| enalty points system for driving offences was | | | | of such notification. |
| introduced in Ireland on 31 October 2002. In April | | | | All penalty points added to your driving licence |
| 2006, fixed charge fines for motorists guilty of | | | | whether by way of payment of the fixed charge |
| driving offences were also introduced. The law | | | | notice or by way of conviction in the courts are |
| governing penalty points is the Road Traffic Act | | | | recorded on the Garda Pulse computer system. |
| 2002. A penalty point is essentially a formal | | | | This enables the Gardai to have access to all |
| reprimand by the Gardai endorsed on your driving | | | | records regarding the number of penalty points |
| licence that shows you are guilty of a specified | | | | on a person's driving licence at any given time. |
| driving offence. By the end of December 2006, a | | | | Penalty points are not physically recorded on your |
| total of 392,775 drivers in Ireland had penalty | | | | licence. They are kept on a database by both the |
| points endorsed on their driving licences. Of that | | | | Department of Transport and and by the Gardai. |
| total number, 270,519 held full driving licences, | | | | How long do penalty points stay on your licence? |
| 35,857 were provisional drivers and 86,399 had no | | | | Penalty points have a three year lifespan. That |
| driving licence. | | | | means they will remain on your current driving |
| The aim of penalty points is to influence and | | | | licence for a period of 3 years from the start |
| improve driver behaviour in Ireland and address | | | | date (effective date). Any period where your |
| the unacceptable levels of death and serious | | | | licence is out of date won't count as part of the 3 |
| injury on our roads. Figures released in 2006 by | | | | years. Where you accumulate 12 points and are |
| the Department of Transport and the Marine | | | | disqualified for a period of six months, the points |
| indicate that 86% of all roads deaths in Ireland | | | | which led to the disqualification are removed at |
| can be attributed to driver behaviour. During 2006 | | | | the end of the 6 months. |
| for example, 368 people were killed on Irish | | | | Example |
| roads, the second lowest figure in the last forty | | | | I received 2 penalty points for a speeding offence |
| years. A total of 2,678 people were killed in the | | | | in June 2003. My driving licence expired in |
| period 2000-2006. | | | | September 2005 but I only renewed it in January |
| Penalty point systems also operate in other | | | | 2006. If I had renewed my licence immediately, |
| countries. International experience has | | | | the points would have stayed on my licence until |
| demonstrated the penalty points system has | | | | June 2006. However, the three months during |
| proven successful in reducing the number of road | | | | which my licence was expired don't count |
| deaths in those countries. While penalty points are | | | | towards the three year of the penalty points. This |
| endorsed on your driving licence, the points do not | | | | means the penalty points will remain on my |
| physically appear on the licence. Instead, your | | | | licence until September 2006. |
| penalty points are recorded on your driving licence | | | | If you are disqualified from driving for a period of |
| record. Driving licence records are held on the | | | | six months as a result of accumulating 12 or |
| National Driver File operated by the Department | | | | more points, the number of points standing |
| of the Environment, Heritage and Local | | | | endorsed on your licence on the date you are |
| Government (note, this is due to be transferred | | | | disqualified (i.e. 28 days after the date of issue of |
| to the Department of Transport and the Marine | | | | written notification from the Department of |
| later in 2007. | | | | Transport and the Marine) will be removed from |
| How does the penalty points system work? | | | | your licence at the end of the six months. This |
| Penalty point offences are recorded on your | | | | means that if you receive any additional penalty |
| driving licence licence if: | | | | points during the six month disqualification period |
| 1.You are convicted of a driving offence that | | | | these points will then be added to your driving |
| attracts penalty points, or | | | | licence when the disqualification is lifted and your |
| 2.You are served with a fixed fine notice in | | | | driving licence returned. |
| respect of an alleged offence that attracts | | | | If you have been notified by the Department of |
| penalty points and you opt to pay the fine rather | | | | Transport and the Marine that you have been |
| than having the matter referred to the courts for | | | | disqualified from driving by virtue of the fact that |
| determination. | | | | you have accumulated 12 penalty points or more |
| 3. No driver in Ireland is allowed drive a vehicle | | | | you will be obliged to surrender your driving |
| while holding 12 current penalty points on their | | | | licence at your local Motor Taxation Office for the |
| driving licence. Any driver that receives 12 penalty | | | | period of six months. |
| points in any 3 year period, will be automatically | | | | What happens if someone else was driving my |
| faced with a 6-month disqualification from driving. | | | | vehicle? |
| Between 2002-2005 a total of 19 people have | | | | In cases where the driving offence was detected |
| been disqualified from driving because they hold | | | | by camera, the fixed charge notice is sent to the |
| 12 penalty points. | | | | registered owner of the vehicle. If the registered |
| Do penalty points apply to all Irish driving licences? | | | | owner was not driving at the time of the offence |
| Yes. Penalty points apply to both provisional and | | | | they should complete the form attached to the |
| full Irish driving licences. Penalty points also apply | | | | notice, giving details of the person who was |
| to drivers with foreign driving licences driving in | | | | driving. This should then be returned to the |
| Ireland. If someone is driving in Ireland on a | | | | relevant Garda Station with the original fixed |
| foreign licence, the driver's details are held on a | | | | charge notice. (Do not enclose payment). The |
