Penalty scheme to include 68 road traffic offences

Twelve points in a three-year period equals a six-month ban.

Twelve points in a three-year period equals a six-month ban.

This is the simple formula behind the penalty points system announced in legislation yesterday.

Some 68 offences are listed under the Road Traffic Bill 2001 to which penalty points are attached.

These range from one to three points in the case of offences met by the payment of a fixed charge to gardai to three to five points in the case of those leading to a conviction in court.

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The most serious driving offences, such as drink driving, already attract automatic disqualification upon first court conviction and so are not included in the schedule.

Among those listed are speeding (two points rising to four on conviction), breaking a red light (two points rising to five) and using a vehicle with a defective windscreen wiper (one point rising to three).

Drivers are liable to two penalty points, rising to four on conviction, if they fail to wear a seat belt. They face a similar penalty if they allow a person under 17 years to occupy a front or rear seat without a seat belt.

Provisional licence-holders are also addressed by the legislation. If caught driving unaccompanied they will receive one penalty point with a fixed charge or three points on conviction.

The fixed charges for each offence have yet to be decided. If not paid within 28 days the charges will be doubled in accordance with a provision in the Bill.

With most offences a driver can chose whether to pay the fine or opt for a court hearing, with the latter bringing a higher points penalty, and fine, upon conviction.

Some offences, however, are deemed too serious to be dealt with by a fixed charge and must go to court. These include careless driving and driving a dangerously defective vehicle, both of which entail five-point penalties on conviction.

Certain acts, such as driving while speaking on a mobile phone, are not included in the schedule. The Minister of State for the Environment, Mr Bobby Molloy, said these would be covered under the offence of dangerous driving.

The points attached to each offence have a three-year lifespan. If 12 points are accumulated within that time a six-month disqualification follows.

Drivers do not have to re-sit the test after the half-year period elapses, and their points return to zero.

Insurance companies will not have access to data on penalty points from the Garda, which is charged with enforcing the system, but they will have notification of any disqualifications.

Joe Humphreys

Joe Humphreys

Joe Humphreys is an Assistant News Editor at The Irish Times and writer of the Unthinkable philosophy column