for three years.

According to the RSA, 388 drivers have between 13 and 18 points on their licence; 14 have between 19 and 23 points and two have between 24 and 30, one of whom is on 30 points.

It is understood most of the drivers with more than 15 points are those who ignored their driving ban and have continued to drive and have subsequently been detected committing traffic offences.

It is also understood a small cohort in this group may have had a two licences, which when discovered were then merged into one record resulting in a high penalty points total.

The issue of disqualified drivers ignoring their ban is long standing.

Between 2008 and 2012, RSA research suggests disqualified drivers were responsible for 7 per cent of fatal crashes - resulting in the loss of between 11 and 14 lives a year.

All disqualified drivers are obliged to return their licence to the RSA for the duration of their time off the road but 98 per cent fail to do so.

While it is a criminal offence to fail to surrender the licence, a combination of a lack of Garda manpower and refusal by offenders to obey the law means very few drivers are prosecuted for this.

In 2015 gardai were given new powers to arrest disqualified drivers on the spot and bring them to court immediately. Previously they had to secure a summons prior to arrest. At that time around 10 per cent of the 13,000 motorists disqualified each year were prosecuted driving during their ban.