| separate database for the purpose of recording | | | | Garda� will then issue a fixed charge |
| penalty points. If that driver applies for and | | | | notice to the driver. |
| obtains an Irish driving licence, the penalty points | | | | Which motoring offences result in penalty points? |
| are then activated on that licence. | | | | The Road Traffic Act 2002 provides that a total |
| Penalty points obtained in other jurisdictions | | | | of 69 motoring offences will incur penalty points. |
| A Convention of Driving Disqualification was | | | | At present, motorists guilty of 36 driving offences |
| adopted by EU Member States in 1998. Ireland's | | | | will result in penalty points. View the current list of |
| Road Traffic Act 2002 provides a framework for | | | | 36 penalty point motoring offences. |
| implementing the Convention. Section 9 is | | | | The following are some examples of how penalty |
| designed to facilitate the entry into force of the | | | | points and fines are awarded. |
| framework for bilateral co-operation with other | | | | 1. Speeding offences: an on-the-spot fine of 80 |
| EU Member States in applying driving | | | | euro, together with 2 penalty points. If you have |
| disqualifications for a number of serious road | | | | been caught speeding on police traffic camera, |
| traffic offences committed in another Member | | | | you will receive notice of your fine and penalty |
| State. | | | | points of the offence by post. You have 28 days |
| Mutual recognition of penalty points between the | | | | in which to pay your fine from the date the |
| UK, Northern Ireland and the Isle of Man already | | | | notice issues to you to pay your fine. If you do |
| exists. The Government and British-Irish Council | | | | not pay your fine, the fine then increases to 120 |
| are currently examining the recognition of penalty | | | | euro which you pay within 28 days. If after this |
| points between Northern Ireland and the Republic | | | | time (56 days) you still have not paid your fine, |
| of Ireland. The Attorney General is currently | | | | you will have to go to your District court. If you |
| examining the complex legal issues involved. | | | | are convicted in Court of speeding offences and |
| When do the points take effect from - the date I | | | | non-payment of fines, you will automatically |
| committed the offence? | | | | receive 4 penalty points and a fine to a maximum |
| No. If you have committed a driving offence that | | | | of 800 euro. |
| incurs penalty points you will receive a written | | | | 2. Seatbelt offences: Failure to wear a seatbelt or |
| notification from the Department of Transport | | | | allow children under 17 years to travel in your |
| and the Marine informing you of the fact that the | | | | vehicle without a seatbelt will incur an n |
| appropriate number of penalty points are being | | | | on-the-spot fine of 60 euro. You must pay this |
| added to your driving licence. This notice will | | | | fine within 28 days, or face an increased fine of |
| include details of your name, address, date time | | | | 90 euro payable within 56 days of the offence. 2 |
| and location of the driving offence concerned and | | | | penalty points will be added to your licence if you |
| confirmation of the fact that you either paid the | | | | opt not to go to court. If you are convicted in |
| fixed charge for the offence or were convicted in | | | | court for non-wearing of a seatbelt, 4 penalty |
| the court of such offence. The notice will also | | | | points will be added to your licence and you will be |
| contain a date on which the notice was issued to | | | | liable to an 800 euro fine for a first offence. Read |
| you. This is the important date as the points will | | | | more about the regulations regarding the wearing |
| only be added to your licence 28 days after this | | | | of seatbelts in Ireland. |
| date. | | | | 3. Motor insurance offences: generally punishable |
| When someone has been issued with a fixed | | | | by a fine of up to 2,500 euro, disqualification of |
| charge notice by the Gardai for a driving offence | | | | one year or more for a first offence and two |
| that incurs penalty points and pays that charge or | | | | years or more for a second offence, and, at the |
| fine within 56 days the Gardai will notify the | | | | discretion of the court, a term of imprisonment |
| Department of Transport of that fact and the | | | | not exceeding six months. Since 1 June 2003, |
| Department of Transport and the Marine will then | | | | where the court decides not to impose a |
| issue to the person notification of the fact that | | | | disqualification drivers convicted of a first offence |
| the appropriate number of penalty points are to | | | | of driving without insurance will incur 5 penalty |
| be added to their driving licence 28 days after the | | | | points on their licence record in addition to any |
| issue of such notification. Similarly, if someone fails | | | | other penalty imposed by the court. |
| to pay the fixed charge notice within 56 days the | | | | 4. Careless driving: This is defined as 'driving a |
| Gardai will serve a summons on you to appear in | | | | vehicle in a public place without due care and |
| the District Court to answer the alleged driving | | | | attention'. The Gardai enforce careless driving |
| offence. | | | | offences and this involves a mandatory court |
| If you are subsequently convicted of the driving | | | | appearance. From 4th June 2004, a driver |
| offence in court, the District Court will notify the | | | | charged and subsequently found guilty of careless |
| Department of Transport and the Marine of that | | | | driving will receive 5 penalty points on their licence. |
| conviction and of the number of penalty points | | | | Drivers may also be fined up to a maximum of |
| attaching to that conviction. The Department of | | | | 1,500 euro, or given a prison sentence to a |
| Transport and the Marine will then issue to you | | | | maximum of 3 months. (You should note the |
| notification of the fact that the appropriate | | | | courts also have discretion to impose both the |
| number of penalty points are to be added to your | | | | 1,500 euro fine and the 3 month prison sentence |
| driving licence 28 days after the date of the issue | | | | together). |